Act No. 262 / 2024 Coll.
Act on public hydrometeorological service and amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, (Act on public hydrometeorological service)
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
12.09.2024
Contents
262
THE LAW
of 21 August 2024
on the public hydrometeorological service and amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, (Act on public hydrometeorological service)
Parliament has decided on this law of the Czech Republic:
PUBLIC HYDROMETEROLOGICAL SERVICES
Subject matter
This law governs
(a) the performance of a public hydrometeorological service;
(b) the establishment and operation of the Czech Hydrometeorological Institute (hereinafter referred to as the Institute);
(c) cooperation in emergency preparedness under the Integrated Rescue System Act (1) or crisis situations under Crisis Act (2) ("emergency or emergency situation") and in their resolution and for State defence purposes;
(d) the establishment and management of the National database on hydrometeorological data and products (hereinafter referred to as "databases"); and
(e) the manner and conditions for the provision of hydrometeorological data, validated hydrometeorological data, hydrometeorological products and services and standardised hydrometeorological products and services.
Basic concepts
For the purposes of this Act:
(a) a public hydrometeorological service of activity under this Act and other legislation3) for the performance of public administration, including state defence, in the field of meteorology, climatology, hydrology and air quality;
(b) hydrometeorological data on atmospheric status and hydrosphere parameters which are the immediate result of the operation of public hydrometeorological service monitoring networks;
(c) validated hydrometeorological data after the implementation of the quality control and control process;
(d) hydrometeorological products hydrometeorological data and validated hydrometeorological data which have been processed manually or by computer-controlled processes;
(e) hydrometeorological services of activities provided on the basis of hydrometeorological data, validated hydrometeorological data and hydrometeorological products;
(f) standardised hydrometeorological products hydrometeorological products which are provided in the performance of a public hydrometeorological service;
(g) standardised hydrometeorological services of hydrometeorological services provided in the performance of public hydrometeorological services;
(h) by hydrometeorological warning, information on the current or anticipated occurrence of a hazardous hydrometeorological phenomenon that threatens or threatens the environment or the lives and health of the population or causes or may cause damage to property or the environment, issued for the purpose of the performance of public administration; and
(i) a set of measuring and observation stations and equipment, other measurement and monitoring systems and necessary infrastructure by monitoring networks of public hydrometeorological services.
Public hydrometeorological service
(1) The public hydrometeorological services are the Institute and the Ministry of Defence. Through public hydrometeorological services, the State ensures the acquisition and quality of hydrometeorological data for the provision of a public hydrometeorological service.
(2) The performance of a public hydrometeorological service includes:
(a) setting up and ensuring the operation and maintenance of public hydrometeorological service monitoring networks;
(b) the acquisition, collection, processing and provision of hydrometeorological data and validated hydrometeorological data;
(c) the creation and provision of standardised hydrometeorological products and the provision of standardised hydrometeorological services;
(d) cooperation in the preparation and resolution of emergencies or emergency situations and in the defence of the State pursuant to § 7 (1) to (3);
(e) making available and storing hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products through the Database, ensuring functionality and operation, maintenance and innovation of the Database and related technologies, systems and instrumentation; and
(f) declaring or withdrawing hydrometeorological warnings.
(3) The Ministry of the Environment (hereinafter the Ministry) will publish in the Ministry of the Environment Bulletin a list of hydrometeorological data, verified hydrometeorological data, standardised hydrometeorological products and services and monitoring networks of public hydrometeorological services, with the exception of networks operated by the Ministry of Defence.
Institute
(1) The Institute is established as a state contribution organisation subordinate to the Ministry. The Ministry shall perform the functions of the Institute's founder.
(2) The seat of the Institute is Prague.
(3) The Institute is headed by the Director of the Institute, appointed and withdrawn by the Minister for the Environment. The Director of the Institute shall be the statutory body of the Institute.
(4) The Director of the Institute shall issue an organisational order laying down the structure and internal arrangements and functioning of the Institute, including the establishment of branches and workplaces.
Activities of the Constitution
(1) As part of the main activity, the Institute ensures:
(a) the performance of a public hydrometeorological service on the territory of the Czech Republic, with the exception of the performance of a hydrometeorological service under the responsibility of the Ministry of Defence;
(b) carrying out professional activities arising from other legislation4) or professional activities provided for by the Ministerial Decree;
(c) the fulfilment of obligations arising from the membership of the Czech Republic in international organisations or institutions or from international treaties by which the Czech Republic is bound if it is entrusted with the representation of the Czech Republic or transferred to the Institute of Representation;
(d) the performance of scientific, research and educational activities in the field of public hydrometeorological services and related professional activities, including the dissemination of results from such activities; and
(e) cooperation in the development and development of technical standards and standards.
(2) The Institute may operate under other budgetary rules.
Hydrometeorological warnings
(1) The Institute has exclusive authorisation to declare or recall hydrometeorological warnings. Hydrometeorological warnings declared by the Institute and their appeal shall be published by the Institute in a way that allows remote access on its website or in a manner specified by other legislation5).
(2) The Ministry shall establish a list of hydrometeorological warnings, including details of their announcement and recall, by decree.
Cooperation of the Institute in emergency or crisis situations and for State defence purposes
(1) The Institute cooperates with the components of the Integrated Rescue System under the Integrated Rescue System Act (1), central administrative authorities, regional authorities, municipalities and other crisis management bodies under the Crisis Act (2), in preparation for and addressing an emergency or emergency situation. Within the framework of this cooperation, the Institute shall promptly and without charge provide those authorities with hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products and services, to the extent necessary to ensure the operation of those authorities and to fulfil their statutory obligations.
(2) The Institute shall promptly transmit hydrometeorological warnings to the operational and information centre of the integrated rescue system.
(3) The Institute provides hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products and services necessary for State defence purposes to the Ministry of Defence free of charge.
(4) The Institute shall, in addition to the data, products and services referred to in paragraph 3, provide hydrometeorological data, validated hydrometeorological data and hydrometeorological products and services to the Ministry of Defence and the Army of the Czech Republic under a contract.
Ministry of Defence
(1) The Ministry of Defence ensures, with the exception of air quality services, the performance of a public hydrometeorological service for State defence purposes and carries out activities similar to those of the Institute under § 5 (1) (b) to (e).
(2) The Ministry of Defence provides hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products and services to the Institute without charge; in order to ensure State defence, the Ministry of Defence may not provide such data, products and services. The hydrometeorological data provided, validated hydrometeorological data and standardised hydrometeorological products shall be considered as hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products acquired or generated by the Institute making them available through the Database.
Database and information
(1) A database is hereby established, which is a public administration information system (6) managed by the Ministry. The database operator is the Institute.
(2) The database contains hydrometeorological data, validated hydrometeorological data and standardised hydrometeorological products; their technical parameters and other determinants and operational parameters of the operation of the Database shall be determined by the Ministry by means of a decree, unless they are established by a directly applicable European Union regulation amending the list of specific high-value datasets and the arrangements for their publication and re-using7).
(3) The content of the Database is publicly available in a way that allows remote access as open data under the Environmental Information Right Act 8) or under the Freedom of Information Act 9).
(4) The Institute does not make available through the Database or otherwise under the Law on the right to information on the environment or provide hydrometeorological data, validated hydrometeorological data, hydrometeorological products or standardised hydrometeorological products under the Law on Free Access to Information
(a) arising outside the performance of a public hydrometeorological service; or
(b) in the event of a state of threat or a state of war being declared, or in the event of a declaration of national or allied interim emergency activation measures under the North Atlantic Treaty Organisation.
Transfers
(1) A natural person commits an offence where he or she publishes or otherwise makes known information which is capable of giving rise to a misleading impression that it is a hydrometeorological warning or an appeal of the hydrometeorological warning, which is intended to give rise to such a misleading impression.
(2) A legal or operating natural person shall commit an offence if he or she publishes or otherwise makes known information which is capable of giving a misleading impression that it is a hydrometeorological warning or an appeal of the hydrometeorological warning.
(3) For offences referred to in paragraph 1 or 2, a fine of up to CZK 100,000 may be imposed.
(4) The transfers referred to in paragraphs 1 and 2 shall be discussed by the Czech Environmental Inspection Office.
Transitional provisions
(1) The Czech Hydrometeorological Institute established under existing legislation is considered to be the Institute established under this Act on the date of entry into force of this Act.
(2) The date of the entry into force of this Act will be transferred to the Institute of Law and Obligations of the Czech Hydrometeorological Institute established under the existing legislation.
(3) With respect to matters, rights and other assets of the State with which it was responsible on the date preceding the date of entry into force of this Act, the Czech Hydrometeorological Institute established under the existing legislation is responsible for the management of the Institute from the date of entry into force of this Act.
(4) The Director of the Czech Hydrometeorological Institute established under current legislation is considered to be the Director of the Institute under this Act on the date of entry into force of this Act.
(5) The organizational order of the Czech hydrometeorological institute in force at the date of entry into force of this Act shall be deemed to be an organisational order under this Act. The Director of the Institute shall issue a new organisational order within 3 months of the date of entry into force of this Act.
Amendment of the budgetary rules
In the first sentence of Section 55 (5) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended by Act No. 128 / 2016 Coll., the words "and on 'are replaced by the words" on' and the words "on 'are added at the end of the text of the sentence, and to the contribution organisations set up for the performance of the public hydrometeorological service'.
REPEAL PROVISIONS
Government Decree No. 96 / 1953 Coll., on Hydrometeorological Institute, is hereby repealed.
EFFECTIVE
This Act shall take effect on 1 January 2025.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
1) Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended.
2) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended.
3) For example, Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, Act No. 201 / 2012 Coll., on Air Protection, as amended.
4) For example, Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended, Act No. 263 / 2016 Coll., Atomic Act, as amended.
5) For example Act No. 201 / 2012 Coll., on Air Protection, as amended, Act No. 254 / 2001 Coll., as amended.
6) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.
7) Commission Implementing Regulation (EU) 2023 / 138 of 21 December 2022 establishing a list of specific high-value data sets and measures for their publication and re-use.
8) Paragraph 2 (o) of Act No. 123 / 1998 Coll., on the right to information on the environment, as amended.
9) Article 3a (5) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended.
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Regulation Information
| Citation | Act No. 262 / 2024 Coll., on public hydrometeorological service and amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, (Act on public hydrometeorological service) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.09.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 637
Public Contracts 5
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Notifications
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