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Amendment Of The Act On The Right To Information On The Environment

Original Language Title: změna zákona o právu na informace o životním prostředí

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6/2005 Sb.



LAW



of 16 June. December 2004,



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

the environment, as amended by Act No. 132/2000 Sb.



Parliament has passed the following Act of the Czech Republic:



Article. (I)



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

amended by Act No. 132/2000 is amended as follows:



1. In article 1 the title reads: "Edit Item".



2. In article 1, paragraph 1, including the footnote No. 1):



"(1) this Act regulates, in accordance with the law of the European Communities ^ 1)

security rights on access to environmental information and on

timely and full information on the environment, to create ^ 1a)

the conditions for the exercise of this right and promote active making available

information about the environment from the statutory bodies. Provides for the



and performance rights) conditions on timely and complete information on the

the environment, which have the required entities under this Act, or

that are available for these entities,



(b)) public access to environmental information, which

have the required entities under this Act or that are

available for these entities,



(c)) the basic conditions and the deadline for the disclosure of information and the reasons for

that may required entities under this Act to deny disclosure

information,



(d) the active disclosure of information) about the environment and support

the use of a device for remote access,



(e) education, and education) education in the field of environmental protection.



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

2003 on public access to environmental information and

repeal of Council Directive 90/313/EEC. '.



Footnote 1) is renumbered as footnote

No 1a) including reference to this footnote.



3. In section 2 (a). and the words "status) of the environment and natural

resources "shall be replaced by the words" the environment ", the words" in written,

video or audio form, on the medium of computing or other

technically feasible form "are replaced by the words" in any technically

feasible form "and the word" which "shall be replaced by the word" that ".



4. In section 2 (a). and) points 2 and 3 are added:



"2. the prepared or carried out activities and measures and on the

negotiated agreements, which have or could have an impact on the status of the

the environment and its components,



3. State of the environment components, including genetically modified

organisms, and the interaction between them, about the substances, energy, noise, radiation,

waste, including radioactive waste and other emissions into the

the environment, affecting or likely to affect, its folder, and

the implications of these emissions, ".



5. In section 2 (a). and at the end of the text) point 5 shall be added the words "and public

health and environmental impact assessment on the environment ".



6. In section 2 (a). and point 7), after the words "decision-making process", the words "and

other measures and procedures "and the word" taken "are added after the words

"wholly or partly".



7. In section 2 (a). and point 7), the following new items 8 to 10 are added:



"8. the State of public health, safety and the conditions of life of the people, if the

are or may be affected by the State of the elements of the environment,

emissions or activities, measures and agreements referred to in point 2,



9. the State cultural and architectural monuments, as they are or may

be affected by the State of the elements of the environment, emission or

activities, measures and agreements referred to in point 2,



10. reports on the implementation and the implementation of legislation in the field of the protection of

of the environment ".



The former items 8 to 10 shall be renumbered as paragraphs 11 to 13.



8. In section 2 (b)), including footnotes, no. 3) and (4)):



"(b)) the compulsory subjects



1. the administrative authorities and other organizational components of the State and territorial authorities

self-governing units, ^ 3)



2. legal or natural persons, which on the basis of specific legal

regulations enforced in the area of public administration, the scope of the applicable

directly or indirectly, to the environment, "^ 4)



3. legal persons established, managed or delegated bodies

referred to in points 1 and 2, as well as the individuals responsible for these

bodies on the basis of legislation or the agreement with the following

bodies provide services that affect the State of the environment and

its individual components (hereinafter referred to as the "designated person");



3) for example, Act No. 2/1969 Coll., on establishment of ministries and other

the central authorities of the State administration of the Czech Republic, as amended

legislation, law No 282/1991 Coll., on the Czech environmental inspection and

its competence in forest protection, as amended, law No.

114/1992 Coll., on nature and landscape protection, as amended

legislation, Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended, and Act No. 129/2000 Coll., on the regions (regional

the establishment), as amended.



for example, law No 4) 219/2000 Coll., on the Czech Republic and its

in legal relations, as amended. ".



9. In section 2 (a). (c) the first sentence is the word) ", IE. the transmission of written,

oral, telephone, electronic or other technically feasible

in the form, "shall be replaced by" any technically feasible form "and

the remainder of the text after the words "(hereinafter referred to as" the applicant ")" shall be replaced by the words

"the direct inspection of the documents or other file information

the making of extracts, copies, or copies of the applicant at the headquarters or in other

the premises of the statutory bodies, and information about the ways and methods of

the acquisition of individual information; "and the last sentence shall be deleted.



10. In section 2, the following point (d)), which read:



"(d) the provision of the information their) active provision of unlimited

the circuit operators, without the need to submit the application. ".



11. In section 3, paragraph 3. 1 and 3, in section 5 (3). 1 and 2, and in section 9 (2). 3 the word

"authority" is replaced by "statutory body" in section 4 in the title and in a sentence

First, the word "authority" is replaced by "mandatory" in the body of section 8

paragraph. 2 (a). and the word ' authority) "shall be replaced by the words" compulsory

operator "in section 10, paragraph 1. 1 the word "institutions" shall be replaced by the words "compulsory

the bodies ".



12. In section 3, paragraph 3. 1 third sentence, the word "cable" is replaced by

"by electronic means" and the fourth and fifth shall be deleted.



13. In section 4, the words ", it is his duty to disclose" shall be replaced by the words "and

at the same time has no obligation under the specific legislation such

have the information, communicate "and the second sentence shall be replaced by the phrase" if it is

the queried entity known to the principal that the statutory body has

the information available to him, forward the request within the time limits

laid down in the first sentence, and inform the applicant accordingly. ".



14. In section 6 shall be added at the end of paragraph 2 the sentence "If the statutory body

make available information, even if only partially, to other than the required

the form must justify this procedure. ".



15. In section 8 (2). 1, letter a) including footnote 5):



"and on the protection of classified information), ^ 5)



5) Act No 148/1998 Coll., on the protection of classified information and on the change

certain acts, as amended. ".



16. In section 8 (2). 2, in the introductory part, the words ' the provisions of the Information will not be

also available, "shall be replaced by the words" disclosure of the information may be

also denied ".



17. In section 8 (2). 2 (b)):



"(b)) would make this information could have a negative impact on the protection of

the environment in the places to which the information relates. "



18. In section 8 (2). 3 at the end of subparagraph (c)) shall be replaced by a comma and dot

the following point (d)), which read:



"(d)) relates to the internal guidelines of the statutory body, which shall be subject to

exclusively for its internal operation. ".



19. In section 8 (2). 5, the words "of the infraction or crime" shall be replaced by

the words "of the crime, offence or another administrative tort".



20. In section 8 (2). 6, the words "classified information" is replaced by

"the facts that constitute the reason for refusal of disclosure

the information referred to in paragraphs 1 and 2 ".



21. In section 8 shall be added to paragraph 8 and 9 shall be added:



"(8) if the disclosure Is denied information in the cases referred to in

paragraph 3 (b). and a mandatory body), shall communicate to the applicant the information about estimate time

necessary for the processing or evaluation of the required data, and if

This activity does not itself, and the identification data of the person who has this

the activity to execute.



(9) if the request for the provision of information on emissions discharged or

the emitted into the environment, you cannot use the grounds for refusal

disclosure of the information referred to in paragraph 1 (b). (b)), and (d)) and in paragraph

2 (a). and (b))). ".



22. In section 9 paragraph 1 reads:



"(1) If the statutory body of the request for disclosure of information, even if only

in part, shall within the period for disclosure of information

decision to refuse disclosure of the information. If it is a compulsory subject

person that is not in accordance with the specific legislation entitled

issue a decision, shall issue a decision refusing disclosure of information

the statutory body responsible for the person started, set up, manage or

commissioned, with which it has an agreement under section 2 (b). (b))

3. ".



23. In section 9 (2). 4, the words "classified information" is replaced by
"the facts that constitute the reason for refusal of disclosure

information according to § 8 paragraph. 1 and 2 ".



24. In section 10, paragraph 3:



"(3) entities are Required in connection with the provision of information

entitled to claim remuneration in an amount which shall not exceed the costs

with the acquisition of copies of, the measures of technical data media and sending

information to the applicant. ".



25. In section 10, the following paragraph 4 is added:



"(4) the mandatory entities process payment in accordance with publicly available tariff

paragraph 3, stating the conditions under which the remuneration collected, or

under which it is possible to refrain from levying payments. ".



26. in section 10, the following new section 10a and 10b, including headings and

footnote No. 10a to 10 c)):



"§ 10a



The active disclosure of information



(1) Compulsory subjects process information related to their

scope and create the necessary technical and other conditions for the active

disclosure of information.



(2) Compulsory subjects are required to the extent established by law

keep and update electronic databases containing information

relating to their scope. This obligation does not apply to an authorised

person, if the information referred to in paragraph 1 shall, in the electronic database

the statutory body responsible for the person started, set up, manage or

commissioned, with which it has an agreement under section 2 (b). (b)) 3.



(3) the electronic database referred to in paragraph 2 must be accessible

through the device to enable remote access.



(4) the mandatory entities actively expose information, in particular, in a manner

enabling remote access, and also through its own editor and

publishing activities.



(5) Mandatory entities actively made available, in particular,



and) concept, policy, strategy, plans and programmes relating to the

the environment and report on their implementation, if they are

processed,



(b)) reports on the State of the environment, where they are processed,



(c)), summaries of the monitoring of activities which have or could have

effect on the State of the environment and its components,



(d)), the administrative decision in case it is his release conditional on the release of

opinions on the assessment of the effects of the implementation of the project on the environment

under special legislation, ^ 10a)



e) documents acquired during the assessment of the effects on the environment

under special legislation, ^ 10b)



f) assessment of the risks relating to the environment, if they are

processed,



(g)) of the agreement on the provision of services under section 2 (b). (b)) 3.



(6) the Ministry of the environment actively exposes



and the list of information) to have mandatory entities available with

indicating what the statutory body can obtain information,



(b)), the international treaties and agreements, legislation of the European

the community, laws and other legal provisions in the field of the protection of

the environment and report on their implementation and performance, if you are

processed.



(7) if the information referred to in this provision has already proven

accessible through devices that allow remote access, may

incumbents on the published information.



section 10b



Disclosure of information in emergencies



In case of emergency the public is that there is a danger,

warned by the specific legislation. ^ 10 c)



10A) section 10 of the Act No 100/2001 Coll. on environmental impact assessment

environment and amending certain related laws (the law on the assessment of

the effects on the environment), as amended by Act No. 93/2004 Coll.



10B) section 16 of the Act No 100/2001 Coll., as amended by Act No. 93/2004 Coll.



10 c) Law No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended. Act No 240/2000 Coll.

on crisis management and on amendments to certain acts (the crisis Act), as amended by

Act No. 320/2002 Coll. ".



27. In section 12 at the end of paragraph 1, the following sentence "this message contains

in particular, information on the quality of the environment and of the loads, which the

the Environment Act. ".



28. section 13 including the title:



"section 13



Environmental education, training and public awareness



(1) the central administrative authorities



and within the limits of its scope) create the conditions for the implementation and development of the

environmental education and awareness, and



(b) to ensure adequate education and) awareness of their employees

in the field of the environment.



(2) the Ministry of the environment, Ministry of education, youth and

sports, together with other central administrative authorities, counties and municipalities in the

a separate scope are required to promote environmental

training, education and awareness, based on the principles of sustainable

development provided by State and non-State organizations.



(3) the Ministry of the environment



and State environmental programme), education and training

education in the Czech Republic (hereinafter referred to as "the programme") and submit it to the

to the Government for approval,



(b)) guarantees, coordinates and updates the State program through

action plans for the relevant years and



c) supports the development of education leading to the preventive protection of the

the environment (hereinafter referred to as "environmental consultancy").



(4) the Ministry of education, youth and sports



and) is responsible for the inclusion of environmental education in the sense of sustainable

the development of the basic pedagogical documents and



(b) supports further education teaching) staff in the field

protection of the environment and sustainable development.



(5) the County in a separate scope



and, coordinate and process) of the updated regional concept

environmental education, education and education (hereinafter referred to as "regional

the concept of ") based on the State of the program and



(b)) support the development of environmental consultancy.



(6) allow the county municipalities in a separate scope to participate in the

the implementation of regional policies and create a custom in this area

programs.



(7) the authorities of the public administration with the exception of the organizational components of the State may

the promotion of environmental education and awareness, establish

Special funds. "



29. In article 14, paragraph 2, including the footnote No. 14):



"(2) a decision refusing disclosure of information, after the exhaustion of the

ordinary remedies reviewable by a special legal

14. ^ ^)



14) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations. ".



Article II



The transitional provisions of the



The electronic database referred to in section 10a of the paragraph. 2 may not include

information collected prior to the effective date of this Act, if these

information is not available in electronic form.



Article. (III)



The effectiveness of the



This Act shall take effect on the date of its publication.



Zaorálek in r.



Klaus r.



Gross v. r.