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.