LAW OF THE REPUBLIC OF MOLDOVA

of November 17, 2016 No. 254

About national infrastructure of space data

The parliament adopts this organic law.

This law partially shifts the Directive 2007/2/EC of the European Parliament and Council of March 14, 2007 about creation of infrastructure of space information in the European Community (Inspire) published in the Official log of the European Union by L 108 of April 25, 2007.

Chapter I. General provisions

Article 1. Subject and purpose of this law

(1) This law establishes general rules of creation of national infrastructure of space data in the Republic of Moldova and managements of space data by means of the geoportal of national infrastructure of space data, provides the standards connected with space data and the politician in the field of ecology, and also the politician and the actions influencing the environment eliminates political restrictions concerning geoinformation necessary for realization communitarian.

(2) the Purpose of this law are ensuring legal and institutional base of creation and implementation of national infrastructure of space data in the Republic of Moldova, determination of the measures directed to distribution of space data in digital format on territories of the country, integration of national infrastructure into the European infrastructure of space data.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are used:

the coordinating body - the administrative authority responsible for implementation of policy in the field of national infrastructure of space data which plays role of the coordinator in accomplishment of the tasks set by this law;

space data – any data directly or indirectly connected with specific location or geographical area;

public subject:

a) any body of the central or local public authority, other central administrative authorities (including subordinated administrative authorities, deconcentrated or subordinated public services, and also public organizations which founders are the central administrative authorities), responsible for sets of space data;

b) any autonomous public organization or the legal entity of private law who within the competence provided by the law renders the public services including the activities and special services which are directly connected with space data;

c) the operator public and utilities or engineering networks which has the engineering networks and competences on their operation confirmed with the license granted by regulating authority of the Republic of Moldova for the purpose of provision of utility and not utilities and bears responsibility for operation, servicing, upgrade, technical retrofitting and long-term development of networks;

the geoportal of national infrastructure of space data – the web portal which is crucial element of national infrastructure of space data and provides access to space data, provides information on space data and network services of one or several public subjects, provides also search capability, visualization and downloadings of space data from different sources;

national infrastructure of space data – metadata, sets of space data and services of space data, network services and technologies, agreements on cooperation, access and use, and also the mechanisms, processes and procedures of coordination and monitoring established used or provided according to this law;

interoperability (mutually compatibility) – the possibility of combination of sets of space data and interaction of services without intervention of operators directed to receipt of consistent results and increase in value of sets and services of space data;

metadata – information which describes sets and services of space data and gives opportunity of their search, inventory count and use;

space object – abstract representation of the real object or phenomenon corresponding to certain location or geographical area;

services of space data – transactions with the space data containing in sets of space data or with the corresponding metadata which can be performed by means of information supplements;

network service - the service intended for ensuring interaction of computers (appendices) based on set of standard protocols for each type of network service separately;

set of space data – set of space data which can be identified;

the third party – any physical person or legal entity which is not public subject, owning space data in digital format and fulfilling requirements of this law.

Article 3. Legal regulation of national infrastructure of space data

(1) the Legislation on national infrastructure of space data is based on the Constitution of the Republic of Moldova, international treaties and agreements which party is the Republic of Moldova, this law, legislative and the regulations concerning territorial safety of the Republic of Moldova, preserving the classified information, personal data protection, intellectual property rights.

(2) If international treaties which party is the Republic of Moldova establish other regulations, than those which are provided by this law are applied regulations of international treaties.

(3) Provisions of this law do not affect intellectual property rights on components of sets of space data or the right of public subjects of ownership of them in the field of activity.

Article 4. Scope

(1) the Scope of this law is the national infrastructure of space data covering all territory of the Republic of Moldova.

(2) the space data corresponding to the following conditions fall Under operation of this law:

a) are part of sets of the space data provided in appendices 1, 2 and 3, and also other sets of the space data falling under operation of this law;

b) are available in digital format;

c) belong to one of public subjects or own them on behalf of the last;

d) belong to the third party who is not bearing responsibility for space data, but provided that the Government or the central body of the public power assigned by the Government makes the decision on participation of the third party in national infrastructure of space data.

Article 5. Responsibility for space data

(1) Public subjects within the functional competence and requirements of this law participate in creation and promotion of national infrastructure of space data by provision of access to the sets and services of space data belonging to them, and also by providing their description.

(2) Public subjects provide completeness, quality and general availability of space data, network services and metadata, and their use and distribution are performed within national infrastructure of space data according to provisions of this law.

(3) Responsibility of public subjects for sets of space data provided in appendices 1, 2 and 3, is established by the order of the Government.

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