REGULATION OF THE GOVERNMENT
of 29 April 2004. March 2006
on the principles of establishing payments and licensing fees for the provision of information
According to the Act on free access to information
The Government ordered pursuant to § 21. 2 of Act No. 106/1999 Coll., on free
access to information, in the wording of Act No 61/2006 Coll. (hereinafter referred to as
The subject of the edit
This regulation incorporates the relevant European Community regulation ^ 1)
and regulates the principles, according to which the mandatory operators fixed the amount of remunerations and
the license fees for the provision of information in accordance with the law.
The method of determining the amount of the remuneration
(1) the amount of the remuneration shall be determined as the sum of the incremental amounts derived from
the direct costs of
and the acquisition of copies) (section 4),
(b) measures of technical data media) (section 5),
(c) to send information to the applicant) (section 6) and
(d)) the extraordinary large find information (section 7).
(2) the statutory body of the remuneration on the basis of the unit rates,
If it is possible. In other cases the statutory body of
payment of any other demonstrable way, in particular on the basis of the individual
calculation of the costs.
Schedule of payments costs
(1) a statutory body in tariff payments of costs for the provision of information
(hereinafter referred to as "scale") rates, always provides the basis on which specifies the
the amount of the remuneration.
(2) tariff Rates are established on the basis of actual costs and
the estimate of their development in the appropriate accounting period in accordance with the applicable
accounting principles. Tariff issues a compulsory subject for the accounting period.
However, if during the accounting period to the material change in the conditions for
which costs have been determined, under which rates are established, it shall issue
the statutory body of the new tariff.
(3) a statutory body may establish in the tariff
and) amount up to which amount will not cover the costs incurred by the applicant to the
the basis of one application request
(b)) other cases in which the applicant will, after the payment of the costs incurred by
on the basis of one of the application require.
The acquisition cost of copies
(1) a statutory body in the tariff rates for the acquisition of 1 copy
Depending on the type of copy and the technology used in copying.
(2) in the case of the information contained in the publications and printed materials
issued a mandatory body is the level of remuneration shall be the price for the
the copy, if the information provided in the form of sales of this
The cost of the measures of technical data media
The statutory body in tariff rates for 1 piece of each type
technical data carriers, which correspond to the acquisition cost of that
carriers for a mandatory body.
The cost of sending the information to the applicant
(1) a statutory body in the tariff rates of reimbursement of the cost of sending the
information to the applicant, which shall include
(b)) the cost of postal services.
(2) the cost of packing, lays down the statutory body of the flat rate.
(3) the cost of postal services make up the price of a mandatory body
section 7 of the
The cost of an extremely extensive search for information
The statutory body in the tariff hourly rate derived from the cost
the salaries or wages, and other personnel costs associated with the
an extremely extensive search for information.
The license fee for permission to use information
(1) if the license agreement concluded under section 14a paragraph. 1 of the law
negotiated the license fee for permission to use the information, and if its
the above intended a special legal regulation, the above license rewards
as well as the level of remuneration provided for by this regulation, which would otherwise
was required, if information was not the subject of copyright protection
(2) if the contract under section 14a of the podlicenční paragraph. 1 the Act agreed
the license fee for permission to use the information, and if its amount is determined
special legal regulation or a license agreement between the mandatory
the body and the principal entity permission to enjoy the subject matter of the rights of
the copyright has granted the license, the amount of remuneration as well as the amount of the remuneration
provided for under this regulation, which would otherwise have been required if the
should the information not subject to copyright protection.
The effectiveness of the
This Regulation shall enter into force on the date of its publication.
The President of the Government:
Ing. Paroubek in r.
The Minister of Informatics:
Ing. Bérová in r.
1) directive of the European Parliament and of the Council 2003/98/EC of 17 May 1999.
November 2003 on the re-use of public sector information.