Act No. 83 / 2015 Coll.
Act amending Act No. 123 / 1998 Coll., on the right to information on the environment, as amended
Valid
Law
Effective from 01.09.2015
Text versions:
01.09.2015
17.04.2015
83
THE LAW
of 18 March 2015
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 information on the environment, as amended by Act No. 132 / 2000 Coll., Act No. 6 / 2005 Coll., Act No. 413 / 2005 Coll. and Act No. 380 / 2009 Coll., is amended as follows:
1. in Articles 1 (1), 10a (6) (b), 11c (7) and 11e (b) and (c), the words "European Communities" shall be replaced by the words "European Union."
2. in § 2 (f) to (i):
"(f) metadata of information describing spatial data or services based on spatial data and enabling them to be searched, sorted and used;
(g) infrastructure for spatial data and spatial data services, network services and technology, metadata, technical requirements, agreement on the sharing of access to and use of spatial data and services, mechanisms, processes and procedures for coordination, established, operated or made available in accordance with this Act, and monitoring, use of spatial data and spatial data services;
(h) interoperability of the possibility of a combination of spatial data and of communication between spatial data services without repeated manual interference in order to achieve a coherent outcome and to increase the added value of spatial data and spatial data services;
(i) by making data available to access spatial data and metadata to an unlimited range of entities through:
1. the provision of spatial data and metadata to the geoportal (§ 11a) from its own Internet interface using spatial data-based services in accordance with technical requirements; or
2. transmission of spatial data and metadata in accordance with technical requirements for geoportal (§ 11a), '.
3. in Article 2, the following points (j) and (k) are added:
"(j) the technical requirements of the requirements which contain minimum performance requirements for spatial data services and ensure the coherence of spatial data, established directly by the applicable provisions of the European Union16), governing rules for the creation and updating of metadata, monitoring and reporting, spatial data services, interoperability and harmonisation of spatial data and services, and access to spatial data and services;
(k) services based on spatial data, possible forms of processing of spatial data or related metadata through a computer application.
16) For example, Commission Regulation (EC) No 1205 / 2008 of 3 December 2008 implementing Directive 2007 / 2 / EC of the European Parliament and of the Council concerning metadata, Commission Regulation (EC) No 976 / 2009 of 19 October 2009 implementing Directive 2007 / 2 / EC of the European Parliament and of the Council as regards network services, Commission Regulation (EU) No 268 / 2010 of 29 March 2010 implementing Directive 2007 / 2 / EC of the European Parliament and of the Council as regards the provision of access to spatial data sets and services of Member States' spatial data sets and services under harmonised conditions, Commission Regulation (EU) No 1089 / 2010 of 23 November 2010 implementing Directive 2007 / 2 / EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services. "
4. Paragraph 11a (1) reads as follows:
"(1) The Ministry of the Environment manages a geoportal, which is a public administration information system and is accessible through a public administration portal. By means of a geoportal, obliged entities shall make available data corresponding to at least one of the topics referred to in the implementing legislation which are made up, adopted, managed or updated by the obliged entities and which fall within the scope of public administration tasks. The Ministry of the Environment shall make available on the Geoportal all information on data, codes and technical classifications necessary to ensure compliance with technical requirements. ';
5. in Article 11a (4), the introductory part of the provision reads:
"(4) Spatial data services include network services, which are services."
6. in Article 11a (4) (e):
"(e) triggers which enable spatial data-based services referred to in points (a) to (d) to be launched.";
7. in Article 11a (7), at the end of the text of point (b), the words "and the amount of the remuneration referred to in Article 11c (3) and (4), if required, shall be added."
8. In the first sentence of Paragraph 11b (2), the words "assembly or dissemination 'shall be inserted after the words" production'.
9. in Article 11b (3), the words "rights related to copyright or special rights of the procuring entity of the database" shall be inserted after the words "in accordance with copyright."
10.Paragraph 11c (1) reads as follows:
"(1) Data made available via a geoportal shall be made publicly available in a way that allows remote access. The mandatory body or other spatial data provider shall make available the conditions for the provision of data as part of the metadata made available by it. Spatial data shall be made available by obliged entities or other providers on the basis of a non-exclusive licensing contract or a sublicensing contract governing in particular the exploitation or extraction of databases consisting of spatial data (hereinafter referred to as the" licence contract ') 12b. If the compulsory body or other spatial data provider does not transfer the draft licence contract as part of the metadata, the spatial data shall be made available on the basis of a model licence agreement published by the Ministry of Environment on the geoportal. On the basis of a licence contract, the compulsory body or other spatial data provider may also make spatial data-based services available.';
11. in Article 11c (2), the comma at the end of point (g) shall be replaced by a dot and point (h) shall be deleted;
12. in Article 11c (3), the second sentence is replaced by the following: "For the making available of spatial data by obliged entities and other spatial data providers corresponding to the topics listed in the implementing legislation and services based on spatial data, a remuneration may be required which does not exceed the minimum amount necessary to ensure the necessary quality and accessibility of spatial data and services."
13. in Article 11c (4), the words "In the case of continuously updated large volume data, spatial data-based viewing services may also be charged;" shall be replaced by the words "In the case of continuously updated large volume data, payment may be required in accordance with paragraph 3, even for spatial data-based viewing services, provided that such payment serves to ensure the maintenance and maintenance of spatial data and the maintenance of relevant spatial data-based services;"
14. in Paragraph 11c (6):
"(6) For the purposes of carrying out their tasks which may affect the environment, spatial data and spatial data services provided by public authorities, which correspond to the topics listed in the implementing legislation and which are made available on the geoportal, public authorities, and public authorities shall have full access. Public authorities, state contribution organisations and state bodies shall exchange and use such data and services for the performance of their tasks which may affect the environment. ';
15. in Article 11c (8), the words "the European Communities" shall be replaced by the words "the European Union";
16. in Article 11d (2), the third sentence is replaced by the sentence "Access to the public may be restricted only where strictly necessary, if the interest in limiting access to the public interest in making spatial data available outweighs."
17. In Article 12, the following paragraph 4 is added:
"(4) Following the report on the state of the environment of the Czech Republic, the Ministry of the Environment processes reports on the state of the environment of individual regions once a year. These reports must be published in electronic form within three months of the approval of the report on the state of the environment of the Czech Republic."
This Act shall take effect on 1 September 2015.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 83 / 2015 Coll., amending Act No. 123 / 1998 Coll., on the right to environmental information, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2015 |
|---|---|
| Effective from | 01.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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