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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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83/2015 Sb.



LAW



of 18 May. March 2015,



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

the environment, as amended



Parliament has passed the following Act of the United States:



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., Act No. 413/2005

Coll. and Act No. 380/2009 Coll., is amended as follows:



1. In article 1 (1). 1, § article 10A(1). 6 (a). (b)), section 11 c of paragraph 1. 7 and section 11e (c).

(b)), and (c)), the words ' European Community ' shall be replaced by ' the European

the Union ".



2. In paragraph 2, points (f) to (i))):



"(f)) metadata information describing spatial data or services

based on the spatial data and that allow you to search for them,

sorting and use;



g) infrastructure for spatial data and spatial data services

based on the spatial data, network services and technologies, metadata,

the technical requirements of the agreement on sharing access to spatial data and

spatial data-based services and their use,

mechanisms, processes and procedures of coordination, established, operated or

disclosed in accordance with this law and the monitoring of, use of

spatial data and spatial data services;



h) 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;



as well as making data disclosure spatial) data and metadata

Unlimited circuit operators through



1. the provision of spatial data and metadata on the GeoPortal (section 11a)

custom Web interface using services based on

spatial data in accordance with the technical requirements, or



2. the transmission of spatial data and metadata in accordance with the technical

GeoPortal requirements (section 11a) ".



3. in article 2, the following points (j)), and to), including footnotes

# 16:



"j) technical requirements, which contain the minimum requirements

performance requirements on the service based on the spatial data and

ensure the coherence of the spatial data set directly applicable

European Union regulations governing rules ^ 16) to create and

metadata update, monitoring and reporting service based on

spatial data interoperability and the harmonisation of spatial data and

services based on the spatial data and for access to space

data and services;



k) spatial data-based services possible forms of processing

spatial data and related metadata by means of computer

the application.



16), for example, Commission Regulation (EC) no 1205/2008 of 3 June. December

2008 implementing directive of the European Parliament and Council Directive 2007/2/EC

concerning metadata, Commission Regulation (EC) No 976/2009 of 19 January. October

2009 implementing directive of the European Parliament and of the Council

2007/2/EC, as regards the network services, Commission Regulation (EU) no 268/2010

of 29 April 2004. March 2010 implementing directive of the European

Parliament and Council Directive 2007/2/EC, as regards the provision of access to the sets of

spatial data and spatial data services of the Member States ' authorities and to the

Community bodies in harmonised conditions, Commission Regulation

Regulation (EU) no 1089/2010 of 23 February. November 2010, implementing directive

The European Parliament and of the Council of 2007/2/EC as regards interoperability

spatial data sets and spatial data services. ".



4. In § 11a paragraph 1 reads:



"(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, and that fall within the tasks of the public

Administration. Ministry of the environment shall make available to the GeoPortal

all the information on the data, codes and technical classifications, which

are necessary to ensure compliance with the technical requirements. "



5. In section 11a. 4, introductory part the provisions read as follows:



"(4) a part of the services based on spatial data network

services, which are services ".



6. In section 11a. 4 letter e) is added:



"e) of the boot, which allow you to run services based on

spatial data referred to in points (a) to (d))). ".



7. in section 11a. 7 at the end of the text of the letter b), the words "and of the

the amount of payment under section 11 c of paragraph 1. 3 and 4, if required ".



8. In article 11B(2). 2 the first sentence after the word "creation", the words ",

collection or dissemination ".



9. In article 11B(2). 3, after the words "in accordance with the copyright"

the words "rights related to copyright or the sui generis right

the maker of the database ".



10. In paragraph 11 c of paragraph 1 reads:



"(1) the Data made available through the GeoPortal is publicly

accessible manner allowing remote access. The statutory body or

other spatial data provider make available the terms of

as part of the data made available by the metadata. Spatial data

make incumbents or other providers on the basis of

a non-exclusive license agreements or conventions relating, in particular, sub-license

exploitation or exploitation of databases, which consist of spatial

data (hereinafter referred to as "license agreement"), ^ 12b). If the statutory body or

other spatial data provider does not pass as part of the metadata proposal

license agreement, make the spatial data based on sample

in the license agreement, the Ministry of the environment shall publish on the

GeoPortal. On the basis of the license agreement may be a mandatory body or another

spatial data provider make available also the service based on the

spatial data. ".



11. In paragraph 11 c of paragraph 1. 2 at the end of subparagraph (g)) the comma is replaced by a dot and the

letter h) shall be deleted.



12. In paragraph 11 c of paragraph 1. 3, the second sentence is replaced by the phrase "for making the

spatial data required operators and other providers of spatial

the data corresponding to the themes listed in the implementing legislation and

services based on the spatial data may be required to cover in

the amount, which shall not exceed the minimum amount necessary to ensure that the necessary

the quality and provision of spatial data and services

spatial data. ".



13. in paragraph 11 c of paragraph 1. 4, the words "in the case of continuously updated data

large amounts can be charged browsing service based on

spatial data; " replaced by the words "in the case of continuous

a large amount of updated data you can request payment in accordance with paragraph

3 even rewinding services based on spatial data, if this

the payment is used to ensure the conservation and maintenance of spatial data and

maintaining appropriate services based on spatial data; ".



14. in paragraph 11 c of paragraph 6 is added:



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

units of the State have for the purposes of fulfilling its tasks, which can affect the

the environment, to spatial data and services based on the

spatial data provided by the public authorities, which

corresponding to the themes listed in the implementing regulation and are

made available on the GeoPortal, free access to the full extent. The authorities of the

public administration, state-subsidised organisations and organisational components

State shall exchange and make use of this data and services for the performance of their

tasks that may have an impact on the environment. ".



15. In paragraph 11 c of paragraph 1. 8, the words ' European Community ' shall be replaced by

"The European Union".



16. in paragraph 11 d of paragraph 1. 2, the third sentence is replaced by the phrase "public access

It is possible to limit only in strictly necessary cases, if interested

to restrict access over the public interest in disclosure of the spatial

data. ".



17. in paragraph 12, the following paragraph 4 is added:



"(4) in the follow-up to the report on the State of the environment of the Czech Republic

handles the Ministry of the environment once a year report

the environmental situation of each State. These reports must be

published in electronic form within three months of approval of the report on the

State of the environment of the Czech Republic. ".



Article. (II)



This Act shall take effect on 1 January 2000. September 2015.



Hamáček in r.



Zeman in r.



Sobotka in r.