EUU, Alm.del - 2021-22 - Bilag 612: Høringssvar vedr. gennemførelsesretsakt for datasæt af høj værdi

Europaudvalget 2021-22
EUU Alm.del Bilag 612
Offentligt

Notat

Danish consultation response to the European Commission’s

Implementing Regulation laying down a list of specific high-value

datasets and the arrangements for their publication and re-use

Danish comments to the public consultation

16. juni 2022

KTD/SIYND

The Danish Government supports the Implementing Regulation and the Com-

mission’s aim of making public data of highest socio-economic potential made

available for re-use with harmonized re-use conditions. High value datasets

(HVD) are key drivers to establishing an internal market for data and for making

the EU a leader in a data-driven economy and society. Nevertheless, we propose

some amendments to the Implementing Regulation and Annex.

General comments

Existing documents

Article 1 states that the Implementing Regulation establishes a list of high-value

datasets held by public sector bodies among the existing documents to which the

Open Data Directive applies. We recommend that it is emphasized in the pream-

ble of the Implementing Regulation that the regulation does not impose on Mem-

ber States to collect and make available data that is not currently held by public

sectors bodies within the Member State.

E.g., some of the statistical datasets described in the Annex are only published via

Eurostat and not by Statistics Denmark (the national statistics authority). We as-

sume that it is sufficient for the national statistics authority to provide links to the

datasets published by Eurostat, and that they are not required to create new da-

tasets, cf. the above paragraph.

Further, we encourage a more thorough explanation of Article 4(2), particular the

expectations to the data responsible authorities that exhibits historical data today.

Requirement to HVD-dataset

We suggest a clarification of whether the requirements to existing datasets cur-

rently implemented based on the regulations mentioned both in the preamble text

and in the Annex are regarded as sufficient for such datasets. If there are require-

ments that go beyond the existing regulations, it could potentially have significant

financial consequences, and should be more prominent in the text. This interpre-

tation issue has been a cause of general concern in Denmark, particularly with re-

gard to the relation between INSPIRE and HVD-requirements.

In both the Implementing Regulation and the accompanying Annex requirements

for data, documentation, description and publishing of data could be interpreted

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as going beyond the requirements of the INSPIRE Directive and thus impose ad-

ditional tasks on public authorities responsible for INSPIRE data. We suggest a

clarification of these formulations, confirming that meeting existing INSPIRE re-

quirements is adequate. Some formulations have cast doubts about whether or

not this is the case. E.g. the description of "Cadastral parcels" in the Annex does

not match INSPIRE (cf. comments related to the annex).

We recommend that the Commission confirm that the implementing regulation

do not impose additional requirements that go beyond existing ones, particularly

with regard to the documentation requirement for HVD-APIs in Article 3(2-3).

The financial implications of the implementing regulation are difficult to estimate

at this time in the process and requires a separate analysis, but some public au-

thorities have already warned about potential financial consequences. Particularly,

we estimate potentially inconsistent requirements for overlapping INSPIRE-da-

tasets and HVD datasets could entail substantial financial implication for Danish

public authorities responsible for existing INSPIRE-datasets.

Comments related to the implementing regulation

API

In recital (3), APIs are referred to as “application processing interfaces”, while the

correct term is “application programming interfaces”. It occurs several places and

needs correction.

Metadata requirement and the connection to DCAT-AP

Article 3(5)

states that public sector bodies holding high value datasets listed in the

Annex shall ensure that these datasets in their metadata description is denoted as

high-value datasets. We suggest that this metadata-requirement is incorporated in

future revisions of DCAT-AP, the recommended application profile for data por-

tals in Europe.

Comments related to the annex

The list of “High Value Datasets”

There has been some confusion related to the term

high value datasets

as listed un-

der the different thematic categories in the Annex. Some Danish authorities are

unsure whether each named high value dataset must be available as one single da-

taset or if it is acceptable that the data be published as several different datasets. It

is the Danish Governments interpretation that it is adequate that they are available

as several datasets; otherwise, we expect it to be emphasized in the text in the An-

nex.

E.g. under

Earth observation and environment,

one of the listed datasets is

Protected sites.

Protected sites

consist of seven different datasets/elements in Denmark with two

different responsible public authorities. This is also the case regarding

buildings

(also two different public authorities). We expect that this is unproblematic.

EUU, Alm.del - 2021-22 - Bilag 612: Høringssvar vedr. gennemførelsesretsakt for datasæt af høj værdi

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Examples of inconsistencies between Annex requirements and INSPIRE

requirements, cf. our general comment on requirement to HVD-dataset:

Geographical names

The term “Category” is mentioned under Geographical names in the An-

nex, but this is not part of the INSPIRE-model. INSPIRE GN has an at-

tribute called “type”. We therefore recommend that “category” is cor-

rected into “type”.

”Cadastral parcels”

The description of "Cadastral parcels" does not match INSPIRE. E.g. the

term "Type of parcel" is used, and this is not an information required by

INSPIRE Cadastral Parcels (CP). The term "Reference to the administra-

tive area" is also used, and it is unclear whether this means INSPIRE Ad-

ministrative Units, in which case it is neither an information that is re-

quired in INSPIRE CP. We suggest the key attributes for Cadastral parcels

to be aligned with INSPIRE.

Elevation

Granularity is not part if INSPIRE. If the expectation is that HVD-da-

tasets are available in a granularity higher than existing INSPIRE datasets,

it will require establishing new datasets. We welcome a clarification of the

extent of the requirement for specific granularity; particularly whether or

not the required granularity is different from existing requirements of IN-

SPIRE datasets.

Climate

The HVD-dataset “climate” is not INSPIRE theme. We ask the Commis-

sion to explain this dataset and clarify its meaning.

Mobility

The Annex states that transport network datasets shall be made available

for re-use immediately after the latest update, and it therefore has a higher

requirement for update frequency than INSPIRE. If a higher requirement

for update frequency is required for HVD, it constitute a new task that

imposed on the public authorities, which can be burdensome.

Attributes in “reference parcel”

In Denmark we do not register “organic” and “animal” for reference parcel and

will therefore not be able to publish theses data as part of “reference parcel”

Table 15-18

The categories/groupings in table 15-18 differ from the existing ones in Den-

mark, and thus require a new segmentation.