Decree No 345 / 2004 Coll.
Decree amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, as amended by Decree No. 460 / 2003 Coll.
Valid
Order
Effective from 03.06.2004
Text versions:
03.06.2004
345
DECLARATION
of 20 May 2004
amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, as amended by Decree No. 460 / 2003 Coll.
The Czech Office of Geoměřický and cadastrní provides pursuant to § 30 paragraph 1 (f) and (h) of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.:
Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, as amended by Decree No. 460 / 2003 Coll., is amended as follows:
1. In Paragraph 8, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where a copy of a map sheet on a plastic sheet is provided free of charge to the local authorities in accordance with Section 22 (5) of the cadastral law, they shall be provided no more than once every 12 months only if they contain changes to the last copy or raster data provided under Section 11 (6). Copies of the map sheet shall be provided from the territorial scope of the relevant territorial authority. ';
2. The following Section 10a is inserted after Section 10:
Free remote access to cadastral data
(1) Where a special law provides for the provision of data from the register to a legal person or public authority for a given purpose free of charge, the provisions of Paragraph 10 shall apply unless otherwise specified.
(2) The request to establish free remote access to the data of the register contains:
(a) the name of the legal person or authority, its identification number and its registered office;
(b) the designation of the person responsible for receiving and using data from the register by remote access;
(c) an indication of the law according to which the right to the free provision of data from the register is claimed;
(d) an indication of the purpose for which entitlement to free-of-charge remote access is provided for by law;
(e) a statement by the applicant that it takes note that the data from the register must not be used for purposes other than legal purposes, 15a) that it must not distribute the data provided from the catastrophe 15b) other than under the contract provided for in Article 10 (8) and that it is obliged to dispose of the data provided from the register in accordance with the legislation on the protection of personal data;
(f) the date and signature of the applicant.
(3) The Office shall set up one customer account for the applicant for one connection. The sub-accounts for the further connection of the applicant and its staff will be established by the applicant directly through remote access. The Office shall communicate to the applicant the data necessary for the use of remote access to the data of the cadastral. The applicant shall be entitled to obtain data on real estate situated within the territory of the applicant's territorial scope and, where justified, outside the territory of the applicant.
(4) The Authority shall keep an overview of the data provided for each applicant separately.
(5) When obtaining the data from the register, the applicant shall always choose one of the purposes within the scope of the applicant's competence for which a particular data from the register is required. Where an indication from the register is required for administrative proceedings, it shall also indicate the reference number of the administrative file. ';
3. In Article 11, the following paragraph 7 is added:
"(7) Where the data referred to in Article 22 (5) of the cadastral law are provided electronically to the local authorities on technical data media, they shall, as a rule, be provided once every 3 months from the territory of the local authority concerned. Raster data of the cadastral map shall be provided once a year only if they contain changes to the last copy provided in accordance with Section 8 or the last data provided to the cadastral map. '
4. Paragraph 15 (2) reads as follows:
"(2) The remuneration for the data provided provided by this Decree, with the exception of the data provided pursuant to Paragraph 10, shall not be paid in cases where the special law provides for the obligation of the cadastral authorities to transmit the data to other authorities. 18) The requirement to provide data free of charge must be stated in the request for disclosure and justified by reference to the relevant special law."
5. in Article 15, the following paragraph 3 is added:
"(3) Repayment for data provided under Paragraph 10 shall not be reimbursed where provided for in the cadastral law 18a) or the special law. 18b)
18a) § 22 paragraph 5 of Act No. 344 / 1992 Coll., as amended by Act No. 53 / 2004 Coll.
18b) Paragraph 39 (5) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 315 / 2001 Coll. § 27 of Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, as amended by Act No. 120 / 2004 Coll. '
6. In Article 15, the following paragraph 4 is added:
"(4) Where the self-governing unit uses the personal data provided free of charge from the register for the exercise of its powers for another purpose, the data provider of the Office for the Protection of Personal Data shall report it. ';
7. In Annex 1, entry 110 is deleted.
8. In Annex 1, the word "others' shall be deleted from the specification of entry 111.
9. In Annex 4, footnote (e), the following sentence is inserted after the second sentence: "In the first immediately following calendar year, the payment shall be 20% of the basic remuneration only if the data were first transmitted in the first quarter of the preceding calendar year. Otherwise, in that year, the remuneration shall be 15% of the basic remuneration if the data were first transmitted in the second quarter, 10% if the data were first transmitted in the third quarter, and 5% if the data were first transmitted in the fourth quarter of the preceding calendar year. ';
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
Ing. Dinner v. r.
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Regulation Information
| Citation | Decree No. 345 / 2004 Coll., amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, as amended by Decree No. 460 / 2003 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.2004 |
|---|---|
| Effective from | 03.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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