Act No. 224 / 2023 Coll.
Act amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended
Valid
Law
Effective from 29.07.2023
Text versions:
29.07.2023
14.07.2023
224
THE LAW
of 21 June 2023
amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll., Act No. 6 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 380 / 2009 Coll., Act No. 83 / 2015 Coll., Act No. 241 / 2022 Coll. and Act No. 429 / 2022 Coll., is amended as follows:
1. in Paragraph 1 (1) (e), the words "(INSPIRE)" are inserted after the words "the environment."
2. At the end of § 2, the dot is replaced by a semicolon and the following point (p) is added:
"(p) a national data set set of spatial data within the scope of the territory of the Czech Republic corresponding to the spatial data theme set out in the Annex to this Act and the technical requirements, created by mandatory entities and made available on the geoportal."
3. in Paragraph 8 (2) (c):
"(c) the applicant requests information relating to criminal, criminal or disciplinary proceedings in progress if it would jeopardise or undermine the purpose of the proceedings, in particular ensuring the right to a fair trial;"
4. in Article 8 (2), the following point (d) is inserted after point (c):
"(d) disclosure of information could jeopardise the equality of participants in judicial, arbitral, administrative or similar proceedings;"
Point (d) shall be renumbered as point (e).
footnote 10 is deleted.
5. in the second sentence of Article 11a (1), in the first sentence of Article 11a (3), in the last sentence of Article 11b (2) and in the second sentence of Article 11c (3), the words "implementing legislation" are replaced by the words "Annex to this law."
6. in Paragraph 11a (2) (e), "use" is replaced by "condition."
7. in Article 11a (7) (b), "3 and 4" is replaced by "2 and 3."
8. Paragraph 11b (5) reads:
"(5) The mandatory body shall make metadata available on the geoportal each year for the calculation of the infrastructure status indicators for spatial data. Infrastructure status indicators for spatial data shall be laid down in implementing legislation. ';
footnote 12a is deleted.
9. Paragraph 11c (2) is deleted.
Paragraphs 3 to 8 shall be renumbered paragraphs 2 to 7.
10. in Paragraph 11c (3), third sentence, "3" is replaced by "2."
11. in the first sentence of Paragraph 11c (5), the words "implementing legislation" shall be replaced by the words "Annex to this law."
12. in Article 11c (6), "6" is replaced by "5."
13.
Ministry of Environment
Ministry of Environment
(a) is the point of contact with the European Commission in the field of spatial data infrastructure;
(b) sends reports to the European Commission in accordance with the relevant provisions of the European Union1),
(c) make metadata available for the calculation of infrastructure status indicators for spatial data on the European geoportal INSPIRE;
(d) make available the results of the monitoring of the state of the infrastructure for spatial data on the geoportal no later than 31 March each year;
(e) publish an updated summary report on the state of infrastructure for spatial data by 31 March each year; only those items that have undergone changes since the previous publication are updated,
(f) evaluate the quality of metadata for the calculation of infrastructure status indicators for spatial data by 15 December each year; and
(g) coordinate infrastructure for spatial data. ';
14. The following Sections 11f and 11g are inserted after Section 11e, including the headings:
Coordination of infrastructure for spatial data
(1) The spatial data infrastructure is coordinated by the coordination committee for spatial data infrastructure, which is the advisory body of the Ministry of the Environment.
(2) The Coordination Committee for the Infrastructure for Spatial Data is composed of coordinators of spatial data themes and, where appropriate, of other central administrative offices, legal persons associated with spatial data and legal persons associated with local authorities.
(3) Coordinator of the spatial data theme
(a) make available to the geoportal the national data sets for the spatial data theme it coordinates;
(b) coordinate compulsory bodies contributing their spatial data to the content of national data sets;
(c) be obliged to make metadata available for the calculation of infrastructure status indicators for spatial data on the European geoportal INSPIRE;
(d) cooperate with the Ministry of the Environment to evaluate the quality of metadata for the calculation of the infrastructure status indicators for spatial data and on the summary report on the infrastructure status for spatial data; and
(e) fulfil the obligations arising from technical requirements through a geoportal or its own information system.
(4) The compulsory body shall cooperate with the spatial data theme coordinator in order to create and make available the national data set in accordance with technical requirements.
(5) The spatial data themes and their coordinators are listed in the Annex to this Act.
INSPIRE Public and Public Administration Information System
(1) INSPIRE is an information system for public and public administration services
(a) the registration and publication of the INSPIRE national data set; and
(b) the registration of data on the public and public administration services of INSPIRE in accordance with European Union rules for the purposes of making available on the geoportal.
(2) The INSPIRE public and public service information system is accessible in a way that allows for free remote access.
(3) The administrator of the INSPIRE Public and Public Administration Information System is the Digital and Information Agency. '
15. In the first sentence of Paragraph 12 (4), the words "reports on the state of the environment of individual regions" are replaced by the words "Summary report on the environment in the regions of the Czech Republic" and in the second sentence, "These reports must be published" is replaced by "This report must be published."
16. Article 15a, including the title, reads:
Authorisation provisions
The Ministry of the Environment provides by decree
(a) the range of continuously updated large volume data;
(b) the time limits within which the compulsory body and other spatial data provider must develop metadata for spatial data and services they have acquired; and
(c) infrastructure status indicators for spatial data. ';
17. The following Annex is added, including footnotes 17 to 19:
"Attachment to Act No. 123 / 1998 Coll.
DETAILS THEREOF
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.
The Czech Office of Geographic and Catastral in cooperation with the Ministry of Defence is the coordinator of this topic.
2. Geographic coordinate network systems
A harmonised multi-level grid, standardised position and size of grid cells and a common beginning.
The Czech Office of Geographic and Catastral in cooperation with the Ministry of Defence is the coordinator of this topic.
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.
The Czech office of surveying and cadastral is the coordinator of this topic.
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.
The Czech office of surveying and cadastral in cooperation with the Ministry of Interior is the coordinator of this topic.
5. Addresses
Location of the property by address, identified in the manner laid down by the Basic Registr17).
The Czech office of surveying and cadastral is the coordinator of this topic.
6. Parcel
Territory defined in the property register.
The Czech office of surveying and cadastral is the coordinator of this topic.
7. Transport networks
Road, rail, air and water transport networks and related infrastructure. They include links between transport networks. They also include the trans-European transport network 18).
The Ministry of Transport is the coordinator of this topic, in cooperation with the Czech Regional and Catastral Office.
8.
Water elements, including marine areas and all other related water bodies and elements, water catchment areas and sub-basins.
The Czech office of surveying and cadastral in cooperation with the Ministry of Agriculture and the Ministry of the Environment is the coordinator of this topic.
9. Protected Territories
Territory designated or managed in the framework of international treaties, European Union or Czech legislation to achieve the specific objectives of their protection.
The coordinator of this topic is the Ministry of the Environment in cooperation with the Ministry of Culture.
1. Altitude
Digital height model of land, surface of glaciers and oceans. Includes altitudes of land, water depth and coastal line.
The Czech office of surveying and cadastral is the coordinator of this topic.
2. Landscape coverage
Physical and biological coverage of the earth's surface, including artificial surfaces, agricultural areas, forests, natural and partly natural areas, wetlands and aquatic bodies.
The coordinator of this topic is the Ministry of the Environment.
3. Orthophotographic Display
Geographic image data taken by satellite or aerial sensors.
The Czech Office of Geographic and Catastral in cooperation with the Ministry of Defence is the coordinator of this topic.
4. Geology
Geology characterized by composition and structure. Includes rock ground, water and geomorphology.
The coordinator of this topic is the Ministry of the Environment.
1. Statistical Units
Units for the dissemination or use of statistical information.
The Czech Statistical Office is the coordinator of this topic.
2. Buildings
Geographical location of buildings.
The Czech office of surveying and cadastral is the coordinator of this topic.
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.
The coordinator of this topic is the Ministry of Agriculture in cooperation with the Ministry of the Environment.
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).
The coordinator of this topic is the Ministry of Local Development, in cooperation with the Czech Office of Regional and Regional Authorities, and municipalities.
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.
The coordinator of this topic is the Ministry of Health.
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.
The coordinator of this topic is the Digital and Information Agency in cooperation with the Ministry of Interior, Ministry of Health, Ministry of Labour and Social Affairs, Ministry of Education, Youth and Sports, Ministry of Defence, Ministry of Environment, Ministry of Local Development, Ministry of Agriculture, Regional Authorities and owners of technical infrastructure.
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.
The coordinator of this topic is the Ministry of the Environment in cooperation with the State Office for Nuclear Security.
8. Production and Industrial Equipment
Industrial production sites, including facilities covered by the Integrated Prevention Act (19), and water collection, mining, storage and storage facilities.
The coordinator of this topic is the Ministry of the Environment in cooperation with the Energy Regulatory Authority.
9. Agricultural and Aquaculture Equipment
Agricultural production facilities and facilities, including irrigation systems, greenhouses and stables.
The coordinator of this topic is the Ministry of Agriculture.
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.
The Czech Statistical Office is the coordinator of this topic.
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. It includes landfills, zones of sanitary protection of water resources, air quality measurement areas, vulnerable nitrate areas, regulated waterways at sea or large inland waterways, waste storage areas, noise-restricted zones, permitted exploration and extraction areas, river basin areas, relevant reporting units and coastal management zones.
The coordinator of this topic is the Ministry of the Environment in cooperation with the Ministry of Health and the Czech Mining Office.
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.
The coordinator of this topic is the Ministry of the Environment.
13. Air
Physical state of the air. Includes spatial data based on measurements, models or combinations thereof as well as measurement points.
The coordinator of this topic is the Ministry of the Environment.
14. Meteorological Events
Weather conditions and their measurement; precipitation, temperature, fumes from soil and plant cover, wind speed and direction.
The coordinator of this topic is the Ministry of the Environment.
15. Oceanographic phenomena
The physical state of the oceans (e.g. currents, salinity, wave height). The spatial data for this topic is not provided in the Czech Republic.
16. Marine areas
The physical state of the seas and saltwater bodies divided into regions and subregions with common characteristics. The spatial data for this topic is not provided in the Czech Republic.
17. Biologions
Areas with relatively homogeneous ecological conditions and common characteristics.
The coordinator of this topic is the Ministry of the Environment.
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.
The coordinator of this topic is the Ministry of the Environment.
19. Distribution of species
Geographical distribution of the occurrence of animal and plant species grouped by grid, region, administrative unit or other analytical unit.
The coordinator of this topic is the Ministry of the Environment.
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.
The coordinator of this topic is the Ministry of the Environment.
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.
The coordinator of this topic is the Ministry of the Environment.
17) Act No. 111 / 2009 Coll., on Basic Registers, as amended.
18) Regulation (EU) No 1315 / 2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661 / 2010 / EU, as amended.
19) Act No. 76 / 2002 Coll., on integrated pollution prevention and control, on integrated pollution register and on amending certain laws (Integrated Prevention Act), as amended. '
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 224 / 2023 Coll., amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.2023 |
|---|---|
| Effective from | 29.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 227
The regulation text is for informational purposes only.
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