Act No. 6 / 2005 Coll.
Act amending Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll.
Valid
Effective from 06.01.2005
6
THE LAW
of 16 December 2004
amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended by Act No. 132 / 2000 Coll.
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., is amended as follows:
1. In Section 1, the heading reads: "Subject matter of adaptation '.
2. in Paragraph 1 (1), including footnote 1):
"(1) This law regulates, in accordance with the law of the European Communities (1), the safeguarding of the right of access to environmental information and to timely and complete environmental information (1a) to create conditions for the exercise of that right and to promote the active disclosure of environmental information by mandatory bodies. Specifies
(a) the conditions for exercising the right to timely and complete environmental information held by or available to mandatory bodies under this law;
(b) public access to environmental information held by or available to mandatory bodies under this law;
(c) the basic conditions and deadlines for disclosure of information and the grounds for which obliged entities under this law may refuse disclosure of information;
(d) active disclosure of environmental information and support for the use of remote access devices;
(e) education, education and education in the field of environmental protection.
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. '
footnote (1) shall be renumbered footnote (1a), including the reference to that footnote.
3. in Article 2 (a), the words "the state of the environment and natural resources" shall be replaced by the words "the environment," the words "in writing, visual or audio form, on computer media or in other technically feasible forms" shall be replaced by the words "any technically feasible form," and the word "which" shall be replaced by the word "which."
4. in Article 2 (a) (2) and (3):
'2. the activities and measures planned or carried out and the agreements concluded which have or could have an impact on the state of the environment and its components;
3. the state of the environmental components, including genetically modified organisms, and the interaction between them, on substances, energy, noise, radiation, waste including radioactive waste and other emissions to the environment that affect or may affect its constituents and the consequences of such emissions; ';
5. In Article 2 (a), the words "and public health and environmental impact assessment 'shall be added at the end of the text of point 5.
6. in Article 2 (a) (7), the words "and other measures and procedures" shall be inserted after the words "taken" and the words "in whole or in part."
7. in Article 2 (a), the following points 8 to 10 are inserted after point 7:
"the 8th state of public health, safety and conditions of life of humans, if they are or may be affected by the state of environmental, emissions or activities, measures and agreements referred to in point 2;
9. the state of cultural and architectural monuments, if or may be affected by the state of environmental components, emissions or activities, measures and agreements referred to in point 2;
10. reports on the implementation and implementation of environmental legislation, '.
Points 8 to 10 shall be renumbered 11 to 13.
8. in Article 2 (b), including footnotes 3 and 4:
"(b) compulsory bodies
1. administrative offices and other organisational bodies of the State and authorities of local and local authorities, 3)
2. legal or natural persons who, under specific legislation, exercise, in the field of public administration, the powers directly or indirectly relating to the environment, 4)
3. legal persons established, established, controlled or entrusted by the bodies referred to in points 1 and 2, as well as natural persons authorised by them, who, by virtue of legislation or agreement with them, provide services which affect the state of the environment and its individual components (hereinafter referred to as "the delegate");
3) For example, Act No. 2 / 1969 Coll., on the establishment of ministries and other central authorities of the Czech Government, as amended, Act No. 282 / 1991 Coll., on the Czech Environmental Inspection and Its Responsibility in the Protection of the Forest, as amended, Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, Act No. 128 / 2000 Coll., on the Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on the Regions (Regional Establishment), as amended.
4) For example Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended. "
9. In the first sentence of Article 2 (c), the words', i.e. transmission by written, oral, telephone, electronic or other technically feasible means' shall be replaced by 'any technically feasible form' and the remainder of the text after '(hereinafter referred to as "the applicant') 'shall be replaced by' direct consultation of documents or other sets of information, making extracts, copies or copies by the applicant at the registered office or other premises of the obliged entities and informing the means and methods for obtaining the information; 'and the last sentence shall be deleted;
10. in Article 2, the following point (d) is added:
"(d) by actively making information available to them, without requiring an application, to an unlimited range of entities."
11. in § 3 (1) and (3), in § 5 (1) and (2) and in § 9 (3), the word "institution" shall be replaced by "compulsory body," in § 4 in the title and in the sentence of the first sentence the word "institution" shall be replaced by "compulsory body," in § 8 (2) (a) the word "body" shall be replaced by "compulsory body," in § 10 (1) the word "institutions" shall be replaced by "compulsory bodies."
12. in the third sentence of Article 3 (1), the word "telegraph" shall be replaced by "electronically" and the sentence "fourth and fifth shall be deleted;
13. In Paragraph 4, the words ", its obligation to disclose 'are replaced by the words" and at the same time it is not obliged to have such information under specific legislation', and the sentence of the second sentence is replaced by the words "If it is known to the obliged entity which has the required information, it shall forward the application within the time limits laid down in the first sentence and inform the applicant accordingly. '
14. In Article 6, at the end of paragraph 2, the sentence "If the compulsory body makes the information available even partially in a form other than that required, it must justify that procedure."
15. in Article 8 (1) (a), including footnote 5,
"(a) on the protection of classified information, 5)
5) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. '
16. in Paragraph 8 (2), in the introductory part of the provision, the words "Information shall also not be made available," shall be replaced by "Disclosure of information may also be denied."
17. in Article 8 (2) (b):
"(b) making this information available could adversely affect the protection of the environment in the places where the information relates."
18. in Paragraph 8 (3), the dot is replaced by a comma at the end of (c) and the following point (d) is added:
"(d) relates to internal instructions of the compulsory body which relate solely to its internal operation.";
19. in Article 8 (5), the words "offence or offence" shall be replaced by the words "offence, offence or other administrative offence."
20. in Paragraph 8 (6), the words "classified information" shall be replaced by the words "those facts which give rise to a refusal to disclose information pursuant to paragraphs 1 and 2."
21. in Paragraph 8, paragraphs 8 and 9 are added:
"(8) Where disclosure of information is refused in the cases referred to in paragraph 3 (a), the compulsory body shall inform the applicant of the estimated time needed to process or evaluate the required data and, if it does not carry out this activity itself, the identification details of the person to carry out the activity.
(9) Where an application for information on emissions emitted or emitted into the environment is made, the grounds for refusal to make available the information referred to in points (b) and (d) of paragraph 1 and in points (a) and (b) of paragraph 2 may not be used. ';
22. in Paragraph 9 (1):
"(1) If the obliged entity does not comply, even if only partially, with requests for disclosure, it shall, within the time limit for disclosure, issue a decision to refuse disclosure. Where the compulsory body is a person who is not entitled to take decisions under specific legislation, the decision to refuse disclosure shall be taken by the compulsory body which has set up, established, managed or delegated the delegate and, where appropriate, has concluded an agreement pursuant to Article 2 (b) (3). ';
23. in Paragraph 9 (4), the words "classified information" are replaced by the words "those facts which give rise to a refusal to disclose information pursuant to paragraphs 1 and 2 of Article 8";
24. in Paragraph 10 (3):
"(3) Compulsory entities shall be entitled, in the context of the disclosure of information, to claim a remuneration of a level which may not exceed the costs of the acquisition of copies, the measures of technical data media and the sending of information to the applicant. ';
25. In Article 10, the following paragraph 4 is added:
"(4) Obligatory bodies shall process the publicly available remuneration schedule referred to in paragraph 3, indicating the conditions under which the remuneration is to be levied and, where appropriate, where recovery may be waived. ';
26. after Paragraph 10, the following paragraphs 10a and 10b are inserted:
Active disclosure of information
(1) Compulsory bodies shall process information relating to their competence and shall create the necessary technical and additional conditions for the active disclosure of information.
(2) Obligatory bodies shall, to the extent provided for by this law, maintain and update electronic databases containing information relating to their competence. This obligation shall not apply to the delegate where the information referred to in paragraph 1 is kept in the electronic database by the obliged entity which has established, established, managed or delegated the delegate, or where appropriate has concluded an agreement pursuant to Article 2 (b) (3).
(3) The electronic databases referred to in paragraph 2 must be accessible through remote access facilities.
(4) Compulsory bodies shall actively make information available in a way that allows remote access and through their own editing and publishing activities.
(5) Compulsory bodies shall in particular actively make available:
(a) concepts, policies, strategies, plans and programmes relating to the environment and reports on their implementation if they are processed;
(b) environmental status reports if they are processed;
(c) summaries of monitoring data on activities which have or might have an impact on the state of the environment and its components;
(d) an administrative decision where its issue is subject to an opinion on the impact of the implementation of the project on the environment under specific legislation, 10a)
(e) documents obtained during environmental impact assessments under special legislation, 10b)
(f) environmental risk assessment where they are processed;
(g) the service agreement referred to in Article 2 (b) (3).
(6) The Ministry of the Environment further actively makes available:
(a) a list of the information to be made available to the compulsory bodies, indicating which compulsory body the information can be obtained from;
(b) international agreements and agreements, European Communities' legislation, laws and other environmental legislation and reports on their implementation and implementation, where they are processed.
(7) Where the information referred to in this provision is already demonstrably accessible through remote access facilities, obliged entities may refer to such published information.
Disclosure of emergency information
In the event of an emergency, the public at risk shall be warned in accordance with specific legislation. 10c)
10a) Article 10 of Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the amendment of certain related laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll.
10b) § 16 of Act No. 100 / 2001 Coll., as amended by Act No. 93 / 2004 Coll.
10c) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended by Act No. 320 / 2002 Coll. '
27. In Paragraph 12, the sentence "This report shall contain, in particular, information on the quality of the environment and the environmental burden. 'is added at the end of paragraph 1.
28.
Environmental education, education and education
(1) Central administrative offices
(a) establish conditions for the implementation and development of environmental education, education and education within the limits of their competence; and
(b) ensure adequate education and information for their employees in the field of the environment.
(2) The Ministry of the Environment, the Ministry of Education, Youth and Sports, together with other central administrations, counties and municipalities under their responsibility, are obliged to support environmental education, education and education based on the principles of sustainable development provided by state and non-state organisations.
(3) Ministry of the Environment
(a) process the State Programme of Environmental Education, Education and Innovation in the Czech Republic ("the State Programme") and submit it to the Government for approval;
(b) guarantee, coordinate and update the State Programme by means of action plans for the years concerned; and
(c) promote the development of awareness-raising leading to preventive environmental protection (environmental advice).
(4) Ministry of Education, Youth and Sports
(a) be responsible for the inclusion of environmental education in basic teaching documents in the sense of sustainable development; and
(b) promote the continuing training of teaching staff in the field of environmental protection and sustainable development.
(5) Counties under separate scope
(a) process, coordinate and update regional concepts of environmental education, education and education (hereinafter referred to as the regional concept) based on the State Programme; and
(b) promote the development of environmental advice.
(6) The regions allow municipalities to participate in the implementation of regional concepts and to create their own programmes in this area.
(7) Public authorities, with the exception of the organisational units of the State, may establish specific funds to support environmental education, education and education. "
29. Paragraph 14 (2), including footnote 14, reads:
"(2) The decision to refuse disclosure of information shall be reviewed in accordance with specific legislation after the proper remedies have been exhausted. 14)
14) Act No. 150 / 2002 Coll., Administrative Rules, as amended. '
Transitional provision
The electronic databases referred to in Section 10a (2) need not contain information obtained before the date of application of this Act, unless this information is available in electronic form.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 6 / 2005 Coll., amending Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.2005 |
|---|---|
| Effective from | 06.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0