Decree No. 103 / 2010 Coll.
Decree on the implementation of certain provisions of the Law on the right to information on the environment
Valid
Effective from 30.04.2010
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103
DECLARATION
of 30 March 2010
implementing certain provisions of the Law on the right to information on the environment
The Ministry of the Environment provides, pursuant to § 15a (a), (b), (d) to (f) of Act No. 123 / 1998 Coll., on the right to information on the environment, as amended by Act No. 380 / 2009 Coll., ("the Act '):
Subject matter of the Order
This decree implements the relevant provisions of the European Union1) and provides for
(a) spatial data themes;
(b) conditions for use of spatial data and services;
(c) the range of continuously updated large volume data;
(d) the time limits within which the compulsory body or other spatial data provider must create metadata for the spatial data and services acquired by it;
(e) means of keeping records of the public use and making spatial data available.
Spatial data themes
[K § 15a (a) of the Act]
The spatial data themes are listed in Annex 1 to this Decree.
Conditions for use of spatial data and services
[K § 15a (b) of the Act]
(1) For each use of spatial data and services, the identification of the mandatory entity or other provider shall be indicated in a visible place. The designation shall be the name or business name or surname, if any, if it is a natural person, copyright or data labelling not affecting their applicability, in particular watermark or microshift data.
(2) Upon request, the acquirer shall provide the obligor or other provider with a demonstration of new spatial data generated over the spatial data provided.
(3) Where a compulsory body or other provider provides spatial data and services based on spatial data free of charge, the price of the resulting product sold shall not be increased by the price for spatial data or by the services based on spatial data.
(4) Spatial data and services are provided only for the purpose agreed in the contract, for further use of the data a new licence contract is always concluded or the contract in force is amended.
(5) The acquirer shall ensure the protection of spatial data from unauthorised use.
(6) The acquirer may entrust the third party with the processing of spatial data for the purposes of the acquirer. Where the acquirer is at the same time the contracting authority of a contract implemented through a third party, the acquirer shall be entitled to make available the necessary part of the spatial data to that third party for the purposes of processing the procurement documents. The acquirer shall inform the third party of the data provision of the primary data provider.
(7) Spatial data and services based on spatial data are provided free of charge for the purpose of the selection or performance of the public authorities' contract.
(8) Where a compulsory body or other provider requests payment for spatial data provided or services based on spatial data, it shall compile a detailed overview containing the prices for spatial data and services and an hour's work on the provision of services other than spatial data services. The price list shall be made available by the mandatory body or other provider through metadata.
Range of continuously updated large volume data
[K § 15a (d) of the Act]
Large-volume data shall be considered as continuously updated spatial data where at least 5% of all entities in the spatial data set are updated every 10 days at most, with a total volume of the spatial data set of more than 10,000 entities.
Time limits for metadata creation
[K § 15a (e) of the Act]
In the case of newly created spatial data and services, the mandatory body or other metadata provider shall establish the creation of spatial data or services.
Method of keeping records of public use and access to spatial data
[K § 15a (f) of the Act]
The method of keeping records of the public use and the availability of spatial data is set out in Annex 2 to this Decree.
Transitional provisions
Compulsory entity or other spatial data provider shall create metadata pursuant to § 11b (4) of the Act
(a) by 24 December 2010 in the case of existing spatial data, the subjects of which are listed in Parts I and II of Annex 1 to this Decree;
(b) by 24 December 2013 in the case of existing spatial data, the subjects of which are listed in Part III of Annex 1 to this Decree.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Ing. Shebesta v. r.
Příloha č. 1
Annex No. 1 to Decree No. 103 / 2010 Coll.
DETAILS THEREOF
Compulsory entities shall make spatial data corresponding to at least one of the themes listed below available through the geoportal, which are made up, received, managed or updated by the mandatory bodies. The geoportal shall also make available spatial data other than those whose topics are further listed if the obliged entity so requests and if the technical requirements are met. The spatial data of another spatial data provider shall also be made available on the geoportal if another spatial data provider so requests or otherwise provides for other legislation and if technical requirements are met.
1. Coordinate Reference Systems
Systems for the unambiguous assignment of the position of spatial information by the coordinate system (x, y, z) or latitude, longitude and height, which are related to the position and height geodetic date.
2. Geographic coordinate network systems
A harmonised multi-level grid, standardised position and size of grid cells and a common beginning.
3. Geographical names
Names of areas, regions, districts, towns, municipalities, parts of municipalities or any geographical or topographical elements of public interest or of historical importance.
4. Territorial Administrative Units
Territorial administrative units which divide territories for the purposes of government and self-government and are defined by the boundary of one or more continuous cadastral territories.
5. Addresses
Location of the property by address, identified in the manner defined by the Basic Registr2 Act).
6. Parcel
Territory defined in the property register.
7. Transport networks
Road transport networks (including cycle paths), rail, air and water transport networks and related infrastructure. They include links between transport networks. They also include the trans-European transport network defined by European Union3).
8.
Water elements, including marine areas and all other related water bodies and elements, water catchment areas and sub-basins under legislation8) transposing the definitions set out in the European Union Regulation 9) establishing a framework for Community action in the field of water policy.
9. Protected Territories
Territories designated or managed in the framework of international treaties, European Union and Czech legislation to achieve the specific objectives of their protection.
1. Altitude
Digital height model of land, surface of glaciers and oceans. Includes altitudes of land, water depth and coastal line.
2. Landscape coverage
Physical and biological coverage of the earth's surface, including artificial surfaces, agricultural areas, forests, natural and partly natural areas, wetlands, water bodies.
3. Orthophotographic Display
Geographic image data taken by satellite or aerial sensors.
4. Geology
Geology characterized by composition and structure. Includes rock ground, water and geomorphology.
1. Statistical Units
Units for the dissemination or use of statistical information.
2. Buildings
Geographical location of buildings.
3. Soil
Soil and its substrate described by depth, texture, structure and content of particles and organic material, weight of skeleton, erosion, or average slope and expected water absorption capacity.
4. Use of the territory
The territory described according to its current and planned function or socio-economic purposes (e.g. residential, industrial, commercial, agricultural, forestry, recreational).
5. Human Health and Safety
Geographical distribution of the predominant incidence of pathological conditions (e.g. allergies, cancers, respiratory diseases), health impact information (biomarkers, decline in fertility, epidemics) or living conditions (e.g. fatigue, stress) related directly (e.g. air pollution, chemicals, ozone depletion, noise) or indirectly (e.g. food, genetically modified organisms) with environmental quality.
6. Public and public administration services
Sewerage, waste management, energy supply and water supply facilities; administrative and social public services such as public administration, civil protection facilities, schools and hospitals.
7. Environmental monitoring facilities
The location and operation of environmental monitoring facilities which include the observation and measurement of emissions, the state of the environmental compartments and other ecosystem indicators (e.g. species diversity, ecological conditions of plants) by or on behalf of public authorities.
8. Production and Industrial Equipment
Industrial production sites, including facilities covered by other legislation4), and water collection, mining, storage and storage facilities.
9. Agricultural and Aquaculture Equipment
Agricultural production facilities and facilities, including irrigation systems, greenhouses and stables.
10. Population distribution - demography
Geographical distribution of the population, including population characteristics and types of activity, grouped by grid, region, administrative unit or other analytical unit.
11. Administrative areas, protected zones, regulated territories and reporting units
Areas managed, regulated or used for reporting at international, European, national, regional or local level. Includes landfills, zones of sanitary protection of water resources, vulnerable nitrates, regulated waterways at sea or large inland waterways, waste storage areas, noise reduction zones, permitted exploration and extraction areas, river basin areas, relevant reporting units and coastal management zones.
12. Areas threatened by natural risks
Vulnerable areas identified by natural hazards (all weather, hydrological, seismic and volcanic phenomena, as well as destructive fires that may have a serious impact on society due to their occurrence, severity and frequency), such as floods, landslides and landslides, avalanches, forest fires, earthquakes, volcanic eruptions.
13. Air
Physical state of the air. Includes spatial data based on measurements, models or combinations thereof as well as measurement points.
14. Meteorological Events
Weather conditions and their measurement; precipitation, temperature, fumes from soil and plant cover, wind speed and direction.
15. Oceanographic phenomena
The physical state of the oceans (e.g. currents, salinity, wave height).
16. Marine areas
The physical state of the seas and saltwater bodies divided into regions and subregions with common characteristics.
17. Biologions
Areas with relatively homogeneous ecological conditions and common characteristics.
18. Habitats and biotopes
Geographical areas characterised by specific ecological conditions, processes, structures and functions relevant to life providing physical support to the organisms living there. They include land and water areas differentiated by geographical, abiotic and biotic elements, both natural and partly natural.
19. Distribution of species
Geographical distribution of the occurrence of animal and plant species grouped by grid, region, administrative unit or other analytical unit.
20. Energy Resources
Energy sources, including hydrocarbons, hydropower, bioenergy, solar and wind energy and other energy sources, including, where appropriate, information on the depth or height of the source.
21. Mineral raw materials
Mineral materials, including metal ores, industrial raw materials and other commercial minerals, including, where appropriate, depth or height information relating to the extent of the source.
Příloha č. 2
Annex No 2 to Decree No 103 / 2010 Coll.
Method of keeping records of public use and access to spatial data
I. Terms
For the purposes of this Annex:
(a) the rules on metadata implementing the rules adopted pursuant to European Union legislation on the making available of spatial data for the purposes of environmental policies (5), laying down requirements for the creation and maintenance of metadata for spatial data, spatial data series and spatial data services corresponding to the spatial data themes listed in Annex 1 to this Regulation;
(b) the rules on interoperability implementing the rules adopted pursuant to European Union legislation on the accessibility of spatial data for the purposes of environmental policies (6), which lays down technical measures for interoperability;
(c) rules on spatial data services, implementing rules adopted pursuant to European Union legislation on the making available of spatial data for the purposes of environmental policies (7), laying down requirements for the establishment and maintenance of spatial data services and obligations relating to the availability of such services.
II. Method of keeping records
(1) The mandatory body or other provider shall establish a list of its spatial data and services (hereinafter referred to as the "list") corresponding to spatial data themes and which are made available through a geoportal and shall transmit the list to the Ministry of the Environment. Spatial data will be arranged according to topics and spatial data services will be organised by type of spatial data services.
(2) The compulsory body or other provider shall transmit only those indicators listed below for which the relevant directly applicable provisions of the European Union in the field of spatial data disclosure for environmental policy purposes are effective.
(3) The records and reports transmitted will be made available by the Ministry of the Environment on the geoportal.
III. Metadata
III.a. Monitoring of metadata
(1) The following indicators shall be used to assess the existence of metadata for spatial data and spatial data services corresponding to spatial data themes:
(a) a general indicator (MDi1) assessing the existence of metadata for spatial data and spatial data-based services corresponding to spatial data themes;
(b) specific indicators:
1. MDi1.1 which assesses the existence of metadata for spatial data corresponding to the spatial data themes listed in Part I of Annex 1 to this Decree,
2. MDi1.2 which assesses the existence of metadata for spatial data corresponding to the topics listed in Part II of Annex 1 to this Decree,
3. MDi1.3 which assesses the existence of metadata for spatial data corresponding to the topics listed in Part III of Annex 1 to this Decree,
4. MDi1.4 which assesses the existence of metadata for spatial data services corresponding to spatial data themes.
(2) The mandatory body or other provider shall, for all spatial data and for each spatial data-based service listed, determine whether metadata exist and shall assign the following values to spatial data or spatial data-based service:
(a) value 1 if metadata exist;
(b) the value of 0 in the absence of metadata.
(3) The general indicator MDi1 is calculated by dividing the number of spatial data and services corresponding to spatial data themes for which metadata exist by the total number of spatial data and spatial data services corresponding to spatial data themes.
(4) Specific indicators shall be calculated as follows:
(a) the number of spatial data corresponding to the themes listed in Part I of Annex 1 to this Regulation for which metadata exist, divided by the total number of spatial data corresponding to those themes (MDi1.1);
(b) the number of spatial data corresponding to the themes listed in Part II of Annex 1 to this Regulation for which metadata exist divided by the total number of spatial data corresponding to those themes (MDi1.2);
(c) the number of spatial data corresponding to the themes listed in Part III of Annex 1 to this Regulation for which metadata exist, divided by the total number of spatial data corresponding to those themes (MDi1.3);
(d) the number of spatial data services corresponding to all spatial data themes for which metadata exist divided by the total number of spatial data services corresponding to those themes (MDi1.4).
III.b. Monitoring of metadata compliance with metadata rules
(1) The following indicators shall be used to assess the conformity of metadata for spatial data and services corresponding to spatial data themes with the metadata rules:
(a) a general indicator (MDi2) assessing the conformity of metadata for spatial data and spatial data services corresponding to spatial data themes with metadata rules;
(b) specific indicators:
1. MDi2.1 which assesses the conformity of metadata for spatial data corresponding to the topics listed in Part I of Annex 1 to this Decree with the metadata rules,
2. MDi2.2 which assesses the conformity of metadata for spatial data corresponding to the topics listed in Part II of Annex 1 to this Decree with the metadata rules,
3. MDi2.3 which assesses the conformity of metadata for spatial data corresponding to the topics listed in Part III of Annex 1 to this Decree with the metadata rules,
4. MDi2.4 which assesses the conformity of metadata for spatial data services corresponding to spatial data themes with metadata rules.
(2) The mandatory body or other provider for all spatial data and for each spatial data-based service included in the list shall determine whether the corresponding metadata are in conformity with the metadata rules and shall assign the following values to the spatial data or spatial data-based service:
(a) value 1 if the corresponding metadata are in conformity with the metadata rules;
(b) the value 0 if the corresponding metadata are not in conformity with the metadata rules.
(3) The general indicator MDi2 is calculated by dividing the number of spatial data and services corresponding to spatial data themes for which metadata are in conformity with the metadata rules, the total number of spatial data and spatial data services corresponding to those themes.
(4) Specific indicators shall be calculated as follows:
(a) the number of spatial data corresponding to the themes listed in Part I of Annex 1 to this Regulation for which metadata are in conformity with the metadata rules, divided by the total number of spatial data corresponding to those themes (MDi2.1);
(b) the number of spatial data corresponding to the themes listed in Part II of Annex 1 to this Regulation for which metadata are in conformity with the metadata rules, divided by the total number of spatial data corresponding to those themes (MDi2.2),
(c) the number of spatial data corresponding to the themes listed in Part III of Annex 1 to this Regulation for which metadata are in conformity with the metadata rules, divided by the total number of spatial data corresponding to those themes (MDi2.3),
(d) the number of spatial data services corresponding to all spatial data themes for which metadata are in conformity with the metadata rules, divided by the total number of spatial data services (MDi2.4).
IV. Interoperability
IV.a. Monitoring of geographical coverage of spatial data
(1) The following indicators shall be used to assess geographical coverage of spatial data by corresponding spatial data themes:
(a) a general indicator (DSi1) assessing the extent of the area covered by spatial data;
(b) specific indicators:
1. DSi1.1 which assesses the scope of the territory covered by spatial data corresponding to the subjects listed in Part I of Annex 1 to this Decree,
2. DSi1.2 which assesses the scope of the territory covered by spatial data corresponding to the themes listed in Part II of Annex 1 to this Decree,
3. DSi1.3 which assesses the scope of the territory covered by spatial data corresponding to the themes listed in Part III of Annex 1 to this Decree.
(2) For spatial data included in the list, the mandatory body or other provider shall determine:
(a) the area to be covered by the spatial data concerned (the area concerned), expressed in km2;
(b) the area covered by the spatial data ("actual area"), expressed in km2.
(3) The general indicator DSi1 is calculated by dividing the sum of the actual areas covered by all spatial data by the corresponding spatial data themes by the sum of the relevant areas for all spatial data by the corresponding spatial data themes.
(4) Specific indicators shall be calculated as follows:
(a) the sum of the actual areas covered by spatial data corresponding to the themes listed in Part I of Annex 1 to this Regulation divided by the sum of the relevant spatial data areas corresponding to those themes (DSi1.1);
(b) the sum of the actual areas covered by spatial data corresponding to the themes listed in Part II of Annex 1 to this Regulation divided by the sum of the relevant spatial data areas corresponding to those themes (DSi1.2);
(c) the sum of the actual areas covered by spatial data corresponding to the themes listed in Part III of Annex 1 to this Regulation divided by the sum of the relevant spatial data areas corresponding to those themes (DSi1.3).
IV.b.Monitoring of conformity of spatial data with interoperability rules
(1) The following indicators are used to assess the conformity of spatial data corresponding to spatial data themes with the rules on interoperability and to assess the conformity of their corresponding metadata with the rules on metadata:
(a) a general indicator (DSi2) assessing the conformity of spatial data corresponding to spatial data themes with the interoperability rules and the conformity of the corresponding metadata with the metadata rules;
(b) specific indicators:
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Regulation Information
| Citation | Decree No. 103 / 2010 Coll., on the implementation of certain provisions of the Law on the right to information on the environment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2010 |
|---|---|
| Effective from | 30.04.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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