Circular Number: 20/2021

Open Data Framework Agreements

copies requested (not linked in release)

https://www.gov.ie/en/press-release/6eab4-minister-of-state-smyth-launches-two-new-open-data-framework-agreements/

Access to environmental information remains challenging

The new Open Data legislation only comes into play only the question of access is decided. An applicant must prove a right of access (eg via AIE/FOI) first, before making an application for Open Data access

Commission officials have gone through the relevant EU legislation, together with the Member States, and prepared a list of datasets on environmental reporting.

That list also reflects the data gaps identified during the evaluation of the state-of-implementation and the fitness of the Directive for its intended purpose (a so-called REFIT evaluation).

Note: There are no reporting obligations on members states (but suggestions can be made which will be transmitted to the relevant units in the Commission)

The main objectives for this action are to:

• communicate environmental information priorities and expectations to Member States by clearly identifying the spatial data sets relevant for environmental reporting;
• provide guidance on consistent mapping of reporting obligations and supporting data to INSPIRE spatial objects for the development of pan-European data sets;
• identify reporting redundancies and explore opportunities for streamlining;
• improve the timeliness and the quality of reported data.

The list is a ‘living inventory’ of environmental information needs and as such provides an instrument to:

• incrementally build comparable INSPIRE maturity across member states for all INSPIRE components (metadata, services, interoperability, data sharing) based on a common setting;
• plan tangible and usable INSPIRE deliverables for eReporting;
• monitor progress on INSPIRE implementation in general and for the reporting use case in specific;
• promote the reuse of the INSPIRE infrastructure for reporting purposes.

EU plan is to propose these e-reporting datasets be included on the upcoming list of high-value datasets (under Open Data Directive), which will have to be (a) available free of charge, subject to a two year derogation/exemption; (b) machine readable; (c) provided via APIs; and (d) provided as a bulk download, where relevant

Due to the time the above process will take, plus the addition of the 2-year derogation, we are looking to 2025-26 for implementation ?

89 datasets are currently listed

Summary List of Datasets

Information on Ambient Air Quality

List of major roads, railways, airports and agglomerations

Strategic Noise Maps

River Basin Districts and Competent Authorities

Characterisation of River Basin Districts

Monitoring Programmes / Location of monitoring stations (water)

Preliminary Flood Risk Assessment and Areas of Potential Significant Flood Risk

Flood Hazard Maps and Flood Risk Maps

Units of Management and Competent Authorities / Boundaries of management units / Competent Authority

Information on the subdivision of marine regions and subregions / Subdivisions of marine regions or subregions

Monitoring programmes / Location of monitoring stations / Marine monitoring stations

Report on Quality of Water for Human Consumption / Water supply zones and related monitoring information, attainment of limit values / DWD water supply zones

Identification of Bathing Areas / Bathing water areas (beaches falling under the Directive)

Information on monitoring results / Location of wastewater treatment plants, agglomerations, discharge points and sensitive areas (Location of UWWTD plants)

Information on monitoring results / Location of wastewater treatment plants, agglomerations, discharge points and sensitive areas (Location of discharge points linked to WFD water body)

Information on monitoring results / Location of wastewater treatment plants, agglomerations, discharge points and sensitive areas (Sensitive areas, less sensitive areas and catchments)

Monitoring and Implementation report / Monitoring data written text (NiD monitoring stations)

Vulnerable zones notification / Datasets of vulnerable zones

Implementation Report / Habitat types and species distribution and range data

Supporting reporting obligation under Habitats Directive

Habitat types, species distribution (Art. 17: implementation measures) / Habitat types and species distribution and range data (Various habitat maps using INSPIRE geographical grid system)

Location of Natura 2000 sites / Boundaries of NATURA 2000 sites

Birds geographical distribution (Art. 12: implementation measures)

ALIEN SPECIES Reporting on various issues, including on the surveillance system, actions plans, eradication and management measures etc.

Areas designated under national legislation for the purpose of nature protection including sites such as national parks and nature reserves. (This reporting obligation is an Eionet core data flow)

E-PRTR Report covering data reported by industrial facilities covering 65 economic activities within 9 industrial sectors (Article 7) / List of facilities and related emissions data

E-PRTR Report covering data reported by industrial facilities covering 65 economic activities within 9 industrial sectors / List of facilities and related emissions data (Information related to actual pollutant releases)

IED Reporting obligations on IED-installations (including data on competent authorities, permit information (e.g. derogations), and baseline reports) (Article 72) / List of installations, general information, contact information, competent authorities, and permit information (Location of industrial and agricultural installations falling under IED)

IED Transitional plans covering selected pollutants from the (large) combustion plants (Article 32) (Location of combustion plants)

IED (Information related to actual pollutant releases)

Boreholes for hydraulic fracturing (locations)

Seveso III location of establishments

Location of islands and isolated settlements that are exempted from permission of dumping waste

Landfill of waste – Location of landfill of waste sites

Mining Waste / operators of extractive waste facilities / Location of facilities (including exemptions)

Use of sludge in agriculture: the quantities used, the criteria followed and any difficulties encountered / Names and addresses of the recipients of the sludge / Place where the sludge is to be used / Agricultural facilities receiving sludge

Information regarding mercury located in the Member State territories (Location of storage facilities)

 

Notes:

Have gone back to clarify with OIC on a number of points. For example, in the EPA case, the EPA granted access to the database (illegal dumps register) under AIE. OIC note that “a right of access to a document is an essential precursor to the right to re-use such a document.” I’d assume the AIE grants that right of access, so the ODD request should stand ? Will see what OIC say on this.

CSO case was always more nuanced. CSO refuse to publish livestock data in the format that they collect it in. So cannot provide the ‘right of access’ that OIC require here, and would have to provide right of access by other means … which for environmental data, is tricky !

Circular 20/2021 – Open Data Directive

Timeframes

The timeframe for a request under the Open Data Directive is 20 days, with the possibility of an extension of an additional 20 days

“Any person can make a request and requests must be dealt with within 20 days in accordance with procedures set out in Regulation 6 of SI 376/2021. Please note the response time may be extended to 40 days where the request is extensive or comprehensive.”

Appeals to OIC

Refusals (or ghosting the original request, which is deemed to be a refusal), do not need to be submitted for Internal Review (unlike FOI/AIE requests), and can go direct to the OIC by way of Appeal. This should speed up the process. As of Jan 2022, OIC have received no appeals.

Which Public Sector Bodies are covered

The Regulations apply to ALL public sector bodies, with certain exceptions, notably educational, research (apart from publicly funded research data) and cultural organisations.

Publicly funded research data held by researchers, research performing organisations and research funding organisations has been brought under the scope of the Directive.

Does Open Data apply to public undertakings

Public Undertakings also come under the scope of the Directive. These refer to entities entrusted with the provision of public services – water, energy, transport, postal services, public transport services by rail and road, air carriers or marine transport services which are funded or governed by public bodies. Public undertaking are encouraged to provide data for reuse, but are not required to comply with the request regime.

Where Public Undertakings make their data available for re-use they must do so in compliance with the provisions in the Directive relating to open formats, charging, exclusive arrangements etc

Fees

There are no fees but note, that this is subject to some exceptions and if charges are applied these must be clearly set out on the website of the charging organisation. The position with regard to charging and how charges may be calculated are set out in Regulation 8, Charges for Re-Use, of SI 376/2021.
Public sector bodies who are allowed to charge above the marginal rate, in accordance with Regulation 8 of SI 376/2021, must notify the Open Data Unit in DPER in order to be included in the published list of such bodies. Here is the relevant SI: https://www.irishstatutebook.ie/eli/2021/si/376/made/en/print

Open Data Disclosure Logs

There is no requirement to publish Open Data Disclosure Logs, but note Under Regulation 4 of SI 376/2021 all Departments/Offices and relevant bodies under their aegis are obliged to supply to the Minister for Public Expenditure and Reform with information as requested from time to time, such as open data progress reports. So from a practical perspective an applicant can use FOI/AIE to request Open Data Progress Reports.

My personal opinion is that Open Data Disclosure Logs will be introduced by some public bodies, in the same way that some publish AIE Disclosure Logs (which they do not have to publish). Forcing applicants to use AIE process to request AIE Disclosure Logs is just silly, so likely be sorted out.