76/2002 Sb.
LAW
of 5 April 2004. February 2002
concerning integrated pollution prevention and control, on the integrated registry
pollution and on amendments to certain acts (the Act on integrated prevention)
Change: 521/2002 Sb.
Change: 437/2004 Sb.
Change: 695/2004 Coll.
Change: 444/2005 Sb.
Change: 222/2006 Sb.
Modified: 25/2008 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 85/Sb.
Change: 69/Sb.
Change: 64/2014 Sb.
Change: 39/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The purpose and object of the Act
(1) the purpose of the Act is, in accordance with the law of the European Union to achieve the ^ 1)
a high level of environmental protection as a whole ^ 2) by applying the
integrated prevention and control of pollution arising from the activities of the
referred to in annex 1 to this Act.
(2) this Act
and lays down the obligations of operators) device
(b)) governs the procedure for issuing integrated permits and other management and
procedures for the integrated permit,
(c)) provides for the scope of the public authorities under this Act,
(d)) provides for the requirements of the exchange of information on best
available techniques, the establishment and the activities of the technical working groups
and the publication of information on best available techniques,
e) lays down penalties for breaches of the obligations laid down by law,
(f)) governs the management information system of integrated prevention and provides
its contents.
(3) this Act does not apply to
and the ingress of contamination) radioactive substances ^ 3) into the
environment,
b) discharges of radioactive substances into the environment and emissions
the limits specified for these substances under special legislation, ^ 3)
(c)) use of genetically modified organisms under the Special
legislation. ^ 4)
§ 2
Basic concepts
For the purposes of this Act, means the
and) device a stationary technical unit where one or
more industrial activities listed in annex 1 to this Act, and
any other directly associated activities which have a technical
are related to the industrial activities listed in annex 1 to this
the law carried out on the spot and could affect emissions and
pollution, unless it is a stationary technical unit that is used to
research, development and testing of new products and processes; for a device that is
and stationary technical unit in which there is no of
the activities listed in annex 1 to this Act, if it was for her
request for release of the integrated permit,
b) pollution human activities directly or indirectly caused by the intrusion of
substances, vibration, noise, heat, or other forms of non-ionising radiation into
air, water or land which may be harmful to human health
or animals or may adversely affect the quality of the environment
or may result in damage to material property, or may limit or
prevent the use of the environmental values that are protected
special legislation, ^ 5)
c) emission of direct or indirect discharges of substances, vibration and propagation
noise, heat, radiation or other forms of non-ionizing radiation from the
device to the environment,
(d) the maximum permitted emission limit) emissions expressed in terms of quantity,
concentration, mass flow or another specific characteristic, which
must not be during one or more periods of time is exceeded; emission
limits may also be laid down for certain groups, species or category
substances, in particular for those listed in annex 2 to this
the law,
(e)) the best available techniques the most effective and the most advanced
stage in the development of technologies and methods of their operation, which show
the practical suitability of particular techniques as a basis for the determination of the
emission limits and other binding equipment, whose conditions of service
the intent is to prevent or, where that is not possible, to limit the
emissions and their adverse effects on the environment as a whole,
While
1. techniques means both the technology used and the way it is
equipment is designed, constructed, operated, maintained and vyřazováno from
operation,
2. the available techniques means techniques developed on a scale
that allows implementation in the relevant industrial sector, under economically and
technically acceptable conditions with regard to the costs and benefits, if
are the operators of the facilities on reasonable conditions available, regardless of
whether they are used or produced in the Czech Republic,
3. the best means the most effective techniques to achieve
high level of protection of the environment as a whole;
in determining the best available techniques, taking into account the aspects of the
referred to in annex 2 to this Act,
(f) environmental quality standard) a summary of the requirements laid down
on the basis of special legislation, ^ 5) that has the
environment meet at a given time and place,
(g)) the integrated permit decisions laying down the conditions for
operation of the installation, and which is issued instead of the decisions, opinions,
observations and approvals issued in accordance with the specific legislation in
protection of the environment, public health and
the area of agriculture, where these regulations ^ 6) allow,
(h) the operator of a device) a legal person or a natural person who
actually operates or will operate the equipment; If no such person
known or does not exist, it is considered an owner operator
the device,
I) substantial change in use, change the operating mode or the range
the device, which may have significant adverse effects on human health
or the environment; a substantial change is always considered
1. the change in the use, operation or range of the device, if itself
each reaches the thresholds referred to in annex 1 to this
the law,
2. a change in operation on the device to the thermal treatment of waste ^ 28)
processing in the device referred to in Appendix 1 to this Act
the only other wastes that will touch the heat treatment of hazardous
waste,
3. change in the use, operation or a range of devices that
includes a derogation from the emission levels associated with best available
techniques (section 14 (5)) or the results of the review of the mandatory
the integrated permit conditions, carried out on the basis of § 18 para. 2
(a). (d)),
j) reference document on best available techniques document
who is the result of the organized exchange of information at European Union level
According to the article. 13 of the European Parliament and Council directive 2010/75/EU, it is
drawn up for the specified activity, and discusses, in particular, the methods used,
the current level of emissions and consumption, the considered techniques for determining the
the best available techniques, as well as the conclusions on best available
techniques and any emerging technology, with a special
taking into account the criteria set out in annex 3 to this Act,
k) conclusions on best available techniques document containing parts
reference document on best available techniques, laying down the
conclusions on best available techniques, their description, information to the
reviews of their usability, emission levels associated with the best
available techniques, associated monitoring, related levels
consumption and, where applicable, the appropriate remedial measures,
l) emission levels associated with best available techniques range
emission levels obtained under normal operating conditions using the best
available techniques or a combination of the best available techniques, as
are described in the conclusions on best available techniques, expressed
as an average for a specific time slot for the specified reference
conditions,
m) emerging technology a new technique of industrial activity, which
could in the case that will be developed for commercial purposes, to provide
either a higher General level of protection of the environment, or at least
same level of protection of the environment and greater cost savings than
the current best available techniques,
n) the soil top layer of the crust, which is located between the hard
the rocky soil and the Earth's surface; the soil is composed of mineral
particles, organic matter, water, air and living organisms,
o) dangerous substances or mixtures of substances defined in article 6(1). 3 of regulation
The European Parliament and of the Council (EC) no 1272/2008 of 16 June. December 2008
on classification, labelling and packaging of substances and mixtures,
p) basic news information on the State of soil and groundwater
relevant hazardous substances.
TITLE II
THE INTEGRATED PERMIT
Procedure for issuing integrated permit
§ 3
Application for the issue of the integrated permit
(1) an application for the issue of the integrated permit (hereinafter referred to as "the application")
the operator of an administrative authority that has territorial jurisdiction to
the release of the integrated permit (hereinafter referred to as "the authority")
and) in electronic form, or
(b)) in paper and electronic form.
Procedure for issuing integrated permit is commenced on the date on which it was
application reaches the Office, in the case of filing referred to in (b)) on the date on
When the request has been delivered to the Office in paper form.
(2) in the case of a submission pursuant to paragraph 1. and, the Office may)
justified cases, in particular for technical reasons, to request supporting documents,
that are part of the request, on paper. This requirement must
the rationale and adequate notice provided to the applicant within 20 days from the date of
receipt of the request. For the processing of this request, the procedure for the
the release of the integrated permit pauses.
(3) in the case of a submission pursuant to paragraph 1. (b)), the authority may, in appropriate
cases, in particular for technical and economic reasons, to refrain from
electronic version of map, image or graphic materials,
that are part of the request.
(4) in the case of a request referred to in paragraph 1 (b). (b)) or supplement
supporting documents in paper format in accordance with paragraph 2 shall prevail
the documentary forms of the application.
(5) the authority shall, within 20 days of receipt of the application, whether the application contains
all the prescribed formalities (article 4) and that the device is in the application
defined in accordance with this Act and the implementing regulation.
If the Office will not prompt the operator of equipment within this period to supplement the
the application, the application shall be deemed to be complete. The Office may request the operator
equipment to supplement copies of applications in paper form or in electronic
form on electronic data carriers, by the number of parties to the proceedings and
the concerned government departments.
(6) if the Office after the expiry of the period referred to in paragraph 5, in the course of the proceedings
It concludes that without further supplement the applications it is not possible to continue
proceedings, prompts the operator for its replenishment. With the addition of
the request must be presented to all interested parties.
section 3a
Preliminary information on the application
Before submitting the application, the Office shall provide to the operator of a device on its
request preliminary information according to the code of administrative procedure) of prescribed 29 ^ ^
elements of the application (section 4) and the definition of the device in the request in accordance with the
This Act and the implementing regulation.
§ 4
Content of the request
(1) the request shall contain the
and company or a name) or the name and surname, place of business or
business, the identification number of the person, if it is allocated, the
(b)) first and last name, ID card number, if issued, the number of
the document, which it replaces, the address of the place of residence, or
address for service, if it is operated by the physical device
a person who is not an entrepreneur,
(c) a description of the activity, the identification) data on the location of the activity (the village,
cadastral area, parcel number, or. the designation of the building).
activity category, if it is listed in annex 1 to this Act, and
determine the principal activity,
(d)) a brief summary of data referred to in points (a) to (c))), e) to (l)), and p)
generally in a meaningful way,
e) description of the raw and auxiliary materials, other substances and the energy that
the device used or produced,
(f)) list and description of emission sources and sources of noise, vibrations and non-ionizing
radiation and description of other devices, their properties, effects, effects on
the environment and the health of humans and the likely quantity of emissions into the
the individual components of the environment,
g) status characteristic of the territory (in particular, the description of the current situation of air pollution
and the current state of pollution of soil and groundwater), where it is, or has
be situated, including the definition of the fundamental conflicts in the territory,
h) description of the technology and other techniques to prevent emissions, and
where this is not possible, to reduce emissions of polluting the environment,
I) description of the prevention measures, for the preparation of reuse,
recycling and recovery of waste that arise in your device,
(j) a description of the existing or planned) measures for measuring and
the monitoring of emissions discharged to the environment,
to compare an existing or period) of the device with the best
available techniques,
l) description of other planned measures to ensure the fulfilment of the obligations
preventive character, such as the rational use of energy,
Prevention of accidents ^ 8) and limitation of their consequences, if any,
the exclusion of any risk of environmental pollution and
endangering human health originating from establishments after the termination of his
activities to the greatest extent possible,
m) proposal of mandatory conditions of operation of the device and its rationale (section 13),
including the evaluation of the compliance of the draft with the conclusions on best available
techniques, possibly including vocational assessment (section 14 (5)),
n) decisions, opinions, observations, and consents that were released
under special legislation, ^ 10) and supporting documents to them, if they can
replace the data referred to in this paragraph,
about) documents that are required for the issuance of the decision, opinions,
observations and consents under special legislation ^ 6), and
the integrated permit is intended to replace, if not already contained in the
terms referred to in subparagraphs) to (n)),
p) for an overview of possible alternatives to the proposed techniques and
the measures approved by the operator of the device,
q) basic message (Section 4a) if the operator of an installation shall
to ensure its development.
(2) the authority and the competent administrative authorities are obliged to provide
the plant operators, at his written request, the information available on
State of the environment in the Territories concerned, the operation of the device.
(3) Implementing legislation sets out a model application, scope and method
its filling.
Section 4a
The basic message
(1) If you are in the device used, produced or from a device
discharged hazardous substances that may cause pollution of the soil and
groundwater ^ 30) in place of the device, is the operator of an installation shall
to ensure the elaboration of basic reports and to submit a report to the Authority's base
for approval as part of the application.
(2) the basic message must contain the information that is needed to
determine the State of contamination of soil and groundwater, in order to make
quantified comparison with the status of a full closure of the
According to § 15a. The elements of the base message lays down detailed legal
prescription.
(3) the basic message can handle only a competent person
pursuant to § 3 of the law on geological works ^ 31). In the processing of the basic
messages flow through these competent person under the law on
geological works ^ 31).
(4) for handling the basic message you can use the documents relating to the
pollution of soil and groundwater at the site of the devices, processed according to the
other legislation ^ 32).
§ 5
Technical support for public administration
The Ministry of the environment (hereinafter referred to as "the Ministry") shall ensure
professional support for the exercise of State administration in the field of integrated prevention
through controlled contributory Organization (hereinafter referred to as
"the Agency"). The Ministry also expands the main activity of this
the Organization in its founding Charter in accordance with the first sentence, and expands the
her organizational arrangement of integrated prevention Department.
Section 5a
Information system of integrated prevention
(1) the information system of the integrated prevention is a national information
the system of public administration ^ 33), which is managed by the Ministry, and is part of the
a unified information system for the environment.
(2) the information system of the integrated prevention is used to ensure all
obligations relating to the publication of information and access
the public to the information under this Act.
(3) the Ministry of methodically directs and coordinates the procedure the competent authorities
public administration in the publication of data in the information system of the integrated
prevention under this Act.
(4) in the information system for the purposes of the integrated prevention
the publication of these data shall be kept:
and a brief summary) data from the request [section 4 (1) (b), (d))],
(b) a list of the competent person) including the issued certificate of registration
(§ 6 (2)),
(c) the uniform trial order) and the range of expertise requirements,
the demonstration is a condition of entry in the list of competent
people (section 6 (5)),
(d)) expressing a competent person (§ 11),
e) decision on the application (section 13, paragraph 2, and 3), amending the integrated
permit (§ 19a, paragraph 4), the integrated permit (section 20a),
the cancellation of the integrated permit (section 20 (2)) and the exclusion of devices from
mode of this Act (section 20 (3)),
(f)) appeal against the decision on the application (§ 13 para. 11),
g) information on authorisations granted exemptions from the emission levels associated with the
best available techniques (article 14, paragraph 5),
h) data on fulfilment of the conditions announced by the integrated permit (art. 16a paragraph.
1),
I) changes the device operators (section 17),
j) full texts of the integrated permit (§ 19a (7)),
k) reports on the inspections (section 20b paragraph 9)
l) list of devices for which it has been issued integrated permit pursuant to
This law, and their operators,
m) information on the conclusions on best available techniques and
reference documents on best available techniques,
n) information about the obligations of the United Kingdom resulting from legal
European Union legislation on integrated pollution prevention and control
pollution ^ 1)
about) for more information from the integrated prevention within the framework of the United
States and the European Union.
(5) data from the information system of integrated prevention referred to in
paragraph 4 shall be published on the Ministry's website.
(6) data from the information system of integrated prevention are being used to
fulfilment of the obligations of the Czech Republic resulting from the relevant legal
European Union legislation on integrated pollution prevention and control
pollution ^ 1).
Professionally competent person
§ 6
the title launched
(1) the professional qualifications for the purposes of this Act, the credentials
legal persons or natural persons by the Ministry to provide
professional representation according to § 11, by writing to the list of professional
eligible persons referred to in paragraph 2.
(2) the Ministry in agreement with the Ministry of industry and trade or
The Ministry of agriculture according to their field of activity, it writes with
indication of the substantive scope of competence as defined in the list
competent person legal person or natural person who
proves the competence referred to in paragraphs 3 and 4 (hereinafter referred to as "technically competent
person "). How to perform this registration will issue the Ministry of qualified
the person the certificate. List of competent person Ministry
published in Journal of Ministry and through the information
integrated prevention system. If a natural or legal person has been
on the basis of the requests referred to in paragraph 3 is written to a list professionally
the eligible persons, the Ministry of communication to inform about it within 15 days of
the date of the findings of fact on the basis of the registration is not made.
(3) on the application by natural or legal persons for inclusion in the list of professional
eligible persons must be accompanied by supporting documents showing
and professional level) sufficient for the category of activity, especially in
the area of integrated pollution prevention and control and the best
available techniques,
(b)) adequate technical, administrative and organizational background,
(c) the number of employees with) the necessary work experience, with the corresponding
higher education, knowledge and skills, in the case of legal
person or professional experience in the field, the corresponding higher education,
knowledge and ability, in the case of a natural person,
(d) the category of activities in accordance with annex) No 1 to this Act, for which it is
an application for an entry in the list of competent person,
e) integrity of a natural person or a legal person under employees
subparagraph (c)).
(4) the natural or legal person can write to the list of professional
eligible persons only from the assumption that a natural person or
employees of legal persons referred to in paragraph 3 (b). (c))
the professional knowledge of the areas covered by this law, in particular the use of the
the best available techniques, the use of emission limits, used
techniques and their impact on the environment, and also knowledge
legislation governing the protection of the environment to the extent
the relevant categories of activities and related aspects of the technical
protection of the environment. Expertise is demonstrated by examination
before the Commission, composed of representatives of ministries, the Ministry of
industry and trade and the Ministry of agriculture.
(5) the Ministry in cooperation with the Ministry of industry and trade and
The Ministry of agriculture, according to their area of competence, shall draw up
more detailed requirements on the range of expertise, which demonstrate the
It is a condition of entry in the list of competent person, for each
categories of activities referred to in annex 1 to this Act. These requirements and
the uniform trial order be published through the Department
information system of the integrated prevention.
(6) For integrity, is considered to be the natural person who has not been
convicted of an offence, the merits of which relates to the activities
competent person under this Act. Integrity shall be demonstrated
statement of criminal records no older than 3 months.
The Ministry, in order to prove the integrity of the requests by other
^ Law 34) an extract from the criminal register; the request for
the release of the statement from the criminal register and the extract from the register Index
penalties shall be communicated in electronic form, in a way that allows
remote access. For foreigners is a testament to the integrity of the other certificate
the State of which the alien is a citizen or has permanent residence,
or affidavit in the case that the State of which he is a citizen, such
the document does not make. In recognition of the evidence of good character, which issued the
the competent authority of another Member State of the European Union,
^ According to a special legal regulation 35).
(7) the competent person has a duty to exercise the activity, to which it is
responsible for, so as to avoid a conflict of interest, may not, in particular, to provide
According to § 11 representation at the device, which it operates or that
operates a person controlled or controlling it, or for devices, for
that participated in the drafting of the request.
(8) the competent person is required to notify the Department of a change to the data
referred to in the certificate of registration of the design to the list of competent
people within 30 days from the date on which the change occurred.
§ 6a
(1) the entry in the list of competent person is valid for a period of
a maximum period of 5 years. The request for entry on the list of professional
eligible persons can be given repeatedly.
(2) the validity of the entry in the list of competent person shall be extended
not more than 5 years, if competent, the person continues to meet the
the conditions for the exercise of the activities of the competent person under this Act
and requests for renewal of registration at least 6 months before the expiry of the
provided for the period of its validity. The Ministry to extend the registration issue
suitably qualified person certificates. Professionally competent person, that has not been
write extended, may once again request an extension at the earliest after enrollment
the expiration of 1 year.
(3) in the case of publication of a new reference document on the best
available techniques, new conclusions on best available techniques
or for changes may, in agreement with the Ministry of Ministry
of agriculture and the Ministry of industry and trade to perform verification of the professional
eligibility for any competent person entered in the list of
competent people with a range of professional competence, which
that category includes the activities referred to in annex 1 to this Act.
The competence is verified before the Commission
composed of representatives of ministries, the Ministry of industry and trade and
The Ministry of agriculture. A competent person is required to prove
the professional knowledge of the areas within the scope of this Act in relation to the
published documents referred to in the first sentence. The Ministry shall inform the
a technically competent persons concerned the term exams at least 30 days
in advance.
(4) the competent person is required to submit to the control of performance
activity. Competent person carries out the control of the Ministry in
cooperation with the Ministry of industry and trade or the Ministry of
Agriculture according to their field of activity.
(5) the Ministry clears the person from the list by a competent professional
the eligible persons, if such person
and it will expire) If a legal person, or dies or is declared
dead, in the case of a natural person,
(b)) shall cease to be the competence according to § 6 paragraph 1. 3,
(c)) breaks repeatedly or seriously the obligation referred to in paragraph 6
paragraph. 7,
(d) in the verification of professional competence) pursuant to paragraph 3 does not prove
the requisite expertise, or
e) when checking the performance of the activities referred to in paragraph 4 are serious
shortcomings.
(6) to exclude from the list of competent persons for the reasons referred to in
paragraph 5 (b). (b)) to (e) shall inform the Department of communication at the same time)
by a competent person, which carried out the deletion concerns.
(7) the specialist that has been deleted from the list of professional
eligible persons on the basis of paragraph 5 (b). c) to (e)), can be reused
submit an application for entry in the list of competent persons for the same
activity category as specified in annex No. 1 to this Act at the earliest after
the expiration of 3 years from the date of its deletion from the list of competent
persons.
§ 6b
(1) Professional representation according to section 11 may be temporarily on the territory of the Czech Republic
also provide a legal person, if he proves that
and) was established under the law of another Member State of the European Union and has a
its registered office, Central Administration or principal place of business at
territory of another Member State of the European Union and the
b) is the holder of an authorization to pursue the activity to which is referred to in this
the Act again professionally competent person under the legislation of
another Member State of the European Union.
(2) Professional representation according to section 11 may be temporarily on the territory of the Czech Republic
also provide the natural person who is established in another Member State
The European Union, if he proves that
a) is a national of a Member State of the European Union and
b) is the holder of an authorization to pursue the activity to which is referred to in this
the Act again professionally competent person under the legislation of
another Member State of the European Union.
(3) evidence of compliance with the conditions referred to in paragraph 1 (b). a) and b) or
paragraph 2 (a). a) and b) such persons are required to submit to the Ministry of
before starting the activities referred to in section 11. For the activities of these people
Similarly, section 6 (1). 7.
§ 7
Parties to the proceedings
(1) participants in proceedings for the issue of the integrated permit are always
and) the operator,
(b) the owner of the device), unless the operator of the device,
(c)) the municipality in whose territory is or is to be situated,
(d)) the County in which the territory is or is to be situated,
e) civic associations, generally beneficial companies, employers '
unions or economic Chamber, whose business is
promoting and protecting professional interests or public interests referred to in
specific legislation, ^ 12) Moreover, municipalities or regions on the
territory, it can affect the environment, if the
participants to subject themselves to the authority within 8 days from the date of publication of the
a brief summary of the data from the request under section 8.
(2) the party to the proceedings is also considered the one who it was by
specific legislation, ^ 6) if not already its status of a participant
as defined in paragraph 1.
§ 8
Dispatch of the application and publication
(1) the authority shall, within 7 days from the date of the request, it sends the full finds to the
the expression of
and the parties, in addition to) the operator of a device that made the request,
(b) the competent administrative authorities) that the scope of the exercise according to the
special legislation ^ 6) and whose administrative acts shall be replaced by
the release of the integrated permit,
(c)) the State of which the environment can be significantly adversely
affected by the operation of the device, (hereinafter referred to as "the State").
(2) the authority shall at the same time within the time limit referred to in paragraph 1 through
information system of the integrated prevention on its notice board and on the
the official Board of the municipality in whose territory is or is to be situated,
a brief summary of the data shall publish pursuant to § 4 paragraph 2. 1 (b). (d)), and
information about when and where you can request to inspect, take from it
extracts, copies, or copies. The Office and the municipality the following information be posted on
its official plates for a period of 30 days. In that period, anyone can send
the Office of its answer to the application. If in doubt for opening day
publication shall be the date on which the Office has published a brief summary of the data
pursuant to section 4, paragraph 4. 1 (b). (d)) through the information system
integrated prevention
(3) the Office shall forward the request to the State concerned further disclosures, and
shall act in accordance with the international treaties by which the Czech
Republic.
(4) the authority shall ensure the protection of trade secrets, personal
the data and other information protected by special legal
regulations, ^ 13) if these data are protected by the application.
Thus you cannot mark the information referred to in section 4, paragraph 4. 1 (b). a), b), c), (d)), f), and
m).
§ 9
Observations from the competent administrative authorities and the parties
(1) the competent authority shall send the Office no later than 30 days after receipt of
request their observations, which must contain, in particular, an evaluation of the proposal
binding conditions for the operation of the device, where appropriate, a proposal from the other
binding conditions which it proposes to include in the integrated permit.
(2) a statement of the relevant administrative authorities sent to the Office are not
administrative decisions.
(3) interested parties may submit their observations to the Office within the time limit referred to
to in paragraph 1.
(4) to the expression sent after the deadline referred to in paragraph 1, the authority
not taken into account.
§ 10
Representation of the State concerned
If the State concerned asks for a discussion of their comments on the submitted
application, the Office shall proceed in accordance with the international treaties, which is
Czech Republic is bound. By the time of the hearing of the application by the State concerned,
the time limits for issuing integrated permit provided for by this Act
longer.
§ 11
The observations of competent person
(1) the authority may request for examining the application processing specialist
comments on the application of best available techniques or in particularly
complex cases to the entire application. Professional representation can handle
only professionally competent person in accordance with § 6. About this procedure shall inform the
without delay to the proceedings.
(2) the representation of competent persons to use the best available
the technician must at least contain the
and compared with the device) the best available techniques,
(b) assessment of the draft mandatory conditions) operation of facilities including
the evaluation of their compliance with the conclusions on best available techniques
satisfiability and their technical and
(c) evaluation of the vocational assessment) § 14 para. 5 if it was
presented in the cases pursuant to § 14 para. 6 and 7 of the opinion to determine the
the best available techniques.
(3) the competent person shall send the professional representation office within 30 days from the
the date on which the request was received. If the Office finds reasons to return
observations for completion, within 5 working days of its receipt, to
publish through the information system of integrated prevention and on
its official Board for 15 days.
(4) the Office may return the representation of qualified professional person to
completion within 5 working days of its receipt. Technically competent
the person expressing the dopracuje according to the instructions of the Office within 10 days of the date on which the
have been returned. Completing of expert representation Office shall publish without delay after the
It is received in the manner referred to in paragraph 3.
§ 12
The oral proceedings on the request
(1) the authority may, after expiry of the period referred to in § 9 para. 1 or 3, or in the case of
procedure according to § 11 para. 1 after receiving vocational representation required to
consultation request oral proceedings. To oral proceedings, the Office may invite the
In addition to the parties, whether or not by a competent person, Czech inspection
the environment (hereinafter referred to as "the inspection"), and the competent administrative authorities.
The authority shall order an oral hearing is always, if requested by that party to the proceedings.
If requested by the Office to the examination of applications processing specialist terms,
an oral hearing may be held until after the expiry of the period during which the professional
observations posted on the notice board of the Office pursuant to section 11 (1) 3.
(2) a party may request that an oral hearing within the time limit
for sending the statement referred to in § 9 para. 1 and 3, or in the case of request
professional representation within the time limit for it to be sent to the authority under section 11 (1) 3.
section 13 of the
Decision on the application
(1) the authority shall decide on the request of the operator of equipment within 45 days
from the date of expiry of the period referred to in § 9 para. 1. where the Office makes use of the procedure provided for in
§ 11, the deadline for the decision on the application is running from the date of receipt of the
professional representation.
(2) If, after the hearing of the application the Office finds, that the intent of the operator
the device referred to in its application does not meet the requirements of this Act and
specific legislation) or that a ^ 6 binding conditions proposed for the
operation of the device are impossible due to technical reasons, the application for release
the integrated permit will be rejected.
(3) if there are grounds for refusal of a request under paragraph 2, the Office shall
on the basis of the results of processing the application issues an integrated permit
that in addition to the General requirements laid down in the code of administration includes:
and company or a name) or the name and surname, place of business or
business, the identification number of the person, if it is allocated, if
the operator of the device, a legal person or a natural person who is
an entrepreneur,
(b)) first and last name, ID card number, if issued, the number of
the document, which it replaces, a permanent resident, if the operator
the device is a natural person, who is not an entrepreneur,
(c) a description of the device and the description) the location of the device,
(d)), conditions of operation procedures and measures for ensuring the
the performance of these terms and conditions (hereinafter referred to as "obligatory conditions for operation"),
e) decisions, opinions, observations and approvals issued in accordance with
special legislation ^ 6), which shall be replaced by the integrated
the permit.
(4) the mandatory conditions of operation referred to in paragraph 3 (b). (d))
provides for the
a) emission limits (section 14), the
(b) measures to avoid risks) potential environmental pollution
and risks to human health arising from the device after termination of the
activities and conditions to complete the closure of the
the return of space equipment operation to the State in accordance with the requirements of section 15a,
c) conditions to protect human health and the environment
When waste management and measures to monitor the waste to the device
arise,
d) conditions to protect human health and the protection of the
environment, especially the protection of air, soil, groundwater and surface water,
(e) other special conditions of protection) of the health of humans and the
environment that the Authority considers necessary in the light of local conditions
the environment and the technical characteristics of the equipment,
f) measures for the rational use of raw materials and energy,
(g) measures for the prevention of accidents) ^ 8) and restriction of any
the consequences,
h) procedures or measures for the operation relating to situations different from
the conditions of normal operation (for example, commissioning,
test operation by a special legal regulation ^ 24), fault
device, tions and definitive cessation of operations
device),
I) monitoring technical measures for emission monitoring of emissions,
including the specification of measurement methodologies, including its frequency, leadership
records of monitoring; in the case of application of the procedure according to § 14 para. 4
(a). (b)) also to request that the results of monitoring of emissions were to
available for the same time period, and the reference conditions as in the case of
emission levels associated with best available techniques,
j) measures to minimize the pollution or remote transfers
pollution crossing the borders and to ensure a high level of
protection of the environment as a whole,
k) procedure to review compliance with the conditions of the integrated permit, including
the obligation to forward to the Office on a regular basis at least once a year, the results of the
the monitoring of emissions and other required information that Office to
monitoring of the implementation of the integrated permit conditions; in the case of the use of
procedure according to § 14 para. 4 (b). (b) a summary of the results of the monitoring) also
emissions allowing comparison with the emission levels associated with the best
available techniques,
l) procedures and requirements for the regular maintenance of equipment and procedures to
prevent emissions into soil and groundwater and soil monitoring methods and
groundwater in the context of the relevant hazardous substances, which
may be present on the site, and having regard to the possibility of pollution
soil and groundwater at the site of the device,
m) the conditions for assessing compliance with the emission limits; These terms and conditions
may be replaced by a reference to other legislation ^ 36).
(5) part of the preamble of the integrated permit is also
comments on the requests contained in the observations submitted under section 8 to
11, and to the fullest extent. Authority in the justification of the integrated permit
also indicate, on the basis of which the conclusions on best available
techniques and reference documents on best available techniques
have been imposed obligatory conditions for operation. In the case of the granting of exceptions from the
emission levels associated with best available techniques pursuant to § 14
paragraph. 5 justification of the integrated permit must contain specific
the grounds for granting this exemption, including the conclusions of the scientific assessment, and
justification the mandatory conditions laid down on the basis of the granted
exceptions.
(6) the obligatory conditions for operation imposed by the authority referred to in paragraph 4 must always
include the conditions, procedures and measures that would otherwise have been determined
on the basis of special legislation, ^ 6) which would be
issued decisions, opinions, observations, and approvals are replaced by
the integrated permit. These decisions, opinions, observations, and
approvals cannot be after the release of the integrated permit issued pursuant to the separate
^ 6) legislation.
(7) if the grounds for the appeal or against decisions on the application decomposition
the use of best available techniques in the scope of the Ministry of
industry and commerce or the Department of agriculture, or other
technical aspects of the operation of equipment associated with these best
available techniques, the Ministry shall send the revocation or the decomposition and a copy of the
the request for the issue of the integrated permit, including this decision
The Ministry of industry and trade or the Ministry of agriculture under
their field of activity to assess whether the failure occurred
the application of the conclusions on best available techniques and
reference document on best available techniques in determining
binding conditions of operation. These central administrative offices shall send their
observations, within 15 days from the date of receipt of the appeal or of degradation against
issued by the decision. These comments are the basis for the issue of
decision of the Ministry or of the Minister of the environment on the appeal
or decomposition.
(8) if the grounds for the appeal or against decisions on the application decomposition
concern the conditions related to the protection of public health, it shall
Ministry of an appeal or a copy of the application to decomposition and release of
the integrated permit including this decision to the Ministry of
health, which is to appeal or degradation, expressed in terms of
protection of public health. The Ministry of health will send its
observations, within 15 days from the date of receipt of the appeal or of degradation against
issued by the decision. This representation is the basis for the decision
Ministry or Minister of the environment concerning the dismissal or
decomposition.
(9) the decision referred to in paragraph 2 or 3, the authority within 5 days from the date of acquisition
the laws can be published through the information system of the integrated
Prevention and on my official Board for 30 days will publish information about how
When and where it can be consulted in the decision. If the request was discussed
under section 10, shall inform the authority of the decision referred to in paragraph 2 or 3 of the
State.
(10) the regional office is obliged to send to the Ministry of this decision within 7
days from the date of acquisition of legal power of these decisions.
(11) If a decision on the appeal against the decision or decomposition
the request referred to in paragraph 2 or 3 shall be published by the Department of management of the completed
decision on the appeal or decay within 5 days from the date of its acquisition of legal
power through the information system of the integrated prevention.
The method of determining the binding conditions of operation
§ 14
(1) the authority shall set emission limits for pollutants listed in annex
2 to this law, if they are released from the device, and other emission
the limits that are set on the basis of other legislation. ^ 6)
It may also establish emission limits for other groups or categories
pollutants and appropriate limits for noise, vibration, and
non-ionising radiation ^ 37). Subject to the provisions of the device
a special legal regulation, ^ 14a), the authority shall set emission limits for these
greenhouse gases only if this is necessary to prevent serious
pollution at the point of operation. Emission limits can be supplemented or
replaced by equivalent parameters or by other technical measures,
to ensure an equivalent level of protection of the environment.
(2) the emission limits for pollutants and appropriate limits for
vibration, noise, heat, or other forms of non-ionising radiation is subject to
usually to the point where the emissions originate from the device. To dilute before
where the emissions leave the device in the determination of emission limits
not taken into account. In the case of discharges of wastewater into the drains at the Office
determination of emission limit, the device may take into account the
to the effect of the treatment plant, provided that it is guaranteed to be
an equivalent level of protection for the environment as a whole ^ 2), and that
do not result in greater environmental pollution.
(3) in the determination of conditions of service, in particular the mandatory emission limits,
the Office is based on best available techniques and it's conclusions on the
best available techniques, without prescribing the use, however,
any technique or specific technology. Thus provided for binding
operating conditions must not be more favourable than the conditions of operation, which would
otherwise have been determined in accordance with the specific legislation. ^ 6)
(4) the authority shall set the emission limits, to ensure that under normal
operating conditions emissions do not exceed the emission levels associated with the best
available techniques as defined in the decisions on the conclusions of the
the best available techniques, and one of the following ways
and by determining the emission limits) that do not exceed the emission levels associated
with the best available techniques; These emission limits are expressed
for the same period as the emission levels associated with best available
techniques or for periods shorter and, under the same reference conditions,
or
(b)) by setting emission limits, other than those referred to in
subparagraph (a)), when it comes to values, period, and the reference conditions.
When the procedure provided for in subparagraph (b)), the Office at least once a year
assess the results of monitoring of emissions in order to ensure that the emissions per
normal operating conditions do not exceed the emission levels associated with the
best available techniques.
(5) the authority may in particular cases lay down less stringent emissions limits,
than is provided in paragraph 4. The procedure can be applied only if the expert
the assessment submitted by the operator proves that the result does not
serious environmental pollution, overall will be achieved
a high level of environmental protection and that would achieve emission levels
associated with the best available techniques described in the conclusions of the
the best available techniques led to the cost, which would
was not proportionate to the benefits for the environment, for the reasons
and geographical location of the device) or local environmental conditions
environment, or
(b)) the technical characteristics of this device.
The elements of the content of vocational assessment lays down detailed legal
prescription.
(6) if the Office provides for the obligatory conditions for operation on the basis of the best
available techniques, which are not described in any relevant conclusions
on the best available techniques shall proceed to
and the techniques involved parameters) were designed with special regard to the
the criteria referred to in annex 2,
(b)) meet the requirements laid down in paragraphs 1 to 5.
Do not include if appropriate conclusions on best available techniques
the emission levels associated with best available techniques, must be used
the technique of ensuring the level of environmental protection equivalent to the
best available techniques as described in the conclusions on the best
available techniques.
(7) do not apply if no conclusions on best available techniques for
activity or the type of the process undertaken in the facility, or
If you are not engaged in any conclusions on best available techniques all
the possible implications of an activity or process on the environment, the Office
obligatory conditions for operation on the basis of the best available techniques,
that, after consultation with the operator of the facility shall designate for the activities in question
or processes, paying particular attention to the criteria set out in
Annex 2 to this Act.
(8) in determining the requirements for the monitoring of emissions is based on the authority of
monitoring requirements that are described in the conclusions on the best
available techniques, if any. The authority shall establish the minimum frequency
monitoring to ensure regular monitoring of soil
at least once every 10 years, and regular monitoring of groundwater
Once in 5 years, if this monitoring is based on the systematic
evaluation of the risk of pollution.
(9) the authority may, for testing and use of emerging techniques to grant
temporary derogation from the emission limits laid down in paragraphs 3 to 7 in
total length not exceeding 9 months, if, after expiry of the period
the use of techniques either stopped, or when the activity reaches at least
the emission levels associated with best available techniques.
(10) the adoption of a decision under article 9(1). in article 13(3). 5 directive of the European
Parliament and Council directive 2010/75/EU on the conclusions on best available
techniques at the level of the European Union for the purposes of determining the binding
conditions of operation apply the conclusions on best available techniques of
reference documents on best available techniques adopted by the
The European Commission 6. January 2011, with the exception of emission limits according to the
paragraphs 4 and 5.
§ 15
(1) the authority in integrated authorization the plant operators, which
cannot achieve using the best available techniques, standard
quality of the environment, the obligation to make additional conditions to
meet the standard of quality of the environment, for example, the conditions
restricting the operation of the device at a certain time of the day.
(2) the authority shall establish in the integrated permit in the case where the standard
environmental quality milder than are the requirements that the
typically achieve using the best available techniques, binding
the terms of service to reflect the use of the best
available techniques.
(3) the authority may, in the event that any of the requirements of the quality standards
the environment in local conditions can be met only if the
If there is a failure to comply with another requirement of the standard of the quality of
environment, consider this fact in the integrated permit for the
provided that the purpose of this Act is reached under paragraph 1.
section 15a
The closure of the
(1) the obligatory conditions for operation on the complete cessation of operations
the device provides authority in integrated permits so as to ensure
compliance with paragraphs 2 to 5.
(2) the termination of the operation of the device must not be linked to the threat of
environment, and with the risk of higher levels of pollution. Operator
always be obliged to indicate the place of operation of the device to the State that will not be
pose no significant risk to human health or the
environment.
(3) a full closure of the operator of the establishment shall examine the
in particular, the State of soil and groundwater contamination by dangerous substances
used, produced or emitted by the device. If
device compared with the situation referred to in the basic message has caused significant
pollution of soil or groundwater to these dangerous substances, it does
the operator steps necessary to remove the pollution so that
the place was mentioned in a State that is described in the underlying message. For this
the purpose can be to take into account the technical feasibility of such measures.
(4) the operator of a cessation of operation of equipment in
If the pollution of the soil and groundwater at the site represents
a significant risk to human health or the environment as a result of
permitted activities carried out by the operator of the device prior to approval
the underlying message, shall take the necessary measures to eliminate, control,
isolation or reduce the amount of the relevant hazardous substances so as to
the place has ceased to represent the risk. In doing so, it is necessary to
take account of the current or approved future use of the site
and the characteristics of the status of the territory where the product is located.
(5) If the operator of equipment not covered by the obligation to draw up a
the basic message, the operator of a cessation of operation
the device measures necessary to eliminate, control, isolation or reduction
quantity of hazardous substances to the place already as a result of
soil and groundwater pollution caused by permitted activities
does not present any significant risk to human health or the
environment. In doing so, it is necessary to take account of the current or future approved
method of use of the location and characteristics of the status of the territory where the
equipment is located.
section 16 of the
The basic obligations of the operator
(1) the operator is required to
and operate) in accordance with the integrated permit issued pursuant to
This Act, including the conditions of operation of the equipment set out in the
operating systems and other documents adopted under the
the integrated permit,
(b) report of the Office) each planned change in use and traffic patterns
or a range of equipment that could have consequences for the
environment,
(c)) to prevent accidents, the report of the Office and the inspection of
all incidents, accidents and accident avoidance device ^ 8)
pollutants into the environment from your device to
serious impacts on the environment, and the violation of binding conditions
the operation set out in the integrated permit
(d)) in cases of emergencies, accidents, equipment and emergency response
^ 8) leakage of pollutants into the environment from the device, which
they have serious impacts on the environment, it shall immediately take the measures
to limit the impact on the environment and to prevent other potential
incidents or accidents,
e) in the case of violation of binding conditions of operation to take without delay
measures that will ensure in the shortest possible time, the correction of the condition
caused by the breach of these terms,
(f)) to keep a record of data on compliance with the conditions of the integrated permit in
accordance with section 16a para. 2.
(2) the operator shall not without valid integrated permit
to operate the equipment. This is without prejudice to the provisions of § 42 to 44.
section 16a
Fulfilment of the conditions of the integrated permit
(1) the operator shall be obliged to forward to the Office each year in
electronic form message with information about the fulfilment of the conditions of the integrated
authorization to the extent provided by the Office in the integrated permit pursuant to section 13
paragraph. 4 (b). k) (hereinafter referred to as the "report on the fulfilment of the conditions of the integrated
enable the "). If the operator has reported some of the same data
required to demonstrate compliance with the conditions of the integrated permit within
the fulfilment of reporting obligations under other legislation ^ 38)
through an integrated system of performance reporting obligations in
environmental ^ 39) or through a data box
the Ministry intended to fulfil the reporting obligations in the area of
the environment, it is sufficient to provide a link to these details.
(2) for the purposes of notification under paragraph 1, is the operator of a
required to keep records of the data on the implementation of the integrated permit conditions and
keep this record for a period of 5 years. When the keeping of the record on the implementation of
the integrated permit conditions can also use information collected on the
under other legislation ^ 38).
(3) to check compliance with the conditions of the integrated permit, the competent
the administrative authorities use the data reported by the operator of the device to the
under other legislation ^ 38) through an integrated
system of fulfilment of the reporting obligations in the field of
environment ^ 39) or through a data box of the Ministry specified
to the fulfilment of reporting obligations in the field of the environment.
(4) the pattern of reports on the implementation of the integrated permit conditions lays down
the implementing legislation.
title cancelled
§ 17
The transition of the integrated permit
The rights and obligations of the integrated permit shall pass to the legal
the successor operator of the device, and it is bound. Legal successor
is obliged to notify the transition of the integrated permit Office within 15 days from the
the effective date of the transfer or the transfer of rights and obligations under the Special
legislation. ^ 13)
section 18
Review of binding conditions of the integrated permit
(1) the authority shall carry out a review, at least every 8 years, that has not changed
the circumstances which may lead to the binding conditions of the integrated
the authorization.
(2) the authority shall review the final terms of the always of the integrated permit,
and) if it considers that there has been a serious infringement of the conditions of the integrated
the authorization,
(b)) if it finds that the operational safety of the process or the operation of the equipment
requires other techniques to be used,
c) if required by the change in emission limits or standards of quality
the environment made on the basis of other legislation ^ 6)
or other change in the special legislation ^ 6), which may have an impact on
obligatory conditions for operation defined in the integrated permit
(d)) where the environmental pollution resulting from the operation of the device
substantial, that significantly exceeds the standard of quality of the environment and
Unable to approach it differently than changing the binding conditions of operation
device, or
(e) if the Office) is used when determining the emission limits in accordance with § 14 of the procedure
paragraph. 4 (b). (b)) and monitoring results show that the emissions for the current
operating conditions exceeding the emission levels associated with the best
available techniques.
(3) the authority shall review all binding conditions of the integrated
the permit, if the published decision of the conclusions on the best
available techniques for the main activity of the facilities referred to in annex 1 to the
This Act. The review shall take account of any new or updated
conclusions on best available techniques applicable to the device,
which were adopted at European Union level in accordance with article 3(1). in article 13(3). 5
European Parliament and Council directive 2010/75/EU from granting an authorisation
or its most recent review. Authority, based on our review of the
ensure that the 4 years since the publication of the relevant conclusions on the best
available techniques were obligatory conditions for the integrated permit in
accordance with the conclusions on best available techniques and that the operator
the device was obliged to comply with these terms.
(4) If the device is not subject to any conclusions about the best
available techniques, the Office always examine the binding terms and conditions
the integrated permit, if developments in the best
available techniques a significant reduction in emissions.
(5) if the device has been granted an exemption from emission levels associated with the
best available techniques pursuant to § 14 para. 5, the Office is obliged to
assess the justification for the granting of this exemption under each review
binding conditions of the integrated permit, with the exception of the review
carried out pursuant to paragraph 2 (a). (c)), unless the reason for the change
emission limits or standards of environmental quality from
because of other changes to the specific legislation) ^ 6 can affect
the obligatory conditions for operation defined in the integrated permit, and
the review carried out on the basis of paragraph 6.
(6) the authority may make a review of the conditions of the integrated permit
and on the basis of the Declaration) device changes according to § 16 para. 1 (b). (b)),
(b)) based on the complaint of the inspection or the regional hygiene station, or
(c)) is in-place operation exceeded the long-term standard
the quality of the environment.
(7) the review of the mandatory conditions of the integrated permit shall be carried out
the investigation at the site of the operation of a device or the review of the documents submitted by the
the operator of the device, or other supporting documents relating to the
the mandatory conditions of the integrated permit. The Office's employees when
the review activities demonstrate the staff ID card, which is at the same time
proof of their credentials to perform the review.
(8) on the planned reviews, the results of the examinations,
imposed penalties and remedies shall inform the authority without delay
the inspection and the regional hygiene station. The authority may also inspect and
the regional hygiene station of the invite to the review.
(9) on the performance of the review activities are covered by the law on the control, if it is not in the
This Act provided otherwise ^ 42).
(10) the authority when reviewing the mandatory conditions of the integrated permit
It's relevant information obtained from monitoring or checks
made pursuant to this Act.
(11) the operator is required to submit, at the request of the authority, any
the information that is necessary to review the binding conditions
the integrated permit, including the results of monitoring of emissions and other
information permitting a comparison of the operation of the equipment with the best available
the techniques described in the relevant conclusions on the best available
techniques and with the emission levels associated with best available
techniques.
§ 19
On the basis of a review pursuant to section 18 of the Office is entitled to
and) save the plant operators perform measures within a reasonable period to
the remedy under section 19b paragraph 2. 1,
(b)) in the event that the device is operated in contravention of
the terms of the integrated permit, to decide on administrative offences
pursuant to § 37,
(c) the operator's device) within a reasonable period specified by the Office to
applying for an amendment of the integrated permit pursuant to section 19 para. 1,
(d) the operator of a device) issue a decision to limit or stop the
operation of the equipment or any part thereof under section 19b paragraph 2. 3-5,
e) initiate proceedings ex officio on the change of the integrated permit pursuant to §
19(a)(1). 3.
§ 19a
The procedure for change of the integrated permit
(1) if the authority based on the announcement of the planned changes to the unit pursuant to section
Article 16(1). 1 (b). (b)) or on the basis of the examination under section 18 and 19 to the conclusion
that this is a substantial change in the operation of the installation, it prompts the operator
device to the Office within a time limit which it shall fix, he handed the change request
the integrated permit, and may provide that formalities
the request is not required. The proceedings shall be treated similarly pursuant to § 3 to 15.
(2) the operator may under report of the planned changes in the
device pursuant to § 16 para. 1 (b). (b)) to submit a change request directly
the integrated permit. If the Bureau concludes that this is a
a substantial change in the device, in proceedings proceed by analogy with § 3
up to 15. If the Office considers that it is not a substantial change in
the device, continue with the procedure on an application referred to in paragraph 4 and the administrative
order ^ 40).
(3) if the authority based on the announcement of the planned changes in the device according to the
§ 16 para. 1 (b). (b)), which was not associated with a change request
the integrated permit referred to in paragraph 2 or on the basis of a review by the
section 18 and 19 to the conclusion that it is not a substantial change in the device, but that
It is necessary to make a change of the integrated permit, will decide on the change
the integrated permit in the proceedings ex officio.
(4) unless it is in accordance with the conclusion of the authority of a substantial change in the device are
participants in the proceedings about the change of the integrated permit brought under
paragraph 2 or 3 of the bodies referred to in § 7 para. 1 (b). and) and (b)) and in section 7 of the
paragraph. 2. the authority may require the operator of equipment additions
supporting documents necessary for the issue of the decision. The Office shall always requests
observations from the competent administrative authorities, the scope of the change
touches. The competent administrative authorities shall send to the Office of its observations within 15 days
from the date of receipt of the request for change of the integrated permit or notice of
the initiation of the change of the integrated permit ex officio. Change
Similarly, the authority shall publish the integrated permit pursuant to § 13 para. 9. the Office
the Ministry will send a change of the integrated permit within 7 days from the effective date
legal force of this change.
(5) if the operator of an installation in the context of the announcement of the planned changes in the
the device has filed a request for a change of the integrated permit and the authority finds
the reasons for the review of the mandatory conditions of the integrated permit pursuant to section 18 of the
paragraph. 6, the Office may suspend the proceedings for a review of the change
the integrated permit.
(6) change of equipment is always considered to be material in the case that
includes a derogation from the emission levels associated with best available
techniques in accordance with § 14 para. 5 the results of the review or
binding conditions carried out by the integrated permit pursuant to § 18 para.
2 (a). (d)). If the operator shall submit a separate application for devices
exemption under § 14 paragraph 2. 5, the procedure in the management of change
Similarly, the integrated permit pursuant to § 3 to 15.
(7) at the request of the operator, the authority has issued the full text of devices propositional
part of the integrated permit, as is apparent from the decision to change it.
The applicable text of výrokových is part of the issued integrated permit and
each decision to change it. Full text of propositional, the Office may
part of the integrated permit issued ex officio in connection with
the release of the decision to change the integrated permit. The full text of propositional
part of the integrated permit is published through the information
integrated prevention system.
§ 19b
Remedial measures and stop operation of the equipment
(1) in the event that the operator does not comply with the obligations laid down
of this Act or the integrated permit, the authority or inspection
entitled to save the plant operators to perform within a reasonable time
measures to remedy the situation. After a period of time-limits for the implementation of measures to remedy the
not apply to section 37 and 38.
(2) the administrative authorities referred to in paragraph 1 shall be entitled to save
the plant operators remedial measures, even if the operator
the device did not infringe the obligations established by this Act or an integrated
by allowing, in the case of an incident, accident or equipment
emergency evasion ^ 8) pollutants from the device to the
environments that have serious impacts on the environment.
(3) If the operator of a stored action to correct, within a specified
the time limit, the authority or inspection shall be authorized to issue a decision on
the limitation or cessation of operation of equipment or its parts.
(4) the authority shall be entitled to issue a decision on the limitation or cessation of operation
the device or its parts in the event that the operator does not give
within the time limit under section 19 (a). (c)) of the integrated change request
the authorization.
(5) the authority or inspection shall issue the decision to limit or stop the
operation of the equipment or part thereof, if the breach of the obligations laid down
This Act or integrated permit constitutes a danger that
an immediate, substantial negative environmental impact
environment. This decision may be issued even without the imposition of measures
to remedy the situation.
(6) the procedure under paragraphs 1 to 5, or inspection authority
provide that an appeal against a decision does not have suspensory effect.
The decision to limit or stop the operation of the device or its parts
shall not affect the legal effects of the conditions of the integrated permit pursuant to section 13
paragraph. 4 (b). (b)).
(7) the authority or an inspection saved according to the necessary measures to remedy the legal
the successors of the operator, who is not the author of a defective condition.
The obligations resulting from the corrective measures and the decision to limit or
stop operation of the equipment is stored by the plant operators
paragraphs 1 to 5 shall pass to his successors in title.
section 20
The demise of the integrated permit
(1) a permit shall expire upon termination of the Integrated operator without
legal successor.
(2) the Office shall decide on the revocation of the integrated permit ex officio or
at the request of the device when the
and cessation of operations) once the conditions were met for an integrated
authorisation linked to the closure device, or
(b)) non-use of the integrated permit without good reason for longer
than 4 years.
(3) the Office shall, at the request of the operator, the device shall decide on the exclusion of devices from
mode of this Act, if the operator of a sufficiently
the decline proves the capacity of the device below the relevant threshold
referred to in annex 1 to this Act. The parties on the issue of
This decision is the operator and owner of the establishment,
If it is not the operator of the device. In the decision, the Office shall indicate the enumeration
decisions, opinions, observations, and the consents referred to in specific legal
^ 6) legislation necessary for the continued operation of the equipment, that would otherwise be
replaced by the integrated permit. For each of these administrative acts
the authority assigns obligatory conditions for the integrated permit that to him
apply. At the same time, the Office for each group of binding conditions
the integrated permit States that are deleted at the date of acquisition of legal power
the relevant decision in accordance with the specific legislation ^ 6), or
the date of application of the decision pursuant to a special legal
prescription ^ 24), for which the basis of the relevant opinions, observations
or consents under special legislation ^ 6). The date of application of the legal
can the last of issued integrated permit decision ceases to exist.
(4) an application for an exemption from the device mode of this law may be filed and
the operator of a facility where there is no activity referred to in
Annex No. 1 to this Act. In the proceedings, proceed by analogy with the
to paragraph 3.
(5) the decisions referred to in paragraphs 2 and 3 shall be published by analogy pursuant to section 13
paragraph. 9.
section 20a
Merge integrated permits
(1) the authority shall, at the request of the operator of the device decides to merge the two or
more integrated permits into one of the integrated permit, if
the integrated permit issued for a facility operated by the same
the operator on the same site. Merge integrated permits
from the changes of one of the integrated permit, which merges
refers to, and the cancellation of other integrated permits.
(2) the parties to the merger integrated permits are entities
that were participants in the procedure for issuing integrated permits which
Merge refers to, or their successors in title. Decision on the application for
merge integrated permits shall be published in accordance with § 13 paragraph by analogy.
9.
Review
section 20b
(1) control, which conducts inspections under this law, includes
the performance of all activities, including spot checks on the operation of the equipment,
emissions monitoring and control of documentation and evidence authentication
custom monitoring, control techniques employed, and fitness management
operation of the equipment in terms of the environment, to be carried out with the aim of
control of dodržovaní of obligations laid down in this
by law or by the integrated permit, encourage dodržovaní these
obligations and, where necessary, monitor their impact on the
the environment.
(2) inspectors shall exercise control activities demonstrate proof of
the inspection, which is at the same time proof of their credentials to perform
checks.
(3) the control plan for the period handles calendar year. Plans
the controls apply to all equipment for which it was issued
the integrated permit under this Act.
(4) the control plan must at least include
and the assessment of the relevant major) General issues in the field of
environment,
(b)) the geographical area in which it applies,
(c)) the list of equipment to which it applies,
(d) drawing up the programmes) procedures for routine inspections pursuant to paragraph 5,
e) procedures for exceptional checks in accordance with paragraph 7.
(5) inspection on the basis of control plans periodically draw up programmes
common controls, including the determination of the frequency of checks at the premises of the various
types of equipment. The interval between two inspections on the spot shall be at the
the basis of a systematic risk assessment in the field of the environment for
the equipment concerned, while in the case of devices represent the highest
the risk must not be longer than 1 year, and in the case of a device to represent the
the lowest risk of longer than 3 years.
(6) when the systematic risk assessment in the field of the environment
always assess the
and the potential and actual impact) of the equipment on human health and
the environment taking into account the levels and types of emission, the sensitivity
the local environment and the risk of accidents,
(b) the history of compliance with the terms and conditions) of the integrated permit,
(c) the operator's facility in) the participation of the Community system for
eco-management and audit scheme (EMAS) ^ 41) or another system
environmental management.
(7) Special inspections shall be made in particular to the examination of
complaints relating to the environment and to investigate serious
accidents, incidents and cases of non-compliance with the requirements in
the environment, and, if necessary, even before the release of
the integrated permit, a review of binding conditions of the integrated
to enable or change the integrated permit. Exceptional checks can be
carried out also on the basis of the supervisory authority of the custom control
activity.
(8) If the inspection finds in the course of on-site inspections, serious
violation of binding conditions of the integrated permit, be made within 6 months
from this recurring inspections monitoring in place.
(9) following each inspection shall draw up an inspection next to
Protocol on the control of ^ 42) message that contains a description of the control
findings and conclusions about the possible additional measures (hereinafter referred to as "the report").
(10) a copy of the inspection report shall be sent to the operator of equipment within 2 months
Since the implementation of the performance of spot checks only if within this time limit was not
drawn up the Protocol on inspection.
(11) the Inspectorate shall publish a report through the information system
integrated prevention within 4 months from the date of the performance of checks on
place.
(12) inspection shall inform the authority and the regional hygiene station of
planned inspections and imposed fines and measures to remedy the situation.
§ 20 c
(1) the checking of compliance with the mandatory conditions set out in the integrated
authorization to protect public health in the area of protection from the adverse
the effects of noise, vibrations and non-ionizing radiation is performed by the regional
hygiene stations.
(2) the provisions of section 20b paragraph 1. 9 to 11 of the report of the inspection is to check the
carried out on the basis of this Act, the regional hygiene stations
shall apply mutatis mutandis.
(3) the regional hygiene station shall inform the inspection authority of the planned
inspections and penalties imposed.
TITLE III
cancelled
section 21
cancelled
section 22
cancelled
Article 23 of the
cancelled
section 24
cancelled
§ 25
cancelled
section 26
cancelled
TITLE IV
THE SYSTEM OF EXCHANGE OF INFORMATION ON BEST AVAILABLE TECHNIQUES
section 27 of the
(1) a system of exchange of information on best available techniques (hereinafter
"information exchange system") provide the Ministry, Ministry of
industry and trade and the Ministry of agriculture. On the system of exchange of
information is also involved in the Agency, regional authorities, civil
associations, generally beneficial companies, employers ' associations, and
Chamber of Commerce, whose main activity is the promotion and protection of
professional interests or public interests pursuant to specific legal
regulations.
(2) in the framework of the system for the exchange of the information Ministry, the Ministry of
industry and trade, the Ministry of agriculture for each category
the activities referred to in annex 1 to this Act and the cross-cutting areas
in accordance with its responsibilities, ensure
and) establishment and operation technical working groups,
b) translations of relevant documents of the European Union to the best available
techniques,
c) informing of the public authorities, operators of equipment and
the public on the best available techniques, and emerging
techniques.
(3) technical working group in its activities focus primarily on the
and monitoring best available techniques) in the appropriate area in the Czech
Republic and on the level of the European Union,
b) preparing of the conclusions on best available techniques and
reference documents on best available techniques,
(c) the provision of materials for the preparation of) the position of the United States when the
negotiations on the European Union level,
(d) professional quality translations) the evaluation of the conclusions on best available
techniques prior to their publication,
(e)) to monitor the development of emerging techniques.
(4) the Manager and the other members of the technical working groups appointed by the
the Ministry, the Ministry of industry and trade or the Ministry of
Agriculture according to their area of competence. Members of the technical working
groups can design all the participants the information exchange system referred to in
of paragraph 1.
(5) information on best available techniques and emerging
exposes the techniques on its website, the Ministry of
industry and trade.
§ 27a
The Ministry, the Ministry of industry and trade and the Ministry of
Agriculture in areas of its competence under this Act support
development and application of emerging techniques, in particular new
emerging techniques described in the reference document on the best
available techniques.
section 27b
(1) the Ministry provides the competent authorities of the European Commission in their
to the extent required and their format and in the required intervals
information to meet the requirements of European Union legislation in the field of
integrated pollution prevention and control ^ 1).
(2) the Ministry ensures the provision of information concerning integrated pollution prevention
and control of pollution and, in the case of other international obligations of the United
of the Republic.
(3) regional offices, inspection, Ministry of industry and trade,
The Ministry of agriculture, the Agency, the regional hygiene station and
the competent administrative authorities are required to provide on request
the Ministry of information.
TITLE V OF THE
PERFORMANCE OF STATE ADMINISTRATION
section 28
The State administration under this Act shall exercise
and) the Ministry,
(b)), the Ministry of industry and trade,
(c)), the Ministry of agriculture,
(d)), the Ministry of health,
e) regional offices,
f) inspection,
g) regional hygiene station ^ 19).
section 28a
(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of
the executing State administration under this Act
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1. and) are
and) the name or name, last name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(c)) date and place of death; in the case of the death of the data subject outside the United
Republic, date of death, place and the State on whose territory the death occurred;
If it is issued the Court's decision on the Declaration of death, the date that is in the
decisions listed as the day of death or the date on which the data subject
declared dead have survived, and the date of acquisition of legal power of this
the decision,
(d) the address of the place of stay)
e) nationality, or more of State citizenship.
(3) Information Provided pursuant to paragraph 1. (b)) are
and the name or names), surname, maiden name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(c) the social security number),
(d) the address of the place of residence),
e) nationality, or more of State citizenship.
(4) Information Provided pursuant to paragraph 1. (c)) are
and the name or names), surname, maiden name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
c) country of citizenship or more of State citizenship,
(d)) the type and address of the place of stay
(e)) the beginning of the stay, where appropriate, the date of their stay.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
section 29
The Ministry of
The Ministry of
and State supervision shall be exercised by the Chief) and is the central body of State administration
under this Act,
(b)) shall decide on the application for the issuance of the integrated permit for equipment
the operation of which may significantly affect the environment
of the State concerned,
(c)) shall decide on appeals against the decisions of the regional office,
(d)) decides on appeals against the decisions of the inspection,
e) reviews the binding conditions of the integrated permit for
a device whose operation can significantly affect the
the environment of the State concerned,
(f)) for the environmental effects of best available techniques for
the environment and in an area that is not within the competence of the Ministry of
industry and trade, the Ministry of agriculture or the Department of
health care, monitoring of the development of best available techniques
contained in the documents of the European Union, provides translations of these
documents, their publication and interpretation, provides the relevant activity
technical working groups and passes information about the development of best
available techniques,
g) evaluated in their scope of application of the best available
techniques and participates in the security information exchange system
the best available techniques,
(h)), together with the Ministry of industry and trade or the Ministry of
Agriculture in the area of their competence ensures the preparation of positions of the Czech
States of the conclusions on best available techniques,
and the results of the evaluation of the application) the best available techniques
competent administrative authorities and the competent authorities of the European Union and
He represents the Czech Republic in the Committee referred to in article. 75 directive of the European
Parliament and Council directive 2010/75/EU,
j) carry out methodological work in the field as defined by this Act,
to) perform the tasks arising from the relation to the European Union in the area defined
This Act, reports on the implementation of the relevant directives of the European Union
and coordinates the acceptance and the implementation of EU law in the area covered
This Act, in relation to the European Union ensures that the outputs from the system
Exchange of information on best available techniques, and the appointment of the members of the
the working groups set up under article 5(2). 13 directive of the European
Parliament and Council directive 2010/75/EU,
l) in case of doubt shall issue opinions to marshal the actions to
the scope of this Act,
m) manages the information system of the integrated prevention,
n) is the competent administrative authority for proceedings to devices on the territory
other States of the European Union within the scope of the directive of the European
Parliament and Council directive 2010/75/EU, the operation of which may significantly negatively
affect the environment of the Czech Republic,
about) in cooperation with the Ministry of industry and trade and the Ministry of
Agriculture coordinates and ensures the support and development of the newly
emerging techniques
p) in particularly complex cases may reserve the power to the Office
of first instance in proceedings for the issue of the integrated permit or his
change,
q) issued preliminary information about the request, according to § 3a for a device whose
the operation may significantly affect the environment of the
State,
r) leads the list of competent person under section 6; in cooperation with the
The Ministry of agriculture and the Ministry of industry and trade is performed by
verification of the performance of the competent person,
s) shall appoint a representative of the Czech Republic to the committees and commissions based on the
the basis of the provisions of the legislation of the European Union in the field of
integrated pollution prevention and control "^ 1") or on the basis of
the international conventions in this area, which the Czech Republic is bound,
t) approve the basic report pursuant to § 4a with equipment whose operation can
significantly affect the environment of the State concerned,
u) decide on administrative offences under section 37 for a device whose operation
may significantly affect the environment of the State concerned, and
about administrative offences pursuant to § 37 para. 3,
in) works with the Ministry of industry and trade on the publication of
information on best available techniques and emerging
techniques.
section 30
The Ministry of industry and trade
The Ministry of industry and trade
and category) for the activities listed in points 1 to 4, 6.1 to
6.3 and 6.7 to 6.10 in annex 1 to this Act monitor best
available techniques is contained in the documents of the European Union, ensures the
translations of these documents, exposes these documents, including their
interpretation to them, ensures the operation of the relevant technical working
groups, proposed members of the working groups set up under article 5(2). 13
European Parliament and Council directive 2010/75/EU and provides information
on the development of best available techniques,
b) is expressed in its scope [)] to appeal or to
the decomposition of the decision on the application for the issuance of the integrated permit,
(c)) shall assess within its area the application of best available
techniques and participates in the security information exchange system
the best available techniques,
(d)) in their area of competence, together with the Ministry ensures the preparation of the
the positions of the United States of the conclusions on best available techniques,
(e)), together with the Ministry of support and evaluation of new
emerging techniques
(f)) to the development of the Ministry provides incentives information system
integrated prevention,
g) cooperates with the Ministry within its jurisdiction when writing to
The list of competent person according to § 6, and performance verification function
competent person,
h) in cooperation with the Ministry and the Ministry of agriculture provides
publication of information on best available techniques and the newly
emerging techniques.
section 31
The Ministry of agriculture
The Ministry of agriculture
and) provides in its fields of competence, i.e.. in terms of best
available techniques for categories of activities 6.4, 6.5 and 6.6 referred to in
Annex No 1 to this law, the monitoring of these techniques is contained in the
documents of the European Union, provides translations of these documents
exposes these documents, including your interpretation to them, ensures
the activities of the competent technical working groups, proposes the members of the
the working groups set up under article 5(2). 13 directive of the European
Parliament and Council directive 2010/75/EU and provides information on the development of best
available techniques,
b) is expressed in its scope [)] to appeal or to
the decomposition of the decision on the application for the issuance of the integrated permit,
(c)) shall assess within its area the application of best available
techniques and participates in the security information exchange system
the best available techniques,
(d)) in their area of competence, together with the Ministry ensures the preparation of the
the positions of the United States of the conclusions on best available techniques,
(e)), together with the Ministry of support and evaluation of new
emerging techniques
(f)) to the development of the Ministry provides incentives information system
integrated prevention,
g) cooperates with the Ministry within its jurisdiction when writing to
The list of competent person according to § 6, and performance verification function
competent person,
h) cooperates with the Ministry of industry and trade on the publication of
information on best available techniques and emerging
techniques.
§ 32
The Ministry of health
The Ministry of health is expressed in its fields of competence to
appeal or to breakdown against a decision on an application for release
the integrated permit.
§ 33
The regional offices
Regional Office
and) decides on the application for the issuance of the integrated permit, with the exception
a device whose operation can significantly affect the
the environment of the State concerned,
(b)) reviews the binding conditions of the integrated permit, with the exception
the integrated permit for equipment whose operation can significantly
adversely affect the environment of the State concerned,
(c)) decides on administrative offences pursuant to § 37,
(d) the operator) calls for the submission of requests for extradition
the integrated permit or a request for a change of the integrated permit,
e) evaluates the application of best available techniques and passes information about the
the development of the relevant administrative authorities and participates in the exchange of
information on the best available techniques,
f) publishes decision on restricting or terminating the operation of the equipment or
parts of it under section 19b paragraph 2. 3-5,
(g)) is the administrative authority concerned in proceedings under this Act in the case of
a device whose operation can significantly affect the
the environment of the State concerned,
h) approve the basic report pursuant to § 4a,
I) imposes measures to remedy under section 19b paragraph 2. 1 and 2,
(j)) performs a local investigation in order to determine whether the device is
subject to have integrated permits,
the device at the request of the operator) issued preliminary information about the
the request pursuant to section 3a,
l) inform the Ministry about granting exemptions from the emission levels associated with the
best available techniques pursuant to § 14 para. 5,
m) exposes through the information system of integrated prevention
the information provided for by this Act,
n) provides the Ministry of stimuli to the development of the information system
integrated prevention,
about) is the institution concerned in land use and construction management and release
of occupancy under another law ^ 24), if the
the decision, opinions, representations or consents in accordance with special
^ 6) legislation, which are the basis for the issue of the territorial
the decision of the building permit or certificate of occupancy by another
^ Law 24), replaces the procedure in proceedings for the issue of
the integrated permit under this Act.
§ 34
Inspection
Inspection
and) checks the obligations set out in this Act and the duty of
provided for the integrated permit in the field of the environment,
(b)) restricts or halts the operation of the facility or part thereof pursuant to § 19b
paragraph. 3 or 5,
(c)) decides on administrative offences pursuant to § 37,
d) publishes reports from the inspections through the information system
integrated prevention,
e) imposes measures to remedy under section 19b paragraph 2. 1 and 2,
f) handles control plans for the calendar year under section 20b
paragraph. 3,
g) handles routine inspections under the programs section 20b paragraph 1. 5,
h) the Office shall inform the regional hygiene station and planned
inspections, imposed penalties and remedies.
§ 35
Regional hygiene station
The regional hygiene station
and) assessing the application in terms of public health protection in the area of
protection against the harmful effects of noise, vibrations and non-ionizing
radiation,
(b) the performance) checks the mandatory conditions set out in the integrated
authorization to protect public health in the area of protection from the adverse
the effects of noise, vibrations and non-ionizing radiation,
c) restricts or halts the operation of the device or parts of it, if the
his next operation occurred or is threatened with serious damage to health
the man because of the adverse effects of noise, vibrations and non-ionizing
radiation,
(d)) decides on administrative offences pursuant to § 37,
e) publishes reports of the controls in the information system of the integrated
prevention,
f) shall inform and inspection on the planned checks, and stored
fines.
section 36
cancelled
TITLE VI OF THE
ADMINISTRATIVE OFFENCES
§ 37
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur as an operator
equipment committing an administrative offense, by
and fails to comply with the obligation to) according to § 16 para. 1 (b). b) or c)
(b) shall be given in the request pursuant to) § 4 incorrect information which may affect the
the release of the integrated permit,
(c)) have not made a request for modification of the integrated permit within the time limit laid down
Office under section 19(a)(1). 1,
(d) does not report the Office data) fulfilment of the conditions of the integrated permit pursuant to
section 16a para. 1 or provides incomplete or incorrect data,
(e)) does not keep records of the data for reporting under section 16a, paragraph 2. 2,
(f)) has not taken measures to limit the impact on the environment and to prevent
other incidents or accidents, according to § 16 para. 1 (b). (d)),
or
(g)) has not taken measures to ensure redress situation due to a violation of the
mandatory conditions of service under section 16(1). 1 (b). (e)).
(2) a legal entity or individual entrepreneur, as the legal successor
operators of committing an administrative offense that fails to notify the Office of
the transition of the integrated permit pursuant to section 17.
(3) the competent person is guilty of an administrative offense, by
the Ministry has not notified the change of information contained in the certificate of execution
writing to the list of competent person according to § 6 paragraph 1. 8.
(4) a legal entity or individual entrepreneur as an operator
equipment committing an administrative offense that runs the device without
the integrated permit in force, without a final decision on the
significant change in the integrated permit or contrary to an integrated
the permit.
(5) a legal entity or individual entrepreneur as an operator
equipment committing an administrative offense, that does not make under section 19b paragraph 2.
1 or 2 measures to remedy or restrict or stop the operation of the
the device or its part under section 19b paragraph 2. 3, 4 or 5.
(6) an administrative offense shall be fined
and 2 0000 0000 Eur) to, in the case of an administrative offence under paragraphs 1 to 3,
(b)) to 10 0000 0000 CZK in the case of an administrative offence under paragraphs 4 and 5.
§ 38
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, to the manner of its perpetration, arising from or in
imminent harmful consequences in the environment or in
the area of human health and the duration of the infringement.
(3) If an administrative offence committed by the operator discussed devices
can be used on its proposal to stop the administrative proceedings, if the operator
device, ensure that the removal of the consequences of the breach of the obligation,
factual measures that prevent the further duration of the infringement or restoration
the State and the imposition of a fine, given the costs of the measures taken has led
to hardship. Due to the implementation of measures to prevent the emergence of
other adverse consequences can be administrative offense.
(4) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(5) administrative offences under this law are heard at first instance
inspections, or regional office. The competent authority for examination to the administrative
offense is the authority that initiates a procedure first. The Ministry of
discuss the administrative offence in the first degree, in the case of an administrative offence under the
§ 37 para. 3, or in the case of equipment whose operation can significantly
adversely affect the environment of the State concerned. Regional
hygiene station hears in first instance administrative offences according to the
This Act, with regard to the protection of public health in the area of protection against
the adverse effects of noise, vibrations and non-ionizing radiation.
(6) liability for the acts, which took place in the business
person ^ 21a) or in direct connection with it shall be subject to the provisions of
the law on liability of legal persons and sanctions.
(7) income from fines imposed on inspection and the regional hygiene station is
50% of the income of the State Environmental Fund of the Czech Republic and from the
50% of the income of the regional budget. Half of the income of these fines, which is
the intake of the regional budget is assigned intended to protect the
environment. The fine imposed on the regional authority selects and enforced by the regional office,
income from fines is the income of the region.
§ 39
cancelled
section 40
cancelled
§ 41
cancelled
TITLE VII
TRANSITIONAL, JOINT AND THE ENABLING PROVISIONS
Transitional provisions
§ 42
The operator of the device, for which submitted an application for a building permit under
special legal regulation ^ 24) 30. October 1999 and that the said
the operation to 30. October 2000, if he intends to operate the equipment
After 30. October 2007, is required to have integrated permission as of this date.
§ 43
The operator of a facility that
and) put into operation before the effective date of this Act and if the
at the same time it is not about the device referred to in section 42,
(b)) did not put into operation until the date of entry into force of this Act, for which the
However, the building permit has been issued under a special legal
prescription ^ 24)
shall within 3 months from the date of entry into force of this Act, the Office of the request for
the release of the integrated permit.
§ 44
(1) operators of equipment under section 42 and 43 are required in the application referred to in
paragraph 4 of the present list of all final decisions, opinions,
representation of and consents to be replaced by the integrated permit,
If the device were released under other legislation. ^ 6)
(2) the authority in the integrated permit pursuant to § 13 para. 3 for the establishment in
§ 42 and 43 shall state our opinion on the abolition of all final decisions,
opinions, observations, and the consents or parts that are replaced by the
the integrated permit.
(3) The date of entry into force of the Treaty of accession of the Czech
Republic to the European Union, the opinions expressed pursuant to § 8 paragraph. 2 send
only natural persons with permanent residence in the territory of the United States or
legal persons established in the territory of the Czech Republic.
Common provisions
§ 45
(1) a building permit under special legislation ^ 24) for
equipment [section 2 (a))] cannot be issued without a final integrated
the authorization.
(2) the operator who submitted the application for building permit for
device to 31. December 2002, and up to this date it has not been for a device
a building permit must specify, at the same time with the integrated permit
the proposal, on the basis of which it has to be started with the use of the construction works under
special legal regulation ^ 24). This proposal means an application for
permission to use the building, a premature request for consent to a test
operation and bringing the final building approval proceedings.
(3) change the device, which requires a change of the integrated permit, may
be carried out only on the basis of the legally approved changes
the integrated permit pursuant to § 19a. In the case that this is a change
the device, which requires a building permit, it shall proceed with the
Similarly, in accordance with paragraph 1. ".
§ 46
(1) decision, opinions, observations, and consents that were referred to in
special legislation ^ 6) issued or acquired legal force before the
the acquisition of legal power of zoning and planning decision or decisions on the determination of the
the total area under a special legal regulation, ^ 7)
the integrated permit not recoverable.
(2) when issuing integrated permit after the issuance of zoning and planning decision
or the decision on the determination of the total space ^ 7) Office is based on whether or not
decisions, opinions, observations and approvals, issued pursuant to the separate
Law ^ 6) which formed the basis for this decision.
(3) the obligations arising from the provisions of the special law ^ 6)
and administrative acts, which does not include the integrated permit, remain
the integrated permit.
(4) If this Act or the regulations issued for its implementation has not provided
otherwise, proceed under special legislation. ^ 6)
(5) the processing of personal data pursuant to this Act shall be governed by the
protection of personal data. ^ 26)
§ 47
The issue of the implementing legislation
The Ministry will issue a decree to implement section 4, paragraph 4. 3, section 4A(1). 2, section 14
paragraph. 5 and § 16a para. 4.
PART TWO
Amendment of the Act on waters
§ 48
In the Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
law), in § 126 the following paragraph 5 is added:
"(5) a judgment given pursuant to section 8 (2). 1, § 16 para. 1, § 17 para. 1, §
36, 37, § 39 para. 2 (a). and) and the statement according to § 18 para. 1, the
shall not grant under this Act, if the issue is replaced by
procedure in proceedings for the issue of the integrated permit under the law on
integrated pollution prevention and control, on the integrated registry
pollution and on amendments to certain acts (the Act on integrated prevention).
The other provisions of this Act are not affected. "
PART THREE
Amendment of the Act on the protection of agricultural land resources
§ 49
Law no 337/1992 Coll., on the protection of agricultural land resources in
amended by Act No. 10/1993 Coll., Act No. 98/1999 Coll. and Act No. 132/2000
Coll., in article 23 the following paragraph 5 is added:
"(5) the Consents referred to in § 7 para. 2 and 3, § 8 para. 3, § 9 para. 1 and 6
shall be issued under this Act if it is their issue, replaced by
procedure in proceedings for the issue of the integrated permit under the law on
integrated pollution prevention and control, on the integrated registry
pollution and on amendments to certain acts (the Act on integrated prevention).
The other provisions of this Act are not affected. "
PART FOUR
Amendment of the Act on forests
§ 50
Law no 289/1995 Coll., on forests, and amending and supplementing certain
laws (forest law), as amended by Act No 238/1999 Coll., Act No.
67/2000 Coll. and Act No. 129/2000 Coll., section 58 the following paragraph 4,
which reads as follows:
"(4) consent to decisions affecting the interests of the protected forest
law pursuant to § 14 para. 2, the decision to revoke the land intended for the
performance of the functions of the forest or on the restriction of the use of land for performance of the functions
the Woods according to § 16 para. 1, and the decision to change or cancellation of the decision on the
withdrawal of land filling of forest functions or on the restriction of the use of land for
performance of the functions of the forest in accordance with § 16 para. 4, shall be issued under this Act,
If the issue is replaced by the procedure in proceedings for the issue of
the integrated permit under the law on integrated pollution prevention and control
pollution, on the integrated pollution registry and amending certain
laws (the law on integrated prevention). The other provisions of this Act
This does not affect ".
PART FIVE
cancelled
§ 51
cancelled
PART SIX
Amendment of the Act on nature and landscape protection
§ 52
In Act No 114/1992 Coll., on nature and landscape protection, as amended by law
No 347/1992 Coll., Act No. 289/1995 Coll., Act No. 3/1997 Coll., Act
No 16/1997 Coll., Act No. 123/1998 Coll., Act No. 161/1999 Coll., Act
No 238/1999 Coll. and Act No. 129/2000 Coll., section 90 per paragraph 4
the following paragraph 5 is added:
"(5) permits for felling trees under section 8, or consent to the activity which
could reduce the landscape character under section 12, shall be issued in accordance with this
the law, if their release is replaced by the procedure in proceedings for the issue of
the integrated permit under the law on integrated pollution prevention and control
pollution, on the integrated pollution registry and amending certain
laws (the law on integrated prevention). The other provisions of this Act
This does not affect ".
Paragraphs 5 to 11 are renumbered 6 to 12.
PART SEVEN
Amendment of the Act on waste
§ 53
Act No. 185/2001 Coll., on waste and amending certain other
laws, in section 82 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the consent to operate the equipment in accordance with § 14 para. 1, § 16 para. 3 and
representation in accordance with § 79 paragraph 2. 5 (b). b) to (e)) shall be issued in accordance with this
the law, if their release is replaced by the procedure in proceedings for the issue of
the integrated permit under the law on integrated pollution prevention and control
pollution, on the integrated pollution registry and amending certain
laws (the law on integrated prevention). The other provisions of this Act
This does not affect ".
PART EIGHT
Change the Spa Act
§ 54
In Act No. 164/2001 Coll., on the natural medicinal resources, resources
natural mineral water, natural healing baths and Spa
places and amending certain related laws (the Spa Act), in
§ 37 the following paragraph 5 is added:
"(5) and in protection zones on the territory of the Spa places with the consent of the
the Ministry referred to in paragraph 2 (a). and), c), (d)), e), (f)), and (h)) and by
paragraph 3 shall not issue under this Act, if the release is replaced by
procedure in proceedings for the issue of the integrated permit under the law on
integrated pollution prevention and control, on the integrated registry
pollution and on amendments to certain acts (the Act on integrated prevention).
The other provisions of this Act are not affected. "
PART NINE
Amendment of the Act on veterinary care
section 55
In the Act No. 167/1999 Coll., on health care and on amendments to certain
related laws (health law), as amended by Act No. 29/2000
Coll., Act No. 155/2000 Coll. and Act No. 102/2001 Coll., inserted after section 77
the new section 77a is inserted:
"§ 77a
The State Veterinary Administration issued permit to operate a rendering
the undertaking pursuant to section 48 (a). l) and binding opinion of the Veterinary Administration
issued as background in land use, construction and management, kolaudačním
refers to the buildings and equipment which are intended for animal husbandry, to the treatment
are animal products and feed or to the storage, collection, removal,
the disposal and processing of animal carcases
origin, if these activities are carried out business in a way
as well as the buildings that will be used as a shelter for the animals, according to the SEC.
56, shall be issued under this Act if it is their issue, replaced by
procedure in proceedings for the issue of the integrated permit under the law on
integrated pollution prevention and control, on the integrated registry
pollution and on amendments to certain acts (the Act on integrated prevention).
The other provisions of this Act are not affected. "
PART TEN
Amendment of the Act on the protection of public health
§ 56
In Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended by Act No. 254/2001 Coll. and
Act No. 273/2001 Coll., section 81 the following paragraph 3 is added:
"(3) the regional hygienikovi also belongs to the permission to lay down binding
the conditions of operation of the source of the noise or vibration, if you cannot comply with
limits and if the operation of the device in accordance with the law on integrated
pollution prevention and control, on the integrated pollution registry and
on amendments to certain acts (the Act on integrated prevention). In this
the case shall not be issued an authorisation pursuant to § 31 para. 1. ".
PART ELEVEN
Amendment of the Act on administrative fees
§ 57
In Act No 368/1992 Coll., on administrative fees, as amended by Act No.
10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll., Act No.
273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll., Act No.
160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll., Act No.
305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll., Act No.
167/1999 Coll., Act No. 222/1999 Coll., Act No. 326/1999 Coll., Act No.
353/1999 Coll., Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act No.
363/1999 Coll., Act No. 62/2000 Coll., Act No. 121/2000 Coll., Act No.
133/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
154/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act No.
227/2000 Coll., Act No. 242/2000 Coll., Act No. 242/2000 Coll., Act No.
307/2000 Coll., Act No. 367/2000 Coll., Act No. 140/2001 Coll. and act
No. 231/2001 Coll., on administrative fees tariff, annexed to the
Act No. 368/1992 Coll., 131 for the item following item 131d, which
added:
"131d Entry
and) request a permit for integrated device
referred to in annex No. 1 of the law on integrated
$ 30 0.0-prevention
(b)) issue of the decision to change the integrated permit
When a significant change in the equipment referred to in annex
No. 1 of the law on integrated prevention $ 10 0.0-
(c) the Release of the integrated permit) or changes in the
significant change in the equipment not listed in annex No.
1 of the law on integrated prevention of CZK 5 0.0-
Mandate:
The administrative authority shall refrain from charging a fee if a change request
the integrated permit filed his challenge in accordance with § 19 para. 2
(a). (b)) of the law on integrated prevention.
Notes:
1. the administrative authority in respect of the fees payable under paragraph (a)) of this item for
submission of the application for the integrated permit for the operation of devices that
are listed in annex No. 1 of the law on integrated prevention,
and (b)) this item, if the decision to change
the integrated permit when the significant change of equipment referred to
in annex No. 1 of the law on integrated prevention.
2. the administrative authority shall levy the fee referred to in subparagraph (c)) of this item,
If the integrated permit for the operation of devices not covered by
in annex No. 1 of the law on integrated prevention, or issues a
the decision to change the integrated permit when the significant change in the
device not listed in annex No. 1 of the law on integrated
prevention. ".
PART TWELVE
The EFFECTIVENESS of the
§ 58
This Act shall take effect on 1 January 2000. in January 2003, with the exception of the provisions
§ 5 and 6, which will become effective on the date of publication.
Klaus r.
Havel, v. r.
Zeman in r.
Č. 1
Categories of activities
1. energy
1.1. Combustion of fuels in installations with a total rated thermal
input of 50 MW or more.
1.2. mineral oil and gas Refining.
1.3. Coke.
1.4. The gasification or liquefaction
a) hard coal,
(b)) other fuels in installations with a total rated thermal input of 20
MW or more.
2. production and processing of metals
2.1. metal ore roasting or sintering installations including sulphide ore.
2.2. production of pig iron or steel primary or secondary
raw materials, including continuous casting, with a capacity exceeding 2.5 tonnes per
an hour.
2.3. Processing of ferrous metals
and the operation of the rolling mills by heat) with a capacity exceeding 20 tonnes of crude steel per
an hour,
(b)) the operation of forges with hammers the energy of which exceeds 50 kilojoules per hammer,
where is the heat output of more than 20 MW,
(c) application of protective coatings) of molten metal is processed
exceeding 2 tonnes of crude steel per hour.
2.4. ferrous metal foundries Operation with a production capacity exceeding 20 t
daily.
2.5. Processing of non-ferrous metals
and non-ferrous) manufacture of crude metals from ore, concentrates or secondary
raw materials by metallurgical, chemical or electrolytic processes,
b) smelting, including casting alloys, non-ferrous metals, including
recovered products and the operation of a non-ferrous metal foundries with a capacity
melting more than 4 tons per day for lead and cadmium or 20 tonnes per day for all
other metals.
2.6. Surface treatment of metals and plastic materials using
electrolytic or chemical process where the contents of the Spa more than
30 m3.
3. Mineral processing
3.1. the manufacture of cement, lime and magnesium oxide
and the production of cement clinker) in rotary kilns with a production capacity
more than 500 t per day or in other furnaces with a production capacity greater
than 50 t per day
b) manufacture of lime in kilns with a production capacity exceeding 50 tonnes per day
c) production of magnesium oxide in furnaces with a production capacity exceeding 50 tonnes
per day.
3.2. production of asbestos or asbestos-based products.
3.3. the Manufacture of glass including glass fibre, of melting capacity exceeding
20 t per day.
3.4. melting of raw materials, including the production of mineral fibres,
melting capacity exceeding 20 tonnes per day.
3.5. Manufacture of ceramic products by firing, in particular roofing tiles,
bricks, refractory bricks, tiles, stoneware or porcelain on
production capacity greater than 75 tonnes per day, and/or with a kiln capacity greater than
4 m3 and with a charge greater than the density of 300 kg/m3 on a furnace.
4. Chemical Industry
The categories of activities contained in this section is producing means the production
substances or groups of substances listed in sections 4.1 to 4.6 on the basis
chemical and biological processes on an industrial scale.
4.1. production of organic chemicals, such as
and) Simple hydrocarbons linear or cyclic, saturated or
unsaturated, aliphatic or aromatic,
(b) Oxygen-containing hydrocarbons) as alcohols, aldehydes, ketones,
carboxylic acids, esters and blends of esters, acetates, ethers, peroxides
and epoxy resin,
c) organic sulphur compounds,
d) organic compounds of nitrogen, such as amines, amides, nitroderiváty,
nitriles, cyanates, isocyanates,
e) organophosphorus compounds,
f) halogenic hydrocarbons,
g) organometallic compounds
h) polymers designed as raw materials for further processing, synthetic
fibres and cellulose-based fibres,
I) synthetic rubbers,
j) dyes and pigments,
to) of a surfactant.
4.2. production of inorganic substances, such as
a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride,
carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide,
Carbonyl chloride,
b) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid
phosphoric, nitric acid, hydrochloric acid, sulphuric acid,
oleum, sulphurous acid,
(c)) principles, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,
d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate,
sodium carbonate, perborate, silver nitrate
e) non-metals, metal oxides or other inorganic compounds such as carbide
calcium, Silicon, Silicon Carbide.
4.3. the fertiliser production of phosphorous-, nitrogen-or potassium,
simple or compound fertilizers.
4.4. production of plant protection products or biocides.
4.5. the manufacture of pharmaceutical products, including intermediate products.
4.6. Manufacture of explosives.
5. Waste Management
5.1. the disposal or recovery of hazardous waste in the capacity of more
than 10 t per day and involving at least one of these activities
and) biological treatment,
b) physico-chemical treatment,
c) blending or mixing prior to initiating some of the other activities
referred to in points 5.1 and 5.2,
d) repackaging before some of the other activities referred to
in points 5.1 and 5.2,
e) recovery or regeneration of the solvent
f) recycling or recovery of inorganic materials other than metals
or compound metals;
g) recovery of acids or bases,
h) recovery of components used for pollution abatement,
I) recovery of components from catalysts,
j) oil re-refining or re-use, other oils
k) saving surface impoundment.
5.2. The disposal or recovery of waste in facilities intended for heat
waste processing ^ 28)
and) when capacity exceeding 3 tonnes per hour in the case of other waste
(b)) when the capacity of more than 10 t per day in the case of hazardous waste.
5.3.
and other waste Removal) with a capacity exceeding 50 tonnes per day
comprising at least one of the following activities, with the exception of cleaning
of urban waste water
1. biological treatment,
2. physico-chemical treatment,
3. pre-treatment of waste for heat treatment,
4. treatment of slag and ash
5. edit the drtičkách metal waste, including waste electrical and
electronic equipment, end-of life vehicles and their
part of it;
(b) the use of, or the use of combined) with the removal of other than
hazardous waste, while the capacity of greater than 75 tonnes per day, and includes
at least one of the following activities, with the exception of the urban
waste water treatment plants
1. biological treatment,
2. the pretreatment of waste for heat treatment,
3. adjustment of slag and ash
4. edit the drtičkách metal waste, including waste electrical and
electronic equipment, end-of life vehicles and their
part of the.
If it is only used in the activities of the treatment of waste anaerobic digestion,
the threshold for a capacity of 100 t in this activity for the day.
5.4. Landfills receiving more than 10 tonnes of waste a day or have a
a total capacity exceeding 25 000 tonnes, excluding landfills of waste
inert waste.
5.5. storage of hazardous waste, which are covered by section 5.4, before
performing the activities referred to in points 5.1 and 5.2 of the total volume
more than 50 tonnes, with the exception of the gathering before the collection to the point where
waste arises.
5.6. Underground storage of hazardous waste with a total capacity of more than
50 t.
6. other industrial activities
6.1. Industrial production
a) pulp from timber or other fibrous materials
b) paper and Board, with a production capacity exceeding 20 tonnes per day
(c)) of one or more the following types of wood-based panels: boards
chip-oriented, particle board or Fiberboard, when
production capacity exceeding 600 m3 per day.
6.2. the pretreatment, operations such as washing, bleaching, mercerization or dyeing
textile fibres or textiles when the treatment capacity exceeds 10 t per
day.
6.3. Making leather and fur in the processing capacity of more than 12
t of finished products per day.
6.4.
and the slaughterhouse with a capacity of slaughter) of more than 50 t carcasses
daily,
b) treatment and processing, other than exclusively packaging, the following raw materials,
and that's regardless of whether they were or were not previously processed, for the purpose of
the production of food or feed
1. only from raw materials of animal origin (other than exclusively milk) when
production capacity greater than 75 tonnes per day,
2. only from raw materials of plant origin when production capacity exceeding
300 t/day, or if there is no year in continuous operation after
For more than 90 consecutive days, 600 t per day
3. from the raw materials of animal and vegetable origin, in the form of combined
or separate products, production capacity in tonnes per day more
than
-75, if A is 10 or more, or
-[300-(22.5 x A)] in all other cases, where "A" is the proportion of
material of animal origin in percentage by weight of the production
capacity.
In the final weight of the product, the weight of packaging.
This subsection shall not apply if the raw material milk only.
c) treatment and processing of milk only to be removed when the capacity of milk
than 200 t per day on average for the year.
6.5. The removal or the processing of animal by-products
the origin and the waste of animal origin, where the treatment capacity exceeds 10 t
per day.
6.6. the intensive rearing of poultry or pigs
and) with space for more than 40 000 birds,
(b)), with space for more than 2 000 pieces of pigs over 30 kg,
or
(c)) with space for more than 750 places for sows.
6.7. surface treatment of substances, objects or products using
organic solvents, in particular for dressing, printing,
coating, degreasing, waterproofing, edit, editing, painting,
cleaning or impregnating, with a power consumption of organic solvents of higher
than 150 kg per hour or more than 200 tonnes per year.
4.2. production of carbon hard-burnt coal or
electrographite by firing or graphitisation.
6.9. Capture of carbon dioxide from installations covered by the
the law on integrated prevention, with a view to saving nature
rock structures under another law ^ 27).
6.10. the preservation of wood and wood products, chemicals at
production capacity exceeding 75 m3 per day, other than the mere treatment against
colour white.
6.11. Separately carried out by sewage treatment, which are not
urban waste water, and which are released by the device on which the
covered by this law.
Note:
The threshold values given are generally given in relation to the projected
or production capacity or another output of industrial activity. If
in the same facility operated by a few of the activities that fall under the same
description of the activities involving the threshold value, the capacities of such
activities are added together. With respect to activities in the area of waste management,
It shall apply this calculation to the level of activity of 5.1, 5.3 (a). and) and 5.3
(a). (b)).
Č. 2
List of the main polluting substances to the setting of emission limits
AIR
1. sulphur dioxide and other sulphur compounds.
2. Oxides of nitrogen and other nitrogen compounds.
3. Carbon monoxide.
4. Volatile organic compounds.
5. Metals and their compounds.
6. Solid pollutants including fine particles.
7. Asbestos (suspended particulates, fibres).
8. Chlorine and its compounds.
9. Fluorine and its compounds.
10. Arsenic and its compounds.
11. Cyanides.
12. Substances and mixtures, in which it was proven that the air
to possess carcinogenic or mutagenic properties or properties which may
affect reproduction.
13. Polychlorinated Dibenzodioxins and polychlorinated dibenzofurans.
WATER
1. Organohalogen compounds and substances which may form in aqueous
the environment of these compounds.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances and mixtures, in which it was shown that in the aquatic environment or
When you transfer the aquatic environment have carcinogenic or mutagenic effects
or properties which may affect reproduction.
5. Persistent hydrocarbons and persistent and toxic bioakumulovatelné
organic substances.
6. Hydrogen cyanide.
7. Metals and their compounds.
8. Arsenic and its compounds.
9. Biocides and plant protection products.
10. materials in suspension.
11. Substances which contribute to eutrophication (in particular, nitrates and
phosphates).
12. substances which have an adverse effect on the oxygen balance (and can be
measured by BOD-biochemical oxygen demand, cod-chemical
oxygen consumption, etc.).
13. Substances listed in annex No 6 to Government Regulation No. 61/2003 Coll.
indicators and values of allowable pollution of surface water and
waste water, the terms of authorisation for the discharge of effluent into the waters
surface water and in sewage systems and on sensitive areas, as
amended.
Č. 3
Criteria for the determination of best available techniques
1. the use of low-waste technology.
2. the use of less hazardous substances.
3. the promotion of recovery and recycling of substances generated or
used in the process, and, where appropriate, use and recycling
waste.
4. Comparable processes, facilities or methods of operation which have been
tried with success on an industrial scale.
5. Technical progress.
6. the nature, effects and volume of the emissions concerned.
7. the date of the launch of new or existing facilities into operation.
8. the time needed to introduce the best available technique.
9. the consumption and nature of raw materials (including water) used in the technological
process and energy efficiency.
10. the need to prevent or reduce the overall impact of the emissions on the
the environment and the risks associated with them to a minimum.
11. The need to prevent accidents and to minimize their consequences for the
the environment.
12. The information published by international organisations.
Selected provisions of the novel
Article II of Act No. 222/2006 Sb.
Transitional provisions
1. the procedure for the issue of the integrated permit, which has not been lawfully
completed before the effective date of this Act shall be completed according to the existing
legislation.
2. The proceedings for administrative offences and the unfinished before the date of the acquisition of
the effectiveness of this law shall be completed in accordance with the existing legislation.
section 12 of Act No. 25/2008 Sb.
Transitional provision
The user of the registered substance referred to in section 22 of the law on integrated
the prevention, in the version in force until the date of entry into force of this Act,
the obligation to the extent provided in section 22 of the law on integrated
the prevention, in the version in force until the date of entry into force of this law, for the
year 2007 until 31 December 2007. in March 2008 and for the year 2008 to 31. March 2009;
the operator under § 3 para. 1 (b). and the law on integrated registry)
pollution of the environment and integrated system performance
reporting obligations in the field of the environment and amending
Some laws shall carry out the obligation as a registered user
agents only to the extent that it extends the obligation according to
European Parliament and Council Regulation (EC) No 166/2006
establishment of a European pollutant release and transfer of pollutants and which
the Council amending Council Directive 91/689/EEC and 96/61/EC.
Article. (II) Act No. 69/Sb.
Transitional provisions
1. On the device put into service prior to 7. 1 January 2013, the device for
which has been issued a final integrated permit, or
the operators have filed a full application for the release of the integrated permit before
7. before 1 January 2013 and which was put into operation no later than 7. January
2014, to 7. January 2014, unless otherwise provided for in paragraph 2, the
Act No. 76/2002 Coll., in the version in force until the date of entry into force of this
the Act, in respect of facilities, which are operated by the activities referred to
in annex No. 1 to the law No. 76/2002 Coll., in the version in force from the date of acquisition
the effectiveness of this law, sections
and with the exception of) 1.1 combustion of fuels in installations with a total rated
thermal input of 50 MW,
(b)) 1.2 and 1.3
(c)) 1.4 (a). and)
d) 2.1 to 2.6,
(e)), 3.1 to 3.5
f) 4.1 to 4.6 with the exception of the production on the basis of biological processes,
g) 5.1 with the exception of the activities referred to under (e)), h) and k),
h) 5.2 (a). and) except for the disposal or recovery of waste in
devices intended for the thermal treatment of waste in the capacity of more
than 3 tonnes per hour, unless it is solely about the recovery or disposal
municipal waste,
I) 5.3 (a). and podbodech 1 and 2),
j) 5.4,
k) 6.1. and) and (b)),
l) 6.2 and 6.3,
m) 6.4 (a). and)
n) 6.4 (a). (b) of subsection 1,)
about 6.4 (b).) (b) of subsection 2 with the exception of) activities carried out by the
devices that are not any year in continuous operation for a longer period
than 90 consecutive days, and whose production capacity is greater than 600
t per day and at the same time does not exceed 300 t per day on average in the quarter,
p) 6.4 (a). (c)), and
q) 6.5 to 6.9.
2. The device referred to in point 1 to 7. provisions shall apply from 1 January 2014
section 2 (a). a), (d)), g) and (h)), section 3 (2). 1 and 4 to 6, section 3a, § 4, paragraph 4. 1
(a). and), (c)), f), (g)), l) and p), section 7 (2). 1, § 8 para. 2, § 11 and 12, §
in article 13(3). 1, § 13 para. 2 (a). and) and c) to (e)), § 13 para. 4 (b). (d)), and
(h)), § 13 para. 6 to 11, § 16 para. 1 (b). and), § 17, § 18 para. 6-8,
section 19 (a). (b)), and (e)), section 19(a)(1). 1 to 5 and paragraph 2. 7, section 20, 20a, § 37 para.
2, 4 and 6, § 38 paragraph 1(a). 3, 5 and 7 and § 45 para. 3 of Act No. 76/2002 Coll., on
the version in force from the date of entry into force of this Act.
3. Operators of equipment in which they operate the activities referred to in
Schedule 1 to the Act No. 76/2002 Coll., in the version in force from the date of acquisition
the effectiveness of this law, which was put into operation 7. January
2013 and are not covered by paragraph 1, are required to have for this device
at the latest by 7. July 2015, the integrated permission according to § 13 para. 3
Act No. 76/2002 Coll., in the version in force from the date of entry into force of this
the law, if they intend to operate these devices after the 7. July 2015.
4. Operators referred to in point 1, who are required to
to ensure the processing of basic messages under section 4A(1). 1 of law No.
76/2002 Coll., in the version in force from the date of entry into force of this Act,
the authority shall submit the basic message for approval in the first proceedings of the
change of the integrated permit pursuant to section 19a of Act No. 76/2002 Coll., on
the version in force from the effective date of this Act, which will begin after
7. January 2014.
5. the operators referred to in point 3, who are required to
to ensure the processing of basic messages under section 4A(1). 1 of law No.
76/2002 Coll., in the version in force from the date of entry into force of this Act,
the basic message of the Office shall submit for approval as part of the application for
the release of the integrated permit.
6. entries to the list of competent person made before the acquisition
the effectiveness of this Act pursuant to section 6 (1). 2 of the Act No. 76/2002 Coll., on
the version in force until the date of entry into force of this Act, the Ministry of
in agreement with the Ministry of industry and trade or the Ministry of
Agriculture according to their field of activity within 2 months from the date of acquisition
the effectiveness of this law in accordance with the annex No. 1 to the law No. 76/2002
Coll., in the version in force from the date of entry into force of this Act, and shall give
a technically competent persons, a new certificate of registration in the list of professional
eligible persons according to § 6 paragraph 1. 2 of the Act No. 76/2002 Coll., as amended by
effective from the date of entry into force of this Act. By the time of the issue of new
a certificate of registration to the list of competent person remain in
validity of the certificate issued on the basis of entries in the list of professional
eligible people made prior to the entry into force of this Act pursuant to
§ 6 para. 2 of the Act No. 76/2002 Coll., in the version in force before the date of application
the effectiveness of this Act.
7. the procedure, which has not been lawfully terminated before the date of entry into force of
This Act shall be completed according to the existing legislation.
1) European Parliament and Council Directive 2010/75/EU of 24 October.
November 2010 on industrial emissions (integrated pollution prevention and control
pollution).
2) Law No. 17/1992 Coll., on the environment, as amended
regulations.
Act No 100/2001 Coll., on the assessment of the effects on the environment and on the
changes to some related laws (Act on environmental impact assessment
the environment).
3) Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended.
4) Law No 153/2000 Coll., on the use of genetically modified
organisms and products and amending certain related laws.
5) for example, Act No. 17/1992 Coll., Act No. 114/1992 Coll., on the protection of
nature and the countryside, as subsequently amended, Act No. 254/2001 Coll.
about the waters and on amendments to certain acts (the Water Act), Act No. 258/2000
Coll., on the protection of public health and amendment to certain related
laws, as amended, law No 164/2001 Coll., on the
natural medicinal resources, sources of natural mineral waters,
natural healing spas and Spa areas and amending certain
related laws (the Spa Act).
6) for example, Act No. 201/2009 Coll., on the protection of the atmosphere, law No.
254/2001 Coll. on waters and on amendments to certain acts (the Water Act), in
as amended, Act No. 185/2001 Coll., on waste and amending
some other laws (the law on waste), as amended
legislation, Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended, law No.
164/2001 Coll., on the natural medicinal resources, natural resources
mineral water, natural healing Spa and bathing places and
changes to some related laws (the Spa Act), as amended by
amended, law No 166/1999 Coll. on veterinary care and
changes to some related laws (health law), as amended by
amended.
7) Act No. 44/1988 Coll., on the protection and utilization of mineral resources
(Act), as amended.
8 for example, § 2 (b)). e) Law No 59/2006 Coll. on the prevention of major
accidents caused by selected hazardous chemicals or
chemical preparations and amending Act No. 258/2000 Coll., on the protection of
public health and amendment to some related laws, as amended by
amended, and Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices, in
as amended, (the Act on the prevention of major accidents), section 40 and
41 of Act No. 254/2001 Coll., as amended by Act No 150/2010 Sb.
10) for example, the Act No 100/2001 Coll., Act No. 114/1992 Coll., Act No.
353/1999 Coll.
11) § 2 (b). r) Act No. 367/2000 Coll., on information systems
public administration and on the amendments to certain other laws.
12) for example, law No. 20/1987 Coll. on State heritage preservation, as amended by
amended, Act No 301/1992 Coll., on the Czech Chamber of Commerce
Republic and agricultural Chamber of the Czech Republic, as amended
legislation, law No. 17/1992 Coll.
13) for example, commercial code, law No. 101/2000 Coll., on the protection of
personal data and on amendments to certain laws, as amended
regulations.
14A) Act No. 695/2004 Coll., on conditions for emission trading
greenhouse gas emissions and on amendment to certain laws.
15) for example, Act No. 123/1998 Coll., on the right to information on the
the environment, as amended by Act No. 132/2000 Sb.
16) for example, Act No. 157/1998 Coll., on chemical substances and chemical
preparations and amending certain other acts, as amended
legislation, Act No. 185/2001 Coll., Act No. 309/1991 Coll.
17) Law No 97/1974 Coll. on archives, as amended.
18) for example, the European Commission decision 2000/479/EEC on the implementation of the
The European pollution emission register in accordance with article 15 of Council directive
96/61/EC concerning integrated pollution prevention and control.
19) § 82 of Act No. 258/2000 Coll.
20) § 87 and 88 of the Act No. 258/2000 Coll.
21) Act No. 553/1991 Coll. on State control, as amended
regulations.
21a) § 2 (2). 2 of the commercial code.
24) Act No. 183/2006 Coll., on zoning and the building code
(the building Act), as amended.
25) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.
26) Act No. 101/2000 Coll., as amended.
27) Act No. 85/2009 Coll., on carbon sequestration in natural
rock structures and on amendment to certain laws.
28) section 2 (a). o) Act No. 201/2009 Coll., on the protection of the atmosphere.
29) section 139 of the Act No. 500/2004 Coll., the administrative code.
30), for example, Appendix No. 1 to the Act No. 254/2001 Coll., as amended by Act No.
20/2004 Coll. and Act No. 150/2010 Sb.
31) Act No. 62/1988 Coll., on geological works, as amended
regulations.
for example, 32) Law No 59/2006 Coll. as amended, Act
No. 254/2001 Coll., as subsequently amended, Act No. 92/1991 Coll., on the
the conditions of the transfer of assets to other persons, as amended
legislation, Decree No. 17/2009 Coll., on the detection and correction of environmental
the injury on land, Decree No. 450/2005 Coll., on the elements of the management of
objectionable substances and elements of the emergency plan, the mode and scope
reporting of accidents, their disposal and disposal of harmful
the consequences, as amended by Decree No. 175/2007 Coll. and Decree No. 369/2004
Coll., in the planning, implementation and evaluation of geological work,
notification of risk geofaktorů and on the procedure for the calculation of stocks
deposits, as amended by Decree No. 18/2009 Sb.
33) section 3 of the Act No. 367/2000 Coll., on public administration information systems
and amending certain other acts, as amended.
34) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
35) 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
amendments to certain laws (law on the recognition of professional qualifications), as amended by
amended.
36) for example, Decree No. 415/2009 Coll., on permissible pollution level
and its discovery and to make some other provisions of the law on
protection of air, Government Regulation No. 61/2003 Coll., on indicators and
values for the permissible contamination of surface water and waste water,
terms of authorisation for the discharge of waste water into surface water and
in sewage systems and on sensitive areas, as amended,
Decree No 291/2002 Coll., on fees for discharge of waste water into the
water surface, as amended.
37) Act No. 258/2000 Coll., as amended.
for example, 38) Act No. 201/2009 Coll., on the protection of the atmosphere, law No.
254/2001 Coll., as subsequently amended, Act No. 185/2001 Coll., on
as amended, Act No. 25/2008 Coll., on an integrated
registry of environmental pollution, and integrated system performance
reporting obligations in the field of the environment and amending
certain acts, as amended.
39) § 4 of law No. 25/2008 Coll., on integrated pollution registry
the environment and integrated system of performance reporting
obligations in the field of the environment and amending certain acts, in
amended by Act No. 77/2010 Sb.
40) Act No. 500/2004 Coll., as amended.
41) European Parliament and Council Regulation (EC) No 1221/2009 of 25 June.
November 2009 on the voluntary participation by organisations in a Community
for the eco-management and audit scheme (EMAS) and repealing Regulation
Council Regulation (EC) no 761/2001, Commission decision 2001/681/EC and 2006/193/EC.
42) Act No. 255/2009 Coll., on the control (control code).