Government Regulation No. 173 / 2006 Coll.
Government regulation on principles for determining remuneration and licensing fees for providing information under the Freedom of Information Act
Valid
Effective from 03.05.2006
173
GOVERNMENT REGULATION
of 29 March 2006
on the principles governing the setting of remuneration and licensing fees for the provision of information under the Freedom of Information Act
The Government mandates pursuant to Paragraph 21 (2) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 61 / 2006 Coll., (hereinafter "the Act '):
Subject matter
This Regulation implements the relevant European Communities1) and regulates the principles whereby compulsory bodies determine the level of remuneration and licensing fees for the provision of information under the law.
Method for determining the amount of remuneration
(1) The amount of the remuneration shall be determined as the sum of the sub-amounts derived from the direct costs of:
(a) the acquisition of copies (Section 4);
(b) technical data media measures (Section 5);
(c) sending information to the applicant (Section 6); and
(d) an extremely extensive search for information (§ 7).
(2) The compulsory body shall determine the level of remuneration on the basis of unit rates where possible. In other cases, the compulsory body shall determine the amount of remuneration in another demonstrable way, in particular on the basis of individual cost calculations.
Cost claim box
(1) The compulsory body in the tariff for the reimbursement of the costs of providing information (hereinafter referred to as the "tariff list") always sets the rates on which it determines the amount of remuneration.
(2) Tariff rates are determined on the basis of current costs and an estimate of their development in the accounting year concerned in accordance with the applicable accounting principles. The planting agent shall issue the compulsory body for the accounting year. However, if, during the accounting year, there is a substantial change in the conditions under which the costs under which the tariffs have been fixed have been determined, the new tariff schedule shall be issued by the compulsory body.
(3) The compulsory body may determine in the tariff:
(a) the amount up to which the applicant will not be required to recover the costs incurred following one application;
(b) other cases in which the applicant will not be required to pay the costs incurred following a single request.
Cost of producing copies
(1) The compulsory body shall determine in the tariff the rates for the acquisition of 1 copy depending on the type of copy and copy technology used.
(2) In the case of information contained in publications and printed matter issued by a compulsory body, the amount of the remuneration shall be set at the price of the respective copy, provided that the information is provided in the form of the sale of such copy.
Costs of technical data media measures
The compulsory body shall set in the schedule the rates per piece of each type of technical data medium corresponding to the purchase costs of that medium for the compulsory body.
Cost of sending information to the applicant
(1) The compulsory body shall determine in the schedule the rates of reimbursement of the costs of sending the information to the applicant, which include:
(a) packaging,
(b) postal costs.
(2) The costs of packing shall be fixed by the compulsory body at a flat rate.
(3) The cost of postal services is the price paid by the compulsory body to the postal operator.
Cost of extremely extensive search for information
The compulsory body shall determine in the schedule hourly rates derived from salary and, where applicable, wages and other personal costs associated with the exceptionally large search for information.
Licensing fee for authorisation to use information
(1) Where a licence fee for the authorisation to use the information is agreed in a licensing agreement concluded under Paragraph 14a (1) of the Act and if its amount is not determined by a special law, the amount of the licence fee shall be determined in the same way as the amount of the remuneration provided for under this Regulation which would otherwise be required if the information were not subject to copyright protection.
(2) If a licence fee for the right to use information is agreed in a sublicensing agreement under Paragraph 14a (1) of the Act and if its amount is not determined by a separate law or licensing agreement between the compulsory body and the person who has granted the compulsory body the right to use the subject-matter of the copyright, the level of the licence fee shall be determined as well as the amount of the remuneration provided for under this Regulation which would otherwise have been required if the information had not been subject to copyright protection.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Paroubek v. r.
Minister of Information:
Ing. Bérová v. r.
1) Directive 2003 / 98 / EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information.
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Regulation Information
| Citation | Government Regulation No. 173 / 2006 Coll., on the Principles for the Determination of Compensation and Licensing Remuneration for the Provision of Information under the Freedom of Information Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.2006 |
|---|---|
| Effective from | 03.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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