The All-Ukrainian Association of Amalgamated Territorial Communities (AAATC) received clarification from the State Service of Ukraine for Geodesy, Cartography and Сadastre (State GeoCadastre) on cooperation agreements in the field of the national geospatial data infrastructure. The clarification sets out the purpose of such agreements, the responsibilities of communities as data holders, and the procedures for working with the national geoportal. The clarification has been published on the Association’s website.

Communities had approached the Association with questions about the agreements received from the State GeoCadastre: why they should be concluded and whether they entail new obligations or additional costs. The Association sought clarification from the State GeoCadastre.

The purpose of the agreement

The National Geospatial Data Infrastructure (NGDI) facilitates interaction between data holders and provides access to information about objects whose location can be determined on the ground. Communities may require this data for spatial planning, land management, and the preparation of development projects.

The State GeoCadastre refers to paragraph 56 of the Procedure for the Functioning of NGDI, approved by Resolution No. 532 of the Cabinet of Ministers of Ukraine dated 26 May 2021. According to these regulations, in order to disseminate geospatial data sets and facilitate information exchange between geoportals and geoinformation services, data holders must enter into cooperation agreements with the State GeoCadastre.

The agreement has to be accompanied by a list of geospatial data sets and the formats in which they are to be integrated. This appendix defines the specific scope of the cooperation.

Additional costs

As explained by the State GeoCadastre, the agreement does not create any organisational, technical, or financial obligations beyond those already provided for in the Law of Ukraine “On the National Geospatial Data Infrastructure” and Procedure No. 532. The agreement is open-ended and provides for the continuous implementation of measures established by law.

The administrator provides connection to and access to the national geoportal’s electronic office free of charge. However, the preparation, updating, and storage of data will require staff time and, depending on the situation, the community’s technical resources.

Before signing, the Association advises checking the text of the agreement and its appendices: whether they comply with the State GeoCadastre’s guidance, and whether they specifically define the datasets, formats and procedures for cooperation.

Responsibilities of the community

The data holder is responsible for the authenticity, completeness, accuracy, and validity of geospatial data and metadata. Metadata describes a dataset: what information it contains, what territory it covers, who the data holder is, and how to access it.

As stated in the response from the State GeoCadastre, work with thematic data may include:

• the creation and updating of datasets;
• the development and registration of specifications that define the requirements for datasets;
• the creation, updating, and registration of metadata on the national geoportal;
• the provision of interoperability between thematic data and base data;
• the storage and protection of data and the organisation of access to it;
• co-operation with other data holders and the geoportal administrator.

To determine which thematic datasets the community is responsible for, the State GeoСadastre recommends referring to Appendix 2 to Procedure No. 532.

A representative of the local government registers and gains access to the electronic office. Metadata is published using a qualified electronic signature. For data holders who continuously collect thematic geospatial data in the manner prescribed by law, paragraph 35 of the Procedure specifies the frequency of metadata updates: once a year, and also in the event of changes to the requirements in the specifications. This schedule applies to metadata; the data itself must remain up to date in line with the applicable requirements.

How to organise the work

The Association recommends that communities:

1. Check the agreement and its appendices, in particular the list of datasets, formats, access conditions, and procedures for cooperation.
2. Identify the staff and departments responsible for the creation, use, and storage of data.
3. Inventory the available datasets and assess their relevance and readiness for exchange.
4. Appoint an authorised representative to manage the electronic portal and use the qualified electronic signature.
5. Prepare the metadata and establish an internal procedure for its verification and updating.
6. Agree on the technical method for data transfer. If the community does not have its own geoportal or the necessary services, the State GeoCadastre’s response mentions the possibility of transferring data on electronic media when it is not possible to provide immediate access to the relevant services.

The State GeoCadastre also draws attention to the administrative liability of officials for failing to publish geospatial data and metadata for which legislation specifies mandatory publication. When disseminating data, communities must take into account requirements for access to public information, state secrets, and the protection of personal data and information.

If an agreement relates solely to the exchange of geospatial data, according to the explanation provided by the Association, it may usually be signed by a village, settlement or city mayor without a separate resolution of a council session or executive committee. The Association bases this conclusion on paragraph 16 of Part Four of Article 42 of the Law of Ukraine “On Local Self-Government in Ukraine”, which grants the mayor the authority to conclude agreements on behalf of the community, the council, and the executive committee