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Change From. On The Right To Information About Alive. Environment And On Surveying

Original Language Title: změna z. o právu na informace o živ. prostředí a z. o zeměměřictví

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380/2009 Sb.



LAW



of 8 March. October 2009,



amending the Act No. 123/1998 Coll., on the right to information on the

the environment, as amended by later regulations, and Act No. 200/1994 Coll., on

surveying and amending and supplementing certain laws related to its

the introduction, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the right to information on the environment



Article. (I)



Act No. 123/1998 Coll., on the right to information on the environment, in

amended by Act No. 132/2000 Coll., Act No. 6/2005 Coll. and Act No. 413/2005

Coll., is amended as follows:



1. In article 1 (1). 1 introductory part of the provision, the words "in accordance with the

the law of the European Communities ' ^ 1 ') "shall be replaced by the words" incorporates

the relevant regulations of the European Communities ^ 1) and edits ".



Footnote 1:



"1) European Parliament and Council Directive 2003/4/EC of 28 June 1999. January

2003 on public access to environmental information and

repeal of Council Directive 90/313/EEC. Directive of the European Parliament and of the Council

2007/2/EC of 14 July 1999. March 2007 establishing an infrastructure for

spatial information in the European Community (INSPIRE). ".



2. In article 1 (1). 1, the following point (d)) the following point (e)), which read as follows:



"e) rules for the establishment of the infrastructure for spatial data for the purposes of

environmental policies and policies or activities which may have a

impact on the environment and accessing spatial data

through a National Network of services on the INSPIRE GeoPortal (

"GeoPortal"), ".



Letter e) is renumbered as paragraph (f)).



3. In paragraph 2, at the end of subparagraph (d)) is replaced by a semicolon and the following dot

the letters e) to (i)), which read as follows:



"e) spatial data, including data identifiable groups, in

electronic form that directly or indirectly refer to a specific

location or geographical area within the territory of the Czech Republic and in the case of

the agreement with another Member State of the European Union and within its territory;



f) infrastructure for spatial data and spatial data services

based on the spatial data, metadata, technical requirements, the agreement

about sharing access to spatial data and services based on the

spatial data and their use, processes and procedures of coordination and

monitoring, use of spatial data and services based on

spatial data;



g) option to combine spatial data interoperability and mutual

communication between services based on spatial data without

repetitive manual intervention so that the result is coherent and

in order to increase the added value of the data sets and services based

on spatial data;



(h) provision of data making spatial) data and metadata

Unlimited circuit operators through



1. the provision of spatial data and metadata on the GeoPortal of the custom

the Internet interface with the use of space-based services

data, or



2. the transmission of spatial data and metadata on the GeoPortal;



I) technical requirements technical requirements adopted pursuant to

Regulation of the European Communities ^ 1) to make available the data with the rules

to create and update metadata, monitoring and reporting,

services based on the spatial data, interoperability and the harmonisation of

spatial data and spatial data-based services,

authorized access to spatial data, which contain a minimum

performance requirements on the service based on the spatial data and

ensure the coherence of the spatial data. ".



4. in article 11, the following new section 11a to 11e, including notes below

line no. 12a and 12b be added:



"§ 11a



GeoPortal



(1) the Ministry of environment manages the GeoPortal, which is

information system of public administration and is accessible through the

Portal of the public administration. Compulsory subjects through GeoPortal

expose the data that matches at least one of the themes listed in

the implementing legislation, which required operators form accepted

manage or update.



(2) the Ministry of the environment via the GeoPortal

ensures, in particular,



and making available the data)



(b)) services based on spatial data



(c)) services of electronic commerce,



d) spatial data sharing in public administration,



(e) information on the use of infrastructure) for spatial data.



(3) the Ministry of the environment to make available other GeoPortal

spatial data than those whose topics are listed in the implementing

the law, if a statutory body so requests and if they are

the technical requirements are met. The Ministry of the environment on

GeoPortal will make available the data of a person who is not a compulsory subject (

"the other provider of spatial data"), provided that another provider

spatial data requests or other legislation so provides, and if the

the technical requirements are met.



(4) services based on the spatial data services



and) search that allow you to search for data sets and services

based on the spatial data based on the content of the corresponding

metadata and allow you to view the metadata content,



(b)) the viewing, which allow you to at least display, navigate, zoom,

Zoom out, Pan, or overlap viewable spatial data and

see explanatory notes and any relevant content of metadata,



c) downloading data that allow you to download the full spatial data or

their parts and, where practicable, accessed directly,



(d)) of the transformation, enabling spatial data was

transformed in order to achieve interoperability,



e) capable of running services based on spatial data that

allow you to start the services referred to in points (a) to (d)).)



(5) the transformation services must be combinable with other services

based on the spatial data and ensure interoperability.



(6) the lookup services allow you to search for data sets and services

based on the spatial data based on at least the following search

criteria or a combination thereof:



a) keywords



(b)) the classification of spatial data and services based on the spatial

data,



(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 spatial data and services based on the

the spatial data and the conditions for their use,



g) mandatory body and other spatial data provider who creates,

manage, update and distribute spatial data and services based

on the spatial data.



(7) the Metadata includes information about the



and consistent spatial data) with the technical requirements,



b) conditions for access to spatial data and services based on the

spatial data and their use,



(c)) and the validity of spatial data quality,



(d) statutory bodies and other) providers of spatial data,

who create, manage, update and distribute spatial data and

services based on spatial data



e) access restrictions and the reasons for such restrictions.



section 11b



The rules of disclosure of data



(1) a statutory body makes data available in accordance with the technical requirements

without submission of the application. Similarly, other provider exposes data

spatial data For making available data from GeoPortal shall not apply

the provisions of sections 3 to 7 and section 9.



(2) community make available data, only when creating these data stores

a special law. In the case of broken down territorial statutory cities and

the city of Prague, the first sentence shall apply mutatis mutandis to the boroughs

or urban district. Territorially divided statutory cities and the capital of the

Prague make the data corresponding to at least one of the subjects listed

in implementing the law without restriction.



(3) the obligation to make available the data has only the maker of the spatial data, the

not the holder of copies thereof. The preparer of the spatial data means

the statutory body that makes spatial data or leaves

create another entity for the purposes of the exercise of public administration. If

the maker of the spatial data receiving spatial data from another

the body makes spatial data in accordance with the copyright laws.



(4) a statutory body and other spatial data provider to jimi

represent a spatial data and spatial data services

create and update metadata, which transmit to the GeoPortal. Mandatory

body and other spatial data provider are required to ensure that the

spatial data is made available by them to the GeoPortal correspond to metadata

they created. The implementing legislation provides for the time limits within which they must

the statutory body and other spatial data provider to create metadata

to them represent a spatial data and spatial services

the data.



(5) mandatory entities shall maintain a register of public use of them

created, managed, adopted or updated

spatial data and expose it to the Ministry of the environment.

The method of record keeping and disclosure down detailed legal

prescription. The evidence is passed on to the Ministry of the environment


through service on the GeoPortal always till end of February for the previous

calendar year. Obligation to keep the the spatial data are out of date

mandatory entities do not retain the spatial data according to a special

^ law 12a); metadata for spatial data not current

the compulsory subjects are made available to the GeoPortal. Method of preservation

outdated data sets and making available metadata to date

spatial data sets out detailed legislation.



§ 11 c



Access to spatial data



(1) the Data made available through publicly accessible are GeoPortal

remote access. The statutory body and different spatial provider

the data made available data based on a non-exclusive license or sub-license

Treaty (hereinafter referred to as "license agreement") pursuant to a special legal

prescription ^ 12b), whose proposal is part of the metadata exposed by it.

If the statutory body or other provider does not pass as part of the

metadata design license agreement, make the spatial data and

services based on the spatial data based on sample license

the contract, which the Ministry of the environment shall publish on the

GeoPortal.



(2) the licensing agreement contains, in particular,



the statutory body) or other provider of spatial

the data in the case of a natural person, the name, surname and place of residence, and in

case of legal persons, the name of a legal person, an indication of the legal form,

registered office and identification number, tax identification number,



(b) the designation of the licensee for) the natural persons and the names, surnames, date of

birth and residence and for legal entities stating the name, legal form,

Headquarters, identification number and tax number,



c) information about the expected the way the use of spatial data and

services based on spatial data



(d) the subject of the contract), which is the exact name of the spatial data or

services based on spatial data



e) in the case of services, data download, duration of the contract,



f) conditions of use of spatial data and services based on the spatial

the data, which lays down implementing legislation,



(g)) the award for made available spatial data and services based on the

the spatial data, the invoice and payment conditions



h) in the case of the free accessibility of spatial data or services

based on the spatial data putting the information on free

disclosure, including legislation, on the basis of which are free of charge

made available, and the data values and services expressed by current regulations.



(3) spatial data and spatial data-based services can be

made available in return for payment, unless otherwise provided. The spatial

the date of the statutory bodies and other providers of spatial data

the corresponding topics in the implementing legislation and services based on the

spatial data may be charged an amount that does not exceed

the minimum amount required to ensure the necessary quality and disclosure

spatial data and spatial data-based services.



(4) the search and browsing service based on spatial data

including the data are made available free of charge. The data made available

viewing spatial data-based services can be in the

the form to prevent the reuse for commercial purposes. In the case of

continuously updated data to large volume can be charged browsing

services based on the spatial data; in such a case, paragraph 3

the second sentence shall apply mutatis mutandis. Continuously updated data of a large range

volume down detailed legislation.



(5) each may for the payment of the reimbursement for the enabled spatial data and

spatial data services based on the use of electronic

trade to the GeoPortal. E-commerce services on the GeoPortal can be

used for costs associated with the acquisition of copies,

technical data media and sending to the applicant.



(6) the authorities of the public administration, state-subsidised organisations and organisational

units of the State set up by the ministries for the performance-based or tasks that

have an impact on the environment, they have to spatial data required

the bodies, which correspond to the themes listed in the implementing

prescription and are exposed to the GeoPortal, free access to the full

the range.



(7) to access the institutions, bodies and agencies of the European communities,

public authorities in other Member countries of the European Union to surround

the data of the compulsory subjects, if this data is used for the performance of their

reporting under the regulations of the European communities

relating to the environment, paragraph 6 shall apply mutatis mutandis.



(8) access authorities set up international agreements to which the Contracting

the parties are the European Community and the Member States, to surround

the data of the compulsory subjects is possible on the basis of reciprocity and

equality, if this spatial data is used for the performance of their

tasks that could have an impact on the environment.



§ 11 d



Limitations and denying access to spatial data



(1) access to spatial data will be denied if this would

violated the protection of the rights of third parties to the subject matter of copyright law, rights

related to copyright or the sui generis right of the maker

database.



(2) public access to spatial data through the

You can limit the search services, if it is in the interest of public

security, ensuring the defence or protection of international relations.

Access to spatial data that is made available through a browser

services, downloads, data transformation services, and services

allowing the launch services based on spatial data can be

restrict the public authorities for the reasons stated in the first sentence and

public access and the reasons set out in § 8 para. 1 and § 8 para. 2

(a). a) to (c)). Public access can be restricted only if the public

interest in restricting access outweighs the public interest in disclosure

spatial data based on the grounds listed in § 8 paragraph. 1 (b). and)

(b)), and (d)) and § 8 para. 2 (a). a) and b) cannot restrict access to information about

emissions into the environment.



(3) restriction of Access performs the mandatory body or other provider

the spatial data in the case of the spatial data on the Internet

interfaces made available through the GeoPortal. In the case of

spatial data located on the GeoPortal does restrict access

by the Ministry. Access restrictions and its justification for the Ministry of the

environment shall publish in both cases to the GeoPortal. The statutory body and the

other spatial data provider shall inform the Ministry about the need for

access restrictions, carried out by the Ministry, and of the limitations

access made by themselves, including the communication of reasons that have

lead or have led to restrictions on access.



section 11e



Ministry of the environment



Ministry of the environment



and) is a focal point for liaison with the European Commission,



(b)) reports under the relevant legislation of the European Communities ' ^ 1 '),



c) exposes a spatial data that is accessed through the

GeoPortal for the European INSPIRE GeoPortal operated by the European Commission

at the level of the European communities,



(d) the records referred to in section exposes) 11B(2). 5 public and European

Commission, via the GeoPortal



e) coordinates the infrastructure in cooperation with the central administrative

authorities, legal persons sdružujícími persons working in the field

spatial data and legal entities sdružujícími local government

units.



12A) Law No 499/2004 Coll. on Archives and records service and amending

certain acts, as amended.



12B) § 88 to 94 of the Copyright Act. ".



5. in article 15, the following new section 15a, which including the title reads as follows:



"§ 15a



The issue of the implementing legislation



Ministry of the environment shall issue a decree



and) spatial data themes



b) conditions of use of spatial data and services based on the spatial

data,



(c)) special uses of spatial data and services based on

spatial data



d) continuously updated range of big data,



e) time limits within which they must obligatory body and other provider

spatial data to create the metadata to them represent a spatial data and

spatial data-based services,



(f) the keeping of registers of) the way the public use and disclosure

spatial data



g) outdated method of preservation of spatial data and disclosure

metadata to them. ".



Article. (II)



Transitional provision



The statutory body shall ensure that all newly collected and extensively

restructured spatial data and related services

based on the spatial data to ensure interoperability between the 2

years after the adoption of the technical requirements, which the European Commission sets out the

the technical arrangements for the interoperability of the European Commission. In the case of

other spatial data and spatial data-based services,

which are still used, shall ensure that the statutory body and the other provider


spatial data, in order to ensure interoperability within 7 years from the

the adoption of the technical requirements, which the European Commission sets out the

the technical arrangements for the interoperability of the European Commission. For the newly

obtained and rich language in the spatial data and the corresponding

services based on the spatial data means such spatial data

and services that required the body or other provider of spatial data

created or restructured after the adoption of the technical requirements

setting out the technical arrangements for the interoperability of the European Commission.



Article. (III)



The publication of the full text of the law on the collection of laws



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 123/1998 Coll., on the right to information on the environment, as

It is apparent from later laws.



PART TWO



Changing the law on surveying



Article. (IV)



Act No. 200/1994 Coll., on surveying and amending and supplementing certain

laws related to its introduction, as amended by Act No. 121/2000 Coll.,

Act No. 185/2001 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 Sb.

and Act No 223/2009 Coll., is amended as follows:



1. In section 2, at the end of the letter l) dot is replaced by a comma and the following

the letter m) is added:



"m) a technical map of the village map of scale led to the

Computing resource with detailed mapping of natural and

technical objects and installations that reflect their real status. ".



2. Footnote 3 is added:



"3) for example, construction law.".



3. In section 4, paragraph 4. 1 at the end of the letter k) dot is replaced by a comma and

the following point l) is added:



"l) establishment and management of technical maps of municipalities ^ 3).".



4. In section 4, the following is inserted after paragraph 2 paragraph 3, including notes

footnote No. 4a is added:



"(3) Survey and cadastral authorities that create and lead

spatial data from the territory of the United States, provide for the infrastructure

for spatial information in the European Community ^ 4a) this basic

spatial data:



and basic State map) works for public use



(b) surveying devices) of geodetic bases,



(c)) of the database,



(d)) ortofotografické views throughout the Republic,



e) database file to the geographical nomenclature.



The former paragraph 3 shall become paragraph 4. The existing notes

footnote No. 4a to 4f are referred to as footnote # 4b to 4 g,

including links to footnotes.



4A) of section 11a of the Act No. 123/1998 Coll., on the right to information on the

the environment, as amended by Act No. 380/2009 Sb. ".



5. in section 20, at the end of paragraph 1, the period is replaced by a comma and the following

the letter i), which read as follows:



"i) basic technical map content community.".



PART THREE



The EFFECTIVENESS of the



This law shall enter into force on the fifteenth day following the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.