Amendment Of The Act On Integrated Prevention And Some Other Laws

Original Language Title: změna zákona o integrované prevenci a některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62624&nr=222~2F2006~20Sb.&ft=txt

222/2006 Sb.



LAW



of 25 June 2002. April 2006,



amending the Act No. 76/2002 Coll. on integrated pollution prevention and control

pollution, on the integrated pollution registry and amending certain

laws (the law on integrated prevention), as amended, and

some other laws



Change: 350/2011 Sb.



Change: 201/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on integrated prevention



Article. (I)



Act No. 76/2002 Coll. on integrated pollution prevention and control,

integrated pollution registry and on amendments to certain acts (the Act on

integrated prevention), as amended by Act No. 521/2002 Coll., Act No.

437/2004 Coll., Act No. 695/2004 Coll. and Act No 444/2005 Coll., is amended

as follows:



1. in article 1, paragraph 1 reads:



"(1) the purpose of the Act is, in accordance with the law of the European Community),

to achieve a high level of environmental protection as celku2)

application of the integrated prevention and control of pollution arising from

activities referred to in annex 1 to this Act, and to establish and

to operate the integrated pollution register ".



2. At the end of footnote # 1 on a separate line, the following

the sentence "the directive of the European Parliament and of the Council 2003/35/EC of 26 July 2000.

May 2003 on public participation in the preparation of certain plans and programmes

relating to the environment and amending Council directives 85/337/EEC and

96/61/EC in case of public participation and access to justice. "



3. § 2, letter a) is added:



"a) 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 not listed in annex 1 to the

This law, if the operator requests a release for her

the integrated permit, ".



4. In paragraph 2 (a). (c)), after the words "emissions", the words "direct or

indirect ".



5. In paragraph 2 (d)):



"d) emission limit the maximum permitted emissions of pollutants

expressed in quantity, concentration, mass flow, or other

the specific value that must not be during one or more

the time period is exceeded; emission limits may also be established for the

certain groups, species or categories of substances, in particular for those that are

listed in annex 2 to this Act, ".



6. in paragraph 2 of the letter e) is added:



"e) the transmission of the movement of pollutants in the waste or waste

intended for disposal or recovery outside the boundaries of the establishment and

of pollutants in waste water destined for cleaning the outside of the boundaries of the

of the establishment ".



7. In paragraph 2 (f)):



"(f)) the best available techniques the most effective and the most advanced

stage in the development of technologies and activities and ways of operating,

which indicate the practical suitability of particular techniques designed to

prevent, and if this is not possible, to control emissions and their

the impact on the environment and



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 operators of considered reasonably available regardless of whether the

are used or produced in the Czech Republic,



3. the best means the most effective technique in terms of the achievement of

a high level of environmental protection;



in determining the best available techniques, taking into account the aspects of the

referred to in annex 3 to this law, ".



8. In paragraph 2 (a). (j)) after the word "changing" the words "in the service".



9. in paragraph 2 of the letter k):



"to the device by the operator) the legal entity or natural person that

operates or will operate the device ".



10. in paragraph 2 of the letter l) is added:



"l) by the substance registered legal person or natural person,

which operates stationary technical or technological unit of the

which is produced in emissions or transfers a substance registered in

integrated pollution registry. ".



11. In paragraph 2, at the end of the letter l) dot is replaced by a comma and the following

the letter m) including footnote 7a is inserted:



"m) substantial change in the operation of the appliances ^ 7a) change in the operation of the device,

that may have the discretion of the administrative authority, which has territorial jurisdiction

to the issue of the integrated permit (hereinafter referred to as "the authority"), significant adverse

effects on humans or the environment; change in the operation of the device or

extension of operation of the equipment is always considered to be substantial if the change

or extension of themselves, exceed the threshold referred to in the annex to

No 1 to this Act.



7A) directive of the European Parliament and of the Council 2003/35/EC of 26 July 2000. may

2003 on public participation in the preparation of certain plans and programmes

relating to the environment and amending Council directives 85/337/EEC and

96/61/EC in case of public participation and access to justice. "



12. In the heading of title II, the word "decision" shall be replaced by

"ENABLE".



13. section 3, including the title reads as follows:



"§ 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")

operator Office



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) the authority shall, within 20 days of receipt of the application, whether the application contains

all the prescribed formalities (article 4). If the Office does not prompt you

the operator of equipment within this period to complete the request, the

the request contains all the prescribed formalities. The Office may request

operator to complete copies of the applications in paper form or

in electronic form on electronic data carriers by number of

the parties and the administrative offices.



(5) where the authority in the course of the proceedings concludes that without further additions

the handout is not possible to continue the procedure, prompts the operator to

replenishment of the supporting documents, which must be presented to all interested parties.

This supplement the authority after agreement with the administrator of the device

a reasonable time limit. For refilling the issue of handouts

the integrated permit pauses.



(6) in the absence of complete the request or to supplement the documents in

the prescribed time limits, the authority for the issue of control of the integrated permit

stops. ".



14. in section 4, paragraph 4. 1 (b). (b)), the words "permanent residence" be replaced by

"the address of the place of residence or address for

delivery ".



15. in section 4, paragraph 4. 1 (b). (d)), the words "and e) to (l))" shall be replaced by "e)

to l) and p) ".



16. in paragraph 4, at the end of paragraph 1, the period is replaced by a comma and the following

letter p) is added:



"any major variants) for an overview of proven technology

equipment operator ^ 7a). ".



17. in paragraph 5, the last sentence shall be deleted.



18. in section 6 (1). 1, after the words "legal persons", the words "or

natural persons ".



19. in section 6 (1). 2, after the words "legal person" the words "or

a natural person ".



20. In paragraph 6 (1). 3 of the introductory part of the provisions, the words "legal persons"

the words "or of the natural person".



21. in section 6 (1). 3 at the end of the text of subparagraph (c)), the words "in the case of

the legal entity or professional experience in the field, the corresponding

higher education, knowledge and skills, in the case of physical

the person ".



22. in section 6 (1). 5 at the end of the text of subparagraph (a)) the following words "

in the case of a legal person, or dies or is declared dead,

in the case of a natural person ".



23. In paragraph 6, the following paragraph 6 to 8 are added:



"(6) 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.



(7) the 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.



(8) evidence of compliance with the conditions referred to in paragraph 6 (b). a) and b) or

paragraph 7 (b). a) and b) such persons are required to submit to the Ministry of

the environment prior to the activity referred to in section 11. For

the activities of these persons shall apply mutatis mutandis in paragraph (4) ".



24. In paragraph 7 (2). 1 (b). (d)), the number "30" is replaced by "8" and

the word "publication" shall be inserted after the words "brief summary".



25. In section 8 in the title, the word "Assignment" is replaced by "Circulation".



26. in § 8 para. 1 the words "receipt of an application containing all the

the prescribed particulars and in the same time period from the date of supplement incomplete applications

all the prescribed formalities the application "shall be replaced by" when

the application finds a full, it sends ".



27. in § 8 para. 1, point (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



28. in § 8 para. 3, the words "in cooperation with the Ministry of foreign

things "are deleted.



29. in § 9 para. 2 the word "sent" is replaced by the word "sent".



30. in article 9, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



31. in § 9 para. 4, the words "referred to in paragraph 1" shall be deleted.



32. In paragraph 10, the words "in cooperation with the Ministry of Foreign Affairs and"

shall be deleted.



33. section 11 including the title reads as follows:



"section 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 to the entire application.

Professional representation can only process the competent person referred to in

§ 6. About this procedure shall inform the parties without delay.



(2) the competent person shall send the professional representation of the Office no later than

45 days from the date on which the request was received.



(3) the observations a competent person immediately upon its receipt

be published for 30 days on their notice board and on the portal public

správy11). ".



34. section 12 including the title reads as follows:



"section 12



The oral proceedings on the request



(1) the authority may, within 5 days from the expiry of the period referred to in § 9 para. 1 or 3, or

in the case of the procedure according to § 11 para. 1 to 5 days from the date of receipt of the

professional representation required an oral hearing to consider the request. To

the oral proceedings, the Office may invite the parties to the proceedings, in addition to whether or not professionally

an eligible person, the Czech environmental inspection (hereinafter referred to as

"the inspection"), and the competent administrative authorities. The authority shall order an oral hearing whenever

If requested by that party to the proceedings.



(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)

2. ".



35. In section 13 paragraph 1 reads:



"(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. In more complex cases, the appellate body

(the authority competent to decide on the decomposition) at the request of the Office, the time limit

extended by 45 days. ".



36. In § 13 para. 2 the words "pursuant to section 12 shall be deleted.



37. In § 13 para. 4 (b). (f)), the word "conditions" shall be replaced by

"measures".



38. In § 13 para. 7 the first sentence, after the words "on request", the words "and

a copy of the application ", the words" and the Ministry of health "shall be deleted and for the

the first sentence, the following sentence "appeal or Remonstrance against the decision

Furthermore, the Ministry of health will send a request to appeal

expressed in terms of the protection of public health. ".



39. In paragraph 13 is at the end of paragraph 8, the following sentence "If the request was

be dealt with under section 10, shall inform the authority of the decision referred to in paragraph 2, or

3. the State concerned ".



40. In § 13 para. 9, the word "County" is replaced by "Regional Office".



41. In § 14 para. 2 the second sentence, the words "higher level" shall be replaced by

"bigger".



42. In article 16(1). 1 (b). (b)) after the word "change", the words "in the

operation ".



43. In paragraph 17, the heading above paragraph 17 deleted.



44. section 18 including title and footnotes # 13a is inserted:



"section 18



Review of the implementation of the 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 there has been such a change in the best available techniques, which

will allow a significant reduction in emissions without incurring an economically exploitative

the cost of their implementation,



(c)) where it finds that the operational safety of the process or the operation of the equipment

requires other techniques to be used,



d) if required by the change in emission limits or standards of quality

the environment made on the basis of other legal předpisů6)

or



(e)) 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.



(3) the authority may carry out a review of mandatory conditions of the integrated permit

on the basis of the notification of the changes in the operation of the equipment.



(4) 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

by the operator.



(5) the authority shall without delay inform the reviews of the inspection and

the regional hygiene station.



(6) on the performance of the review activities are covered by the law on State control

unless otherwise provided for in this Act ^ 13a).



13A) Act No. 553/1991 Coll. on State control, as amended

regulations. ".



45. section 19 reads as follows:



"§ 19



(1) on the basis of the examination under section 18 of the Office is entitled to



and) save the plant operators perform measures within a reasonable period to

remedy, and after a period of time-limits for the implementation of measures to remedy the

not apply to section 37 and 38,



(b) 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,



(c) the plant operators) to issue the decision to stop the operation of the equipment

or its parts.



(2) the Office shall issue a decision on the cessation of operation of equipment or a part thereof,

If the operator does not make the device within the prescribed period the measures to

the remedy pursuant to paragraph 1. and the absence of) or within the time limit

referred to in paragraph 1 (b). (b)) change request of the integrated permit.



(3) the procedure referred to in paragraphs 1 and 2 of the Office may determine that the appeal

This decision does not have suspensory effect. The decision to stop the

operation of the equipment or part thereof shall not affect the enforceability of the terms and conditions

the integrated permit pursuant to § 13 para. 4 (b). (b)).



(4) it is necessary to save the remedial measures under special laws

^ 6) legislation, this permission is not affected by this Act. ".



46. in paragraph 19, the following new section 19a, which including the title reads as follows:



"§ 19a



The procedure for change of the integrated permit



(1) if the authority based on the announcement of the planned changes in the operation of the

device pursuant to § 16 para. 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 equipment,

prompts the operator to the Office within the time limit laid down,

request for change of the integrated permit, and may provide that

particulars of the application are not required. In the proceedings, shall proceed mutatis mutandis

According to § 3 to 15.



(2) if the authority based on the announcement of the planned changes in the operation of the

device pursuant to § 16 para. 1 (b). (b)) or on the basis of the examination under section

18 and 19 to the conclusion that it is not a substantial change in the operation of the equipment,

but it is necessary to make a change of the integrated permit, makes a change

the integrated permit Office. The change of the integrated permit authority shall publish

Similarly, pursuant to § 13 para. 8. the authority shall forward to the change of the integrated permit

The Ministry of the environment within 7 days from the legal force of this

changes. ".



47. In section 22 para. 1 the words "produced or the quantity used or"

shall be deleted.



48. In paragraph 22 of the paragraph. 2, the words "and the owner of the plant further

results of monitoring of the saved the integrated permit ' shall be deleted.



49. In section 24 paragraph 2 reads as follows:



"(2) the Government may by regulation provide for the manner of reporting and management

integrated pollution registry, as well as other evidence in the area of


of the environment so as to ensure the unity of the information

the system in the field of the environment. ".



50. in section 27 para. 2 the words "the Czech Environmental Inspectorate (hereinafter

"the inspection") ' shall be replaced by "inspection" and the word "region" is

replaced by the words "regional authorities".



51. In paragraph 28, point (e)):



"e), the regional offices".



52. In paragraph 28 of the letter g) including footnote # 19 is added:



"g) regional hygiene station ^ 19).



19) § 82 of Act No. 258/2000 Coll. ".



53. In paragraph 29 (b). (c)), the word "region" is replaced by "Regional Office".



54. In paragraph 29, point (e)):



"e) reviews the performance of binding conditions of the integrated permit

for a device whose operation can significantly affect the

the environment of the State concerned ".



55. In paragraph 29, subparagraph (j) at the end of the text), the words "and, at the request

the operator of equipment whose operation can significantly affect the

the environment of the State concerned, it shall provide a preliminary indication of the

the completeness of the application prior to its administration ".



56. In paragraph 30 (a). and) and in section 31 (a). and), the word "installations" is replaced by

the word "activities".



57. section 33 to 35, including the following titles:



"§ 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, and at the request of the operator, provide him with a

preliminary information on the completeness of the application prior to its submission,



(b) carrying out a review of performance) the binding conditions of the integrated permit with

the exception of the integrated permit for equipment whose operation can

significantly affect the environment of the State concerned,



(c)) decides on administrative offences pursuant to § 37 para. 2 to 4,



(d) the operator) calls for the submission of requests for extradition

the integrated permit pursuant to § 42,



e) evaluates the application of best available techniques and passes information about the

the development of the relevant administrative authorities,



(f) decisions terminating) issues operating the device or its parts by

§ 19 para. 1 (b). (c)) and § 19 para. 2,



(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.



§ 34



Inspection



Inspection



and) checks the obligations set out by the law or

the integrated permit,



(b)) in the framework of its competence checks for compliance with the obligation

under section 22, and keeping the information necessary for reporting to

integrated pollution registry pursuant to § 25 para. 1,



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 the environment

environment or significant material damage,



(d)) decides on administrative offences pursuant to § 37,



e) evaluates the application of best available techniques and passes information about the

their development of competent administrative authorities.



§ 35



Regional hygiene station



The regional hygiene station



and) assessing the application in terms of the protection of public health,



(b) the performance) checks the mandatory conditions set out in the integrated

the permit, which affect the protection of public health,



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

man,



(d)) decides on administrative offences pursuant to § 37 para. 2 to 4. ".



58. section 36:



"§ 36



Authority or inspection may impose a fine on the plant operators

to 100 000 CZK, fails to fulfil an obligation pursuant to § 16 para. 1 (b). (c))

that will not allow the inspectors of the inspection, the authorised employees of the regional

Office or the Ministry of environment for the input

real estate, sampling or other similarly does not provide

in the review. Won a penalty can be imposed repeatedly.

The sum of the following stored by the fines may not exceed 1 000

000. Income from fines by the State budget revenue. ".



59. section 37 and 38, including headings and footnotes # 21a:



"ADMINISTRATIVE OFFENCES



§ 37



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur as a user

the registered substance commits an administrative offense that fails to comply with reporting

the obligation under section 22, or shall, on fulfilment of the reporting obligations under

section 22 of the wrong information.



(2) 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 (d)),



(b) shall be given in the request pursuant to) § 4 incorrect information which may affect the

the release of the integrated permit, or



(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.



(3) 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 in violation of the terms

the integrated permit.



(4) a legal entity or individual entrepreneur as an operator

equipment committing an administrative offense that does not perform within the period specified

pursuant to section 19 para. 1 (b). and) corrective measures or stop operation

the device or its parts in accordance with § 19 para. 1 (b). (c)).



(5) an administrative offense shall be fined



and the 500 000 CZK), in the case of an administrative offence referred to in paragraph 1,



(b)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2,



(c)) to 7 0000 0000 CZK in the case of an administrative offence under paragraphs 3 and 4.



§ 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

Since the imposition of the fine can be omitted if the operator of a facility to ensure

the removal of the consequences of a breach of an obligation and taken measures to eliminate

next duration or recovery of the infringement.



(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 in the first instance hearing

the inspection. Administrative offenses in accordance with § 37 para. 2 to 4 are heard in the first

the degree also the regional office or the regional hygiene station, taking

the competent authority to discuss the administrative offense is the authority that

initiating the procedure first.



(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) the fine imposed on inspection and the regional hygiene station selects and

the Customs Office shall recover income from fines is 50% of the income of the State Fund

the environment of the Czech Republic and of 50% of the income of the regional budget.

The fine imposed on the regional authority selects and enforced by the regional office, revenue from

the fines is income of the region.



21a) § 2 (2). 2 of the commercial code. ".



60. section 39 to 41, including the footnotes # 22 and 23 shall be deleted.



61. In the heading of title VII is the word "final" is replaced by

"common".



62. In the heading of section 45, the word "final" is replaced by

"Common".



63. In paragraph 45, the current text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(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) substantial change in the operation of the equipment can be carried out only on the

the basis of the legally approved changes of the integrated permit pursuant to § 19a.

In the case that this is a substantial change in the operation of the device, the

implementation requires a building permit, the procedure is similar as

paragraph 1. ".



64. In article 46, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



65. In section 46 paragraph 5, including footnote No 25:



"(5) unless this Act expressly provides otherwise, shall apply to the management of

under this law the administrative code ^ 25). The procedure laid down in articles 6 and 11

the administrative code does not apply.



25) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005

Coll. ".



66. In § 47 para. 1 the words "and section 27 para. 3 "shall be deleted.



67. in annex No. 1 is in the title the words "equipment" shall be replaced by


"industrial activities", before the word "Energy" is added after the figure "1."

in point 1.4. the word "gasification" is replaced by "gasification", before

the words "production and processing of metals" is inserted after "2.", in point 2.3. b)

the words "consumption of thermal energy is" be replaced by "is", thermal performance

in point 2.6. the word "content" is replaced by "amount of" before the words

"Mineral processing" is inserted after "3.", in point 3.1. the word

"cement" is replaced by the word "cement", in point 3.2. the words

"asbestos-based products, the production of asbestos-containing products"

replaced by the words "asbestos-containing products" in point 3.4. the word

"mineral" is replaced by the word "mineral", before the words "chemical

the industry "is added after the figure" 4 "in the sentence under the heading ' 4. Chemical

industry ", the word" equipment "shall be replaced by" industrial activities "and

the word "response" shall be replaced by the word "process", in point 4.1. b), the words

"organic compounds containing oxygen" are replaced by the words "oxygen

derivatives of hydrocarbons ", in point 4.1. h), the words" on the basis of synthetic and

natural polymers "are replaced by the words" of synthetic fibres

polymers, fibers of cellulose-based ", before the words" waste management "

Inserts the number "5" in paragraph 5.3. the word "disposal" is replaced by

the word "delete", the words "other devices" are replaced by the words "6.

Other industrial activities ", in point 6.4), after the words" than 50 t "

the words "carcasses" in point 6.5. the words

"the disposal of or appreciation of animal carcasses ' is replaced by

"disposal or recovery of animal carcases and animal" and in note

the words "capacities" is replaced by "threshold".



68. in annex # 3 the first sentence, the words "that the Office" shall be replaced by

the words "for which the authority shall take into account the" and the word ", to take into account" shall be deleted.



Article II



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.



Article. (III)



The publication of the full text of the Act



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 76/2002 Coll. on integrated pollution prevention and control,

integrated pollution registry and on amendments to certain acts (the Act on

integrated prevention), as is apparent from later laws.



PART TWO



Amendment of the Act on waters



Article IV



In § 126 of paragraph 1. 5 of the Act No. 254/2001 Coll. on waters and amending certain

acts (the Water Act), as amended by Act No. 76/2002 Coll., the words "§ 8

paragraph. 1.0 "the words" § 12 para. 1.0 "and the words" and the statement referred to in section

18 paragraph 1. 1 "shall be deleted.



PART THREE



cancelled



Article. In



cancelled



PART FOUR



Amendment of the Act on the protection of agricultural land resources



Čl.VI



In article 23 of Act No. 337/1992 Coll., on the protection of agricultural land resources in

amended by Act No. 76/2002 Coll., paragraph 5 shall be deleted.



PART FIVE



Amendment of the Act on forests



Article. (VII)



In § 58 of law no 289/1995 Coll., on forests, and amending and supplementing certain

laws (forest law), as amended by Act No. 76/2002 Coll., paragraph 4

repealed.



PART SIX



Amendment of the Act on nature and landscape protection



Article. (VIII)



Act No. 114/1992 Coll., on nature and landscape protection, as amended by the legal

measures no 347/1992 Coll., Act No. 289/1995 Coll., constitutional

the Court declared under no. 3/1997 Coll., Act No. 16/1997 Coll., Act No.

123/1998 Coll., Act No. 161/1999 Coll., Act No. 244/1999 Coll., Act No.

132/2000 Coll., Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act No.

100/2004 Coll., Act No. 168/2004 Coll., Act No. 222/2004 Coll., Act No.

387/2005 Coll. and Act No 444/2005 is amended as follows:



1. In § 87 para. 1, the words "Eur 5000" is replaced by "Eur 10000".



2. In § 87 para. 2, "$ 100" is replaced by "$ 2,000".



3. In § 87 para. 3, the words "of $ 50,000" is replaced by "EUR 100".



4. In section 88 para. 1 500 000 1 0000 0000 ' shall be replaced by "Eur".



5. In section 88 para. 2 the words "1 0000 0000 Czk 2 0000 0000 ' shall be replaced by"

CZK ".



6. In paragraph 90, paragraph 5 shall be deleted.



Paragraphs 6 to 14 shall become paragraphs 5 to 13.



PART SEVEN



Amendment of the Act on the Czech environmental inspection and its scope in

forest protection



Article. (IX)



Act No. 283/1991 Coll., on the Czech environmental inspection and its

the scope of the forest protection, as amended by Act No. 309/2002 Coll. and Act No.

149/2003 Coll., is amended as follows:



1. in paragraph 4, the words "one million Czk 5 0000 0000 ' shall be replaced by" Eur ".



2. in § 5 para. 3, the words "two million" is replaced by "10 0000 0000

CZK ".



PART EIGHT



Amendment of the Act on waste



Article. X



In § 82 para. 2 Act No. 185/2001 Coll., on waste and amending certain

other laws, as amended by Act No. 76/2002 Coll., the words "§ 16 para. 3

and expression in accordance with § 79 paragraph 2. 5 (b). b) to (e)) "shall be replaced by ' paragraph 16

paragraph. 2 and 3, § 12 para. 5, consent pursuant to § 51 para. 1 determining the period

duration and conditions of care according to § 52 and expression pursuant to § 79 paragraph 2. 4 (b).

a) to (d)) ".



PART NINE



Amendment of the Act on the protection of public health



Article. XI



Act No. 258/2000 Coll., on the protection of public health and amendment to certain

related laws, as amended by Act No. 254/2001 Coll., Act No.

273/2001 Coll., Act No. 13/2002 Coll., Act No. 76/2002 Coll., Act No.

86/2002 Coll., Act No. 120/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll., Act No.

362/2003 Coll., Act No. 167/2004 Coll., the Act No. 326/2004 Coll., Act No.

562/2004 Coll., Act No. 127/2005 Coll., Act No. 251/2005 Coll., Act No.

381/2005 Coll., Act No. 392/2005 Coll. and Act No 444/2005 Coll., is amended

as follows:



1. In paragraph 1, at the end of subparagraph (b)) the dot replaces the comma and the following

subparagraph (c)), which read as follows:



"(c)) the tasks of the other authorities of the public administration in the area of evaluation and reduction of

noise from the point of view of the long-term average load noise

environment. ".



2. Footnote 1 is added:



"1) Council Directive 76/768/EEC of 27 June. July 1976 on the approximation of

laws of the Member States relating to cosmetic products, as amended by

Commission Directive 2003/80/EC of 5 July 2004. September 2003, laying down the

the symbol for the data indicating the durability of cosmetic products in the

Annex VIIIa to Council Directive 76/768/EEC.



Commission Directive 80/1335/EEC of 22 December 1986. December 1980 on the approximation of

laws of the Member States relating to methods of analysis necessary

for checking the composition of cosmetic products, as amended by Commission directive

96/45/EC of 2 October 1998. July 1996 about the methods of analysis necessary for the

checking the composition of cosmetic products.



Commission decision 96/335/EC of 8 June 2004. May 1996 laying down

an inventory and a common nomenclature of ingredients employed in cosmetic products

resources.



Council Directive 98/83/EC of 3 June 2003. November 1998 on the quality of water intended

for human consumption.



Council Directive 76/160/EEC of 8 June 1993. December 1975 on the quality of water

swimming, as amended by Directive 91/692/EEC of 23 November. December 1991 to

standardisation and rationalisation of reports on the implementation of certain directives

relating to the environment.



European Parliament and Council Directive 2000/54/EC of 18 June 2003. September 2000 on the

the protection of workers from the risks related to exposure to biological

agents at work.



Council Directive 83/477/EEC of 19 December. September 1983 on the protection of workers from

the risks of exposure to asbestos at work, as amended by the directive of the European

Parliament and of the Council 2003/18/EC of 27 June 2002. March 2003.



Council Directive 93/43/EEC of 14 June 1993 June 1993 on the hygiene of foodstuffs.



Council Directive 89/109/EEC on the approximation of the laws of the Member States

relating to materials and articles intended to come into contact with foodstuffs.



Commission Directive 2004/19/EC of 1 July 1999. March 2004, supplementing the

Directive 2002/72/EC relating to plastic materials and products of plastics

coming into contact with food.



European Parliament and Council decision 2119/98/EC of 24 July 2003. September 1998

on the establishment of network for the epidemiological surveillance and control of communicable diseases in the

The community.



The European Commission decision of 17 December 1999. July 2003, amending

decision 2000/96/EC in the case of determining the surveillance of selected infections.



Directive of the European Parliament and of the Council 2002/49/EC of 25 March 2002. June 2002

on the evaluation and management of environmental noise.



3. In § 3a paragraph 2. 6 the last sentence, the words "§ 2 (2). 2 "shall be replaced by

"§ 2 (2). 3. "



4. In § 31 para. 1 the last sentence, the words "where the competent authority of the

the protection of public health, the obligatory conditions for operation noise source or

vibration for operation of the device "shall be replaced by the words" if its release

replaced by the procedure in proceedings for the issue of the integrated permit ".



5. § 47 para. 1 introductory part of the provisions, and in subparagraph (b)), the words

"paragraph. 7 "is replaced by" paragraph. 8. "



6. In article 75a para. 2 the initial part of the provision, the words "§ 78 ' shall be

the words "paragraph. 1. "



7. In the title of § 78 shall be added the words "and other bodies that perform some of the

tasks in the area of evaluation and reduction of noise in terms of fixed


the average noise environment ".



8. In paragraph 78 of the introductory part, the words ' the provisions of the protection of the public authorities

health, which "shall be deleted.



9. In paragraph 78, at the end of subparagraph (c)) the dot replaces the comma and the following

the letters d) to (g)), which read as follows:



"(d)), the Ministry of transport,



e) Ministry for regional development,



(f) the Ministry of the environment),



g) regional authorities. ".



10. In paragraph 78, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the system of public health protection bodies consists of administrative offices

referred to in paragraph 1 (b). a) to (c)). ".



11. In § 79 paragraph 2. 5, after the words "§ 78" shall be replaced by "paragraph. 1. "



12. In § 80 para. 1 at the end of the letter p) dot is replaced by a comma and

the following letters q)), which read as follows:



"q), and when a major development occurs affecting the

the existing noise situation, updates, but no longer than every five years,

strategic noise maps, which include noise limit values

indicators; limit value means the value of the noise indicators

noise indicators, the exceeding of which occurs to a malicious

the environment,



r) makes available to the public the strategic noise maps, drawn up according to the

the letter q),



with) an implementing regulation modifies the calculation of noise indicators

their limit values, the basic requirements for the content of the strategic

noise maps and action plans, which include proposals to quiet

areas, for details on how to inform the public about

strategic noise maps concerning the preparation of proposals and action plans

public participation in the preparation of the action plans drawn up by and.

The action plan means a plan containing measures whose purpose is to

protection from the harmful effects of noise and harassment, including the reduction of

noise,



t) summary of the action plan on the basis of the action plans submitted by the

regional authorities and the Ministry of transport, which are quiet

the area in the conurbation of the defined regional authorities and quiet areas in the open

the landscape laid down by the Ministry of the environment. Quiet areas in

agglomeration "means an area that is not exposed to noise greater than

the limit value of a noise indicator or the maximum

the value of the noise limit laid down hygiene pursuant to § 34. Silent

areas in the open landscape means an area, that is undisturbed by noise from

traffic, industry or recreational activities,



u) cooperates with the competent authorities of neighbouring Member States

The European Union on strategic noise mapping near borders. ".



13. In article 80, paragraph 1, the following paragraph 2 is added:



"(2) for the purposes of noise procedure according to paragraph 1 (b). q)) and

pursuant to section 81, 81a, op.81B and 81 c considers the noise to which humans are exposed in the

built-up areas, in public parks and quiet areas in

agglomerations, in quiet areas in open country, near schools,

hospitals and other areas, and areas sensitive to noise. Does not consider the

a noise caused by a person who is exposed to the noise in the

the home, the neighborhood noise, noise, noise from recreational activities on

workplace noise inside means of transport and noise from

military activities in important for the defence of the State. ".



Paragraphs 2 to 8 shall become paragraphs 3 to 9.



14. in § 80 para. 3 the first sentence, after the words "§ 78" shall be replaced by "paragraph.

1. "



15. section 81 including title:



"§ 81



The Ministry of transport



(1) the Department of transportation in the area of evaluation and reduction of noise from

long-term average noise environment

According to the information from strategic noise maps drawn up by the Ministry of

health care takes, and if there is a major development which significantly

affecting the existing noise situation, updates, but not later than one

in 5 years, action plans for



and the main road) which means the road and after

which have more than 3 0000 0000 vehicles per year, and owned by

the State is,



(b)) the main railway lines, which means the railway line, after which the

have more than 30 000 train passages per year,



(c)) the main airport, which means the civil airport, which have more than

50 000 take-offs and landings per year, with the exception of take-offs and landing light

aircraft for training purposes.



(2) the Department of transportation to the processing and updating action plans



and) exposes a draft action plan to the public, to which everyone has

the right to respond to 45 days from the date of its publication,



(b)) way to evaluate complaints and publishes opinions on the draft of the action

plan and exposes the action plan, to be submitted to the Ministry of

health care,



(c)) shall inform the public of the measures taken in the framework of the action plans,



d) cooperates with the competent authorities of neighbouring Member States

The European Union in the creation of action plans in border areas. "



16. in paragraph 81, the following new section 81a 81 c to that including headings and

footnote # 43b:



"section 81a



Ministry for regional development



Ministry for regional development in the area of evaluation and reduction of noise from

long-term average noise environment

shall issue a decree a list of agglomerations. Agglomerations means urbanized

the territory of the city with more than 100 000 permanently residing within the

inhabitants, consisting of one or more communities with intense economic,

social and territorial technical ties.



§ op.81B



Ministry of the environment



Ministry of the environment in the area of evaluation and noise reduction

from the point of view of the long-term average load noise

the decree modifies the environment quiet areas in open country.



section 81 c



The regional offices



Regional authorities in the field of evaluation and reduction of noise in terms of

long-term average noise environment



and transmitted to the Ministry of health) information about the sources of noise obtained

in the exercise of its jurisdiction under the law on integrated pollution prevention and

control of pollution, on the integrated pollution registry and amending

Some laws (law on integrated prevention), to the extent

special legislation ^ 43b)



(b)) shall make, and if there is a major development, which significantly affects the

the existing noise situation, and at the latest, updated every five years,

action plans for urban conurbation, which includes the definition of the silent

areas in the conurbation, and action plans for major roads,

that its own region, including major roads owned by the

municipalities in the administrative territory of the County, according to the data of the strategic

noise maps processed by the Ministry of health; for the processing of

and update the action plan shall apply mutatis mutandis to § 81 para. 2.



43B) Decree No 560/2002 Coll., laying down a pattern of requests for extradition

the integrated permit, the scope and method of filling ".



17. in section 88a of paragraph 1. 1 introductory part of the provisions, the words "§ 78 ' shall be

the words "paragraph. 1. "



18. in § 108 paragraph. 1 the words "§ 80 para. 2 "shall be replaced by the words" § 80 para.

1 (b). with). 3. "



Article. (XII)



Transitional provisions



1. Ministry of health



and shoots to 30.) June 2007 strategic noise maps for around

the road, after which have more than 6 0000 0000 vehicles per

year, railways which have more than 60 000 train passages per

year, near major airports, as defined in § 81 para. 1 (b). (c))

Act No. 258/2000 Coll., in the version in force from the date of entry into force of

This Act, and for the agglomerations with more than 250 000 permanently residing within the

inhabitants, consisting of one or more communities with intense economic,

social and territorial technical constraints,



(b)) takes up to 30. June 2012 strategic noise maps for all

major roads, major railways and agglomeration

as defined in section 81 and 81a Act No. 258/2000 Coll., in the version in force from the date of

entry into force of this Act.



2. Ministry of transport



and takes to 6). July 2008 action plans for the area of land

communications that are owned by the State, and after which have more

than 6 0000 0000 vehicles per year, railways which have

more than 60 000 train passages per year, major airports, as defined in

§ 81 para. 1 (b). c) of Act No. 258/2000 Coll., in the version in force from the date of

entry into force of this Act,



(b) takes to 6). July 2013 action plans around the main road

communications, owned by the State, as defined in § 81 para. 1 (b). and)

Act No. 258/2000 Coll., in the version in force from the date of entry into force of

This law, and action plans for the area around the main railway lines

as defined in § 81 para. 1 (b). b) of Act No. 258/2000 Coll., as amended by

effective from the date of entry into force of this Act.



3. Regional Office



and takes to 6). July 2008 action plans for the area of land

communications that are in the possession of the County and, after which have more

than 6 0000 0000 vehicles per year, and for the agglomerations with more than 250 000

permanently residing inhabitants, consisting of one or more municipalities with

intensive economic, social and territorial technical constraints,




(b) takes to 6). July 2013 action plans around the main road

communications in the possession of the county or municipality in the administrative territory of the County, and for

agglomerations as defined in § 81 and 81a Act No. 258/2000 Coll., as amended by

effective from the date of entry into force of this Act.



PART TEN



Change the Spa Act



Article. XIII



In § 37 para. 5 of law No 164/2001 Coll., on the natural medicinal resources,

natural mineral water sources, natural healing Spa and

Spa and amending certain related laws (Spa

Act), as amended by Act No. 76/2002 Coll., the words "and in accordance with paragraph

3 "the words", if it is a consent issued for release

the building permit, ".



PART ELEVEN



Amendment of the Act on water supply and sewerage networks



Article. XIV



In section 39 of Act No. 276/2001 Coll. on public water supply and sewerage Act

the need for, and on amendments to certain acts (the Act on water supplies and sewerage Act),

the following paragraph 8 is added:



"(8) vodoprávního the authority for the discharge of effluent that is

issued pursuant to § 18 para. 3, shall be issued under this Act if it is

their release is replaced by the procedure in proceedings for the issue of an integrated

authorisation in accordance with the law on integrated pollution prevention and control,

integrated pollution registry and on amendments to certain acts (the Act on

integrated prevention). The other provisions of this Act are not

prejudice. ".



PART TWELVE



cancelled



Article. XV



cancelled



PART THIRTEEN



The EFFECTIVENESS of the



Article. XVI



This Act shall take effect on the first day of the calendar month

following the date of its publication.



in z. H K in r.



Klaus r.



Paroubek in r.