Is our institution an NSDI subject?
“…public authorities who in their scope, ie their jurisdiction, have the establishment or maintenance of spatial data referred to in Article 9, paragraph 1, of this Act and which in terms of this Act are obliged to participate in the establishment, maintenance and development of the NSDI.”
Public authorities include state authorities, bodies of local and regional self-government units and legal entities with public authority.
The NSDI Act also provides the possibility of the inclusion of the third parties in the NSDI under certain conditions: “A third party may become a subject of the NSDI if it meets the conditions set out in the NSDI Act after the NSDI Council has made an appropriate decision on this according to the proposal of the National Contact Point.”
In accordance with the above, if your institution creates spatial data on the basis of a special law, then we consider it a NSDI subject.
Example: Pursuant to the Law on State Survey and Real Estate Cadastre, the State Geodetic Administration (SGA) is responsible for state surveying, real estate cadaster, infrastructure cadastre, register of buildings, register of spatial units and register of geographical names. Within these stated competencies, spatial data that are part of the NSDI are created, so the SGA is a NSDI subject.
What are the obligations of the NSDI subjects?
Obligations of the NSDI subjects according to the NSDI Act are defined by the Article 25, which prescribes the following::
In the case of datasets or dataset series, the next step is the data harmonization, and if network services are not developed, their development is mandatory in accordance with the NDI Act (OG 56/13, 52/18, 50/20).
- NSDI subjects are obliged to:
- prepare data and metadata and include them in the NSDI,
- take care of updating them,
- prepare information and communication systems for spatial data and include them in the NSDI,
- meet all other obligations arising from this Act.
- The head of the NSDI subject is responsible for fulfilling the obligations referred to in paragraph 1 of this Article.
In the case of datasets or dataset series, the next step is the data harmonization, and if network services are not developed, their development is mandatory in accordance with the NDI Act (OG 56/13, 52/18, 50/20).
To what sources of spatial data does the NSDI Act refer to?
The NSDI Act in accordance with Art. 6. applies to spatial data sources under the condition that:
- they refer to the territory of the Republic of Croatia, internal sea waters, territorial sea, continental shelf and its ecological protection or economic areas and other areas over which the Republic of Croatia exercises sovereign rights,
- they are in electronic form,
- they are within the jurisdiction or scope of NSDI subjects,
- they refer to one or more themes from Article 9, Paragraph 1 of this Act,
- they do not refer to classified spatial data.
A list of all themes along with their descriptions is available via the link.
What is the role of the National Contact Point?
The National Contact Point is responsible for communication with the bodies of the European Commission regarding the implementation of the INSPIRE Directive, for the effective implementation of the National Spatial Data Infrastructure and performs the tasks of secretariat and coordination of the NSDI bodies, as well as technical support for the establishment, maintenance and development of the NSDI. In addition, it is important to note that the President of the NSDI Council, the body that establishes the NSDI in the Republic of Croatia and coordinates the activities of NSDI subjects within the scope and rights and obligations established by the NSDI Act, is appointed from the National Contact Point.
In the Republic of Croatia, the State Geodetic Administration is the National Contact Point of the NSDI in the implementation of the INSPIRE Directive pursuant to the NSDI Act. You can read more about the National Contact Point in the NSDI Act, Articles 1, 2, 7, 10, 11, 18, 19, 25, 26, 29 and 31 (OG 56/13, 52/18, 50/20).
In the Republic of Croatia, the State Geodetic Administration is the National Contact Point of the NSDI in the implementation of the INSPIRE Directive pursuant to the NSDI Act. You can read more about the National Contact Point in the NSDI Act, Articles 1, 2, 7, 10, 11, 18, 19, 25, 26, 29 and 31 (OG 56/13, 52/18, 50/20).
Responsibility and misdemeanor provisions of the NSDI Act?
According to the NSDI Act, responsibility and misdemeanor provisions are defied as Articles 33 and 34:
The NSDI Act also determines the procedure of the National Contact Point in case the NSDI subjects do not fulfill their obligations, Article 25, paragraph 8:
A reasonable time (limit) is specified in the written notice, and assumes the estimated time required to correct irregularities.
“If the NSDI subject, by its actions or non-fulfillment of obligations prescribed by this Act, cause damage for which the Republic of Croatia is responsible under the law of the European Union, the costs of such damage shall be borne by the NSDI subject.”
“A money penalty in the amount of HRK 10,000.00 to HRK 50,000.00 shall be imposed on the responsible person of the NSDI subject referred to in Article 5 of the NSDI Act if he fails to ensure compliance with the obligations referred to in Article 25, paragraph 1, items a), b) and c) of the NSDI Act.”
“A money penalty in the amount of HRK 10,000.00 to HRK 50,000.00 shall be imposed on the responsible person of the NSDI subject referred to in Article 5 of the NSDI Act if he fails to ensure compliance with the obligations referred to in Article 25, paragraph 1, items a), b) and c) of the NSDI Act.”
The NSDI Act also determines the procedure of the National Contact Point in case the NSDI subjects do not fulfill their obligations, Article 25, paragraph 8:
“In case that the NSDI subjects do not fulfill the obligations arising from this Act, the National Contact Point will inform them in writing and ask them to correct the irregularity within a reasonable time.”
A reasonable time (limit) is specified in the written notice, and assumes the estimated time required to correct irregularities.