Seitenhistorie

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The Community is obligated to apply the rules of tender if the authorities require payment from the public authorities or institutions and bodies of the Community, CIB that use their spatial data sets and services.
What are the Commissions expectations in regards to the Member States obligations if the Community institutions are obligated to adhere to the rules of tender?

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1. Article 10 of the EU Treaty: Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.
   They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.
2. INSPIRE directive – Article 17 in general, Article 17.3 "...any such charges should and licenses must be fully compatible with the general aim of facilitating sharing...".

If a public authority in a Member States decides to react to a call for tender, then the Member State must ensure that 1) and 2) are respected. – If a public authority decides not to react to a call for tender and its data is required to facilitate the achievement of the Community's tasks, then the CIB can point out to the Member State that they need access and use of the spatial data and services.

(WS Legal Issues 17.06.2010)

Request for complementary clarifications (NPOC) and Answer (EC Inspire Team)

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