93/2004 Coll.
LAW
of 29 April 2004. January 2004,
amending the Act No 100/2001 Coll. on environmental impact assessment
environment and amending certain related laws (the law on the assessment of
the effects on the environment)
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No 100/2001 Coll., on the assessment of the effects on the environment and on
changes to some related laws (Act on environmental impact assessment
the environment), is hereby amended as follows:
1. the Above section 1, the following title is inserted:
"Part 1
Introductory provisions ".
2. In article 1 (1). 1, after the words "the law", the words "in accordance with the law
Of the European communities "^ 1") "and the word" environment "with the words" and
public health (hereinafter referred to as "environmental impact assessment") ".
Footnote (1)):
"1) of the Council directive of 27 June. June 1985 on the assessment of the effects of certain
public and private projects on the environment (85/337/EEC).
Council Directive 97/11/EC of 3 June 2003. March 1997, amending Directive
85/337/EEC on the assessment of the effects of certain public and private projects
on the environment. Directive 2001/42/EC of the European Parliament and of the Council
of 27 June. June 2001 on the assessment of the effects of certain plans and programmes on the
the environment. ".
Footnote 1) is renumbered as footnote
No. 1a), including links to a footnote.
3. In section 1 (1). 2, after the word "intentions", the words "and the concept of".
4. In section 1 (1). 3 at the end of the first sentence, the words ", and contribute
so to the sustainable development of the company ^ ^ 1b) ".
Footnote 1b) is added:
"1b) of law No 17/1992 Coll., on the environment, as amended
regulations. ".
5. In section 2, the word "population" shall be replaced by the words "public health".
6. In section 3, the letter a) the following point (b)), which read:
"(b)), the concept of strategy, policy, plans or programs, processed or
specified by a public authority, and subsequently by a public authority
approved or submitted for approval ".
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
7. In section 3, at the end of subparagraph (c)), the words "or the concept".
8. In section 3 shall be replaced by a comma at the end of a period and the following letters (e)) and
(f)), including footnotes, no. 2):
"e) concerned administrative authority in the Administrative Office, which defends the interests protected
special legislation ^ 2) and whose territorial constituency at least
in part, forms the territory concerned and the Czech environmental inspection,
(f)), the competent authority of the Ministry of the environment (section 21), or authority
region in the scope of the delegated, in whose territorial area is designed
intention or for the territorial constituency concept (section is processed
22).
for example, 2) Act No. 44/1988 Coll., Act No. 20/1987 Coll., on State
heritage preservation, as amended, Act No. 20/1966 Coll., on
care about the health of the people, as amended, law No 17/1992 Coll.,
Act No. 114/1992 Coll., on nature and landscape protection, as amended
legislation, law no 289/1995 Coll., on forests and on the amendment and supplement
Some laws (forest law), as amended, law No.
258/2000 Coll., on the protection of public health and amendment to certain
related laws, as amended, Act No. 254/2001
Coll. on waters and on amendments to certain acts (the Water Act), as amended by
amended, law No 185/2001 Coll., on waste and amending
certain other laws, as amended, and Act No.
86/2002 Coll., on the protection of the air and amending certain other acts
(Act on the protection of the atmosphere). ".
9. section 4 of the Above, the following title is inserted:
"Part 2
Assessment of the effects of the project on the environment ".
10. In section 4, paragraph 4. 1 (a). (b)) at the end of connector "a" shall be deleted.
11. In section 4, paragraph 4. 1 at the end of subparagraph (c)) shall be replaced by a comma and dot
the following point (d)) and e) are added:
"(d)) changes each intention mentioned in annex No. 1, if the
achieved the appropriate limit values or the intention of the own capacity or
scope reaches the appropriate limit values, and if so, shall determine in
detection of the proceedings under section 7,
(e)), which calls for the extension of the opinion referred to in section
10, paragraph 1. 3, if so provided by the detection of the proceedings under section 7. ".
12. In section 5, at the end of paragraph 2 the following sentence "in the long-term plan, the
each stage shall be considered separately, and in the context of the environmental plan
as a whole ".
13. In section 6 (1). 1, the first sentence shall be replaced by the phrase "the person who intends to make the
intention (hereinafter referred to as "the notifier") is required to submit a notification of intent
(hereinafter referred to as the "notification") to the competent authority. ".
14. In section 6 (1). 2 at the end of the first sentence, the words "and, in
the number of copies specified by agreement with the competent authority ".
15. In section 6 (1). 3, the words "the competent authority shall within 5 working"
replaced by the words "If the notification fulfils the requirements referred to in paragraph 2,
the competent authority shall within 10 working "and the words" of the notification
containing its non-technical summary within the meaning of section (G)
Annex 3 to this law "shall be replaced by the words" on the Internet on
publish the text portion of the notice ".
16. In section 6 (1). 4 sentence the first number "15" is replaced by "20".
17. In section 7 (2). 1 the second sentence, the words "(a). (c)) "shall be replaced by" subparagraph (a).
(c)), d) and (e)) ".
18. In article 7 (2). 2 the number "30" is replaced by "35" and the words "in the
the same time limit it shall be inserted after the words "without the annexes referred to in paragraph 3".
19. In section 7 (2). 4, after the word "none" shall be inserted the word "justified".
20. In section 8 (2). 1, the words "from the electronic version of the refrain" shall be replaced by
the words "refrain from the electronic version of map, image, or
graphic annexes documentation ".
21. In section 8 (2). 2 the number "5" shall be replaced by the number "10".
22. In section 8 (2). 2 in the first sentence, the words "shall publish on the Internet and"
deleted and at the end of the second sentence, the words "and on the Internet
shall publish at least the text section of the documentation. "
23. In section 8 (2). 4, after the word "period", the words "together with the
memorandums ".
24. In section 8, the following paragraph 5 is added:
"(5) in the case of return of the documentation referred to in paragraph 4 is supplemented by or with
revised documentation and usage in accordance with paragraph 2. ".
25. In section 9 (2). 6, after the word "documentation", the words "and other
the data necessary for the processing of the report. "
26. In section 9 (2). 7, the words "the competent authority shall forward the opinion to the 5
the work "shall be replaced by the words" If the testimonial meets requirements of the
paragraph 2, send it to the competent authority within 10 working ".
27. In section 9 shall be added at the end of paragraph 7, the phrase "If opinion does not meet the
requirements referred to in this law, the competent authority of it returns to the 10
working days from the date of receipt of the report processor to supplement or
processing. ".
28. In section 9, the following paragraph 10 is added:
"(10) the report Processor tackles received written observations to the report
and representation of the public consultation and on the basis thereof, if appropriate, adjust the
the draft opinion. This settlement passes together with a draft opinion
the competent Office within 10 days after the expiry of the period referred to in paragraph 8. ".
29. In section 10, paragraph 1. 1 the words "45 days from the date of publication of the information about the
the report "is replaced by" 30 days from the date of expiry of the deadline for comments to
the report ".
30. In section 10, paragraph 1. 2, the words "within 50 days from the date of publication of the information about the
the report shall forward the opinion "shall be replaced by the words" shall send the opinion to 7
working days of its release ".
31. In section 10, the following paragraph 5 is added:
"(5) in case the intention referred to in annex No. 1 category II and change
plan under section 4 (4). 1 will not be assessed under this Act, the
the provisions of paragraph 4, mutatis mutandis, for the conclusion of the fact-finding procedure. ".
32. under section 10, the following new part the third, including a title and notes
footnote No. 4a) up to 4 c) is added:
"Part 3
Environmental impact assessment the environmental concept
section 10a
The subject of the assessment of the effects of the concept on the environment
(1) the subject of the assessment of the effects of the concept on the environment (hereinafter referred to as
"the assessment of the concept of") pursuant to this Act are
and which lays down) concept, a framework for the future authorisation of projects listed
in annex No. 1, processed agriculture, forestry
economy, hunting, fisheries, the management of surface, or
groundwater, energy, industry, transport, waste
economy, telecommunications, tourism, town and country planning,
regional development and the environment, including nature conservation,
the concept, in which the need for their assessment, with regard to the possible effect on the
the environment, the results of special legal regulation, and
the concept of the co-financed from the funds of the European Community;
These concepts are subject to assessment, the concerned territory consists of
the territorial circumference of more than one municipality,
(b)) the concept of under (a)), which is the concerned territory consists of land use
the circuit of only one municipality, if so provided by the detection procedure
under section 10 d,
(c)) in accordance with the changes of concepts), and (b)), if they so provide, in
detection of the proceedings under section 10 d.
(2) the subject of an assessment under this Act are not
and) concept processed only for the purposes of the defence of the State,
(b)) concept for emergencies, in which
occurs to a serious and imminent threat to the environment,
the health, safety or property of persons, ^ 4a)
(c)) financial and budgetary concepts,
d) regulatory plans under a special legal regulation, ^ 4b)
unless otherwise specified in the conditions for the implementation of projects listed in annex No. 1 to the
This law.
section 10b
The method of environmental impact assessment of the concept of the environment
(1) the assessment of the concept includes the detection, description and evaluation of the
anticipated direct and indirect effects of the execution and non-execution
the concept and its objectives, and this for the whole period of its anticipated
implementation.
(2) the assessment of the concept is based on the State of the environment in the
the territory at the time of submission of the notification of the processing concept (hereinafter referred to as the "notification
the concept of "), taking into account the effects of other concepts or ideas that
will be carried out before the concept of or in the course of its
implementation, where applicable, the implementation of which it was intended.
(3) in assessing the concept of under this Act, the information may be used
from another assessment if they correspond to the information under this Act.
(4) in the assessment of the concept propose and assess measures to
the prevention of the adverse effects on the environment and public health, to
exclusion, reduction, mitigation or compensation of these effects, where applicable, to the
increase the beneficial effects on the environment and public health
making the concept, including an evaluation of the effectiveness of the envisaged
the proposed measures. If the concept dealt with in variations, it is necessary to
assessment under this act performed for all variants.
section 10 c
Notice the concept
(1) the person who submitted the complaint for processing concept (hereinafter referred to as
"submitter"), is obliged to submit a notification to the competent concept
Office in paper and in electronic form. Essentials reporting concepts
laid down in annex 7 to this Act.
(2) if the notification concept complies with the conditions referred to in paragraph 1, shall send the
the competent authority shall within 10 days from the date of its receipt of a copy of this notification to the
representation of the administrative authorities concerned and the relevant local government
bodies. In the same period, publish a notice on the Internet and shall ensure
the publication of the information about the notification under section 16. Authority of the region in the same period
send a copy of the notification to the Ministry.
(3) everyone can send their written comments to the notice of the concept
to the competent authority within 20 days from the date of its publication. To
the expression sent after the deadline, the competent Office shall be taken into account.
§ 10 d
Discovery management
(1) the purpose of the fact-finding procedure is the clarification of the content and scope of the evaluation
the effects of the concept on the environment and public health (hereinafter referred to as
"evaluation"). The concept referred to in section 10a of the paragraph. 1 (a). (b)), and (c))
the aim of the fact-finding procedure also determine whether the concept or change
the concept will be dealt with under this Act.
(2) the competent authority shall carry out investigation on the basis of notification,
comments received and to him according to the criteria listed in annex 8 to
This law and it ends no later than 35 days from the date of publication of the
the concept of a written notification to the conclusion of the fact-finding procedure.
(3) If the concept is subject to assessment under this Act, the competent
the Office at the end of the fact-finding procedure lays down the
and the evaluation of the content and scope of the), including the requirement to handle the account of the
incoming variants of the concept,
(b)) in which the number of copies to be submitted to the competent authority the proposal
the concept.
(4) at the conclusion of the fact-finding procedure, the competent authority shall propose further progress
the assessment of the concept, including the holding of a public hearing.
(5) unless the concept referred to in paragraph 3, the competent authority shall
at the conclusion of the fact-finding procedure specify the reasons for which the assessment is not
under this Act is required.
(6) the competent authority shall send without delay the conclusion of the fact-finding procedure
the petitioner, the administrative authorities concerned and the relevant local government
and at the same time it shall be published in accordance with § 16.
§ 10e
The progress of the environmental impact assessment of the concept of the environment
(1) the petitioner shall, within 30 days from the date of receipt of the conclusion
the discovery of the proceedings to ensure the person authorized to process evaluation
According to § 19 (hereinafter referred to as "the assessor") and inform the competent authority,
that this information shall be published on the Internet.
(2) the originator is obliged to cooperate with the reviewer to
the evaluation process, in particular by transmitting the observations received during the
design concept.
(3) a full and objective evaluation of the processing is responsible
assessor. The elements are listed in annex 9 to the
This law.
(4) the Assessor is entitled to request information necessary for the processing of
evaluation for the petitioner, of the competent authority, the administrative
authorities concerned and of territorial self-governing units and you are bound to him
to the extent necessary to provide the information. Refuse to provide
the information is possible only under the conditions laid down by specific legal
legislation. ^ 4 c)
section 10f
The draft concept
(1) the originator is obliged to transmit to the competent authority the proposal in concept
paper and in electronic form. An integral part of the design concept is the
evaluation of processed reviewer.
(2) if the evaluation includes the requirements of the annex No 9, shall send the
the competent authority of the draft concept within 10 days from the day on which it was delivered, to the
representation of the administrative authorities concerned and the relevant local government
bodies. In the same period, it shall publish a draft concept on the Internet and shall ensure
the publication of information about the design concept according to § 16. If the evaluation of the
does not contain the particulars referred to in annex No 9, return it to the competent authority to
the Tween.
(3) the originator is obliged to disclose information about the place and time of the venue
public review of the draft concept on its notice board, on the Internet
and at least one in the territory in the usual way (for example, in the
printing, etc.), and at least 10 days prior to its holding. At the same time
obliged to place and time of holding this public consultation to inform the
the competent authority.
(4) the Public Review of the draft of the concept cannot be took place before after
the expiration of 30 days from the date of submission of the draft concept of the competent authority.
The originator is obliged within 5 days from the date of public
discussion of the design of this conception to send enrollment consultation
at the same time to the competent authority and to publish it on the Internet.
(5) everyone can send their written comments to the draft of the concept
to the competent authority not later than 5 days from the date of public
discussion of the design concept. In the same period, the offeror may send
the competent authority of their written expression to evaluate. To the expression of
sent after the deadline, the competent authority shall be disregarded.
(6) a public hearing On the proposal of the concept does not apply to section 17 paragraph. 1 to
6.
§ 10 g
Opinion on the draft of the concept
(1) the competent authority shall issue, on the basis of the draft concept, expressing to him
and public discussion of the opinion of the impact assessment of the implementation
the concept of the environment and public health (hereinafter referred to as "opinion on the
the concept of ") within 30 days from the date of receipt of the minutes of the public
discussion of the design concept.
(2) the competent authority may, in its opinion to express disagreement with the proposal
the concept from the perspective of the possible negative effects on the environment and
public health, may propose its complement, where appropriate, propose
compensatory measures and measures to monitor environmental effects of the implementation of the concept of
on the environment and public health.
(3) the competent authority of its opinion on the concept, immediately after its release
the petitioner shall send the administrative authorities concerned and interested territorial
municipalities and at the same time it shall be published in accordance with § 16.
(4) no opinion to the concept the concept cannot be approved.
The authorising authority shall take account of the requirements and conditions under
of opinions on the concept, or if this opinion and requests
the conditions and the concept are not included or are included
only partly, the authorising authority is obliged to justify their action, and
such justification to publish.
§ 10 h
Monitoring and analysis of the effects of the concept on the environment and public health
(1) the offeror is required to ensure the monitoring and analysis of the effects of an approved
the concept of the environment and public health. If it finds that
the implementation of the concept has unforeseen serious negative effects on the
the environment or public health, is required to ensure the adoption of measures to
avert or mitigate such effects, inform the competent authority of the
and the administrative authorities and at the same time decide to change the concept.
(2) the administrative authorities within its jurisdiction according to the specific
the legislation of the ^ 2) monitored the effects of approved the concept on life
environment and public health and are entitled to submit a complaint to change the
the concept, if not in agreement with the authorising authority, unforeseen
serious adverse effects referred to in paragraph 1 to avert or mitigate the otherwise.
§ 10i
Special provisions for the assessment of the effects of territorial planning documentation
on the environment
(1) when assessing the effects of territorial planning documentation on the
environment in accordance with the building Act ^ 4b) and in the range of
provided for by this provision; the submitter is the maker of the territorial
planning documentation.
(2) the competent authority shall carry out investigation on the basis of design award
territorial planning documentation and in accordance with the criteria referred to in annex No. 8
to this Act.
(3) the competent authority closes the investigation a written conclusion, which is
part of the opinion of the authority of Government to design award
territorial planning documentation.
(4) If the competent authority at the conclusion of the fact-finding procedure lays down the need to
assessment of the effects on the environment, specifying the content and at the same time the scope of the
evaluation of the effects on the environment, including the requirements for processing
possible variations of the concept of the solution of the territorial planning documentation.
(5) if the conclusion of the fact-finding procedure establishes the need for environmental impact assessment
the environment is an integral part of the concept of the solution of the territorial
planning documentation of the assessment of the effects on the environment of the processed
person so authorized under section 19.
(6) the processor evaluation of effects on the environment is required to
to handle this evaluating completely objectively, in accordance with the conclusion
the discovery proceedings, and reasonably within the scope of Annex 9 to this Act.
(7) the processor evaluation of effects on the environment, is entitled to
to request information necessary for the processing of the evaluation for the maker of the
territorial planning documentation, the competent authority of the concerned administrative
authorities concerned and of territorial self-governing units. You are obliged to him
to the extent necessary to provide the information, the refusal is possible only for
the conditions laid down in the specific legislation. ^ 4 c)
(8) the maker of the territorial planning documentation for the purpose of issuing passes
the opinion of the competent authority of one of its copies.
(9) On the basis of public consultation draft solution planning
documentation, comments submitted to it and, on the basis of the proposal of the bulk
opinion ^ 4b) the competent authority shall issue an opinion on the evaluation of environmental effects
the environment. This opinion is part of the opinion of the
authority of State administration to the concept of the solution of the territorial planning documentation.
(10) If the proposal planning documentation contains a variant of the
assessed in terms of the effects on the environment already in its concept
the solution, the proposal is evaluated again.
(11) the Approving Authority shall in its resolution on the approval of the territorial
planning documentation to justify how to take account of the conditions resulting from the
opinions on the assessment of the effects on the environment. This resolution is
obliged to disclose.
section 10j
Special provisions for the assessment of the effects on the environment, the concept
If it is processed by the central administrative authority concept
(1) the assessment of the effects on the environment, a concept which is
processed by the central administrative authority by a special Act and which is
submitted to the Government for approval, the Ministry provides.
(2) the Ministry is obliged to ensure the evaluation of the design concept
Reviewer under section 19 and to publish the draft concept on the Internet
including the information when and where it is possible to look into it. Essentials
the assessment set out in annex 9.
(3) everyone can send their written comments to the draft of the concept
the Ministry within 30 days from the date of publication. The expression sent
After the deadline, the Ministry shall be disregarded.
(4) the Ministry is obliged to ensure that the public consultation of the draft concept
mutatis mutandis in accordance with section 17 paragraph. 1 to 5 and paragraph. 7. Central Administrative Office is
being a participant in the public review of the draft of the concept.
(5) the Ministry in cooperation with the central administrative authority shall evaluate the
observations and comments received from the public consultation and on the basis of their
the evaluation shall deliver an opinion on the draft of the concept.
(6) the costs associated with the environmental impact assessment shall be borne by
the Central Administrative Office, which shall be presented to the assessment of the concept.
(7) the Interstate environmental impact assessment shall be governed by the
§ 11 and 14a.
the law, for example, 4A) no 254/2001 Coll.
4B) Act No 50/1976 Sb.
4 c), for example, law No. 123/1998 Coll., on the right to information on the
the environment, as amended by Act No. 132/2000 Coll., Act No. 148/1998 Coll., on
protection of classified information and on the amendment to certain acts, as amended by
amended, law No. 101/2000 Coll., on personal data protection and
on the amendment to certain acts, as amended. ".
33. Article 11 paragraphs 1 to 3 shall be added:
"(1) the subject of the assessment of the effects on the environment in excess of
the borders of the Czech Republic (hereinafter referred to as "the international assessment")
and) the intention referred to in annex 1, and the concept of under this Act, if
the concerned territory can intervene outside the territory of the Czech Republic,
(b)) the intention referred to in annex No. 1 or the concept of under this Act,
If the assessment of a State whose territory may be affected by serious
the effects on the environment (hereinafter referred to as "the State"), asks,
(c)) and the concept of intention, which is to be carried out on the territory of another State
(hereinafter referred to as the "State of origin") and which may have a significant effect on the
the environment within the territory of the Czech Republic.
(2) the competent authority shall, when Interstate assessment, in cooperation with the
The Ministry of Foreign Affairs.
(3) the Authority of the region is obliged to in the case of intent referred to in annex No. 1 to the
the law column (B) to refer the assessment of the Ministry,
If it finds that this is the intention referred to in paragraph 1. Further, it is obliged to
advance assessment of the concept of Ministry, if it finds that the
the concept referred to in paragraph 1. ".
34. In section 12, paragraph. 1 the words "under section 6 (1). 4, § 8 paragraph. 3 and under section 9 of the
paragraph. 8 "shall be replaced by the words" to express ".
35. In section 13 (3). 1, after the words "§ 11 (1). 1 ", the words" (a). and) "
and the words "§ 11 (1). 2 and the Ministry of Foreign Affairs after previous
the agreement with the Ministry with international assessments of the consent "
replaced by the words "§ 11 (1). 1 (a). (b)) ".
36. In section 13 paragraph 6 is added:
"(6) the Ministry is obliged to send to the State of opinion within 15
days from the date of its issue. Furthermore, it is required to send his application for release
related decisions under the specific legislation and this ^ 1a)
the decision, within 15 days from the date of their receipt. These applications and
decision of the administrative authorities are obliged to send to the Ministry on the basis of the
the request indicated in the opinion or on the basis of the application. ".
37. under section 14, the following new section 14a and 14b, which including the following titles:
"§ 14a
The concept of the assessment carried out by the Interstate on the territory of the Czech Republic
(1) if the Department determines that it is a concept in accordance with § 11 (1).
1 (a). and), or if the State concerned on the Interstate the assessment asked
under section 11 (2). 1 (a). (b)), shall forward the draft of the concept within 10 days from the date of
its receipt of the State concerned for an opinion. At the same time, the Ministry of
the State will offer consultation, in particular if the proposal is the concept of
processed in variations.
(2) If the State concerned for comments received to the proposal
the concept includes a requirement to participate in a transnational assessment,
Ministry of the State concerned shall obtain from the data on the State of the
the environment on its territory concerned. The Ministry shall send the following information to 5
working days from the date of their receipt of the petitioner and the assessors.
(3) If the State concerned expressed an interest in the consultation, the Department of
attend the consultation. Ministry in advance without delay, but no later than
5 working days from the date of the determination of the date of consultation, shall inform the
the place and time of consultations and by the petitioner
as an assessor. You are then required to participate in the consultation also.
Information on the consultation is the Ministry required to disclose under section 16.
(4) the Ministry of the State representation to the final draft of the concept
enter into the concept of opinion or stating the reasons for the omission
This representation or putting it only in part. Opinion on the concept of
the Ministry will send to the State within 10 days from the date of its issue.
(5) the authorising authority is obliged to send the Ministry a copy of
the concept within 30 days from the date of its approval. The Ministry is obliged to
approved the concept of the State concerned.
section 14b
International assessment of the concept carried out outside the territory of the Czech Republic
(1) If the Ministry receives the design concept, which will be carried out on the
the territory of the State of origin and any offer to consultation from the State of origin,
is required within 20 days from the receipt of the request to disclose information about the proposal
the concept, according to § 16 and send the design concept of the administrative authorities concerned and
the concerned local government units to express.
(2) to design the concept referred to in paragraph 1, each shall be entitled to send
the Ministry written statement within 30 days from the date of publication of the information about the
the design concept. The Ministry of all the comments along with your
expression and information, where applicable, consultation, it shall take part in the State
origin within 40 days from the date of publication of the design concept.
(3) at the request of the Ministry of the State of origin shall communicate the information about the State of the
environment on the territory of the Czech Republic, and within 30 days from the date of
the receipt of this request, unless specific legislation. ^ 5)
(4) if the Department receives timely information about the place and time of public
discussion held on the territory of the State of origin, shall publish it in accordance with section 16.
(5) the Ministry shall publish pursuant to § 16 information on approval of the concept to the
15 days from the date of receipt of such information from the State of origin. If
the Ministry receives from the State of origin of the approved concept, publish it on
the Internet within 20 days from the date of receipt. ".
38. In section 15, the word "notifier", the words "or
Submitter ", for the words" in accordance with § 6 "shall be inserted the words" or of the notification
the concept under section 10 c ", after the word" notifier "shall be inserted the words" or
the submitter, "after the word" intention "shall be inserted the words" or the concept "and
the word "notifier" shall be inserted the words "or the petitioner".
39. In section 16. 1 at the end of paragraph (e) shall be replaced by a comma and dot)
the following points (f) to (h))) are added:
"(f)) notification concept and about when and where it is possible to search,
(g)) of the draft concept and about how, when and where it is possible to search,
(h) consultation in international assessment). ".
40. In section 16. 2, the words "and the opinion" shall be replaced by ",
views and opinions on the concept ".
41. In section 16. 3, in the introductory part of the text the words "after consultation with the
the relevant authorities exercising State administration and territorial
administrative units "shall be deleted.
42. In section 16. 3 (b). and the words ") authorities exercising State
the Administration, which lies at least in part, the administrative districts in the territory, and
also on the official boards of municipalities concerned "shall be replaced by" the concerned
territorial self-governing units ".
43. In section 16 paragraph 4 is added:
"(4) the date of publication shall be the date when the fly information
and the opinion referred to in paragraphs 1 and 2 on the official notice board of the countryside.
Territorial authorities concerned are obliged to information and opinion
referred to in paragraphs 1 and 2 shall immediately posted on its notice board for a period of
at least 15 days, and inform the competent authority. ".
44. In § 17 paragraph. 2, the words "before" shall be replaced by the words "after the
the closing ".
45. In section 18, paragraph. 1, after the word "effects" is inserted after the word "intentions" and at the end of
paragraph 1, the following sentence "the costs associated with the assessment of the effects of
the concept of the environment, with the exception of costs related to the
publication, shall be borne by the offeror. ".
46. In section 18, paragraph. 2 the conjunction "and" is replaced by "referred to in § 9 (2). 9
This law and the costs associated with "and at the end of paragraph 2, the following
the sentence "the costs associated with the translation of documentation, report or proposal
the concept and the costs of interpreting are borne by the notifier, or
submitter. ".
47. In section 18, paragraph. 3 the first sentence, the words "specific legal
Code ^ 7) "shall be replaced by the words" commercial code "and footnote
No. 7) shall be deleted, in the second sentence, the words "after the date of receipt of the report"
replaced by the words "after the deadline for comments to the report" in a sentence
the third is the number "15" is replaced by "10".
48. In § 19 paragraph. 1 the words "documentation and assessment under this Act"
replaced by the words "documentation, assessment, notifications submitted pursuant to section 7 of the
paragraph. 4 and process evaluation ", the words" in accordance with the documentation and assessment
This law "shall be replaced by the words" of these documents "and at the end of
paragraph 1, the following sentence "in the case of projects listed in annex No. 1.
category I, and also for other intentions, if so stipulated in the conclusion
the discovery of the proceedings, must be part of the documentation relating to the assessment of
the effects on public health are processed by the person who is the holder of the certificate
professional competence for the area of the assessment of the effects on public health.
Certificate of professional competence for the area of the assessment of the effects on public
Health grants and withdraws the Ministry of health. ".
49. In section 19, paragraph. 3, after the words "competence,", the words
"practice in the field of at least 3 years".
50. In § 19 paragraph 5 is added:
"(5) For integrity, is considered to be the natural person who has not been
convicted of an offence that is related to the authorized activities in accordance with
of this law. The proof of the integrity of the document of
integrity, which is an extract from the criminal register not older than
3 months for foreigners like document of the State of which the foreigner is a national
a citizen or has permanent residence, or the affidavit in the
If the State of which he is a citizen, does not issue such a document. "
51. In section 19, paragraph 11, insert a new paragraph 12, which read:
(12) a fee associated with the examination of professional competence in the amount of 3 000 Czk
the candidate shall pay for this exam in advance on account of an allowance organization
or organizational component of the State, which the Ministry instructed
ensuring the proficiency tests. This payment will pay even for the
recurring test. ".
Paragraph 12 shall become paragraph 13.
52. In section 19 is at the end of paragraph 13, the following sentence "the Ministry
in agreement with the Ministry of health shall lay down by decree for more
the condition of professional competence for the area of the assessment of the effects on public
health, to their verification and the procedure for granting and withdrawing
certificate of professional competence for the area of the assessment of the effects on public
health. ".
53. In § 19 paragraph 14 to 16 shall be added:
"(14) the decision on the authorization is not required for a person who is established in the
another Member State of the European Union and in the territory of the Czech Republic intends to
temporarily to carry out an activity referred to in paragraph 1 if it proves that the
and) is a national of a Member State of the European Union,
(b)) is entitled to exercise the activities referred to in paragraph 1 in accordance with the legal
legislation of another Member State of the European Union.
(15) for failure to comply with the requirements for the performance of the activities referred to in paragraph 1 shall issue
the Ministry of the decision within 15 days after the day on which it was submitted
full evidence of compliance with the conditions referred to in paragraph 14 (a). and (b))).
(16) If a decision has not been issued according to paragraph 15, the activities referred to in
paragraph 1 can be exercised for a maximum period of 1 year from the date of
following the date of expiry of the time limit for the issue of this
decision. ".
54. In section 21 for the letter c) the following points (d) and (e))), including
footnote No. 8a):
"d) provides assessment of the territorial plan of the great territorial unit under section
10i and assessment concepts in cases where the concerned territory form
the whole territory of the county or counties within the territory extends more or on the territory of the
the national park or protected area ^ 8a) or if the
the territory consists of the whole territory of the State,
(e)) the European Commission provides, in accordance with the legislation of the European
community information in the assessment of the effects on the environment,
8A) Act No 114/1992 Coll. ".
Existing subparagraph (d)) to i) shall become letters (f)) to).
55. In section 21 at the end of subparagraph (f)), the words "and the concept of".
56. In article 21 (b). (h)), after the words "issued", the words "conclusions
detection and management. "
57. In article 21 (b). the word "), the processors", the words "and further
list of concepts and their assessors ".
58. In section 22 for the letter a), the following new subparagraph (b)), which read:
"(b)) provide assessment of the territorial plan of the municipality under section 10i and further
assessment concepts in cases where the concerned territory extends to the
jurisdiction of the County, unless the competent Ministry referred to in section 21 (a).
d),".
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
59. In section 22 (a). (c)), after the words "issued", the words "the conclusion
Discovery and management ".
60. In section 22 (a). (d)) for the word "processors", the words "and further
list of concepts and their assessors ".
61. In section 23, paragraph. 3 the word "notification" shall be replaced by the words "initiative to
expression ".
62. In section 23 paragraph 4 is added:
"(4) in justified cases, the Department can reserve assessment
project or concept, to which the assessment of the competent authority of the region.
The Ministry may, in justified cases, after consultation with the authority of the region
transfer assessment plan under section 21 (a). (c)) or the assessment of the concept of
under section 21 (a). (d)) on the authority of the region, if it can contribute to the speed and
efficiency assessment. ".
63. In section 23, paragraph. 5, the words "Ministry of health and population
the competent local authorities of public health service. "shall be replaced by the words" public
the Health Ministry of health for the intentions and the concept of more than
framework of the region and the territorially competent regional hygiene stations in other
cases. ".
64. In section 23, paragraph. 6, the words "Annex No 1 under paragraphs 3.2 to 3.5"
shall be replaced by ' in annex No. 1 to this Act, the category points 3.2
up to 3.5 and category II, point 3.5 ".
65. In section 23 is at the end of paragraph 7, the following sentence "the obligations referred to in section
4 (4). 2 (a). and (c))) shall apply mutatis mutandis. ";"
66. In section 23, the following paragraph 13, which read:
"(13) the evaluation of the consequences of plans and projects on the territory of the European major
sites and areas of protection of birds under special legislation
This Act is not affected. "
67. Part four shall be deleted.
68. in annex 1, the category and section 1.2, the words ", or if the
Converts the quantity of water over 2 000 million m3 per year, which exceeds 5%
the average annual runoff in the place of sampling. "shall be replaced by the words" or if the
the long-term average flow of the basin, where water is transferred, exceeds the 2
000 million m3 per year in the case that the amount of water transferred exceeds 5% of the
This flow. ".
69. in annex 1, the category points 1.5, 1.6, 1.7, 3.1, 3.6, 4.4, 4.8
and 5.7, the word "from" be replaced by the word "over".
70. in annex 1, the category I, point 1.1, the words "with the exception of ' shall be deleted.
71. in annex No 1, category I, point 1.1, the word "rendering plant"
the words "or of the rendering of the Constitution".
72. in annex 1, the category and section 4.4, the words "electrolytic or
chemical processes, "shall be deleted and the words" m2/year modified the area. "
replaced by the words "m2/year the total area of the editing.".
73. in annex 1, the category and section 5.1:
"5.1. Industrial plants for the:
and the production of pulp from wood) or similar fibrous materials
(b) production of paper and cardboard) with a production capacity exceeding 200 tonnes per
day. ".
74. in annex 1, the category and section 4.6:
"7.4. Industrial production of pharmaceutical products using a chemical or
biochemically. ".
75. in annex 1, the category I, after item 4.8 the following item 4.8,
added:
"4.8 a new device for the production of titanium dioxide or its
production, if the capacity is increased by 15 000 t/year or more. ".
A cross is added to the column.
76. in annex 1, the category and item 9.1, the word "tracks" is replaced by
the word "railways".
77. in annex 1, the category and section 5.8 shall be deleted and the end of the period
added the words "and the expressways.".
78. in annex 1, the category and section 5.8, the words "other than those referred to in point
9.3, with four or more lanes, longer than 10 km. "shall be replaced by
the words "of four or more lanes of longer than 10 km, or
local roads with four or more lanes is greater than 1
km. ".
79. in annex 1, the category and section 10.1 at the end of words "with the
capacity above 1000 t/year ".
80. in annex 1, the category II, point 1.6:
"1.6 ponds to breed fish with obsádkou when zarybnění over 10 t live
mass. ".
81. in annex 1, the category II, point 1.8 is added:
"the subscription or transfer of water, 1.8 water between river basins or between the sub parts
the catchment area if the amount subscribed or transferred water from 10 to 100
million m3 per year, or if the long-term average flow of the basin, where the
water transfers, is from 200 to 2 000 million m3 per year in the event that the volume of
water transferred exceeds 5% of this flow. the pumping of groundwater, or
artificial recharge of groundwater supplies in volume from 1 to 10 million m3
year. ".
82. in annex 1, the category II, point 1.2:
"1.9 wastewater treatment plant with a capacity from 10 000 to 100 000
population equivalent, sewage from 5 000 to 50 000 customers
population or industrial sewer with a diameter of more than 500 mm. ".
83. in annex No 1, category II, point 2.6 is replaced by the word "River"
the words "or the flood plains of water".
84. in annex No 1, category II, point 2.11:
"2.11 Deep drilling for the storage of radioactive or hazardous
waste, deep drilling, deep drilling for geothermal water supply
in the case of water supply for public use, with the exception of drillings for the research of the stability of the
land. ".
85. In Appendix 1, point 3.2, category II, the words "from the maximum
performance 5 kWe. "shall be replaced by the words" with a total installed power of more
than 500 kWe or stand with height exceeding 35 metres. ".
86. in annex 1, point 3.3, category II:
"3.3 hydroelectric power plants with a total installed power production plants over 50
MWe. ".
87. in annex 1, point 3.4, category II:
"3.4 hydroelectric power plants with a total installed power of the plant producing 10 MWe
the 50 MWe. ".
88. in annex 1, section 3.7, category II, the words "more than" shall be deleted.
89. in annex No 1, category II, point 4.1 is replaced by the word "Plant"
the words "industrial premises".
90. in annex 1, the category II point 4.2, the words ' electrolytic
or chemical processes "shall be replaced by" including paint shops, "and the words
"m2/year modified area." shall be replaced by the words "m2/year the total area
edits. ".
91. in annex 1, the category II is for the added section 5.6 and 5.7.
3.6:
"5.7 industrial plants for the production of paper and cardboard (projects, Uncategorized
in the category). ".
"X" is added to column (B).
"5.8 equipment for manufacture and processing of cellulose.".
"X" is added to column (B).
92. in annex No 1, category II, point 7.1, the word "chemical" is deleted and
at the end of the dot is deleted and the following words "above 100 t/year.".
93. in annex 1, point 7.5 of category II, the words "in point 7.3" shall be deleted.
94. in annex 1, the category II shall be added to point 7.5, 7.6,
added:
"4.7 other devices for the manufacture of titanium dioxide (not listed in the
category I in point 7. ^ 8). ".
A cross is added to the column.
95. in annex No 1, category II, point 9.1 and is deleted at the end of period
shall be added the words "or local roads for four and more
bars that are longer than 500 m. ".
96. in annex 1, point 9.2 of the category II, the word "tracks" is replaced by
the word "railways".
97. in annex 1, the category II, point 10.1 shall be replaced by the end of the period
a semicolon and the following words "hazardous waste management with
capacity from 100 to 1000 t/year. ".
98. in annex 1, the category II, point 6.5, the words "toxic substances"
replaced by the words "of selected hazardous substances (highly toxic,
toxic, harmful, corrosive, irritant, EEC sensitizing,
carcinogenic, mutagenic, toxic for reproduction, dangerous for the
the environment) ^ 11a) ".
Footnote No. 11a):
"11a) Act No. 157/1998 Coll., on chemical substances and chemical
products and amending certain other acts, as amended
regulations. ".
99. in annex 1, the category II, point 6.6:
"6.6 the inventory or business complexes, including shopping centres,
the total area of over 3 000 m2 of built-up areas; parking or garage
capacity of over 100 parking spaces in the sum for the entire construction. ".
100. In annex II, point 1, category 10.13, the words "referred to in
the approved territorial planning documentation. "shall be replaced by the words" on the desktop, over the
5 000 m2. ".
101. in annex 1, the category II, point 10, the words "the selected types
natural habitats in national parks, reserves, national
natural monuments and protected landscape areas that are
listed in annex 7 to this Act, and the characteristics of the landscape,
which are of great importance for wildlife and wild
plants listed in annex 8 to this Act. "shall be replaced by
including a footnote No. 12a) "State of the environment in particularly
protected areas in accordance with the specific legislation ^ 12a) or if the
special legislation so provides.
12A), for example, Act No. 114/1992 Coll., Act No. 254/2001 Coll. ".
102. In annex 2, point 5. the words "harassment of the population"
replaced by the words "the effects on public health."
103. in annex 3, in the heading of paragraph (D). the word "POPULATION" is replaced by
the words "public health".
104. in annex No 4, in the heading of part D, the word "POPULATION" is replaced by
the words "public health".
105. Annex 7 to 9:
"Appendix No. 7 to the Act No 100/2001 Coll.
Essentials reporting concepts
AND THE PARTICULARS OF THE PETITIONER.
1. Name of organization
2. the IDENTIFICATION NUMBER, if assigned
3. The headquarters (residence)
4. the name, surname, place of residence, telephone number and e-mail of the authorized representative
the petitioner
(B) DETAILS OF THE CONCEPT.
1. The name of the
2. The content focus (outline)
3. the nature of the
4. Justification of the needs of the acquisition
5. The basic principles and practices (phases) solutions
6. The main objectives of the
7. Overview of the variants planned solutions
8. Relationship to other concepts and the possibility of cumulation of the effects on the
environment and public health, with different intentions
9. The anticipated completion date
10. The design period
11. the method of approval
(C) THE PARTICULARS OF THE AFFECTED TERRITORY.
1. the definition of the territory of the
2. Enumeration of concerned territorial self-governing units, which can be
the concept of affected
3. basic characteristics of the State of the environment in the territory of the
4. Existing environmental problems in the territory of the
(D) THE ANTICIPATED ENVIRONMENTAL EFFECTS. THE CONCEPT ON THE ENVIRONMENT AND PUBLIC HEALTH
IN THE TERRITORY OF THE
E. ADDITIONAL INFORMATION
1. Enumeration of the possible transboundary impact of the concept of the Czech Republic
2. Map documentation and other documentation relating to the information in the notice
the concept of the
3. Other relevant information to the promoter about the possible effects on the
environment and public health
Date of notification processing concept
Name, surname, address, telephone and e-mail of the person (s) (s)
participated in (s) to process the notification concept
Signature of the authorized representative of the petitioner
Annex No 8 to the Act No 100/2001 Coll.
The criteria for investigation
1. the content of the concept, in particular with regard to:
and the effectiveness of the established variant solutions. to achieve the objectives pursued,
the concept;
b. the extent to which the concept of sets a framework for projects and other activities, and
either due to their location, nature, size and operating conditions
or in terms of the requirements on natural resources;
c. the extent to which it affects other concepts;
(d) the importance of the concept for the integration. the requirements for the protection of
environment and public health, in particular with regard to the promotion of sustainable
development;
(e) the impact of the concept of sustainable development of the territory (including the
socio-economic aspects);
(f). the problems of the environment and public health, which are serious
for the concept;
(g). the importance of the concept for the implementation of the requirements arising from legislation
the laws of the European Community relating to the environment and
public health (e.g. plans and programmes in the field of waste management
holding or water protection).
2. Characteristics of the effects of the concept on the environment and public health
and the characteristics of the territory, in particular with regard to:
and the likelihood of, duration, frequency and reversibility of the impact.
(b) the cumulative and synergetic. nature of influence;
(c). cross-border nature of influence;
d. risk for the environment and public health resulting from
the implementation of the concept (e.g., natural disasters, accidents);
e. the severity and extent of the impact (the number of population, which could be
probably hit);
(f). the importance of the vulnerability of areas that could be affected, with
regard to the:
i. special natural characteristics or cultural heritage,
II. population density of population and the degree of urbanization,
III. exceeded environmental quality standards or limit values,
IV. the quality of the soil and the intensity of its use;
g. impact on areas or landscapes with a recognized status of the protection on the
the national, community or international level.
Annex No 9 to the Act No 100/2001 Coll.
The elements of the concept in terms of the assessment of the effects on the environment
and public health
1. the content and objectives of the concept, its relation to other concepts.
2. Information about the current state of the environment in the affected territory, and
its likely evolution thereof without implementation of the concept.
3. the characteristics of the environment in the areas, which could be
making the concept significantly affected.
4. all of the current environmental problems, which are important
for the concept, in particular relating to areas with special meaning
for the environment (e.g., areas requiring protection under
special legislation ^ 12a)).
5. Environmental protection objectives set at the international,
community or national level, which are related to the concept, and
how these objectives were taken into account during its preparation, in particular
When you compare variant solution.
6. Severe effects (including secondary, cumulative, synergistic,
short-, medium-and long-term, permanent and temporary,
the positive and negative effects) of the proposed variants on the concept
the environment.
7. The measures envisaged to prevent, reduce or offset any
serious adverse effects on the environment resulting from
the implementation of the concept.
8. the reasons for the selection of the investigated variants and a description of how it was
the assessment carried out, including any problems in collecting
the required data (such as technical deficiencies or lack of
know-how).
9. Establish monitoring indicators (indicators) of the influence of the concept of the
the environment.
10. A description of the planned measures to eliminate, minimise and offset
the negative environmental effects identified in the implementation of the concept.
11. Determination of the indicators (criteria) for project selection.
12. the concept of Effects on public health.
13. A non-technical summary of the above information.
14. Summary of settlement observations received to the concept from the perspective of
the effects on the environment and public health.
15. Conclusions and recommendations, including draft opinion to the concept. ".
Article II
Transitional provisions
1. assessment of the projects initiated before the date of entry into force of this Act
shall be completed pursuant to the Act No 100/2001 Coll. on environmental impact assessment
environment and amending certain related laws (the law on the assessment of
the effects on the environment), in the version effective prior to the date
the effectiveness of this Act.
2. the assessment of development policies and programmes initiated prior to the date
the effectiveness of this law shall be completed in accordance with Act No. 244/1992 Coll., on the
environmental assessment of development policies and programmes on the environment,
in the wording of later regulations.
Article. (III)
Cancellation provisions
Shall be repealed:
1. Act No. 244/1992 Coll., on the assessment of the effects of developing concepts and
programmes on the environment.
2. In Act No. 132/2000 Coll., amending certain laws
associated with the regions, the municipalities Act, the Act on
the district offices and the Act on the capital city of Prague, part of the forty-eighth.
Article IV
The effectiveness of the
This law shall enter into force on 1 January 2005. in May 2004.
Zaorálek in r.
Klaus r.
Spidla in r.
