Act No. 380 / 2009 Coll.
Act amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended, and Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws relating to its implementation, as amended
Valid
Law
Effective from 14.11.2009
Text versions:
14.11.2009
30.10.2009
380
THE LAW
of 8 October 2009
amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended, and Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws relating to its implementation, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the law on the right to information on the environment
Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll., Act No. 6 / 2005 Coll. and Act No. 413 / 2005 Coll., is amended as follows:
1. In Paragraph 1 (1) of the Introductory Part of the provision, the words "adapted in accordance with the law of the European Communities (1) 'are replaced by the words" incorporating the relevant provisions of the European Community1) and amended. "
Footnote 1:
"(1) Directive 2003 / 4 / EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90 / 313 / EEC. Directive 2007 / 2 / EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for spatial information in the European Community (INSPIRE). '
2. in Article 1 (1), the following point (e) is inserted after point (d):
"(e) rules on the establishment of infrastructure for spatial data for the purposes of environmental policies and policies or activities which may affect the environment and the accessibility of spatial data through network services on the INSPIRE National Geoportal (hereinafter referred to as the" Geoportal "),"
Point (e) shall be renumbered as point (f).
3. In Article 2, at the end of point (d), the dot is replaced by a semicolon and the following points (e) to (i) are added:
"(e) spatial data, including their identifiable groups, in electronic form, which refer directly or indirectly to a specific location or geographical area in the territory of the Czech Republic and, in the case of an agreement with another Member State of the European Union and within its territory;
(f) infrastructure for spatial data and spatial data services, metadata, technical requirements, agreements on sharing access to and use of spatial data and services, coordination and monitoring processes and procedures, use of spatial data and spatial data services;
(g) interoperability of the possibility of a combination of spatial data and of mutual communication between spatial data services without repeated manual interference in order to achieve a coherent result and to increase the added value of spatial data and spatial data services;
(h) making data available through the access of spatial data and metadata to an unlimited range of entities through:
1. the provision of spatial data and metadata to a geoportal from its own Internet interface using spatial data-based services; or
2. the transmission of spatial data and metadata to the geoportal;
(i) the technical requirements of the technical requirements adopted pursuant to the Regulation of the European Communities (1) on the making available of data with rules for the creation and updating of metadata, monitoring and reporting, spatial data services, interoperability and harmonisation of spatial data and services, legitimate access to spatial data, which contain minimum performance requirements for spatial data services and ensure the coherence of spatial data. ';
4. The following Sections 11a to 11e are inserted after Section 11, including footnotes 12a and 12b:
Geoportal
(1) The Ministry of the Environment manages a geoportal, which is a public administration information system and is accessible through a public administration portal. Compulsory entities shall make available through a geoportal data corresponding to at least one of the topics referred to in the implementing legislation, which are made up, received, managed or updated by the mandatory bodies.
(2) The Ministry of the Environment via the Geoportal provides in particular:
(a) making data available;
(b) spatial data services;
(c) electronic commerce services;
(d) sharing of spatial data in public administration;
(e) information on the use of infrastructure for spatial data.
(3) The Ministry of the Environment will also make available on the geoportal spatial data other than those on which the topics are set out in the implementing legislation if the compulsory body so requests and the technical requirements are met. The Ministry of the Environment shall also make available on the geoportal the data of a person who is not a mandatory entity (hereinafter referred to as "another spatial data provider") if another spatial data provider so requests or otherwise provides for other legislation and if the technical requirements are met.
(4) Spatial data services are services
(a) search for spatial data and services based on the content of the corresponding metadata and enable the display of metadata content;
b) viewing that allows at least to display, browse, zoom, delay, shift or overlay visible spatial data and display explanatory notes and any other significant metadata content;
(c) downloading data enabling the download of complete spatial data or parts thereof and, where practicable, direct access to them;
(d) transformations which allow spatial data to be transformed in order to achieve interoperability;
(e) enable spatial data services to be launched which enable the services referred to in points (a) to (d) to be launched.
(5) Transformation services shall be combined with other spatial data services and ensure interoperability.
(6) Search services shall allow search for spatial data and spatial data-based services according to at least the following search criteria or combinations thereof:
(a) keywords;
(b) the classification of spatial data and services;
(c) the quality and validity of spatial data;
(d) the degree of compliance with the technical requirements;
(e) geographical location,
(f) conditions for access to and use of spatial data and services,
(g) the compulsory body and other spatial data provider which establish, manage, update and distribute spatial data and services.
(7) Metadata include information on:
(a) compliance of spatial data with technical requirements;
(b) conditions for access and use of spatial data and services;
(c) the quality and validity of spatial data;
(d) obliged entities and other spatial data providers which establish, manage, update and distribute spatial data and services;
(e) restrictions on access and the reasons for such restrictions.
Data disclosure rules
(1) The compulsory body shall make the data available in accordance with the technical requirements without applying. Similarly, the data is made available by another spatial data provider. Paragraphs 3 to 7 and 9 shall not apply to the disclosure of data from the geoportal.
(2) The municipalities only make the data available when the creation of such data is imposed by specific legislation. In the case of territorial subdivisions of the statutory cities and capital cities of Prague, the first sentence shall apply mutatis mutandis to urban districts or urban areas. Territorial subdivided statutory cities and the capital of Prague shall make available data corresponding to at least one of the topics listed in the implementing legislation without restriction.
(3) The obligation to make data available shall be limited to the purchaser of spatial data, not to the holder of copies thereof. Spatial data acquirer means a mandatory entity that creates or has created spatial data itself for the purposes of the exercise of public administration. Where a procuring entity receives spatial data from another entity, it shall make the spatial data available in accordance with copyright.
(4) The mandatory body and other provider of spatial data on spatial data acquired by them and services based on spatial data create and update the metadata they transmit to the geoportal. The mandatory body and other spatial data provider shall ensure that the spatial data made available by them to the geoportal are consistent with the metadata generated by them. The implementing legislation shall specify the time limits within which the mandatory body and other spatial data provider must establish metadata for their spatial data and services.
(5) Compulsory bodies shall keep a record of the public use of their generated, managed, received or updated spatial data and make it available to the Ministry of the Environment. The method of keeping records and making available shall be laid down in implementing legislation. The register shall be transmitted to the Ministry of the Environment through the Geoportal service by the end of February for the previous calendar year. The obligation to retain non-up-to-date spatial data shall be those compulsory bodies which do not retain spatial data under special legislation12a; metadata on non-current spatial data shall be made available by obliged entities to the geoportal. The method of storing non-current spatial data and making metadata available on non-current spatial data shall be laid down in the implementing legislation.
Access to spatial data
(1) Data made available via the geoportal are publicly accessible by remote access. The mandatory body and other spatial data provider shall make the data available on the basis of a non-exclusive licence or sub-licence contract (hereinafter referred to as the "licence contract ') pursuant to the special legislation 12b), the proposal of which is part of the metadata made available by it. Where a compulsory body or other provider does not transmit a licence contract as part of a metadata, spatial data and spatial data-based services shall be made available on the basis of a model licence agreement published by the Ministry of Environment on the geoportal.
(2) The licence contract shall include in particular:
(a) the designation of the compulsory body or other spatial data provider, in the case of a natural person, by the name, surname and residence and, in the case of legal persons, by the name of the legal person, by the legal form, registered office, identification number and tax identification number;
(b) the name of the transferee, the name, surname, date of birth and residence of the transferee and the legal name, legal form, registered office, identification number and tax number;
(c) information on the intended use of spatial data and services;
(d) the subject matter of the contract, meaning the exact name of the spatial data or services;
(e) in the case of download services, the duration of the contract;
(f) the conditions of use of spatial data and services laid down in the implementing legislation;
(g) the price of the spatial data and services made available, the payment and billing conditions;
(h) in the case of free access to spatial data or services, an indication of the information on free disclosure, including the legislation on which they are made available free of charge, and the values of data and services expressed in accordance with the applicable rules.
(3) Spatial data and services may be made available for payment, unless otherwise specified. The spatial data of mandatory bodies and other spatial data providers corresponding to the topics in the implementing legislation and spatial data services may be charged an amount not exceeding the minimum amount necessary to ensure the necessary quality and access to spatial data and spatial data services.
(4) Search and view services based on spatial data, including data, are made available free of charge. Data made available by spatial data-based viewing services may be in a form that prevents reuse for commercial purposes. In the case of continuously updated large volume data, spatial data-based viewing services may also be charged; in that case, the second sentence of paragraph 3 shall apply mutatis mutandis. The range of continuously updated large volume data shall be determined by implementing legislation.
(5) Any person may use the electronic commerce service on the geoportal to pay the payments for the spatial data and services made available. e-commerce services in the geoportal can also be used to cover costs related to the acquisition of copies, the measures of technical data media and the dispatch of the applicant.
(6) The public authorities, the state contribution organisations and the bodies of the State set up or set up by ministries for the performance of tasks affecting the environment have full access to the spatial data of compulsory bodies which correspond to the topics listed in the implementing legislation and are made available on the geoportal.
(7) Paragraph 6 shall apply mutatis mutandis to access to the spatial data of compulsory bodies by institutions, bodies, agencies of the European Communities, public authorities of other Member States of the European Union, provided that such data serve to fulfil their reporting obligations under European Community environmental rules.
(8) Access by the bodies set up by international agreements to the spatial data of obliged entities by the European Communities and the Member States to the spatial data of obliged entities is possible on the basis of reciprocity and equality, provided that such spatial data serves to carry out their tasks which could affect the environment.
Restrictions and refusal of access to spatial data
(1) Access to spatial data shall be refused if the protection of third parties' rights to the subject matter of copyright, copyright or special rights of the procuring entity of the database would be infringed.
(2) Public access to spatial data through search services may be restricted if it is in the interests of public security, state defence or protection of international relations. Access to spatial data made available through viewing services, download services, transformation services and services enabling spatial data services to be launched may be restricted to public authorities for the reasons set out in the first sentence and to public access for the reasons set out in Sections 8 (1) and 8 (2) (a) to (c). Public access may be restricted only if the public interest in limiting access outweighs the public interest in making spatial data accessible. For the reasons set out in Sections 8 (1) (a), (b) and (d) and 8 (2) (a) and (b), access to information on emissions to the environment cannot be restricted.
(3) Access restrictions shall be implemented by a mandatory body or other spatial data provider in the case of spatial data located on Internet interfaces made available through a geoportal. In the case of spatial data placed on the geoportal, the Ministry shall implement the access restriction. The limitation of access and its justification will be published by the Ministry of Environment in both cases on the geoportal. The mandatory body and other spatial data provider shall inform the Ministry of the need for access restrictions implemented by the Ministry and for access restrictions made by them, including disclosure of the reasons to lead or lead to access restrictions.
Ministry of Environment
Ministry of Environment
(a) is a contact point with the European Commission;
(b) sends reports in accordance with the relevant rules of the European Communities (1);
(c) make available spatial data accessible through the Geoportal to the European Geoportal INSPIRE operated by the European Commission at European Community level;
(d) make the register referred to in Article 11b (5) available to the public and the European Commission through a geoportal;
(e) coordinate the infrastructure in cooperation with central administrative authorities, legal persons associated with persons active in the field of spatial data and legal persons associated with territorial authorities.
12a) Act No. 499 / 2004 Coll., on archiving and file service and on amending certain laws, as amended.
12b) § 88 to 94 of the Copyright Act. '
5. After Paragraph 15, the following Section 15a is inserted:
Entitlement to adopt implementing legislation
The Ministry of the Environment provides by decree
(a) spatial data themes;
(b) conditions for use of spatial data and services;
(c) specific ways of using spatial data and services;
(d) range of continuously updated large volume data;
(e) the time limits within which the compulsory body and other spatial data provider must establish metadata on spatial data and services they have acquired;
(f) the method of keeping records of the public use and making spatial data available;
(g) the way in which non-current spatial data are stored and metadata made available to them. ';
Transitional provision
The compulsory body shall ensure that any newly acquired and extensively restructured spatial data and corresponding spatial data-based services ensure interoperability within 2 years of the adoption of the technical requirements by which the European Commission sets out technical measures for interoperability by the European Commission. In the case of other spatial data and services that continue to be used, the mandatory body and another spatial data provider shall ensure interoperability within 7 years of the adoption of the technical requirements laid down by the European Commission for technical interoperability measures by the European Commission. For newly acquired and extensively restructured spatial data and corresponding spatial data-based services, such spatial data and services as the compulsory body or other spatial data provider has created or restructured following the adoption of technical requirements setting out technical measures for interoperability by the European Commission.
Entitlement to declare a full text of the law in the Collection of Laws
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 123 / 1998 Coll., on the right to information on the environment, as is apparent from later laws.
Amendment to the Geometry Act
Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Act No. 120 / 2000 Coll., Act No. 186 / 2001 Coll., Act No. 319 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll. and Act No. 223 / 2009 Coll., is amended as follows:
1. In Article 2, at the end of point (l), the dot is replaced by a comma and the following point (m) is added:
"(m) a technical map of the municipality of a map work of a large scale carried out on computer equipment with a detailed drawing of natural and technical objects and equipment expressing their true state."
2. footnote 3 shall read:
"(3) For example, building law."
3. In Paragraph 4 (1), the dot at the end of point (k) is replaced by a comma and the following point (l) is added:
"(l) the establishment and management of technical maps of citizens (3)."
4. In Article 4, the following paragraph 3 is inserted after paragraph 2, including footnote 4a:
"(3) The geographical and cadastral authorities which create and maintain spatial data from the territory of the Czech Republic provide the following basic spatial data for the infrastructure for spatial information in the European Community4a:
(a) basic state maps for public use;
(b) geodetic data on geodetic base equipment;
(c) the database;
(d) an orthographic display of the territory of the whole Republic;
(e) the database file of the geographical nomenclature.
4a) § 11a of Act No. 123 / 1998 Coll., on the right to information on the environment, as amended by Act No. 380 / 2009 Coll. '
Paragraph 3 shall become paragraph 4.
The existing footnotes Nos 4a to 4f are referred to as footnotes 4b to 4g, including the footnotes references.
5. In Paragraph 20, the dot is replaced by a comma at the end of paragraph 1 and the following point (i) is added:
"(i) the basic content of the technical map of the municipality.";
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 380 / 2009 Coll., amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended, and Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws related to its implementation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2009 |
|---|---|
| Effective from | 14.11.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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