Decree No. 142 / 2018 Coll.
Decree on the formalities for assessing the impact of the project and concept on European sites and bird areas and on the requirements for assessing the impact of serious interference on the interests of nature and landscape protection
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Effective from 01.08.2018
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142
DECLARATION
of 2 July 2018
on the elements of assessment and evaluation under the Nature and Landscape Conservation Act and the Act on the Acceleration of Renewable Energy Resources
The Ministry of the Environment provides pursuant to § 45i (9) and § 67 (1) of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 223 / 2009 Coll., Act No. 349 / 2009 Coll., Act No. 225 / 2017 Coll. and Act No. 284 / 2021 Coll., and pursuant to § 11 (3) and § 17 (3) of Act No. 249 / 2025 Coll., on the Acceleration of the Use of Certain Renewable Energy Sources and on the Amendment of Related Acts (Act on the Acceleration of Renewable Energy Resources):
Requirements for assessing the impact of the project or concept on the subject of protection and integrity of a European site or bird area
(K § 45i (2) and (9) of the Nature and Landscape Conservation Act)
The assessment of the impact of the project on the subject-matter and the integrity of the European site or bird area (hereinafter referred to as the "impact of the project ') pursuant to Article 45i (2) of the Nature and Landscape Conservation Act, which is part of the notification1) and, where appropriate, the project documentation (2), and the assessment of the impact of the project when, on the basis of a decision of the Government, the project is not the subject of an assessment (3), contains:
(a) details of the project,
1. name of the project,
2. the overall characteristics of the project, including its scope and location;
3. a description of the proposed variants of the project, if they are processed or are required to be processed under Section 45i (2) of the Nature and Landscape Conservation Act, and an overview of the main reasons for their selection in terms of assessing the impact of the project under Section 45i of the Nature and Landscape Conservation Act;
4. a description of the technical and technological solution of the project in terms of assessing the impact of the project under Section 45i of the Nature and Landscape Conservation Act; and
5. the expected start date and completion of the project and the duration of the project,
(b) a copy of the opinion of the nature conservation authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which has not been excluded from the significant impact of the project;
(c) an assessment of the adequacy of the supporting documents to assess the impact of the project and the list of sources used;
(d) input data (4);
(e) data on the outputs of theprogramme (4);
(f) the identification, characteristics and justification of the selection of European sites and bird areas likely to be affected by the intention, including those on the territory of a foreign State,
(g) the identification of the protected objects of European importance and of the bird areas likely to be affected by the intention, including their characteristics on the current situation in the territory, the objective of its protection and the justification for the selection procedure;
(h) the results of the visit and field investigations on the territory of the European sites and bird areas likely to be affected by the intention;
(i) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(j) the identification and description of the expected effects of the project, based on the current state of the object of protection and the objectives of the protection of European sites and bird areas likely to be affected by the project, including those of cross-border areas;
(k) an assessment of the expected effects of the project, in particular in terms of their scope and relevance, including those of cumulative, synergy and co-factors;
(l) the order of the variants of the project, if they are processed and can be determined,
(m) the conclusion of an assessment with regard to measures to prevent, eliminate and reduce the expected adverse effects of the project, where it is possible or appropriate to establish them, including the justification for their determination;
(n) a comparison of the impact of the project without implementing measures to prevent, exclude or reduce the expected adverse effects of the project with the impact of the project in the event of their implementation;
(o) the conclusion of the assessment with regard to the significance of the impact of the project and whether or not the project has a significant negative impact on the subject of protection or integrity of the European site or bird region;
(p) identification of non-significant negative effects of the project with regard to each subject matter of protection of a European major site or bird area for which no significant negative impact has been identified, but a negative impact is envisaged on the basis of the conclusions of the assessment; non-significant negative effects are identified for natural habitats with regard to the direct acquisition of the habitat or the type of degradation thereof; non-significant negative effects are identified for European species in terms of impact on species population or impact on species biotope or deterioration of its quality; and
(q) a framework assessment of the possibilities of possible compensatory measures where the impact of the project is considered to be significantly negative.
If the assessment of the impact of the project is part of the opinion drawn up for the purpose 5), then it shall contain:
(a) the name and basic particulars of the project;
(b) an assessment of the completeness and technical accuracy of the data provided in the assessment of the impact of the project which is part of the documentation processed for the project;
(c) the results of the visit and field investigations on the territory of the European sites and bird areas likely to be affected by the intention;
(d) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(e) the addition of measures to prevent, exclude or reduce expected adverse effects of the project, where it is possible or appropriate to establish them, including justification; and
(f) the conclusion of the assessment in terms of the significance of the impact of the project and whether or not the project has a significant negative impact on the subject of protection or integrity of the European site or bird region, including justification.
The assessment of the impact of the concept on the subject of conservation and integrity of a European site or bird area (hereinafter referred to as the "impact of the concept ') under Section 45i (2) of the Nature and Landscape Conservation Act, which is part of the evaluation of the conceptual6), contains:
(a) details of the concept,
1. the title of the concept;
2. details of the promoter of the concept, indicating the name and identification number of the legal person that is the promoter;
3. the main objectives and the scope of the concept;
4. the basic stages of the solution and the envisaged date of approval and completion of the implementation of the concept;
5. an overview of the proposed options for the design and the main reasons for their selection; and
6. a copy of the opinion of the Nature Protection Authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which was not excluded from the significant impact of the concept;
(b) an assessment of the adequacy of the supporting documents for assessing the impact of the concept and its individual variants and listing the resources used;
(c) the identification of European sites and bird areas likely to be affected by the concept, including sites in the territory of a foreign State, their characteristics and the justification for their selection;
(d) the identification of the protected objects of European importance for sites and bird areas likely to be affected by the concept, including their characteristics of the current state in the territory, the objective of its protection and the justification for the choice of such data, where such data is appropriate in view of the nature, scope and scope of the concept, or the justification for the ineffectiveness of the indication of such data;
(e) the results of any visit and any field investigations on the territory of the European sites and bird areas likely to be affected by the concept, where such data is appropriate to indicate the nature, extent and scope of the concept or to justify the ineffectiveness of the indication of such data,
(f) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(g) the identification and description of the expected effects of the concept and, where appropriate, its individual parts based on the current state of the object of protection and the objectives of the protection of European sites and bird areas likely to be affected by the concept, including those of cross-border areas;
(h) an assessment of the expected effects of the concept and, where appropriate, of its individual parts, in particular in terms of its scope and significance, including those of cumulative, synergistic and co-operative factors;
(i) the order of the options for addressing the concept in terms of the expected effects, where they have been submitted and where they can be determined;
(j) practicable measures to prevent, exclude or reduce the expected adverse effects of the concept, where it is possible or appropriate to establish them, including justification for their determination;
(k) comparison of the impact of the concept without implementing measures to prevent, exclude or reduce the expected adverse effects of the concept with the impact of their implementation;
(l) the conclusion of the assessment in terms of the significance of the impact of the concept and whether or not the concept has a significant negative impact on the subject of protection or integrity of the European site or bird area; and
(m) a framework assessment of the possibilities of possible compensatory measures where the impact of the concept is considered to be significantly negative.
(1) The assessment of the impact of territorial development policy shall include:
(a) data on territorial development policy,
1. name of the territorial development policy;
2. an overview of the content and proposed solutions to territorial development policy and the main reasons for their selection;
3. a summary of any changes made to the territorial development policy during the assessment process; and
4. a copy of the opinion of the nature conservation authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which has not been excluded from its significant influence;
(b) an assessment of the adequacy of the supporting documents for the assessment of the impact of the territorial development policy and its various options and the list of resources used;
(c) the identification of European sites and bird areas and, where appropriate, their subject-matter likely to be affected by the territorial development policy, including those within the territory of a foreign State, and the justification for their selection;
(d) the identification and description of the intended effects of the individual parts of the territorial development policy, in accordance with its provisions (7), based on the current state of the object of protection and the objectives of the protection of European major sites and bird areas likely to be affected by the territorial development policy, including those of cross-border areas;
(e) evaluation of the significance of the effects referred to in point (d), including those of cumulative, synergistic and co-operative factors;
(f) a comparison of the options for territorial development policy in terms of the significance of the effects, where such options have been submitted;
(g) practicable measures to prevent, eliminate or reduce the expected adverse effects of territorial development policy, including justification for their determination;
(h) a comparison of the impact of the territorial development policy without implementing measures to prevent, exclude or reduce the expected adverse effects of the project with the impact of their implementation;
(i) the conclusion of the assessment in terms of the significance of the impact of the territorial development policy and whether or not the territorial development policy has a significant negative impact on the subject of protection or integrity of a European major site or bird area; and
(j) a framework assessment of the possibilities for possible compensatory measures, where the impact of territorial development policy is considered to be significantly negative.
(2) Paragraph 1 shall apply mutatis mutandis to the formalities for assessing the impact of the change in territorial development policy.
(1) The assessment of the impact of the territorial development plan shall include:
(a) data on the territorial development plan,
1. name of the territorial development plan;
2. an overview of the content and proposed solutions for the territorial development plan and the main reasons for their selection;
3. a summary of any modifications made to the spatial development plan during the assessment process; and
4. a copy of the opinion of the Nature Protection Authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which has not been excluded from the significant impact of the proposal for a territorial development plan;
(b) an assessment of the adequacy of the supporting documents for the assessment of the impact of the territorial development plan and its individual variants and the list of resources used;
(c) the identification of European sites and bird areas likely to be affected by the territorial development plan, including those within the territory of a foreign State, their characteristics and the justification for their selection;
(d) the identification of the protected objects of European importance for sites and bird areas likely to be affected by the territorial development plan, including their characteristics on the current situation in the territory, the objective of its protection and the justification for the choice;
(e) the identification and description of the intended effects of the individual parts of the territorial development plan, as provided for in its contents (10), based on the current state of the object of protection and the objectives of the protection of European major sites and bird areas likely to be affected by the territorial development plan, including those of cross-border areas;
(f) a notice of future potential conflicts between the protection of European sites and bird areas and the envisaged future use of the territorial reserve resulting from the definition of territorial reserves in the territorial development plan;
(g) the results of the visit and any field investigations on the territory of the European major sites and bird areas likely to be affected by the territorial development plan, where such data are appropriate to indicate the content of the spatial development plan or to justify the ineffectiveness of the indication of such data;
(h) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(i) evaluation of the significance of the effects referred to in (e), including those of cumulative, synergistic and co-factors;
(j) a comparison of the solutions to the spatial development plan in terms of the significance of the effects, where such variants have been processed;
(k) practicable measures to prevent, eliminate or reduce the expected adverse effects of the territorial development plan, including justification for their determination;
(l) a comparison of the impact of the territorial development plan without implementing measures to prevent, exclude or reduce the expected adverse effects of the project with the impact of their implementation;
(m) the conclusion of the assessment with regard to the significance of the impact of the territorial development plan and whether or not the territorial development plan has a significant negative impact on the subject-matter of protection or integrity of the European site or bird area; and
(n) a framework assessment of the possibilities of possible compensatory measures where the impact of the territorial development plan is considered to be significantly negative.
(2) Paragraph 1 shall apply mutatis mutandis to the elements of the assessment of the impact of the change in the territorial development plan.
(1) The assessment of the impact of the territorial development principles contains:
(a) data on territorial development principles,
1. the name of the territorial development principles and the details of their acquirer and designer;
2. a description of the relationship with other concepts and principles of the territorial development of neighbouring regions;
3. an overview of the content and options proposed to address the principles of territorial development and the main reasons for their selection;
4. a summary of any modifications to the territorial development principles made during the assessment process; and
5. a copy of the opinion of the nature conservation authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which has not been excluded from the significant impact of the territorial development principles;
(b) an assessment of the adequacy of the supporting documents for the assessment of the impact of the territorial development principles and their individual variants and the list of resources used;
(c) a list of European sites and bird areas likely to be affected by the principles of territorial development, including those within the territory of a foreign State, their characteristics and the justification for their selection;
(d) the identification of the protected objects of European importance for sites and bird areas likely to be affected by the principles of territorial development, including their characteristics on the current status in the territory, the objective of its protection and the justification for the choice;
(e) the identification and description of the intended effects of the individual elements of the territorial development principles according to their content (8), based on the current state of the object of protection and the objectives of the protection of European major sites and bird areas likely to be affected by the principles of territorial development, including those of cross-border areas;
(f) notice of future potential conflicts arising from the definition of territorial reserves in the territorial development principles;
(g) the results of any visit and any field investigations on the territory of the European sites and bird areas likely to be affected by the principles of territorial development, where such data are useful in the light of the substance of the territorial development principles, or a justification for the ineffectiveness of the indication of such data;
(h) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(i) evaluation of the significance of the effects referred to in (e), including those of cumulative, synergistic and co-factors;
(j) a comparison of the solutions to the territorial development principles in terms of the significance of the effects, where such variants have been submitted;
(k) practicable measures to prevent, exclude or reduce the expected adverse effects of the territorial development principles, including justification for their determination;
(l) a comparison of the impact of the territorial development principles without the implementation of measures to prevent, exclude or reduce the expected adverse effects of the project with the impact of their implementation;
(m) the conclusion of the assessment with regard to the significance of the impact of the territorial development principles and whether or not the territorial development principles have a significant negative impact on the subject of protection or integrity of the European site or bird area; and
(n) a framework assessment of the possibilities of possible compensatory measures where the impact of the territorial development principles is considered to be significantly negative.
(2) Paragraph 1 shall apply mutatis mutandis to the formalities for assessing the impact of the amendment of the territorial development principles.
(1) The assessment of the impact of the zoning plan shall include:
(a) details of the zoning plan,
1. the name of the zoning plan and the designation of its acquirer;
2. a description of the relationship with other concepts and zoning documents;
3. an overview of the content and proposed options of the zoning plan and the main reasons for their selection;
4. a summary of any modifications to the zoning plan made during the assessment process; and
5. a copy of the opinion of the Nature Protection Authority pursuant to Article 45i (1) of the Nature and Landscape Conservation Act, which was not excluded from the significant impact of the zoning plan;
(b) an assessment of the adequacy of the supporting documents for the assessment of the impact of the zoning plan and its individual variants, and a list of the resources used;
(c) a list of the European sites and bird areas likely to be affected by the territorial plan, including those located in the territory of a foreign State, their characteristics and the justification for their selection;
(d) the identification of the protected objects of European importance for sites and bird areas likely to be affected by the zoning plan, including their characteristics on the current situation in the territory, the objective of its protection and the justification for the selection procedure;
(e) the identification and description of the intended effects of the individual elements of the content of the zoning plan as provided for in its contents (9), based on the current state of the object of protection and the objectives of the protection of the European major sites and bird areas likely to be affected by the zoning plan, including those of cross-border areas;
(f) a notice of future potential conflicts resulting from the definition of territorial reserves in the territorial plan;
(g) the results of the visit and field investigations on the territory of the European sites and bird areas likely to be affected by the zoning plan;
(h) details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(i) evaluation of the significance of the effects referred to in (e), including those of cumulative, synergistic and co-factors;
(j) a comparison of the options for the solution of the zoning plan in terms of expected effects, where they have been submitted and where such order can be determined;
(k) measures to prevent, exclude or reduce the expected adverse effects of the zoning plan, including justification for their determination;
(l) comparison of the impact of the zoning plan without implementing measures to prevent, exclude or reduce the expected adverse effects of the project with the impact of their implementation;
(m) the conclusion of the assessment in terms of the significance of the impact of the zoning plan and whether or not the zoning plan has a significant negative impact on the subject of protection or integrity of the European site or bird area; and
(n) a framework assessment of the possibilities of possible compensatory measures where the impact of the zoning plan is considered to be significantly negative.
(2) Paragraph 1 shall apply mutatis mutandis to the elements of the assessment of the impact of changes to the zoning plan.
Requirements for assessing the impact of serious interference on the interests of nature and landscape protection
(K § 67 (1) of the Nature and Landscape Conservation Act)
The assessment of the impact of the intended serious intervention carried out in the context of the construction or other use of the landscape (hereinafter "the intervention ') on the interests protected under Parts Two, Three and Five of the Nature and Landscape Conservation Act (hereinafter" the protected interests') contains:
(a) details of the processor of the evaluation,
1. the name and, where applicable, the name and surname of the processor; and
2. the authorisation number for the assessment of the effects under Section 67 of the Nature and Landscape Conservation Act, indicating the date of validity of the authorisation;
(b) intervention data,
1. name of intervention;
2. details of the investor's intervention, namely the name of the firm or the name and identification number of the person, if any, if it is a legal person, the name and, where applicable, the name and surname and address of the place of permanent residence or place of business, if it is a natural person,
3. the overall characteristics of the intervention, its scope and location;
4. input and output data 4),
5. an overview of the proposed intervention options, if any, and an overview of the main reasons for their processing;
6. a description of the technical and technological solution of the intervention or its variants, where their technical and technological solutions differ; and
7. Timetable for intervention activities, indicating the expected start-up date and completion of the intervention and the duration of operation or use of the intervention,
(c) information on the state of nature and landscape in the territory concerned, indicating the materials and resources used,
1. a description of the current state of nature and landscape;
2. identification of the protected interests likely to be affected by the intervention, including their characteristics aimed at the current situation and objectives of protecting those interests;
3. data on the dates, content, extent and results of the scientific survey and field survey taking into account seasonal aspects; and
4. details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
(d) an assessment of the impact of the intervention and its various options, if any,
1. an assessment of the adequacy of the supporting documents to assess the impact of the intervention and the listing of the supporting documents used and their sources;
2. identification and description of the intended effects of the intervention on protected interests, in the full extent of the intervention, including the preparation of the territory, the implementation and termination of the intervention, including, where appropriate, the disposal, disposal, revitalisation or reclamation of the territory;
3. an assessment of the expected effects of the intervention on protected interests, including those of cumulative, synergistic and co-operative factors, in terms of their scale and relevance, taking into account the expected duration and possible repetition,
4. the order of the variants of intervention in terms of the degree of negative influence on protected interests, if they are processed and can be determined;
5. a proposal for measures to eliminate or mitigate the negative impact of an intervention on protected interests, unless it can be ruled out entirely, or a proposal for alternative measures to compensate for a negative impact, including a proposal for a subsequent monitoring of the negative effects of an intervention on protected interests and a proposal for a method of evaluation, where such measures may be laid down in the light of the nature of the protected interest concerned,
6. a comparison of the degree of negative impact of the intervention without the implementation of measures to eliminate, mitigate or compensate for the negative impact with that of their implementation; and
7. the conclusion of the assessment in terms of the severity of the impact of the intervention, including whether and to what extent the intervention will affect protected interests.
Requirements for the assessment of the design of the acceleration zone in relation to the occurrence of wild fauna, flora and habitats and for its updating
(Articles 11 (3) and 17 (3) of the Renewable Energy Act)
(1) The assessment of the design of the acceleration zone in relation to the occurrence of wild fauna, flora ("species") and habitats contains:
(a) details of the processor of the assessment,
1. name and surname,
2. the authorisation number according to § 45j of the Act on the Conservation of Nature and Landscape with the date of validity of the authorisation,
(b) details of the acquirer of the zoning documentation in which the acceleration area is to be defined or of any other public authority making the assessment;
(c) data on the territory concerned,
1. information on the area of the territory under consideration and a description of its location, indicating the cadastral areas concerned, including a drawing which shall be processed above the map base on a scale corresponding to the needs of the assessment, but not less than 1: 10 000;
2. the type or types of renewable energy sources for which the acceleration zone is to be defined for use;
3. an overview of the proposed variants of the definition of the acceleration area, if any, and an overview of the main reasons for their processing, if justified in terms of nature and landscape conservation;
(d) data on the state of nature and landscape in the territory concerned,
1. a factual description of the characteristics of the territory, focusing on the current state of the territory in terms of the occurrence of species, their habitats and natural habitats;
2. an overview of the information and documentation used on the territory;
3. details of the scope and conclusions of consultations with the competent nature conservation authorities and experts where such consultations have been carried out;
4. data on the course and results of the field survey to ensure the verification and addition of the necessary data on the territory in terms of the occurrence of species, their habitats and natural habitats;
5. an overview of the occurrence of species, their habitats and natural habitats, in accordance with the information obtained in accordance with the procedure set out in points 2 to 4, including map outputs processed into the drawing referred to in point (c) (1) or a separate drawing with the same measure;
(e) an assessment of the significance of the impacts of the projects for the use of renewable energy sources under Article 2 (a) of the Renewable Energy (hereinafter referred to as "the intention to use renewable energy sources") on species and habitats in the territory concerned,
1. identification of the intended method, scope and significance of affecting species and their habitats or natural habitats by means of projects for the use of renewable energy sources in the territory under consideration for the implementation and operation phases of these projects, and a general assessment of the risks associated with the removal of such projects after closure; particular attention should be paid to the anticipated impact of sensitive bird species in places where the construction of projects for the use of renewable energy sources could pose an extreme risk to the bird population,
2. map outputs processed in the drawing referred to in point (c) (1), or in a separate drawing with the same scale, containing a specification of areas likely to be directly or indirectly affected by projects for the use of renewable energy sources in the territory concerned, indicating the expected significance of the affected areas;
(f) evaluation and specification of the possibilities of excluding or limiting the adverse effects of projects for the use of renewable energy sources in the territory concerned on species, their habitats and natural habitats in terms of:
1. the suitability of the use of individual areas in the territory concerned,
2. appropriate dates for the implementation and operation of projects for the use of renewable energy sources and, where appropriate, appropriate dates for other aspects of the organisation of activities and maintenance in the territory concerned;
3. available options for solutions and technical measures;
4. the possibility of replacing disturbed species or habitats.
(2) When updating the assessment of the acceleration zone in relation to the occurrence of species and habitats, paragraph 1 shall apply mutatis mutandis to the extent of changes in the definition of the acceleration zone and changes in the facts in which the amended territorial measure has been issued, which:
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Regulation Information
| Citation | Decree No. 142 / 2018 Coll., on the formalities for assessing the impact of the intention and concept on European sites and bird areas and on the requirements for assessing the impact of serious interference on the interests of nature and landscape protection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2018 |
|---|---|
| Effective from | 01.08.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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