173/2006 Sb.



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 "law"):



§ 1



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.



§ 2



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.



§ 3



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.



§ 4



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 printout.



§ 5



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.



§ 6



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



and) handling,



(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

postal operators.



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.



§ 8



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

rights.



(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.



§ 9



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.