Geospatial Reference Data as Public Sector Information

1. H χορήγηση του γεωγραφικού υλικού ως δημόσια πληροφορία Geospatial Reference Data as Public Sector Information The German Way Η περίπτωση της Γερμανίας

2. Some Facts about Germany • 16 states („Laender“) • Area 357.023 sqkm • Inhabitants 82,5 mio. • Capital: Berlin • Lower Saxony (capital Hannover) • Bavaria (capital Munich)

3. Official Surveying and Mapping in Germany • Official surveying and mapping belongs to the responsibilities of the 16 states • The administrations belong to different ministries: • Interior (8) • Finance (1) • Economy, Traffic (3) • Environment (1) • Rural Affairs (1) • Urban Development (in the 3 city states)

4. General Overview • 16 different cadastral laws, but covering the same topics in general and 16*X different bylaws and regulations • State survey and Real Estate Cadastre in one authority, but different organisational structures • Licensed Surveyors in 15 states (except in Bavaria) • BKG (Federal Agency for Cartography and Geodesy) has the task to provide the federal level with geospatial reference data (licensed by the states), but no competence.

5. Cadastre and Land Registry (1) • Cadastre and Land Registry are seperated • Cadastre is operated under state law by cadastral offices; depending on the organisational structure in the state cadastral offices belong to state level or administrative district level • Land Registry is operated by the land registry offices in the local courts under federal law (Civil Code, Land Registration Act – „Grundbuchordnung“-)

6. Cadastre and Land Registry (2) • The Real Estate Cadastre is mentioned in the Land Registration Act: • §2 Art. 2: • The properties are named in the land register according to the official register (real estate cadastre).

7. AdV - A Voluntary Association MI HH SH MV MW HB MB/SB NI BE MU LSA BB NW ML SN TH HE MF RP State Level SL BY Municipal Level BW Deutsche Geodätische Kommission Without hatching: Integration

8. Organisation of AdV

9. Tasks and Responsibilities of AdV • Recommendations, guidelines and binding regulations for state survey and real estate cadastre in Germany • All decisions of AdV are recommandations and have to be transformed into state laws • Co-ordination of state overlapping projects • Co-operation in research, development and application of technical methods and procedures • Representation of official surveying and mapping of the states of Germany in international organisations and co-operation at international level

10. Nota bene • The surveying and mapping authorities in Germany are only responsible for geospatial reference data („Geobasisdaten“).

11. PSI Directive in Germany • German IWG came into force on 19th December 2006 • It is a 1:1 transposition of the EU directive • The law does not regulate the access to public data, but only the use of psi • Question: do cadastral information come under this law? • Answer: partly no (information about ownership is restricted)

12. Data Provision Principles • Exclusive license usage right for one customer is not allowed • Fees are effective both for private persons / institutions and public bodies • Viewing is free (definition of viewing may be difficult) • Using the data is never free of charge

13. Pricing Policy • The 16 states are independent in their pricing policy (as well as in the legislation) • Fees are regulated by law (or bylaw) • Therefore fees may vary from state to state • Fees follow both the „benefits received principle“ and the „cost recovery principle“ (no full cost recovery, but cost recovery for updating and adminstration) • Possibility of licensing only for handling costs (ca. 20-30% of the regular fee) • Possibility to give data for free in the beginning and then compensation by royalties (depending on the budget rules)

14. Arguments from Customers ... • Why public data, we have Google or Microsoft Virtual Earth • Too many access points • Too expensive („Mercedes“) • Has already been paid by the taxpayer

15. Our Arguments ... • Collection of geospatial reference data is an infrastructural measure (task by rights) • We cover the whole country and not only special („interesting“) areas • We guarantee a permanent updating • We guarantee the same conditions for all customers • Provision of geospatial reference data is the first part of a value chain and we want to benefit from it

16. New Regulations • Since 1 January 2008 AdV has a new scale of charges and fees for crossborder (and the whole of Germany) data. • The states will now take over this decision into their own laws. • Same structure of factors for licenses for the use of geospatial reference data (spatial reference, topography, cadastre)

17. Example Cadastre (paper) • Excerpt / copy of the cadastral map • Format up to A3: 20 € Format up to A0: 40 € • Excerpt / copy of the cadastral register: • Depending on the amount of parcels (10-20 €) covered by this copy

18. Example Cadastre (digital)

19. Example Topography

20. A practical example • If a company buys the Basis-DLM (1:25.000) data of Germany for its own use, it has to pay 180.000 € (capping) • If the company wants to use this data for producing a new product (e.g. navigation CD) it has to pay only 20% of that fee (36.000 €) • The licensee will get then a percentage of the selling price of that product (5-25% depending on the number of sold products) as a usage fee. • These royalties will be taken into account. If the company sells a lot of products, it gets the data indirectly for free.

21. Conclusions • Result of the technical development in the past was the reduction of personnel and methods. Impact on pricing in the way that fees did not increase or were reduced • There is no impact on pricing caused by federalism • Pricing follows already the rules and regulations that are mentioned in the PSI directive (as well as in INSPIRE) • AdV is assisting by moderating and harmonising

22. Thank you very much for your attention ευχαριστώ πολύγιατηνπροσοχήσας