100ACT

of 23 March 2001on environmental impact assessment and amending some related Acts

(the Act on environmental impact assessment)

The Parliament has passed the following Act of Law of the Czech Republic:

PART ONEENVIRONMENTAL IMPACT ASSESSMENT

CHAPTER I.Introductory Provisions

§ 1

Subject of the Regulation

(1) The Act deals with environmental impact assessment and the procedure for natural and legal persons, administrative authorities and territorial self-governing units (municipalities and regions) in this assessment.

(2) Plans as delimited in this Act , the implementation of which could have serious environmental impact, shall be subject to environmental impact assessment.

(3) The purpose of the environmental impact assessment shall be to obtain an objective professional foundation for issuing a decision or measure pursuant to the special regulations1). This foundation shall be one of the basic documents in procedures pursuant to the special regulations.1)

§ 2

Scope of the Assessment

Assessment shall be carried out of the impacts on the population and impacts on the environment, including impacts on fauna and flora, ecological systems, the soil, the geological environment, water, air, climate and landscape, natural resources, tangible property and cultural monuments, delimited by the special regulations2) and on the mutual interactions and connections between them.

1 ) E.g. Act No. 50/1967 Coll., on territorial planing and the construction code of procedure (the Construction Code), as amended, Act No. 44/1988 Coll., Act No. 138/1973 Coll., on waters, as amended, Act No. 13/1997 Coll., on roadways, as amended, Act No. 266/1994 Coll., on railways, as amended, and Act No. 49/1997 Coll., on civil aviation and amending and supplementing Law No. 455/1991 Coll., on small businesses (the Small Business Act ), as amended, as amended.

2 ) E.g. Act No. 44/1988 Coll., Act No. 138/1973 Coll., Act No. 114/1992 Coll., on protection of nature and the landscape, as amended, Act No. 20/1966 Coll., on care for the health of the population, as amended, Act No. 289/1995 Coll., on forests and amending and supplementing some Acts (the Forest Act ), as amended, Act No. 17/1992 Coll., on the environment, as amended by No. 123/1998 Coll., Act No. 309/1991 Coll., on protection of the air against pollutants (the Clean Air Act ), as amended, Act No. 86/1995 Coll., on protection of the ozone layer of the Earth and Act No. 20/1987 Coll., on state memorial care, as amended.

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§ 3

Basic Definitions

For the purposes of this Act , the following definitions shall be valid

a) plan shall be a construction work, activity and technology as set forth in Annex No. 1 to this Act ,

b) affected territory shall be the territory whose environment and population could be significantly affected by the implementation of the plan,

c) affected territorial self-governing unit shall be the self-governing unit whose administrative area consists at least in part of the affected territory.

§ 4

The Subject of Environmental Impact Assessment of Plans

(1) The subject of assessment pursuant to this Act shall be

a) plans set forth in Annex No. 1, Category I, which shall always be subject to assessment,

b) plans set forth in Annex No. 1, Category II, if so laid down in a fact-finding procedure pursuant to § 7, and

c) changes in any plan set forth in Annex No. 1, if its capacity or extent is to be increased by 25% or more, or if there is a significant change in the technology, management of operations or manner of use thereof and if so laid down in a fact-finding procedure pursuant to § 7.

(2) The subject of assessment pursuant to this Act shall also not be a plan or part thereof about which the Government makes a decision in cases of emergency, state of danger and state of war3), for urgent reasons of defense or to comply with international agreements binding the Czech Republic and when the plan is employed for immediate prevention or mitigation of unpredictable events that could seriously affect the health, safety or property of the population or the environment. This may not be laid down for plans that are subject to transboundary environmental impact assessment for the Czech Republic pursuant to § 11. In relation to plans excluded pursuant to the first sentence, the Government shall be obligeda) to appropriately inform the public of this decision, together with justification therefore,

pursuant to § 16,

b) to consider the possibility of other environmental impact assessment therefore, with public participation,

c) prior to issuing a decision or measure pursuant to the special regulations1), to inform the European Commission of the reasons for exclusion pursuant to the first sentence of this paragraph and provide it with the information made public in the framework of any assessment pursuant to letter b).

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§ 5

The Manner of Environmental Impact Assessment of a Plan

(1) The assessment shall include determining, description, assessment and evaluation of expected direct and indirect environmental impacts of implementing or not implementing the plan.

(2) The environmental impacts of plans shall be assessed in relation to the state of the environment in the affected territory at the time of submitting notification of the plan.

(3) In assessing a plan, the impact on the environment shall be assessed for its preparation, implementation, operation and termination, including the results of liquidation thereof, as appropriate, and also decontamination or reclaiming of the area, if the obligation of decontamination or reclaiming is laid down by the special regulation.1) Both normal operations and the possibility of accidents3) shall be assessed.

(4) Assessment of plans shall also include a proposal for measures to prevent detrimental impacts on the environment through implementation of the plan, to prevent, reduce, mitigate or minimize such impacts, or to increase the favourable impacts on the environment of implementing the plan, including evaluation of the expected effects of the proposed measures.

§ 6

Notification

(1) Every natural person and legal person who intends to implement a plan (hereinafter the "notifier") shall be obliged to submit notification of the plan (hereinafter "notification") to the Ministry or the regional authority in delegated jurisdiction in whose territorial administrative area the plan is proposed (hereinafter the "relevant authority"). If the plan is proposed in the territory of several regions, the notifier shall send the notification to the Ministry of the Environment (hereinafter the "Ministry"). In this case, the Ministry shall decide on which regional authority is competent to carry out the assessment and shall immediately send it the notification for further proceedings.

(2) The notifier shall be obliged to submit the notification to the relevant authority in writing and on a technical data carrier, or to send it by electronic mail (hereinafter "in electronic form"). The requisites of the notification are laid down in Annex No. 3 to this Act. If a plan is involved that is subject to assessment pursuant to Annex No. 1 to this Act, the notifier must always give an indication of the studied main variants and key reasons for its choice in relation to the environmental impact. Notification may also be submitted with content and scope pursuant to Annex No. 4 to this Act , in a number of copies laid down by agreement with the relevant authority.

(3) Within 5 working days of obtaining the notification, the relevant authority shall send a copy thereof for a viewpoint to the affected administrative authorities and affected

3 ) E.g. Act No. 353/1999 Coll., on prevention of major accidents caused by selected hazardous chemical substances and chemical preparations and amending Act No. 425/1990 Coll., on District Authorities, outlining of their competence and some other related measures, as amended ( Act on prevention of major accidents) as amended by Act No. 258/2000 Coll.

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territorial self-governing units. Within the same period of time, pursuant to § 16 it shall provide for making public of information on the notification and the part of the notification containing its generally comprehensible summary in the sense of Part G of Annex No. 3 to thisAct . The regional authorities in delegated jurisdiction (hereinafter the "regional authorities") shall send a copy of the notification to the Ministry within the same period of time.

(4) Every person may send his (her) written opinion on the notification to the relevant authority within 15 days of the day of making public of information on the notification. The period of time for a viewpoint by the affected administrative authority and territorial self-governing unit shall begin to run on the date of delivery of the notification. If a notification with content and scope pursuant to Annex No. 4 of this Act was submitted, this period of time shall be prolonged by 15 days. The relevant authority need not take into account viewpoints sent after the deadline.

§ 7

Fact-Finding Procedures

(1) The objective of the fact-finding procedure is to refine information that should be included in the documentation on the environmental impact (hereinafter "documentation"), in relation to

a) the nature of the specific plan or kind of plan,

b) environmental factors referred to in § 2 that could be affected by implementing the plan,

c) the current state of knowledge and assessment methods.

For plans set forth in Annex No. 1, Category II and for changes in plans pursuant to § 4 par. 1 letter c), the objective of the fact-finding procedure shall also be determination of whether the plan or change therein is to be assessed pursuant to this Act. The fact-finding procedure shall be commenced and carried out on the basis of notification and the viewpoints obtained thereon, and pursuant to the points of view and factors set forth in Annex No. 2 to this Act .

(2) The relevant authority shall terminate the fact-finding procedure at the latest 30 days from receiving the notification pursuant to § 6. If a notification was submitted with requisites pursuant to Annex No. 4, this deadline shall equal 45 days. After completing the fact-finding procedure, the relevant authority shall immediately send the written conclusions to the notifier, the affected administrative authorities and affected territorial self-governing units and shall make it public pursuant to § 16 within the same period of time.

(3) Part of the written conclusions pursuant to paragraph 2 shall be a summary evaluation of all the comments contained in the viewpoints pursuant to § 6 par. 3 and 4. Copies of all the viewpoints obtained shall be an integral annex to this conclusion.

(4) If a notification was submitted with requisites pursuant to Annex No. 4 and the relevant authority did not obtain any negative viewpoint thereon, it may lay down in the conclusion pursuant to paragraph 2 that the documentation need not be prepared and the notification shall be considered to constitute the documentation. Otherwise, on the basis of the viewpoint pursuant to the previous sentence, the relevant authority shall lay down in its conclusion pursuant to paragraph 2 how the notification should be elaborated so that it can replace documentation.

(5) In the conclusion pursuant to paragraph 2, the relevant authority must propose the preparation of variant approaches for the plan, which generally differ in the location,

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capacity, technology employed or moment of implementation, if the implementation thereof is demonstrably useful and technically feasible. It shall be permitted only exceptionally and on the basis of justification to propose preparation of a variant of the design of the plan different from the approved land-use planning documentation.

(6) In the conclusion pursuant to paragraph 2, the relevant authority shall lay down in relation to the number of affected administrative authorities and affected territorial self-governing units, how many copies of the documentation of the plan the notifier is to submit thereto.

§ 8

Documentation

(1) On the basis of the notification, viewpoints on the notification pursuant to § 6 par. 3 and 4, and the conclusion to the fact-finding procedure pursuant to § 7, the notifier shall provide for preparation of documents in written form in a number of copies laid down pursuant to § 7 par. 6 and in electronic form. In justified cases, especially for technical and economic reasons, the relevant authority may decide not to require provision of electronic form. The requisites of the documentation are set forth in Annex No. 4 to this Act.

(2) Within 5 working days of the date of delivery thereof, the relevant authority shall publish the documentation on the Internet and send it for a viewpoint to the affected administrative authorities and affected territorial self-governing units. Within the same period of time, it shall ensure that information on the documentation is made public pursuant to § 16.

(3) Every person may submit a viewpoint on the documentation to the relevant authority in writing within 30 days of the date when information on the documentation is made public. The authority need not take into account viewpoints sent after this deadline.

(4) If the relevant authority concludes that the documentation does not contain the requisites on the basis of this Law, it shall return such documentation within 40 days of the date when the information is made public pursuant to paragraph 2 to the notifier for supplementing or reworking, together with specification of the required requisites, or shall request supplementary information therefrom; otherwise, it shall deliver this documentation to the person preparing the report on the environmental impacts (hereinafter the "expert report") within the same period of time.

§ 9

The Expert Report

(1) The relevant authority shall provide for preparation of the expert report on the basis of an agreement with a person authorized therefore pursuant to § 19 (hereinafter the "person preparing the expert report").

(2) The person preparing the expert report shall prepare this report on the basis of the documentation or notification and all the viewpoints submitted thereon. The requisites of the expert report are set forth in Annex No. 5 to this Act .

(3) The period for preparing the expert report must not exceed 60 days from the date when the documentation, including all viewpoints received thereon, was delivered to the person preparing the expert report. This period of time may be exceeded in justified, and especially in complex cases, however, by a maximum of a further 30 days.

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(4) If the person preparing the expert report requires individual documents for verification of information on the environmental impacts of implementing the plan from other experts, (s)he shall be obliged to state this fact in the expert report. A person who participated in preparing the notification or documentation may not participate in any way in preparation of the expert report.

(5) On the basis of recommendations of the person preparing the expert report and at the latest 30 days from the date when the documentation on the plan was delivered to the person preparing the expert report, the relevant authority may return this documentation to the notifier for reworking or supplementing. The person preparing the expert report must not rework or supplement the evaluated documentation.

(6) The notifier shall be obliged, at his own expense, to provide the person preparing the expert report with the basic documents that were used in preparing the documentation, within 5 working days of the date when (s)he obtained a request therefor from the person preparing the expert report.

(7) The person preparing the expert report shall send the expert report to the relevant authority in the agreed number of copies, at the agreed time and in the agreed form. Within 5 working days of the date when it was obtained by the notifier, the relevant authority shall send the expert report to the affected administrative authorities and affected territorial self-governing units. Within the same period of time, it shall publish the expert report on the Internet and ensure that information on the expert report on the plan is made public pursuant to § 16.

(8) Every person shall be authorized to send the relevant authority a written viewpoint within a period of 30 days of the date when the information thereon is made available to the public, or to express an opinion thereon at the public hearing pursuant to paragraph 9. In further procedure, the relevant authority need not take into account viewpoints sent after expiry of this period of time.

(9) If the relevant authority obtained a negative viewpoint on the documentation or expert report, it shall provide for a public discussion of the expert report and simultaneously of the documentation pursuant to § 17.

§ 10

Statement on the Environmental Impact Assessment of Implementing the Plan

(1) On the basis of the documentation or notification, expert report and public hearing pursuant to § 9 par. 9 and the viewpoints submitted thereon, as appropriate, the relevant authority shall issue a statement on environmental impact assessment of the plan (hereinafter "statement) within 45 days of the date of making public information on the expert report. The requisites of the statement are set forth in Annex No. 6 to this Act .

(2) Within 50 days of the date when information on the expert report is made available to the public, the relevant authority shall send the statement to the notifier, affected administrative authorities and affected territorial self-governing units. Within the same period of time, it shall publish the statement on the Internet and shall ensure that it is made available to the public pursuant to § 16.

(3) The statement shall be a basic expert document for issuing a decision or measure pursuant to the special regulations.1) The statement shall be submitted by the notifier as one of

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the basic documents for related procedures or processes pursuant to the special regulations. The statement shall be valid for a period of 2 years from the date of issuing thereof. On the basis of a request by the notifier, the validity may be extended by two years, which may be repeated if no substantial change has occurred in implementation of the plan, conditions in the affected territory, new knowledge related to the substantive content of the documentation and developments in new technologies utilizable in the plan. This period of time shall be interrupted if a related procedure has been commenced pursuant to the special regulations.1)

(4) In the absence of a statement, it shall not be possible to issue a decision or measure required for implementing or carrying out the plan in any administrative or other procedure pursuant to the special regulations1). In such procedures, the relevant authority shall be the affected administrative authority. An administrative authority that issues a decision or measure pursuant to the special regulations1) shall include, in its decision or measure, requirements for protection of the environment set forth in the statement, if set forth therein, or it shall state in its decision or measure the reasons why it did not do so or did so only partly.

CHAPTER II

Transboundary Environmental Impact Assessment for the Czech Republic

§ 11

The Subject of Transboundary Environmental Impact Assessment for the Czech Republic

(1) The subject of transboundary environmental impact assessment for the Czech Republic (hereinafter "transboundary assessment") shall be a plan set forth in Annex No. 1, provided that the affected territory extends beyond the territory of the Czech Republic.

(2) The subject of transboundary assessment may also consist in a plan set forth in Annex No. 1, if a state whose territory will be affected by significant environmental impacts of the plan so requests (hereinafter an "affected state") and the state on whose territory the plan is to be implemented (hereinafter the "state of origin") has agreed thereto.

(3) For a plan referred to in Annex No. 1, column B, the regional authority shall be obliged to request assessment by the Ministry if it discovers that this is a plan pursuant to paragraph 1. The Ministry shall always reserve the right to assess plans referred to in Annex No. 1, column B if it finds that this is a plan pursuant to paragraph 2.

§ 12The Manner of Transboundary Assessment

(1) In transboundary assessment, a procedure pursuant to Chapter One of this Act shall be followed, unless the provisions of Chapter II of this Act or international agreements binding the Czech Republic lay down the procedure in transboundary assessment otherwise. The deadlines pursuant to § 6 par. 4, § 8 par. 3 and § 9 par, 8 for transboundary assessment may be prolonged by up to 30 days by the Ministry if the affected state so requests. In such case the other deadlines shall be appropriately prolonged.

(2) In case of contention as to whether transboundary assessment shall be subject to the regulations valid in the territory of the affected state or the regulations valid in the state of

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origin, the legal regulations valid in the territory of the state of origin shall apply unless an international agreement binding the Czech Republic lays down otherwise.

(3) On the basis of a request from either of them, the state of origin and the affected state shall determine whether post-project analysis is to be carried out and, if so, to what extent., taking into account potential significant detrimental transboundary impact of the plan that was the subject of transboundary assessment. Any post-project analysis will include especially constant monitoring of the consequences of implementing the plan and determination of any detrimental transboundary impact. This constant monitoring and determination of impacts may be carried out for the purpose of achieving the following objectives:

a) monitoring of compliance with the conditions laid down in the decision or measure pursuant to the special regulations1) and the effectiveness of mitigating measures,

b) examination of the impact of the plan and dealing with questions arising during the post-project analysis,

c) verification of previous forecasts in an attempt to utilize the information gained in implementing similar plans in the future.

(4) If, on the basis of the post-project analysis, the state of origin or affected state has justified reasons for concluding that there is a significant detrimental transboundary impact, or if factors have been determined that could lead to such an impact, it shall immediately inform the other state. After coming to an agreement, the state of origin and the affected state shall subsequently lay down necessary measures to decrease or prevent this impact.

§ 13Transboundary Assessment of Plans Implemented in the Territory of the Czech

Republic

(1) If the Ministry discovers that a plan pursuant to § 11 paragraph 1 is involved or if the affected state has requested assessment of the plan pursuant to § 11 paragraph 2 and the Ministry of Foreign Affairs, following prior agreement with the Ministry, has expressed approval of the transboundary assessment, it shall send notification together with information on the course of the assessment pursuant to this Law and information on related decisions that can be adopted pursuant to the special regulations1) to the affected state for an opinion within 5 working days.

(2) If the received opinion of the affected state on the notification of the plan sent thereto contains the intention to participate in the transboundary assessment, the Ministry shall request information from the affected state on the state of the environment in its affected territory. The Ministry shall send this information within 5 working days of the date of receipt thereof to the notifier for use in preparing documents that must always be prepared in the case of transboundary assessment, and shall also provide it to the person preparing the expert report.

(3) Within 20 days of obtaining the documentation, the Ministry shall send these documents to the affected state and offer preliminary consultations, particularly if the documentation is prepared in variants, including description of measures for mitigating significant transboundary impacts (hereinafter "consultations"). If the affected state expresses interest in consultations, the Ministry shall participate in such consultations. The Ministry shall provide information immediately and at the latest 5 days prior to the date set for the

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consultations on the place and time of the consultations to the notifier and, through him (her), to the person preparing the documentation. These persons shall then be obliged to also participate in the consultations. The Ministry shall be obliged to make information on the consultations public pursuant to § 16.

(4) Within 5 working days of obtaining the viewpoint of the affected state on the documentation, the Ministry shall deliver this viewpoint as a basic document for evaluating the plan to the person preparing the expert report.

(5) The Ministry shall incorporate the opinion of the affected state in the statement, or shall set forth therein the reasons why it did not incorporate it partly or entirely in its statement.

(6) The Ministry shall be obliged to send to the affected state the statement within 15 days of issue thereof and the related decision issued pursuant to the special regulations1) within 15 days of receipt thereof. The administrative authorities shall be obliged to send these decisions to the Ministry on the basis of a request therefrom.

§ 14Transboundary Assessment for Plans Implemented outside the Territory of the Czech

Republic

(1) If the Ministry obtains notification of a plan or otherwise learns of a plan that will be implemented or carried out in the territory of the state of origin, it shall be obliged within 5 working days after receipt thereof to make public information on such notification pursuant to § 16 and to send it to the affected administrative authorities and the affected territorial self-governing units for an opinion.

(2) Every person shall have the right to send a viewpoint in writing on the notification pursuant to paragraph 1 within 15 days of the date of making public information on such notification to the Ministry. The Ministry shall send all viewpoints together with its own viewpoint to the state of origin within 30 days of the date of making public information on the notification pursuant to paragraph 1.

(3) On the basis of a request from the state of origin, the Ministry shall communicate information on the state of the environment in the affected territory of the Czech Republic, which it shall do within 30 days of the date of receiving such request, unless a special regulation prevents this.4)

(4) If the Ministry has obtained documentation and any offer for consultations from the state of origin, it shall send such documents for a viewpoint to the affected administrative authorities and affected territorial self-governing units and shall make information on such documents available to the public pursuant to § 16.

(5) Every person shall have the right to send a viewpoint in writing to the Ministry, on the documentation referred to in paragraph 4, within 15 days of the date when information on such documentation is made available to the public. The Ministry shall send all viewpoints together with its own viewpoint and information that it will participate in the consultations to the state of origin within 30 days of the date when information on the documentation pursuant to paragraph 4 is made available to the public.4 ) E.g. the Civil Code, the Commercial Code, the Criminal Code, Act No. 527/1990 Coll., on

inventions, industrial samples and suggestions for improvement, as amended, Act No. 101/2000 Coll., on protection of personal information and amending some Acts, as amended by Act No. 227/2000., Act No. 148/1998 Coll.

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(6) If the Ministry obtains information on the place and time of a public hearing held in the territory of the state of origin, it shall make it available to the public pursuant to § 16.

(7) If the Ministry obtains the conclusions of the state of origin on assessment of the plan and a decision of the state of origin on the basis of subsequent procedures, it shall make information on this conclusion and/or this decision available to the public pursuant to § 16 within 15 days of receipt thereof.

CHAPTER IIIJoint, Temporary and Concluding Provisions

Section 1.Joint Provisions

§ 15Preliminary Hearings

If so requested by the notifier prior to submitting the notification pursuant to § 6, the relevant authority and the affected administrative authorities shall be obliged to discuss the proposed plan with the notifier and deliver to him (her) the results of a preliminary hearing with other affected administrative authorities, affected territorial self-governing units and/or other entities, as appropriate. On request from the notifier, the relevant authority and the affected administrative authorities shall be obliged to provide him (her) with information on the environment pursuant to the special regulations.5)

§ 16

Making Information Available to the Public on Documents Obtained during the Assessment and on Public Hearings

(1) The relevant authority shall ensure that information is made available to the public ona) the notification and when and where it may be perused,b) the place and time of holding the public hearing pursuant to this Act,c) returning documentation for reworking or supplementing,d) the documentation and on when and where it may be perused,e) the expert report and on when and where it may be perused.

(2) The relevant authority shall also ensure that the conclusion of the fact-finding procedure and statement are made available to the public.

(3) The relevant authority shall ensure that, following deliberation with the affected authorities executing the state administration and the affected territorial self-governing units, information and statements referred to in paragraphs 1 and 2 are made available to the publica) on the official notice boards of authorities executing the state administration, whose

administrative areas lie at least partly in the affected territory and also on the official notice boards of the affected municipalities,

b) on the Internet, andc) in at least one of the other ways usual in the affected territory (e.g. in the local press, on

the radio, etc.).

5 ) Act No. 123/1998 Coll., on the right to information on the environment, as amended by Act No. 132/2000 Coll.

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(4) The date of making available to the public shall be considered to be the day on which the same information and statements pursuant to paragraphs 1 and 2 were displayed last on the official notice board of any of the affected authorities executing the state administration. The authorities executing the state administration shall be obliged to inform the relevant authority of the day of displaying such information and statement in writing within 7 days of the date of display thereof on its official notice board.

(5) Information that cannot be made public pursuant to the special regulation5) shall be deleted from information and statements made available to the public pursuant to paragraphs 1 and 2.

§ 17The Public Hearing

(1) The relevant authority shall be obliged to make information on the public hearing available to the public pursuant to § 16 at least 5 days prior to the holding thereof.

(2) The relevant authority shall be obliged to ensure that the public hearing is held at the latest 5 days prior to expiry of the period of time for stating a viewpoint on the expert report.

(3) The relevant authority may terminate the public hearing in case of failure to participate on the part of the notifier or person preparing the documentation or expert report.

(4) If the relevant authority has terminated a public hearing pursuant to paragraph 3, it shall be obliged to lay down the place and time of a new public hearing, at the latest 5 working days from the date of termination of the public hearing. The day when the public hearing is held shall then be considered to be the date of holding the new public hearing; the other deadlines shall be appropriately prolonged.

(5) The relevant authority shall draw up minutes of the public hearing, which shall contain in particular information on participation and the conclusions of the hearing, and shall also prepare a complete stenographic recording or audio-recording thereof.

(6) The relevant authority shall be obliged to send the minutes of the public hearing to the notifier, the affected administrative authorities and the affected territorial self-governing units and to make them available to the public on the Internet.

(7) Facts protected by the special regulations5) shall not be the subject of a public hearing.

§ 18Costs Connected with Environmental Impact Assessment

(1) The costs connected with environmental impact assessment, with the exception of costs connected with the public hearing and making information available to the public, shall be borne by the notifier.

(2) The costs connected with the public hearing and making information available to the public pursuant to this Law shall be borne by the relevant authority; increased costs connected with transboundary assessment shall be borne by the Ministry.

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(3) The person preparing the expert report shall receive remuneration for preparing the report as laid down pursuant to the special regulation6), which shall be paid by the relevant authority on the basis of an agreement concluded pursuant to § 9 par. 1. The relevant authority shall invoice a sum that shall be equal the amount of the remuneration paid to the person preparing the expert report within 15 days of delivery of the expert report for payment by the notifier. The notifier shall be obliged to pay the invoiced amount to the relevant authority within 15 days of the day of obtaining the invoice as part of the costs of assessment set forth in paragraph 1. If the notifier does not pay the invoiced amount within the set period of time, the relevant authority shall not issue a statement pursuant to § 10; in this case, the relevant authority may issue a statement only after the invoiced amount is paid. Delay caused by failure to pay the invoiced amounts by the notifier shall not be included in the deadlines laid down in § 10 par. 1 and 2.

§ 19Authorization to Prepare Documentation and an Expert Report

(1) Only natural persons who are holders of authorization shall be authorized to prepare documentation and expert reports pursuant to this Act. A legal person or natural person authorized to operate a business may contract to prepare documentation and expert reports pursuant to this Act only if (s)he provides a natural person, who is the holder of authorization, for this activity.

(2) The person preparing the expert report pursuant to this Act shall be obliged to assess the documentation objectively and in its full extent.

(3) A condition for granting authorization shall consist in the lack of a criminal record, professional qualification and full legal capacity.

(4) Professional qualification shall be demonstrated bya) a document on completion of university education in at least a bachelor's study program,b) a document on completion of an examination of professional qualification.

(5) Lack of a criminal record shall be demonstrated by submitting an excerpt from the Criminal Records, which shall not be more than three months old, which shall demonstrate that the natural person was not legally convicted of a criminal act related to the authorized activity pursuant to this Act.

(6) Authorization for the area of environmental impact assessment shall be granted and withdrawn by the Ministry following agreement with the Ministry of Health.

(7) Authorization shall be granted for a period of 5 years. If the conditions under which the authorization was granted have not changed, the authorization shall be prolonged for a further 5 years provided that the holder of the authorization so requests at least 6 months prior to expiry of the period for which the authorization was granted.

(8) Granted authorization may not be transferred to another natural person.

(9) The Ministry shall withdraw the authorization of a natural person if such person infringes against this Act in a serious manner or repeatedly, if (s)he repeatedly fails to comply with obligations following from the decision on granting the authorization or if there is some change in the conditions under which the authorization was granted.

6 ) Act No. 36/1967 Coll., on experts and interpreters.

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(10) A decision on granting and withdrawing authorization shall be issued in an administrative procedure pursuant to the Code of Administrative Procedure7).

(11) A decision on authorization shall lose validitya) through expiry of the period for which it was issued,b) through a decision of the Ministry on withdrawing the authorization,c) through the death of the natural person to whom the authorization was granted or

declaration that such person is dead.

(12) The Ministry shall lay down in a Decree, the detailed conditions of professional qualification, the procedure for verification thereof and the procedure for granting and withdrawing authorization.

Section 2

Execution of the State Administration in the Area of Environmental Impact Assessment

§ 20

The state administration in the sphere of environmental impact assessment shall be carried outa) by the Ministryb) by the Regional Authorities.

§ 21

The Ministry shalla) be the central administrative authority in the area of environmental impact assessment,b) execute supreme state supervision in the sphere of environmental impact assessment,c) provide for assessment of plans set forth in Annex No. 1, column A and for plans whose

notifier is the Ministry of Defense, also in columns B, and changes therein,d) provide for transboundary assessment,e) provide for assessment of other plans, for which the competent authority is the regional

authority, if it has reserved this jurisdiction in individual specific cases,f) keep summary records of all commenced assessments and records of all statements issued,g) grant and withdraw authorization,h) keep and once annually publish a list of authorized persons in its Bulletin,

i) by the end of February of each year, make a list of expert reports and the persons preparing these reports for the previous calendar year available to the public.

§ 22

The Regional Authorities

The Regional Authorities shalla) provide for assessment of the plans set forth in Annex No. 1, Columns B and changes

therein,b) keep records of statements issued thereby and send one copy of each statement issued

thereby to the Ministry for summary records,

7) Act No. 71/1967 Coll., on administrative procedure (the Administrative Code of Procedure), as amended.

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c) by the end of February of each year, make a list of expert reports and the persons preparing these reports for the previous calendar year available to the public.

§ 23Other Joint Provisions

(1) The relevant authority, affected administrative authorities and affected territorial self-governing units shall be obliged to make documents prepared in the framework of assessment available pursuant to the special regulations.6)

(2) If the reason for the assessment ceases to exist or changes, the relevant authority shall not continue the assessment and shall terminate it.

(3) In case of doubt as to the plan and on assignment of the plan to a particular category or particular column pursuant to Annex No. 1 to this Act, or on the area of an affected territory, the viewpoint of the Ministry shall be decisive; this must be issued within 15 days of delivery of the notification to the Ministry.

(4) In justified cases, the Ministry may, with the consent of the Regional Authorities, reserve the right to assess a plan where the relevant authority for assessment is the region.

(5) The affected administrative authority in environmental impact assessment pursuant to this Law from the standpoint of the impact on the population shall be the Ministry of Health and the locally relevant bodies of the hygiene service. In deliberations on land-use planning documents, the Ministry shall be the affected authority of the state administration in the sense of the Construction Code8) from the standpoint of environmental impact assessment.

(6) The affected administrative authority in environmental impact assessment pursuant to this Law from the standpoint of plans referred to in Annex No. 1 under points 3.2 to 3.5 shall be the State Nuclear Safety Authority.

(7) The relevant authority may decide not to assess a plan if implementation of the plan is necessary to mitigate or prevent the consequences of an event that seriously and immediately endangers the environment, or the health, safety or property of the population.

(8) The relevant authority shall store all the basic materials prepared in environmental impact assessment pursuant to this Act for a period of 10 years from the date of issuing a statement. After the end of this period, it shall proceed pursuant to the special regulations9).

(9) The locally relevant unit of a civic association or generally beneficial society, whose sphere of activity is protection of the public interest protected pursuant to the special regulations,10) (hereinafter "civic associations") or municipalities affected by the plan shall become a participant in related procedures pursuant to the special regulations1) if

a) it has submitted a written viewpoint on a notification, documentation or expert report within the periods of time laid down in this Act,

b) the relevant authority stated in its statement pursuant to § 10 par. 1 that this statement is fully or partly included in its statement, and

8 ) Act No. 50/1976 Coll.9) Act No. 97/1974 Coll., on archiving, in the wording of Act No. 343/1992 Coll. 10 ) Actw No. 83/1990 Coll., on association of citizens, as amended, Act No.227/1997 Coll., on foundations

and foundation funds and amending and supplementing some related Acts (the Act on foundations and foundation funds) and Act No. 248/1995 Coll., on generally beneficial societies and amending and supplementing some Acts.

14

c) the administrative authority making a decision in a related procedure did not decide that the public interests, defended by the civic association, are not affected in the related procedure.

(10) The Ministry shall lay down in a Decree the manner and course of the public hearing, making information and statements available to the public and the procedure in providing for the preparation of the expert report pursuant to this Act.

(11) Within the territory of the Capital City of Prague

a) the jurisdiction entrusted by this Act to the regions shall be executed by the Magistrate's Office of the Capital City of Prague,

b) acts carried out by the municipalities pursuant to this Act shall be carried out by the city wards of the Capital City of Prague.

(12) Unless explicitly stated otherwise in this Act, the Code of Administrative Procedure8) shall not apply to procedures pursuant to this Act.

Section 3

Temporary Provisions

§ 24

(1) An authorized person who has obtained a certificate pursuant to Act No. 244/1992 Coll., on environmental impact assessment, as amended, and Decree No. 499/1992 Coll., on professional qualification for environmental impact assessment and on the manner and course of a public hearing of an expert report, shall be considered to be a holder of authorization pursuant to § 19.

(3) Assessments commenced prior to the date when this Act comes into effect shall be completed pursuant to Act No. 244/1992 Coll., on environmental impact assessment, as amended.

PART TWO

Amendment of the Act on the Environment

§ 26

In Act No. 17/1992 Coll., on the environment, as amended by Act No. 123/1998 Co.., § 20 to 26, including the headings and footnotes Nos. 2) and 3) and Annexes Nos. 1 to 4 shall hereby be cancelled.

PART THREE

Amendment of the Small Business Act

15

§ 26

Act No. 455/1991 Coll., on small businesses (the Small Business Act) as amended by Act No. 231/1992 Coll., Act No. 591/1992 Coll., Act No. 600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll., Act No. 136/1994 Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll., Act No. 286/1995 Coll., Act No. 94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No. 79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No. 15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No. 358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No. 27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 122/2000 Coll., Act No. 123/2000 Coll., Act No. 124/2000 Coll., Act No. 149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No. 247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll. and Act No. 409/2000 Coll. shall hereby be amended as follows:

In Annex No. 2, group 214 - other, for the trade "Environmental impact assessment", in Column 2 - qualification identification card, the words "University education in a relevant field and 6 years of experience in the field and a certificate pursuant to § 6 and 9 of Act No. 244/1992 Coll." shall be replaced by the words "Authorization pursuant to § 19 of Act No. 100/2000 Coll., on environmental impact assessment and amending some related Acts (the Act on environmental impact assessment)."

PART FOUR

Amendment of the Act on Environmental Impact Assessment

§ 27

Act No. 244/1992 Coll., on environmental impact assessment, as amended by Act No. 132/2000 Coll., shall hereby be amended as follows:

1. In the title of the Act, following the word "impact" shall be added the words "developmental concepts and programs".

2. § 1 shall have the wording:

§ 1

Subject of the Regulation

The Act deals with environmental impact assessment for developmental concepts and programs (hereinafter "concepts") and designates the relevant authority for environmental impact assessment, which shall be the Ministry of the Environment (hereinafter the "relevant authority").".

3. Part Two, Part Four and Part Five shall be cancelled.

16

4. § 21 and 22 shall be cancelled.

5. § 23 shall have the wording:

"§ 23

The general regulations on administrative procedures shall not apply to this Act.".

6. Annexes Nos. 1, 2 and 4 shall be cancelled.

PART FIVE

Legal Force

This Act shall come into effect on January 1, 2002.

17

Annex No. 1 to Act No. 100/2001 Coll.

CATEGORY I (Plans always subject to assessment)

PLAN Column A Column B1.1 Permanent deforestation or a forestation of a non-forest property with an area from 25 ha

X

1.2 Withdrawal of water or transfer of water between watersheds or between separate parts of watersheds, where the amount of water withdrawn or transferred exceeds 100 mil.m3 p.a., or where an amount of water exceeding 2 000 mil.m3 p.a. is transferred, corresponding to 5% of the average annual runoff at the site of withdrawal.

X

1.3 Pumping out of groundwater or artificial replenishment of the stocks of ground water in a volume from 10 mil.m3 p.a.

X

1.4 Dams, reservoirs and other installations intended to retain or accumulate water and the substances suspended therein, if the volume of retained or accumulated water exceeds 10 mil.m3 p.a.

X

1.5 Waste water treatment plants with a capacity from 100 thous. equivalent inhabitants and sewerage systems for more than 5000 connected inhabitants

X

1.6 Project plans for water management measures or other measures affecting the runoff conditions (e.g. drainage, irrigation, protection against erosion, landscaping measures, forestry and technical amelioration, etc.) over an area from 50 ha

X

1.7 Breeding of domestic animals with a capacity of 180 cattle units or greater (1 cattle unit = 500 kg of live weight)

X

1.8 Rendering plants X2.1 Extraction of petroleum in an amount exceeding 50 t/day and natural gas in an amount exceeding 50 000 m3/day

X

2.2 Extraction of black coal - new mining space or change in existing space

X

2.3 Excavation of other mineral resources - new mining space or change in existing space

X

2.4 Treatment of black and brown coal - batch exceeding 3 mil. ton p.a.

X

2.5 Uranium - excavation (including changes in and termination of mining) and treatment of uranium ores (chemical treatment and other technology, sludge beds and sludge fields)

X

3.1 Installations for combustion of fuel with a thermal output of 200 MW or greater

X

3.2 Installations with nuclear reactors (including dismantling or final closing) with the exception of research installations, whose maximum output does not exceed 1 kW of continuous thermal loading

X

3.3 Installations for conversion, enrichment or production of nuclear fuel

X

3.4 Installations intended for processing spent or irradiated nuclear fuel or highly radioactive waste

X

3.5 Installations intended for final depositing, final disposal or long-term storage planned for more than 10 years of spent or irradiated nuclear fuel and radioactive waste at a different site than the site of production

X

3.6 Above-ground transmission lines for electrical energy with a X

18

voltage of from 110 kV and length of 15 km or more3.7 Long-distance product pipelines for transport of gas, petroleum, steam and other substances with a length of over 20 km and diameter of greater than 800 mm

X

4.1 Roasting, agglomeration and sintering of metal ores X4.2 Installations for the production of pig iron and steel, including continuous casting

X

4.3 Installations for the production of nonferrous raw metals from ores, concentrates or secondary raw materials using metallurgic, chemical or electrolytic processes

X

4.4 Surface treatment of metals or plastics by electrolytic or chemical processes, including paint plants, with a capacity of over 500 thous. m2 p.a. of treated area

X

5.1 Industrial production and [processing of cellulose, paper or cardboard

X

6.1 Cement plants, lime kilns or production of magnesite X6.2 Installations for extraction of asbestos and manufacture of products containing asbestos with a capacity of from 10 t p.a. of final products

X

7.1 Thermal or chemical processing of coal or bitumenous shales, including production of carbon by high-temperature carbonization of coal or electrographite by firing or graphitization

X

7.2 Petroleum refineries or primary processing of petroleum products

X

7.3 Installations for production of basic organic and inorganic chemicals (e.g. hydrocarbons, acids, alkalies, oxides, salts, chlorine, ammonia, etc.)

X

7.4 Installations for pharmaceutical production X7.5 Installations for production of pesticides and industrial fertilizers

X

7.6 Installations for production of explosives and recovery or destruction of explosive substances

X

7.7 Installations for storage of petroleum and petroleum and chemical products with a capacity from 100 thous. tons

X

9.1 New construction of railway tracks longer than 1 km X9.2 Airports with take-off or landing runway from 2100 m X9.3 New construction, extension or rerouting of superways X9.4 New construction, reconstruction and rerouting of highways not included in point 9.3, with four or more lanes, longer than 10 km

x

9.5 Water routes including weirs and other water-lifting installations and piers for loading and unloading on the shore or port for inland water transport for passage of ships with displacement over 1350 tons

X

10.1 Installations for management of hazardous wastes X10.2 Installations for management of other wastes with a capacity over 30 000 t p.a.

X

19

CATEGORY II (Plans requiring fact-finding procedures)

PLAN Column A Column B1.1 Permanent or temporary deforestation of areas from 5 to 25 ha X1.2 Restructuring of properties in the landscape, use of uncultivated properties or semi-natural areas for intensive agricultural use, leaving agricultural land fallow over an area from 10 ha

X

1.3 Water management measures or other measures affecting run-off conditions (e.g. drainage, irrigation, protection against erosion, landscaping measures, forestry and technical amelioration, etc.) over an area of 10 to 50 ha

X

1.4 Modification of water courses and measures against flooding significantly changing the character of the water course and of the landscape

X

1.5 Breeding of domestic animals with a capacity of 50 to 180 cattle units or greater (1 cattle unit = 500 kg of live weight)

X

1.7 Dams, reservoirs and other installations intended to retain or accumulate water and the substances suspended therein, if they do not belong in Category I and if the volume of retained or accumulated water exceeds 10 000 m3 p.a. or the height of the dam structure exceeds 10 m above the footing bottom

X

1.8 Withdrawal of water or transfer of water between watersheds or between separate parts of watersheds, if not included in Category I where the planned or actual amount of water transferred exceeds 5% of the average annual runoff at the site of withdrawal, provided an amount of over 1 mil.m3 p.a. is transferred or if the overall annual volume of withdrawn water exceeds 50 000 m3

X

1.9 Waste water treatment plants with a capacity exceeding 10 thous. equivalent inhabitants and sewerage systems for more than 5000 connected inhabitants

X

2.1 Coal - deep mining over 100 000 t p.a. - if the impacts extend beyond the approved mining space

X

2.2 Lignite - extraction of over 200 000 t p.a. X2.3 Extraction and treatment of ores including sludge beds, sludge fields, tips and dumps (chemical, biological and other technology)

X

2.4 Increase in surface extraction of mineral resources over 1 000 000 t p.a.

X

2.5 Extraction of mineral resources between 10 00 and 1 000 000 t p.a.

X

2.6 Extraction in river beds X2.7 Processing of black and brown coal - batches of 1 to 3 mil. t p.a.

X

2.8 Sludge beds, sludge fields, tips and dumps associated with treatment of mineral resources

X

2.9 Construction of underground spaces for storage or location of technical facilities (operations) from 10 000 m3

X

2.10 Waste disposal by depositing in natural or artificial geological structures and spaces

X

2.11 Deep boreholes, esp. geothermal, for depositing radioactive or hazardous waste, for water supply, with the exception of boreholes for studying soil stability

X

20

3.1 Installations for combustion of fuel with a nominal thermal output of 50 to 200 MWe

X

3.2 Wind power generators with a maximum output from 5 kWe X3.3 Hydro-electric plants with peak outputs from 50 MWe X3.4 Hydro-electric plants with peak outputs from 5 to 50 MWe X3.5 Installations for processing and storing radioactive waste (plans not included in Category I)

X

3.6 Electrical transmission lines from 110 kV, if not included in Category I

X

3.7 Product pipelines for transport of gas, petroleum, steam and other substances, with a length greater than 5 km and diameter greater than 300 - 800 mm (incl. long-distance water mains), if not included in Category I

X

3.8 Surface storage tanks for natural gas, if not included in Category I, with a capacity of over 10 000 m3

X

3.9 Surface storage tanks for fossil fuels with a capacity of over 10 000 m3

X

4.1 Operations for processing ferrous metals, including hot rolling, hammer forging and metal plating; operations for melting, including casting and alloying, of nonferrous metals except precious metals, including recycled products - scrap metal, refining and casting

X

4.2 Surface treatment of metals and plastic materials by electrolytic or chemical processes from 10 000 to 500 000 m2 p.a. treated area

X

4.3 Machine or electrotechnical production with a production area of over 10 000 m2 - production and repair of motor vehicles, track vehicles, tanker cars, boats, airplanes; testing benches for motors, turbines or reactors; permanent tracks for racing and testing motor vehicles; production of railway equipment; explosion shaping

X

5.1 Impregnation of wood using chemical substances in an amount over 1 000 t p.a.

X

5.2 Production of wood fibre, wood chip, sawdust board or plywood and veneers with a capacity from 10 000 m2 p.a.

X

5.3 Production of furniture with a raw material input capacity of over 10 000 m3 p.a.

X

5.4 Textile treatment or dyeing plants with a chemical consumption from 3000 t p.a.

X

5.5 Tanning plants with a capacity of processed raw material over 10 000 t p.a.

X

5.6 Polygraphic operations with chemical consumption over 1 t p.a.

X

6.1 Industrial production of ceramic products by firing, especially roofing tiles, bricks, fire-resistant bricks, floor tiles, stonewear or porcelain with a capacity from 25 000 t p.a.

X

6.2 Production of construction materials and products not included in Category I or the previous point with a capacity from 25 000 t p.a.

X

6.3 Production of glass, glass and artificial fibers with a capacity over 10 000 m2 p.a. or 7000 t p.a.

X

6.4 Installations for smelting mineral substances, including production of mineral fibers with a capacity from 7000 t p.a.

X

6.5 Asphalt coating plants X

21

7.1 Production or chemical processing of polymers and synthetic rubber, production and processing of products based on elastomers with a capacity of .....

X

7.2 Production of soaps, surfactants, detergents and coatings over 200 t p.a.

X

7.3 Other chemical production with production from 200 t p.a. X7.4 Installations for storage of petroleum or petroleum products with a capacity of 5000 to 100 000 t

X

7.5 Installations for storage of other chemical substances not included in Category I or Category II in point 7.3 with a capacity from 5 000 t or 1000 m3

X

8.1 Production installations for nonalcoholic beverages with a capacity from 50 000 hl p.a. of products

X

8.2 Breweries with a capacity from 100 000 hl p.a. products and malt plants with a capacity from 50 000 t p.a. products

X

8.3 Starch plants X8.4 Distilleries with a capacity from 5000 hl p.a. products X8.5 Yeast plants with a yeast production capacity from 1000 t p.a. X8.6 Sugar factories with a capacity of processed raw material from 150 000 t p.a.

X

8.7 Production of plant or animal oils or fats with a capacity from 20 000 t p.a. products

X

8.8 Processing of milk from 50 000 hl p.a. X8.9 Packaging and canning plants with a capacity from 100 000 t p.a. products

X

8.10 Production of sweets and syrups with a capacity from 10 000 t p.a.

X

8.11 Abattoirs, meat plants and installations for processing fish with a capacity from 5000 t p.a. products

X

9.1 New construction or reconstruction of highways with a width greater than 10 m (plans not included in category I)

X

9.2 New construction (plans not included in category I), reconstruction conversion to electricity or modernization of railway tracks; new construction or reconstruction of railway and intermodal installations and reloading points

X

9.3 Tramway, underground and special lines, including cable cars X9.4 Water routes including weirs and other water-raising installations and piers for loading and unloading on the shore or ports for inland water transport

X

9.5 Airports with take-off and landing runways to 2100 m X10.1 Installations for managing other wastes with a capacity of 1000 to 30 00 t p.a.

X

10.2 Crematoriums X10.3 Sludge beds, sludge fields, tips and dumps not included in any other point in this Annex

X

10.4 Storage of toxic substances and pesticides in amounts over 1 t; liquid fertilizers, pharmaceutical products, paints and lacquers in amounts over 100 t

X

10.5 Storage of scrap iron (including car wrecking lots) over 1000 t X10.6 Industrial zones and commercial zones, including shopping centers with a total area of over 3000m2 of enclosed area; the premises of parking lots or garages with an enclosed

X

22

area of over 1000 m2

10.7 Downhill ski routes, ski tows, cable car routes and related installations

X

10.8 Sports grounds with an area over 1 ha, golf courses, motor cross, cycle cross and cycle trial grounds outside of areas protected pursuant to the special regulations

X

10.9 Recreational harbours for yachts and small boats X10.10 Recreational and sports grounds, hotel complexes and related facilities in areas protected pursuant to the special regulations11)

X

10.11 Recreational complexes, hotel complexes and related facilities on an area over 1 ha

X

10.12 Permanent camps and trailer parks with a total accommodation capacity of over 50 persons

X

10.13 Theme parks referred to in the approved land – use planning documentation

X

10.14 Plans included in category I intended exclusively or primarily for developing and testing new methods or products

X

10.15 Construction, activities and technologies not included in the previous points of this Annex and not attaining the parameters in the previous points of this Annex, that could seriously change selected types of natural habitats in national parks, reservations, national natural monuments and protected landscape areas, listed in Annex No. 7 to this Act, and the characteristics of the landscape, that are of great importance for wild fauna and flora as set forth in Annex No. 8 to this Act

X

11 ) E.g., Act No. 114/1992 Coll., Act No. 138/1973 Coll. and Act No. 20/1987 Coll.

23

Annex No. 2 to Act No. 100/2001 Coll.

Principles for the Fact-Finding Procedure

In the fact-finding procedure, the authority shall determine whether and to what degree the plan can seriously affect the environment and the population. In this, it shall employ the following criteria characterizing, on the one hand, the plan itself and the relevant area of interest and, on the other hand, the consequent significant potential impacts on the population and the environment.

I. CHARACTERISTICS OF THE PLAN

The parameters of the plan must be considered particularly in relation to1. the size,2. accumulation of its impacts with the impacts of other known plans (implemented,

prepared, considered),3. exploitation of natural resources,4. waste production,5. pollution of the environment and nuisance to the population,6. risk of accidents, particularly in relation to the proposed use of substances and

technologies.

II. LOCATION OF THE PLAN

The parameters of the territory that can be affected by the plan must be considered, particularly in relation to

1. the previous use of the territory and priorities of its sustainable use,2. the relative number, quality and regeneration ability of natural resources,3. the ability of the natural environment to bear loads with special emphasis on

a) territorial systems of ecological stability in the landscape,b) specially protected territories,c) nature parks in the territory,d) important landscape features,e) territories of historical, cultural or archaeological importance,f) densely populated areas, g) territories burdened above the acceptable level (including old burdens).

III. CHARACTERISTICS OF EXPECTED IMPACTS OF THE PLAN ON THE POPULATION AND THE ENVIRONMENT

Potential important impacts of the plan must be considered in relation to the criteria set forth in points I. and II., particularly in relation to

1. the extent of impacts (the affected area and population),2. the nature of impacts in relation to transboundary extent,3. the magnitude and complexity of impacts,4. the probability of impacts,5. the duration, frequency and reversibility of impacts.

24

Annex No. 3 to Act No. 100/2001 Coll.

Requisites of the Notification

A. INFORMATION ON THE NOTIFIER1. Business company2. Business identification number3. Official seat (home address)4. Name, surname, permanent address and telephone number of the authorized

representative of the notifier

B. INFORMATION ON THE PLAN

I. Basic information1. Name of the plan2. Capacity (extent) of the plan3. Location of the plan (region, municipality, cadastral territory)4. Character of the plan and possibility of accumulation with other plans5. Reasoning for the need for the plan and its location, including a survey of variants

considered and the main reasons (from the standpoint of the environment) for the selection or rejection thereof

6. A brief description of the technical and technological designs for the plan7. The expected date of commencing implementation of the plan and its completion8. List of affected territorial self-governing units.

II. Information on inputs(e.g. land use, water withdrawal and consumption, raw material and energy sources)

III. Information on outputs(e.g. amount and kind of emissions into the air, amount of waste waters and pollution

thereof, categorizing and amount of wastes, risk of accidents in relation to the proposed use of substances and technologies)

C. INFORMATION ON THE STATE OF THE ENVIRONMENT IN THE AFFECTED TERRITORY

1. List of the most important environmental characteristics of the affected territory2. Brief characteristics of the state of the components of the environment in the

affected territory, that will probably be significantly affected

D. INFORMATION ON IMPACTS OF THE PLAN ON THE POPULATION AND THE ENVIRONMENT

1. Characteristics of potential impacts and estimation of their magnitude and importance (from the standpoint of probability, duration, frequency and reversibility)

2. Extent of impacts in relation to the affected territory and population3. Information on potential important negative transboundary impacts 4. Measures to prevent, avoid, mitigate or compensate unfavourable impacts5. Characteristics of inadequacies in knowledge and uncertainties that occurred in

specification of the impacts.

25

E. COMPARISON OF VARIANTS OF APPROACHES IN THE PLAN (if submitted)Information pursuant to chapters B, C, D, F and G shall be given in an appropriate

extent for each variant approach in the plan submitted by the notifier.

F. SUPPLEMENTARY INFORMATION1. Map and other documentation related to the information in the notification2. Other important information of the notifier

G. GENERALLY COMPREHENSIBLE SUMMARY OF A NONTECHNICAL CHARACTER

H. ANNEXStatement of the relevant construction authority on the plan from the standpoint of

land-use planning documents.

Date of preparing the notification:Name, surname, home address and telephone number of the person preparing the notification and persons participating in preparation of the notification:Signature of the person preparing the notification:

26

Annex No. 4 to Act No. 100/2001 Coll.

Requisites of Documentation

PART A

INFORMATION ON THE NOTIFIER

1. Business company2. Business identification number3. Official seat (home address)4. Name, surname, permanent address and telephone number of the authorized

representative of the notifier

PART B

INFORMATION ON THE PLAN

I. Basic information1. Name of the plan2. Capacity (extent) of the plan3. Location of the plan (region, municipality, cadastral territory)4. Character of the plan and possibility of accumulation with other plans5. Reasoning for the need for the plan and its location, including a survey of variants

considered and the main reasons (from the standpoint of the environment) for the selection or rejection thereof

6. A brief description of the technical and technological designs for the plan7. The expected date of commencing implementation of the plan and its completion8. List of affected territorial self-governing units.

II. Information on inputs1. The soil and land (e.g. kind, class of protection, extent of land use)2. Water (e.g. water sources, consumption)3. Other raw material and energy sources (e.g. kind, source, consumption)4. Requirements on transport and other infrastructure (e.g. requirements of associated

structures)

III. Information on outputs1. Air (e.g. a survey of sources of pollution, the kind and amount of emitted pollutants,

means and effectiveness of capturing pollutants)2. Waste waters (e.g. a survey of waste water sources, amounts of waste waters and

site of discharge, discharged pollution, treatment facilities and their efficiency)3. Wastes (e.g. a survey of waste sources, categorization and amounts of waste, means

of waste management)4. Other (e.g. noise and vibrations, radiation, smells, other outputs - survey of sources

and amounts of emissions, means of reduction)5. Supplementary information (e.g. important landscape measures and interventions

into the landscape).

27

PART C

INFORMATION ON THE STATE OF THE ENVIRONMENT IN THE AFFECTED TERRITORY

1. List of the most important environmental characteristics of the affected territory (e.g. territorial systems of ecological stability in the landscape, specially protected territories, nature parks, important landscape features, territories of historical, cultural or archaeological importance, densely populated areas, territories burdened above the acceptable level, old environmental burdens, extreme conditions in the affected territory)

2. Characteristics of the current state of the environment in the affected territory (e.g. air and climate, water, soil, geological environment and natural resources, fauna and flora, ecological systems, landscape, population, tangible property, cultural monuments)

3. Overall evaluation of the quality of the environment in the affected territory from the 1standpoint of an acceptable burden

PART D

COMPLEX CHARACTERISTICS AND EVALUATION OF THE IMPACTS OF THE PLAN ON THE POPULATION AND THE ENVIRONMENT

I. Characteristics of expected impacts of the plan on the population and the environment and evaluation of their magnitude and importance1. Impacts on the population, including social and economic impacts2. Impacts on the air and climate3. Impacts on noise conditions and other physical and biological characteristics, as

appropriate4. Impacts on surface and ground waters5. Impacts on the soil6. Impacts on the geological environment and natural resources7. Impacts on fauna, flora and ecological systems8. Impacts on the landscape9. Impacts on tangible property and cultural monuments

II. Complex characteristics of the environmental impacts of the plan from the standpoint of their magnitude and importance and potential transboundary impacts

III. Characteristics of environmental risks during potential accidents and nonstandard states

IV. Characteristic measures to prevent, avoid, mitigate or compensate negative impacts on the environment

V. Characteristics of methods of forecasting employed and initial assumptions in impact evaluation

28

VI. Characteristics of inadequacies in knowledge and uncertainties occurring when preparing the documentation

PART E

COMPARISON OF VARIANTS OF APPROACHES IN THE PLAN (if submitted)Information pursuant to parts B, C, D, F, G and H shall be given in an appropriate

extent for each variant design of the plan submitted by the notifier.

PART F

CONCLUSIONS

PART G

GENERALLY COMPREHENSIBLE SUMMARY OF A NONTECHNICAL CHARACTER

PART H

ANNEXESViewpoint of the relevant construction authority on the plan from the standpoint of

land-use planning documents (on facts that are different and new in relation to the notification) and also, e.g., map, diagram and graphical annexes.

Date of preparing the documentation:Name, surname, home address and telephone number of the person preparing the documentation and persons participating in preparation of the documentation:Signature of the person preparing the documentation:

29

Annex No. 5 to Act No. 100/2001 Coll.

Requisites of the Expert Report

I. BASIC INFORMATION1. Name of the plan2. Capacity (extent) of the plan3. Location of the plan (region, municipality, cadastral territory)4. Business company of the notifier5. Business identification number of the notifier6. Official seat (home address) of the notifier

II. ASSESSMENT OF THE DOCUMENTATION (NOTIFICATION)1. Completeness of the documentation (notification)2. Correctness of the information given in the documentation (notification), including

the evaluation methods used3. Order of variants (if submitted) from the standpoint of environmental impacts4. Evaluation of important transboundary environmental impacts of the plan

III. ASSESSMENT OF THE TECHNICAL DESIGN OF THE PLAN IN RELATION TO THE STATE OF THE ART IN CONNECTION WITH POLLUTION OF THE ENVIRONMENT

IV. ASSESSMENT OF THE PROPOSED MEASURES TO PREVENT, AVOID, MITIGATE OR COMPENSATE NEGATIVE IMPACTS ON THE ENVIRONMENT

V. DEALING WITH ALL STATEMENTS OBTAINED ON THE DOCUMENTATION (NOTIFICATION)

VI. OVERALL ASSESSMENT OF THE ACCEPTABILITY OF THE PLAN IN RELATION TO ENVIRONMENTAL IMPACTS

VII. DRAFT STATEMENT

Date of preparing the expert report:Name, surname, home address and telephone number of the person preparing the expert report and persons participating in preparation of the expert report:Signature of the person preparing the expert report:Authorization for preparing the expert report;

30

Annex No. 6 to Act No. 100/2001 Coll.

Requisites of the Statement

I. BASIC INFORMATION1. Name of the plan2. Capacity (extent) of the plan3. Location of the plan (region, municipality, cadastral territory)4. Business company of the notifier5. Business identification number of the notifier6. Official seat (home address) of the notifier

II. COURSE OF THE ASSESSMENT1. Notification (preparing person, date of submission)2. Documentation (preparing person, date of submission)3. Expert report (preparing person, date of submission)4. Public hearing (place and date of holding)5. Overall evaluation of the assessment process, including public participation6. List of entities whose viewpoints are partly or fully included in the statement

II. EVALUATION OF THE PLAN1. Summary characteristics of the expected environmental impacts of the plan from the

standpoint of their magnitude and importance2. Evaluation of the technical design of the plan in relation to the state of the art in

relation to pollution of the environment3. Proposal of measures to prevent, avoid, mitigate or compensate negative impacts of

the plan on the environment, including obligations and conditions for monitoring and analysis of environmental impacts

4. Order of variants (if submitted) from the standpoint of environmental impacts5. Dealing with viewpoints on the documentation (notification) and on the expert

report6. Statement of the relevant authority from the standpoint of the acceptability of the

environmental impacts of the plan, giving conditions for implementation of the plan or reasons for unacceptability of the plan.

Date of issuing the statement:Stamp of the relevant authority:Name, surname and signature of the authorized representative of the relevant authority:

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Annex No. 7 to Act No. 100/2001 Coll.

Selected Types of Natural Habitats

NATURA 2000 Code Name1340a Inland salt meadows and sedge meadows1340b Inland salt meadows2330a Pioneer stages of dunes with annuals2330b Open grasslands with Corynephorus canescens

of continental dunes2330c Connected grasslands with Festuca of continental dunes3130a Vegetation with Isoetes a Littorella sp.3130b Annual open river bed vegetation3130c Annual open Pannonic river bed vegetation3130d Damp sand annual vegetation3140 Benthic vegetation of Chara spp.3150 Natural eutrophic lakes with Magnopotamion or

Hydrocharition - type vegetation3160 Natural dystrophic lakes and ponds3220 Vegetation with Calamagrostis pseudophragmites on gravel

river banks3230 Vegetation with Myricaria germanica on gravel river banks3240 Salix vegetation on gravel river banks3260a Rapidly flowing water with Batrachium fluitans3260b Slowly flowing water and standing water with Callitriche and

Batrachium3260c Vegetation with Hottonia palustris3270 Rivers with muddy banks4030 Dry heaths4060 Alpine and Boreal heaths6110 Annual vegetation on dry basic rocks6120 Xeric sand calcareous grasslands6150a Open alpine grasslands with lichens6150b Connected alpine grasslands with Carex sp.6210a Dry grasslands on rock faces6210b Dry grasslands with Sesleria albicans6210c Dry grasslands with bushy narrow-leaved grasses6210d Dry grasslands with broad-leaved grasses and herbaceous

plants6210e Dry grasslands on acidic substrates6230 Helichrysum grasslands6240a Sub-Pannonic rock steppes6240b Sub-Pannonic steppic grasslands6250 Pannonic loess steppic grasslands6260 Pannonic sand steppic grasslands6410 Molinia meadows on chalk and clay6431a Petasites flood plains6431b Nitrophilous tall herb edge communities

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6432 Perennial tall herb communities of montane to alpine levels6432a Tall grass communities of the subalpine level6432b Tall herb communities of montane to alpine levels6432c Fern plains of montane to subalpine levels6440 Continental river valley meadows6510a Arrhenatherion mesophillic meadows6510b Alopecurus river valley meadows6520 Mountain hay meadows7110 Active raised bogs7120 Degraded raised bogs capable of natural regeneration7140a Bogs with brown mosses7140b Oligotrophic peat bogs7150a Peat-sands with Rynchospora sp.7150b Boreal mires and lakes7210 Calcereous fens with Cladium mariscus7220a Forest and subalpine tuff spring formations7220b Meadow tuff spring formations7230 Alkaline fens8110 Siliceous scree of the montane to snow level8150 Upland siliceous screes8160 Calcereous scree8210 Vegetation of calcereous rocky slopes8220 Vegetation on siliceous rocky slopes8230 Annual vegetation on dry acidic rocky surfaces8310 Caves not open to the public9110 Luzulo-Fagetum beech forests9130 Asperulo-Fagetum beech forests9140 Medio-European subalpine beech woods with Acer and

Rumex arifolius9150 Limestone beech forests9170 Medio-European oak-hornbeam forests9180a Eutrophic forests of screes and ravines9180b Calcereous linden forests with Sesleria albicans91D1 Bog birch woods91D2 Peat bog pine forests91D3 Hill-top pine forests91D4 Peat bog and water-logged spruce forests91E0a Alder woods with Alnus incana91E0b Valley alder woods91E0c Soft flood plains91F0 Hard flood plains91G0a Carpathian Quercus and Carpinus woods91G0b Pannonic Quercus and Carpinus woods91H0 Perialpine basophilic91I0a Pannonic thermophilic Quercus forests on loess91I0b Pannonic thermophilic Quercus forests on sand91I0c Sarmatian thermophilic Quercus woods

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9410a Acidophilic Picea forests with Calamagrostis9410b Alpine Picea forests with Athyrium

Annex No. 8 to Act No. 100/2001 Coll.

Selected taxons of wild fauna and flora

Trichomanes speciosum Vertigo angustiorArtemisia pancicii Vertigo geyeriiJurinea cyanoides Vertigo moulinsianaLigularia sibirica Margaritifera margaritiferaColeanthus subtilis Unio crassusDracocephalum austriacum Leucorrhinia pectoralisCypripedium calceolus Ophiogomphus ceciliaLiparis loeselii Cerambyx cerdoPulsatilla patens Cucujus cinnaberinusThesium ebracteatum Dytiscus latissimusOstericum palustris Graphoderus bilineatusLuronium natans Limoniscus violaceusBuxbaumia viridis Lucanus cervusDicranum viride Osmoderma eremitaDrepanocladus vernicosus Rosalia alpinaAcrocephalus melanopogon Carabus menetriesi pacholeiAguila pomarina Boros schneideri Aquila heliaca Panaxia quadriopunctataAegolius funereus Eriogaster cataxAlcedo atthis Euphydryas auriniaAnthus campestris Hypodryas maturnaArdea purpurea Lycaena disparAsio flammeus Maculinea nausithousAythya nyroca Maculinea teleiusBonasa bonasia Eudontomyzon mariaeBotaurus stellaris Lampetra planeriBubo bubo Hucho huchoBurrhinus oedicnemus Salmo salarCaprimulgus europaeus Aspius aspiusCiconia nigra Gobio albipinnatusCiconia ciconia Phoxinus phoxinusCircus aeruginosus Rutilus pigusCircus cyaneus Rhodeus sericeus amarusCircus pygargus Cobitis taeniaCoracias garrulus Misgurnus fosilisCrex crex Sabanejewia aurataDendrocopos leucotos Gymnocephalus schraetzer

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Dendrocopos medius Cottus gobioDendrocopos syriacus Triturus carnifexDryocopus martius Triturus dobrogicus Egretta alba Triturus cristatusEgretta garzetta Bombina bombinaEmberiza hortulana Bombina variegataFalco columbarius Emys orbicularisFalco peregrinus Rhinolophus ferrumequinumFicedula albicollis Rhinolophus hipossiderosFicedula parva Barbastella barbastellusGlaucidium passerinum Myotis bechsteiniGrus grus Myotis blythiiHaliaeetus albicilla Myotis dasycnemeHimantopus himantopus Myotis emarginatusCharadrius morinellus Myotis myotisChlidonias niger Spermophilus citellusIxobrychus minutus Castor fiberLanius collurio Canis lupusLarus melanocephalus Ursus arctosLullula arborea Lutra lutraLuscinia svecica Lynx lynxMilvus migransMilvus milvusNycticorax nycticoraxOtis tardaPandion haliaetusPernis apivorusPicoides tridactylusPicus canusPlatalea leucorodiaPorzana parvaPorzana porzanaRecurvirostra avosettaSterna hirundoStrix uralensisSylvia nisoriaTetrao tetrixTetrao urogallus

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