468/2004 Sb.



The DECREE



of 3 July 2003. August 2004



of authorized persons under the Act on nature and landscape protection



The Ministry of the environment shall establish in accordance with § 45i paragraph. 3 of Act No.

114/1992 Coll., on nature and landscape protection, as amended by law No 218/2004

Coll. (hereinafter the "Act"):



§ 1



The subject of the edit



This Decree regulates the scope of required education, the content of the test,

the conditions for the extension of the authorization and the reasons for the withdrawal of the authorization to

implementation of the assessment referred to in section 45i and evaluation pursuant to section 67 of the Act.



§ 2



The range of required education



(1) the condition for obtaining the authorization for the purposes of the assessment referred to in section 45i

the law is a higher education obtained in an accredited master's

or doctoral programme "^ 1") in the field of natural sciences

focus on professional biology, ecology, applied ecology, the protection of

the protectionist nature, biology or environmental protection.



(2) a condition for obtaining authorization for biological evaluation

pursuant to section 67 of the Act is the higher education received in accredited

Master's or doctoral programme "^ 1") in the area of natural

Sciences, agriculture and forestry, with a focus on professional biology,

Ecology, applied ecology, nature protection, the protectionist biology

or the protection of the environment.



Examination of professional competence



§ 3



(1) for the purposes of the assessment of professional competence referred to in § 45i law includes



and knowledge of the law and related) legislation, in particular

national and European legal instruments relating to the protection of nature

and the environmental impact assessment relating to the performance

authorized activities ^ 2)



b) knowledge of the requirements arising from the policy and the law of the European

the community in the field of nature protection and related areas,



(c) knowledge of procedures and processing) of the contents of the documents, acquired in the

the assessment process under section 45i Act and special legislation on the

assessment of the effects on the environment ^ 3),



(d) knowledge of the General ecology), landscape ecology, ecology and biology

flora and fauna, especially species and

types of habitats, which are subject to the protection provided by the regulations under the

letters and) and (b)),



(e) knowledge of the impact of the activities) of the man on the Habitat and

the existential conditions of wild flora, wild fauna

and on the types of natural habitats, in particular those which are the subject of

the protection provided by the regulations under the letters) and (b)),



(f)) ability to synthesis of data collected from the point of view of the purpose of the assessment.



(2) the competence for the purposes of biological evaluation according to § 67

the law includes the knowledge of the



and) law and related legal provisions concerning the exercise of

authorized activities,



(b)) the General ecology, landscape ecology, ecology and biology of wild

flora and fauna, especially species and types

habitats, which are subject to the protection provided by the regulations under the letter

and)



(c) the issue of the impact of human activities) on Habitat and existential

the conditions of wild flora, wild fauna and on the types of

natural habitats, especially those which are the subject of protection

prescribed by the regulations under subparagraph (a)).



(3) Application to the examination of professional competence, submitted by a tenderer in writing

The Ministry of the environment (hereinafter referred to as "the Ministry"). Essentials

the application provides for the attachment no 1 of this order.



§ 4



(1) the test for the purposes of the assessment referred to in section 45i law is divided into two

part. The first part is demonstrating the expertise of the applicant's written

in the form. Successful composition of the first part of the exam is a prerequisite for the holding of the

its second part. The second part consists of a presentation by the applicant in advance

processed by case studies on a fictional or a real concept or

the intention with the anticipated significant influence, either alone or in conjunction with

other concepts or projects on specific or model bird area

or a major European site in the Czech Republic. Part of the presentation

the proposal must be Variant solutions, assessing their effects on the

the site and the defense of the optimal design solutions in accordance with the requirements of

law and contemporary levels of knowledge of the issue. Enter

case study candidates must be served at least 30 days before the

of the test. A written summary of the case studies, the Tenderer shall deliver to the Ministry of

at least 7 days before the examination.



(2) for the purposes of the biological evaluation of the Test according to section 67 of the Act shall be broken down

in two parts. The first part is demonstrating the applicant's expert knowledge

in written form. Successful composition of the first part of the exam is a prerequisite

for the holding of its second part. The second part consists of the oral interview with

by the tenderer. The model certificate of professional competence test carried out in accordance with

paragraphs 1 and 2 is given in annex 2.



§ 5



The conditions for the extension of the authorization



(1) a prerequisite for the extension of the authorization request is a written request for

its an extension of at least 6 months before the expiry of the existing

authorization. Requirements laid down in annex No. 1 of this order.



(2) the Department within 60 days from the receipt of the request, verifies that the applicant

meets the conditions for granting the authorization provided for by law (§ 45i paragraph.

3 of the law), and decide on its extension. If in the period from

the previous grant of authorization to change the grounds for

an assessment of professional competence of authorized persons, the Ministry shall prescribe

examination of professional competence of the applicant. Apply for examination

provisions on the examination of professional competence. If the applicant

one of the conditions laid down for the grant of the authorization does not comply with,

fail the examination or is filled with one of the conditions for the withdrawal of

authorization, the Ministry shall reject the application for an authorization.



§ 6



Withdrawal of authorization



The reasons for the withdrawal of authorization by the Ministry are:



and authorization was issued) on the basis of incorrect information,



(b) the authorized person) ceases to comply with any of the conditions

required for the granting of authorization (section 45i (3) law),



(c) the authorized person) has seriously or repeatedly breaches the legal

provisions related to the performance of its activities, or does not perform an assessment of the

or the guest in accordance with the purposes of the Act, or



(d) the authorized person of the withdrawal) authorization requests.



section 7 of the



The effectiveness of the



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



Minister:



RNDr. Ambrozek in r.



Annex 1



Requirements for applications to test professional competence and requirements

the application for the grant of the authorization or extension



1. the application for the test of professional competence and the application for the grant or

the extension of the authorization contain



and) name and surname, academic degree, address, or other permanent

of stay, where appropriate, place of residence,



(b)) data on education, indicating the recent study

program and specialization including his focus,



(c)) date and signature.



2. The application for registration to the examination of professional competence, the candidate shall be accompanied by



and) certified copy of document about the attainment of higher education,



(b)) an extract from the criminal register not older than 3 months, or

similar registers of the States in which the applicant has resided in the afternoon

three years continuously for more than three months. Extract must not be older than 3

months. In recognition of the integrity of the document, issued by the competent

authority of another Member State of the European Union, as

Special Act. ^ 4)



(c) the evidence of practice) in the field of nature protection.



3. The application for the granting of authorization shall be accompanied by a confirmation of the candidate successfully

composite test of professional competence.



4. The request for the extension of the authorization, the applicant shall indicate the number of rules

the decision on the grant of the authorization and the application shall be accompanied by



and an overview of the assessment or evaluation) processed by the time of submission of the application

to extend the authorization,



(b)) an extract from the criminal register as referred to in point 2 (a)

(b)).



Annex 2

THE MINISTRY OF THE ENVIRONMENT



Č. j. ............................



V .................... dne .......



Confirmation of the

the test of professional competence

According to § 45i paragraph. 3 of Act No. 114/1992 Coll., on the protection of nature

and the countryside, as amended by law No 218/2004 Sb.



Name, surname, academic or other title....................



Date and place of birth.........................................



Address of the place of residence. the place of residence



...............................................................



Guest: pass-fail



Justification in the event that the applicant has not complied with:



...............................................................



Date of exam:........................................



Lessons learned:

This certificate does not replace the decision of granting the authorization by

§ 45i paragraph. 3 of Act No. 114/1992 Coll., on nature and landscape protection,

as amended by law No 218/2004 Sb.

The granting of authorization is not transferable to another person.



The signature of the President of the Commission: stamp:



1) § 46 and 47 of the Act No. 111/1998 Coll., on universities and amending and

supplement other laws (the law on universities), as amended by Act No.

147/2001 Sb.



2) of Council Directive 79/409/EEC on the conservation of wild birds directive

Council 92/43/EEC on the conservation of natural habitats and of wild fauna

and flora, the directive of the European Parliament and of the Council

2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

Environment Council Directive 85/337/EEC on the assessment of the effects of certain

public and private projects on the environment, Council directive

97/11/EC, amending Council Directive 85/337/EEC on environmental impact assessment

of certain public and private projects on the environment.



3) Act No 100/2001 Coll., on the assessment of the effects on the environment and on

changes to some related laws (Act on environmental impact assessment

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



4) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

change some of the laws (law on the recognition of professional qualifications), as amended by

Law No 96/2004 Sb.