What is Act No. 201 / 2012 Coll.?

Act No. 201 / 2012 Coll., on Air Protection — Air Protection Act.

When it became Act No. 201 / 2012 Coll. effectiveness?

Act No. 201 / 2012 Coll. became effective 01.09.2012.

Is Act No. 201 / 2012 Coll. still valid?

Yes, Act No. 201 / 2012 Coll. is still valid and effective.

Act No. 201 / 2012 Coll. - Air Protection Act

201

THE LAW

of 2 May 2012

on air protection

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

(1) Air protection means the prevention of air pollution and the reduction of the level of pollution so as to limit the risks to human health caused by air pollution, the reduction of environmental burden by air-borne substances and harmful ecosystems, the creation of assumptions for the regeneration of environmental components affected by air pollution and the maintenance of the lowest level of pollution in accordance with the principles of sustainable development and the loading of the territory.

(2) This law implements the relevant provisions of the European Union1) and provides for provisions,

(a) permitted levels of pollution and air pollution;

(b) how to assess and evaluate the permissible level of pollution and air pollution;

(c) instruments for reducing pollution and air pollution;

(d) the rights and obligations of persons and the competence of public authorities in the protection of air,

(e) the rights and obligations of fuel suppliers and the competence of public authorities in ensuring that those rights and obligations are fulfilled.

(3) This law does not apply to the introduction of radionuclides into the air, to the fight against fires and to the removal of the consequences of dangerous epidemics, natural disasters and other incidents carried out under other legislation3). Furthermore, this Act does not apply to the activities of the Czech Fire Rescue Corps in the preparation for emergency situations (3), in the preparation for and implementation of extraordinary tasks (43).

(4) That law was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules and of rules on information society services, as amended by Directive 98 / 48 / EC.

§ 2

For the purposes of this Act:

(a) the outer air in the troposphere;

(b) any pollutant which, by its presence in the air, has, or may have, harmful effects on human health or the environment or harasses the odour;

(c) by polluting (emissions) the introduction of one or more pollutants into the air;

(d) the level of pollution by mass concentration of the pollutant in air (imise) or its deposition on the ground surface per unit of time;

(e) a stationary source integrated by a technically indivisible stationary technical unit or activity which pollutes or could pollute;

(f) mobile power supply means a self-propelled and other mobile and, where applicable, portable technical unit equipped with an internal combustion engine, provided that it serves its own propulsion or is incorporated as an integral part of technological equipment;

(g) a stationary source of combustion, in which fuels are oxidized for the use of released heat;

(h) the operator of the legal or natural person who actually operates the stationary source; where such a person is not known or does not exist, the owner of a stationary source shall be considered to be the operator;

(i) an emission limit of not more than the permitted amount of the pollutant or group of pollutants brought into the air from a stationary source;

(j) an emission ceiling of not more than the quantity of pollutant introduced into the air per calendar year;

(k) the maximum permitted level of pollution laid down by this law by means of a limit;

(l) fuel-burning material in solid, liquid or gaseous form, intended by its manufacturer for combustion to release the energy content of the material;

(m) a volatile organic substance (VOC) of any organic compound or mixture of organic compounds, with the exception of methane, which, at a temperature of 20 ° C, has a vapour pressure of 0,01 kPa or more, or has a corresponding volatility under specific conditions of use;

(n) organic solvent any volatile organic substance which is used alone or in a mixture with other substances without undergoing a chemical change, for the dissolution of raw materials, products or waste, or which is used as a detergent for the dissolution of pollutants, as a lubricant, as a dispersant, as a dispersant, as a means of adjusting viscosity or surface tension, as a plasticiser or as a protective agent;

(o) heat treatment of waste by oxidation of waste or by other thermal processes, including incineration of derived substances, if this would result in a higher level of pollution than the incineration of an equivalent amount of natural gas of the same energy content; the heat treatment of waste is also considered to be the oxidation or treatment by another thermal process of fuel produced from waste which has ceased to be waste under the conditions laid down by the Waste Act (13), provided that one of the conditions laid down is that the requirements for the heat treatment of waste are laid down and met in its energy recovery;

(p) waste incinerators a stationary source intended for the heat treatment of waste, the main purpose of which is not the production of energy or other products, and any stationary source in which more than 40% of the heat is generated by the heat treatment of hazardous waste or in which unheat treatment of untreated mixed municipal waste is carried out;

(q) particles PM2,5 particles which pass through a size-selective input filter showing a 50% aerodynamic diameter of 2,5 μm separation efficiency;

(r) particles PM10 particles which pass through a size-selective input filter showing a 50% aerodynamic mean of 10 μm separation efficiency.

§ 2a

For the purposes of this Act:

(a) propellant motor gasoline, diesel, liquefied petroleum gas, compressed or liquefied natural gas, compressed or liquefied hydrogen, biofuel, compressed or liquefied biomethane or other renewable fuel, mixed fuel, compressed or liquefied renewable fuel of non-biological origin or compressed or liquefied recycled fuel containing carbon, used for the propulsion of road vehicles, special vehicles, railway vehicles or inland waterway vessels, including recreational craft;

(b) a selected propellant fuel excluding compressed hydrogen, compressed renewable non-biological fuel, compressed natural gas, compressed biomethane and compressed recycled carbon fuel;

(c) biofuel liquid fuel for use in transport and produced from biomass;

(d) advanced biofuel biofuel produced from specified raw materials listed in the implementing legislation;

(e) biofuel at low risk of indirect land-use change biofuel, the raw materials of which have been produced in regimes that prevent the crowding-out effects of biofuels produced from food biomass through improved agricultural practices, as well as through crop cultivation in areas which were previously not used for crop cultivation and which have been produced in accordance with the sustainability criteria and greenhouse gas emission savings for biofuels;

(f) food and feed crops starch-rich crops, sugar crops or oil crops grown on agricultural land as main crops, with the exception of residues, waste or lignocellulose pulp and temporary crops such as intermediate crops and cover crops, unless the use of such temporary crops results in demand for additional land;

(g) recycled carbon-containing liquid or gaseous fuel produced from liquid or solid waste of non-renewable origin which is not suitable for material recovery or from non-renewable waste and exhaust gas treatment gases resulting as an unavoidable and unintentional consequence of the production process in industrial installations;

(h) renewable fuels of non-biological origin liquid or gaseous fuels whose energy content is obtained from sources other than biomass;

(i) greenhouse gas emissions per unit of energy the total amount of greenhouse gas emissions expressed in CO2 equivalent produced in the full life cycle of the fuel, divided by the total energy content of the fuel expressed in calorific value or energy in the form of electricity;

(j) greenhouse gas emissions generated during the complete life cycle of fuel, the total net CO2 emissions, CH4 and N2O attributable to that fuel, including blended components, or electricity, over a period covering all stages of the process of production and consumption of fuel or electricity from land extraction or cultivation, including land use changes, transport, distribution and processing, to incineration, regardless of when such emissions arise;

(k) advanced biofuel biofuel non-advanced biofuel produced from specified raw materials listed in the implementing legislation;

(l) fuel supplies

1. the introduction into free circulation in the tax territory of the Czech Republic of fuel which is subject to excise duty or their supply in the tax territory of the Czech Republic after their release into free circulation in another Member State of the European Union,

2. the supply of fuel which is subject to tax on natural gas and certain other gases, to the premises of a petrol station or supply unit in the tax territory of the Czech Republic, in so far as their suppliers are obliged to grant and pay tax,

3. the supply of compressed or liquefied hydrogen to the premises of a petrol station or an output unit in the tax territory of the Czech Republic,

(m) the fuel supplier of the person who supplies the fuel.

ČÁST DRUHÁ

_

§ 3

Allowed level of pollution

(1) Imission limits are set out in Annex 1 to this Act. Imission limits shall be binding on air protection authorities in the exercise of their powers under this Act and on municipalities and regions in the exercise of their separate responsibilities with an impact on air. The emission limits and the level of pollution by pollutants which have a limit of imitation in points 1 to 3 of Annex No 1 to this Act are the basis for the procurement of territorial analysis and planning documentation.

(2) The permitted level of pollution determined in accordance with paragraph 1 shall not apply to outdoor air places where the public is not free to access.

§ 3a

National exposure reduction target

(1) The national exposure reduction target is the value to be achieved by reducing the average exposure of the population by PM2,5 particles over the reference year in order to reduce harmful effects on human health. Directive 2008 / 50 / EC of the European Parliament and of the Council, as amended, provides for the period within which this objective is to be achieved.

(2) The national exposure reduction target is set out in Annex 1 to this Act.

(3) The assessment and evaluation of the fulfilment of the national exposure reduction target is carried out by the Ministry.

(4) By decree, the Ministry provides for a method of assessing and evaluating the fulfilment of the national exposure reduction target.

§ 4

Allowed level of pollution

(1) The permissible level of pollution is determined by emission limits, emission ceilings, technical conditions of operation and permissible smoke darkness.

(2) Emission limits must be observed on each chimney vent or air outlet. The emission limits are divided into:

(a) the general emission limits laid down in the implementing legislation for pollutants and their groups; and

(b) the specific emission limits laid down in the implementing act or in the authorisation of the operation of a stationary source (hereinafter referred to as "traffic permit").

(3) Where one or more specific emission limits or emission ceilings are set for a stationary source, the general emission limits shall not apply. The specific emission limit laid down in the operating permit shall not be equal to or higher than the specific emission limit laid down in the implementing legislation for a given stationary source. The specific emission limit set in accordance with the second sentence in the authorisation of operation or for a pollutant for which no specific emission limit is laid down in the implementing legislation shall be established in particular in the light of the best available techniques (44) and the level of pollution at the site of operation of the source.

(4) Emission ceilings are established for a stationary source, a group of stationary or mobile sources, an establishment (4) or a demarcated territory.

(5) Emission ceilings are complementary to emission limits, except for stationary sources listed under codes 9.1 to 9.24 in Annex 2 to this Act, for which the emission limit for volatile organic substances may be replaced by an emission ceiling.

(6) Technical operating conditions complement emission limits with the exception of combustion stationary sources with a total rated thermal input of 50 MW and higher combustion coal extracted in the Czech Republic and specifically designed for this fuel, for which the emission limit for sulphur dioxide laid down in the implementing legislation may be replaced by the technical condition of operation laid down in the implementing legislation if it cannot be achieved.

(7) By decree, the Ministry of the Environment (hereinafter referred to as "Ministry") sets general and specific emission limits, the method of setting specific emission limits in the permit of operation, the technical conditions of operation of stationary sources and activities or technologies related to the operation of a stationary source, the method of determining emission ceilings and emission limits, the conditions under which they are deemed to be filled and the permissible darkness of smoke, the method of detection and the conditions under which it is deemed to be filled.

§ 4a

Stationary resources and their classification

(1) Stationary resources are divided into stationary resources listed in Annex 2 to this Act and into stationary resources not listed in Annex 2 to this Act.

(2) The fixed sources listed in Annex 2 to this Act shall be classified under the relevant codes set out in that Annex on the basis of the type of activity or type of stationary technical unit, taking into account the overall design parameters, if they are listed in Annex 2 to this Act. Codes 11.1. to 11.9. and code 12.1. are only included in a stationary source if it cannot be classified under another code listed in Annex 2 to this Act according to the first sentence. Only a stationary source not listed elsewhere in Annex 2 to this Act, for which a permit has been requested pursuant to § 11 (2) (c), may be included under code 13.

(3) For the purpose of determining the annual emission of a stationary source when classified under codes 11.1. to 11.9., the projected maximum use of the operating time and the mass concentration of the pollutant at the level of the general emission limit shall be based on the projected flow of waste gas. A different course of action is given in:

(a) combustion stationary sources falling within codes 1.1 to 1.4; These stationary sources cannot be classified under codes 11.1. to 11.9.

(b) stationary sources using organic solvents where it is clear from the description of the production process that the value of the annual emissions of volatile organic substances cannot be higher than the projected consumption of organic solvents; in that case, the projected consumption of organic solvents shall be used to determine the annual emissions of volatile organic substances; or

(c) stationary sources for which the pollutants are not removed by a chimney or fire; in that case, the projected capacity of the stationary source and the emission factor published in the Ministry of Environment Bulletin or, if not published, another corresponding emission factor for the stationary source shall be used to determine their annual emissions.

(4) The classification of stationary sources under the relevant codes listed in Annex 2 to this Act shall be carried out by the Regional Authority in the process of issuing the traffic permit or in the procedure for changing the traffic permit.

§ 4b

Addition rules

(1) For the purposes of determining the total rated thermal input of 2 or more combustion stationary sources or the total projected capacity of other stationary sources, the rated thermal input of combustion stationary sources or the projected capacity of non-combustion stationary sources shall be added, unless otherwise specified, as far as stationary sources are concerned.

(a) a type falling under the same code in Annex 2 to this Act;

(b) located in the same establishment; and

(c) they pollute by common fire or chimney, regardless of the number of chimney vents or, taking into account their arrangements for pollution, by common vents or chimney, regardless of the number of chimney vents, could occur.

(2) For combustion stationary sources, the rated thermal input shall not be summed in accordance with paragraph 1 as regards:

(a) combustion stationary sources for which the first operating permit was issued before 1 July 1987 if the total rated thermal input determined in accordance with the procedure referred to in paragraph 1 was 50 MW or more; for those combustion stationary sources, for the purpose of determining the total rated power input of rated thermal input, only those fixed sources marked with the same code in Annex 2 to this Act which are located in the same plant and which are contaminated by a common chimney, irrespective of the number of chimney vents; or

(b) existing stationary combustion sources with a rated thermal input of less than 15 MW; the rated thermal input of these stationary sources shall not be added to the total rated thermal input referred to in paragraph 1 if the total rated thermal input determined in accordance with the procedure referred to in paragraph 1 is 50 MW or more.

(3) For combustion stationary sources located in the same plant of a type falling within codes 1.1 to 1.4 in Annex 2 to this Act, with the exception of combustion stationary sources referred to in paragraph 2, it is true that:

(a) the rated thermal input shall be aggregated regardless of the code under which the combustion stationary sources fall to the type, except for combustion stationary sources with a rated thermal input of up to 1 MW and combustion stationary sources put into service before 20 December 2018, if the addition of their rated thermal input would not have reached or exceeded a value of 50 MW, the rated thermal input of which is added only if they are marked with the same code in Annex 2 to this Act;

(b) the rated thermal input shall be added when pollution occurs or, taking into account the organisation of combustion stationary sources and taking into account technical and economic factors, may occur through a common exhaust or chimney regardless of the number of chimney vents; and

(c) where the sum of 50 MW or more is added to the rated thermal input of combustion stationary sources with a rated thermal input of 15 MW or more, the rated thermal input of combustion stationary sources with a rated thermal input of less than 15 MW shall not be added to that sum; However, if the sum of 50 MW is not reached or exceeded, the rated thermal input of all combustion stationary sources shall be added, and when the 50 MW is reached or exceeded, their total rated thermal input shall be considered 49 MW.

(4) The rated thermal wattage or projected capacity shall be added in accordance with paragraph 1, irrespective of whether pollution occurs or could occur with a common exhaust or chimney, regardless of the number of chimney vents, for stationary sources, taking into account their arrangement.

(a) of a type falling within codes 2.1 to 2.3., 2.10., 7.1 to 7.8 and 8 in Annex 2 to this Act; or

(b) using organic solvents which fall under the same code in Annex 2 to this Act, for which the proposed capacities are added up, irrespective of whether they reach the limits of the proposed consumption of organic solvents listed in Annex 2 to this Act.

(5) Rated thermal wattage or projected capacity 2 or more stationary sources are not added

(a) for combustion stationary sources with a rated thermal input of 300 kW or less, located in a family or residential building; or

(b) between stationary sources whose rated thermal input or projected capacity reaches the values for inclusion in Annex 2 to this Act and stationary sources whose rated thermal input or projected capacity does not reach the value for inclusion in Annex 2 to this Act.

(6) Projective capacities expressed by the amount of input or output of material or products per time unit shall not be aggregated with each other for 2 or more stationary sources linked by successive material flows.

(7) If the manufacturer of the combustion stationary source does not indicate its rated thermal input, the rated thermal input shall be calculated as a proportion of the rated heat output and its corresponding thermal efficiency and, where applicable, the calculation of other available parameters.

§ 5

Assessment and evaluation of pollution levels

(1) In order to assess the level of pollution, the Ministry shall ensure that the level of pollution for pollutants set out in the implementing legislation is assessed and that the resulting level of pollution is compared with the limits set out in Annex 1 to this law.

(2) The assessment and evaluation of the level of pollution shall be carried out for the areas defined for the purposes of air quality assessment and management (zone) and for a zone which is an urban agglomeration with a population of more than 250 000 (hereinafter referred to as "agglomeration"). The list of zones and conurbations is set out in Annex 3 to this Act.

(3) The assessment of the level of pollution shall be carried out by the Ministry by stationary measurements, calculations or combinations thereof, depending on whether the lower or upper limit for the assessment of the level of pollution has been exceeded in the zone or in the agglomeration. The Ministry shall carry out an assessment as to whether the level of pollution has been exceeded in individual zones and conurbations.

(4) For the purpose of stationary measurement, the Ministry sets out and operates a national network for the monitoring of imitation. The State Imitation Monitoring Network will be published by the Ministry in a way that allows remote access.

(5) For the assessment of the level of pollution, the results of the measurement of the level of pollution carried out by the person who has been issued the authorisation decision (hereinafter referred to as the authorised person) for the measurement of the level of pollution referred to in Article 32 (1) (b) shall also be used. The Ministry shall inform the authorised person of the use made of these results.

(6) By the Decree, the Ministry sets out the conditions and arrangements for assessing and evaluating the level of pollution, the list of pollutants for which the assessment of the level of pollution, the data quality objective, the procedure for evaluating zones and agglomeration, the location of sampling points for stationary measurements, the minimum sampling points for stationary measurements and the reference methods for assessing the level of pollution.

§ 6

Detection and evaluation of pollution levels

(1) The level of pollution shall be determined by the operator at:

(a) pollutants for which it has a specific emission limit or emission ceiling;

(b) the pollutants for which it has a technical operating condition, where this is provided for in the implementing legislation or in the operating permit; and

(c) stationary sources and pollutants listed in Annex 4 to this Act.

(2) The operator shall determine the level of pollution by measuring or calculating. The calculation shall be applied where, at the request of the operator, the regional authority so provides in the operating permit, unless, taking into account the technical means available, the actual level of pollution can be established or the stationary sources from which volatile organic substances are introduced into the air as laid down in the implementing legislation. In the case of a stationary source for which, with regard to the available technical means, the contaminants may not be discharged through a chimney or through a filler, the Regional Authority may decide in accordance with the second sentence only if at the same time an exemption from the obligation referred to in Article 17 (3) (d) is permitted in the operating permit. The calculation shall also apply in the case of back-up energy sources referred to in paragraph 8 and in the case of stationary sources listed in Annex 2 to this Act, for which, in view of their impact on the level of pollution and on the possibility of influencing the resulting emissions, it shall provide for implementing legislation.

(3) Measurements are carried out in a place where there are no changes in the composition of waste gases introduced into the air or in another place which is precisely defined by the content of the reference oxygen. Where a stationary source is subject to pollution by means of multiple chimneys or spores, the level of pollution shall be determined on each of them, unless otherwise specified in the operating permit referred to in Article 11 (2) (c).

(4) The level of pollution shall be determined by means of one-off emission measurements at intervals established by implementing legislation or by continuous emission measurements. In cases where the operator ascertains the level of pollution by regular one-off emission measurements, it shall also conduct continuous monitoring and recording of the operating parameter for checking the correct operation of the emission reduction technology or emission reduction measures set out in the operating permit, in the case of stationary sources listed in Annex 2 to this Law, for which implementing legislation provides. Where such an operating parameter cannot be established, the Regional Authority shall instead determine the technical condition of operation in accordance with Section 12 (4) (e), which shall ensure a similar check of the correct operation of the emission reduction technology or emission reduction measures as the operating parameter. A single emission measurement shall be provided by the operator through an authorised person in accordance with Section 32 (1) (a). Continuous emission measurements shall be carried out by an operator of a stationary source listed in Annex 4 to this Act or a stationary source for which the Regional Authority shall so determine in the operating permit.

(5) The emissions of pollutants and the operational parameters listed in Annex 4 to this Act shall be determined by continuous emission measurement. Verification of the accuracy of continuous measurement results shall be ensured by the operator by a single measurement of emissions carried out by an authorised person in accordance with Section 32 (1) (a) once per calendar year. Every 3 calendar years, the operator shall ensure that continuous emission measurement is calibrated. The obligation to perform the verification of the accuracy of the continuous measurement results shall be deemed to have been fulfilled by performing the calibration of continuous emission measurement in accordance with the specified technical standards.

(6) The Czech environmental inspection ("inspection") carries out emission measurements in the performance of the inspection to verify compliance with emission limits and to determine the level of pollution. The measurement data referred to in the first sentence, contained in the measurement log, shall be reported by inspection without undue delay through an integrated environmental reporting system (11). This measurement of emissions by inspection shall be without prejudice to the operator's obligation to detect the level of pollution referred to in paragraph 1 and to verify the accuracy of the results referred to in paragraph 5.

(7) A single measurement of emissions referred to in paragraphs 4 and 5 shall be considered to be only one measurement preceded by the reporting of the measurement date by an integrated environmental reporting system made by the operator at least 5 working days before carrying out this measurement. If the date of the planned measurement is changed or cancelled for preforeseeable reasons, the operator shall report this in the same manner at least 1 working day before the originally planned date.

(8) An operator of a stationary source identified by code 1.1., 1.2. or 1.3. In Annex 2 to this Act, if not a stationary source with a total rated thermal input of 50 MW or more, shall determine the level of pollution at that source by calculation, if this source serves as a back-up power source and its operating hours, as determined in accordance with the implementing legislation, shall not exceed 500 hours per year expressed as a rolling average over a period of 3 calendar years. The fact that the source serves as a back-up power source shall be indicated in the operating permit.

(9) If the level of pollution cannot be detected by measurement and data are not available for the pollutant concerned to determine the method of determining the level of pollution by calculation, the regional authority shall, at the request of the operator, provide in the operating permit that the operator is not obliged to determine the level of pollution for the pollutant concerned.

(10) The Ministry provides by decree

(a) stationary sources for which calculation instead of measurement can be used in view of their impact on the level of pollution and the possibility of influencing the resulting emissions;

(b) stationary sources from which volatile organic substances are introduced into the air and for which the determination of the level of pollution is carried out instead of by calculation;

(c) stationary sources for which continuous monitoring and recording of the operating parameter in the operating permit is required and the scope, manner and conditions of the operating parameter;

(d) the extent, manner, conditions, intervals and evaluation of the determination of the level of pollution by means of one-off emission measurement and calculation and the necessity of reporting the date of the one-off emission measurement;

(e) the scope, manner and conditions of implementation, recording, verification, evaluation, reporting and storage of the results of the detection of the level of pollution by continuous emission measurement; and

(f) the method of determining the number of operating hours.

§ 7

Air quality information system

(1) The results of the assessment and evaluation of pollution levels are kept by the Ministry in the air quality information system. Part of the air quality information system is also a register of emissions and stationary sources, where data on stationary sources and the amount of pollutants introduced into the air from stationary and mobile sources are kept, and a register of impacts of air pollution on ecosystems, where data on air pollution impacts on ecosystems are kept.

(2) The Ministry shall, on the basis of the data collected, carry out an emission inventory consisting of the detection of the total quantity of pollutants introduced into the air in the previous calendar year and an emission projection consisting of an estimate of the evolution of the quantity of pollutants to be introduced into the air in the following calendar years. When carrying out the emission inventory and processing its results, the Ministry shall follow the procedures agreed under the Convention on Long-Range Transboundary Air Pollution. The Ministry shall publish annually a report on air protection based on data from the air quality information system.

ČÁST TŘETÍ

INSTRUMENTS FOR LOSSING LEVELS AND LOSSES

§ 8

National emissions reduction programme of the Czech Republic

(1) In order to reduce the total level of pollution and pollution in the Czech Republic, the Ministry, in cooperation with the relevant central administrative authorities, shall process the National Emission Reduction Programme of the Czech Republic (the "National Programme '). The national program is approved by the government. The requirements for the content of the national programme are set out in Annex 12 to this Act.

(2) The Ministry shall process and notify the European Commission at least once every 4 years. Without prejudice to this obligation, the Ministry shall update the instruments and measures contained in the national programme within 18 months of the submission of the latest national emission inventory or national emission projections to the European Commission in the event that, according to the data submitted, national emission reduction commitments have not been met or there is a risk of non-compliance.

§ 9

Air quality improvement programmes

(1) The Air Quality Improvement Programme for the Zone or Agglomeration is issued by the Ministry where the limit set out in points 1 to 3 of Annex 1 to this Act is exceeded in the zone or agglomeration concerned or where the national exposure reduction target is not reached. The contents of the air quality improvement programme are set out in Annex 5 to this Act.

(2) The air quality improvement programme shall be prepared by the Ministry, in cooperation with the competent central administrative authorities, other competent administrative authorities, the relevant region and the relevant municipalities without undue delay, but no later than 24 months after the end of the calendar year in which the threshold for the reduction of exposure has been exceeded or the national target has not been reached. The air quality improvement programme shall be issued by the Ministry in the form of general measures. This measure of a general nature shall be issued without a procedure for its proposal. The Ministry shall issue a public decree announcing a measure of a general nature on its official plate and on the official boards of regional offices whose administrative districts are concerned by a measure of a general nature. The Ministry also publishes general measures in the Ministry of the Environment Bulletin.

(3) The air quality improvement programme shall include measures to ensure that the limit or target for the reduction of exposure is achieved as soon as possible. In order to achieve the limit of imitation and the objective of reducing exposure, the measures listed in the air quality improvement programme and those listed in the national programme are complementary. Where measures to achieve the limit of imitation or to achieve the objective of reducing exposure are already contained in other concepts, this shall be indicated in the air quality improvement programme.

(4) Air quality improvement programmes shall be binding on air protection authorities in the exercise of their powers under this Act, central administrative authorities and other administrative authorities in the exercise of their powers with an impact on the level of pollution or pollution, and on municipalities and counties in the exercise of their separate competence with an impact on the level of pollution and pollution. The measures provided for in the air quality improvement programme shall be implemented in such a way that the limit or target for the reduction of exposure is achieved as soon as possible. The authorities referred to in the first sentence, municipalities and counties shall report on request to the Ministry on the implementation of these measures. The Ministry shall determine the details of the notification of the implementation of the measure by means of a decree.

(5) The municipalities and regions shall, without undue delay at the latest within 12 months of the date of publication of the relevant air quality improvement programme in the Ministry of the Environment Bulletin, be approved and published in a manner enabling long-distance access following and in accordance with that programme, their timetable for the implementation of the measures and shall provide it to the Ministry within that period. The Ministry shall publish the reported timetable in a way that allows remote access. In order to draw up a timetable for the implementation of regional measures, the Ministry shall provide the necessary synergies to the region. The Region shall provide the municipality with the necessary synergies in the preparation of the timetable to ensure its compliance with the regional timetable. The requirements of the timetable for the implementation of the municipal and regional measures shall be laid down by the Ministry by decree.

(6) The Ministry, in cooperation with the competent central administration, the competent administrative authority, the relevant region and municipalities, will amend the air quality improvement programme if there have been significant adverse changes compared to the state at which the air quality improvement programme was issued. An assessment of whether a major adverse change has occurred shall be carried out by the Ministry on the basis of information on the level of pollution and air pollution maintained in the air quality information system referred to in Article 7, information on the implementation of the measures provided for, and where appropriate on the availability and effect of the new measures.

(7) Where appropriate and appropriate in view of similarities in levels of pollution, their causes, estimates of its development, or of the measures implemented or proposed in several zones and conurbations, the air quality improvement programme may be developed jointly for several zones and conurbations. In the case of the issue of such a programme, the programme shall comply with the content requirements set out in Annex 5 to this Act in relation to all zones and conurbations concerned and shall specify which zones and conurbations it covers. Paragraphs 1 to 6 shall apply mutatis mutandis to such a programme.

§ 10

Smog situation

(1) The smog situation is an extremely polluted state of human health where the level of pollution by sulphur dioxide, nitrogen dioxide, PM10 particles or tropospheric ozone exceeds the informative, regulatory or alert threshold set out in Annex 6 to this Act and the conditions set out in this Annex are met. The conditions for creating and ending the smog situation are set out in Annex 6 to this Act.

(2) The creation and termination of the smog situation are announced by the Ministry without delay in a way that allows remote access and in the media. At the same time, it shall immediately inform the inspection, the regions concerned, the municipalities concerned which have the regulatory rules issued, the municipalities which have a low emission zone and the operators concerned of the stationary resources to which specific operating conditions have been imposed pursuant to paragraph 5. In order to inform the announcement and termination of the smog situation, the operator to whom specific operating conditions have been imposed pursuant to paragraph 5 shall immediately provide and update contact information, including an electronic address, to the Ministry. The municipality shall immediately publish information on the occurrence of the smog situation and its termination in a normal place.

(3) In the event of a smog situation in accordance with point 4 or 6 of Annex 6 to this Law, the municipality may issue for its territory or part of it by means of a Regulation (EC) No 5) a regulatory order containing short-term measures contributing to the reduction of pollution by pollutants referred to in paragraph 1, thereby mitigating the course of the smog situation. The regulatory rules will not be issued by the municipality if it is clear that short-term measures cannot contribute to mitigating the smog situation. The content of the regulatory rules is set out in Annex 6 to this Act. The municipality concerned shall immediately inform the Ministry of the publication of the Order of the Municipality to which the regulatory order has been issued in the Collection of Legislation of Local Government and certain administrative offices. Where a low-emission zone is established for the municipality in accordance with Paragraph 14, measures to restrict the operation of road motor vehicles in the event of a smog situation must be laid down as special conditions within a fixed low-emission zone.

(4) Short-term measures shall be implemented for the duration of the smog situation and shall aim in particular at:

(a) restrictions on the operation of road motor vehicles;

(b) the advantage of the use of public rail passenger transport and regular passenger transport over individual car transport;

(c) a restriction or prohibition on the operation of combustion stationary sources with a total rated thermal input of up to and including 300 kW, which may be replaced by another existing heat source with less negative impact on the level of pollution when heating the building;

(d) the restriction or prohibition of burning in an open fireplace;

(e) the restriction or prohibition of certain activities having a negative impact on the level of pollution in the implementation and disposal of buildings, or, where appropriate, the laying down of exceptional anti-dust measures for such activities; or

(f) restrictions on the operation of other stationary sources not listed in Annex 2 to this Act.

(5) In case of a smog situation under point 4.2 of Annex No 6 to this Act, the Regional Authority shall, in the traffic permit, establish specific operating conditions under Section 12 (4) (g) for stationary sources for which short-term measures may be taken which may contribute to the reduction of pollution by pollutants referred to in paragraph 1 and thereby mitigate the course of the smog situation, in particular for significant stationary sources identified in the analysis of the causes of air pollution referred to in point 3b of the analytical part of the air quality improvement programme. The Regional Authority shall draw up an information list of the regions containing an overview of stationary sources with specific operating conditions and other content elements listed in Annex 6 to this Act. The Regional Authority shall publish the information list without undue delay in such a way as to allow remote access in machine-readable format and send it to the Ministry.

Opinions, binding opinions and decisions of the air protection authority

§ 11

(1) The Ministry gives an opinion on the draft territorial development plan or principles of territorial development.

(2) The Regional Authority shall issue:

(a) an opinion on the territorial plan and the regulatory plan;

(b) a binding opinion on the authorisation of a project containing a stationary source as set out in Annex 2 to this Act on proceedings under another legislature46);

(c) authorisation to operate a stationary source (hereinafter referred to as "operating permit"); and

(d) a binding opinion on the authorisation of infrastructure of a category I motorway or a class I road in a built-up area of the municipality and a parking lot with a capacity exceeding 500 parking spaces (hereinafter referred to as "infrastructure or parking") to drive under another legislature47.

(3) Where the road or parking is intended in several regions, the regional authority of the county in whose administrative district the major part of the project is located in the built-up territory shall be responsible for issuing the binding opinion referred to in paragraph 2 (d). In such cases, the Regional Authority responsible for issuing a binding opinion shall always request the opinion of the Regional Office in whose administrative district part of the project is located in the established territory.

(4) If the operation of a stationary source identified in column B of Annex 2 to this Act or the impact of the location of the infrastructure or the parking lot referred to in paragraph 2 (d) would result in any of the values of pollution being exceeded with an average of 1 calendar year referred to in points 1 and 3 of Annex No 1 to this Act or its value is already exceeded in that area, an agreed binding opinion may be issued in accordance with paragraph 2 (b). (b) or (d) only in the current application of measures ensuring at least the maintenance of the existing level of pollution for the pollutant concerned ("compensatory measures"). This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. (b) or (d) it may be issued in justified cases without the application of compensatory measures where it is clear that the operation of a stationary source, infrastructure or parking would have only a negligible effect on the level of pollution for the pollutant concerned.

(5) The average concentration values for a square of 1 km2 shall be used for each of the previous 5 calendar years to assess whether any of the limit values referred to in paragraph 4 is exceeded. These values are published annually by the Ministry for all zones and conurbations in a way that allows remote access. Compensation measures shall be implemented in the area referred to in paragraph 4 preferably where the highest levels of pollution are achieved. Where this condition cannot be met, compensatory measures may also be taken in another territory, in particular where the limits are exceeded, but only in the territory of the same zone or agglomeration.

(6) Compensation measures are proposed by the applicant for a binding opinion pursuant to paragraph 2 (b) or (d). If the applicant does not propose compensatory measures or if the proposed compensatory measures are not appropriate, the compensatory measures shall be applied by the Regional Authority in the binding opinion referred to in paragraph 2 (b) or (d). As compensatory measures, emission reduction measures may be applied to existing stationary sources or other measures to reduce pollution levels. The applicant, which is also the operator of an existing stationary source, may include in the compensatory measures the emission reduction measures implemented in the previous calendar year. If the compensatory measure is implemented by means of emission reduction measures for an existing stationary source listed in Annex 2 to this Act, the Regional Authority shall, at the request of the operator, amend the authorisation to operate that existing source. The entry into service of a new stationary source may take place at the earliest at the date of entry into force of the change in the authorisation to operate an existing stationary source. Compensation measures on stationary resources other than those listed in Annex 2 to this Act shall be implemented on the basis of a public contract concluded between the Regional Office, the applicant and the operator of a stationary source, which shall implement compensatory measures. Where the compensatory measure is implemented by means of emission reduction measures for an existing stationary source not listed in Annex 2 to this Act or by means of any other measure ensuring a reduction in the level of pollution, the introduction of a new stationary source or the issue of a approval decision under another legislature47) for infrastructure or parking shall not take place before compensatory measures are implemented.

(7) In addition to the application for a binding opinion referred to in paragraph 2 (b), the applicant shall submit an expert opinion prepared by an authorised person pursuant to Article 32 (1) (d). In the absence of a procedure under another legislation (46), the applicant shall submit this expert opinion for the procedure for issuing or amending the traffic permit. The obligation to submit an expert opinion shall not apply to the combustion stationary sources identified by codes 1.1 to 1.4 in Annex 2 to this Act which burn exclusively natural gas with a total rated thermal input of up to and including 5 MW, to the combustion stationary sources identified by codes 1.2 and 1.3 in Annex 2 to this Act on the total rated thermal input of up to and including 5 MW, including combustion gaseous or liquid fuel, provided that they serve as backup energy sources and their operating hours do not exceed 300 hours in the calendar year, and to the procedure for modification of the traffic permit, where there is no increase in the projected power or capacity or increase in emissions, unless the procedure for setting the technical conditions of operation replacing the specific emission limit.

(8) The request for a binding opinion referred to in paragraph 2 (b) of this Article is addressed to the Member States. (b) or (d) and in order to change the authorisation of operations where there is an increase in the proposed power or capacity or an increase in emissions, for a stationary source identified in column A of Annex 2 to this Act, the applicant shall submit a dispersion study for pollutants having an imision limit set out in points 1 to 3 of Annex 1 to this Act, processed by an authorised person pursuant to Article 32 (1) (e). In the absence of a proceeding under another legislation (46), the applicant shall submit a dispersion study for the procedure for issuing the traffic permit. The obligation to submit a dispersion study shall not apply to combustion stationary sources identified by codes 1.1 to 1.4 in Annex 2 to this Act which burn exclusively natural gas with a total rated thermal input of up to and including 5 MW, to combustion stationary sources identified by codes 1.2 and 1.3 in Annex 2 to this Act on the total rated thermal input of up to and including 5 MW, including internal combustion gas or liquid fuel, provided that they serve as reserve energy sources and their operating hours do not exceed 300 hours in the calendar year, and to stationary sources identified by code 3.1 in Annex 2 to this Act which incinerates exclusively natural gas with a total rated thermal input of up to and below 1 MW; This does not apply if the submission of a diffusion study is requested by the Regional Authority in view of local conditions. Furthermore, the obligation to submit a dispersion study does not apply to cases where the proposed performance or capacity is increased, but there is certainly no increase in the contribution of a stationary source to the level of pollution. In case of doubt, there is a binding statement from the Regional Office.

(9) The applicant shall attach a reasoned assessment of compliance with the following conditions to the application for a binding opinion referred to in paragraph 2 (b), the purpose of which is to include a stationary combustion source with a rated electrical capacity of 300 MW or more:

(a) suitable carbon dioxide storage sites are available;

(b) the construction of the transport equipment is technically and economically feasible; and

(c) additional equipment for carbon dioxide capture is technically and economically feasible.

(10) The details of the application for traffic authorisation are set out in Annex 7 to this Act. An application for authorisation to operate a stationary source, which requires permission under a building law, may be submitted via the builder's portal under the building law.

(11) By decree, the Ministry provides for the application of compensatory measures.

§ 12

(1) When issuing an opinion, a binding opinion, an operating permit and a modification of an operating permit, the air protection authorities shall base their assessment of the air quality improvement programmes and the level of pollution by pollutants, which have a limit of imitation in points 1 to 3 of Annex No 1 to this Act, taking into account the risks of odour harassment. In the case of pollutants having an imism limit or national exposure reduction target in points 4 and 5 of Annex No 1 to this Act, air protection authorities shall take into account levels of pollution.

(2) The inspection may issue observations on the supporting documents in the case of the traffic authorisation procedure or the change of traffic authorisation procedure, within 15 days of the date of receipt of the supporting documents, unless otherwise agreed with the regional authority responsible for the procedure. The opinion of the inspection shall include an assessment of the air protection documents and shall be the basis for the decision of the Regional Authority.

(3) A binding opinion pursuant to Article 11 (2) (b) or (d) may include conditions for the location and execution of a project containing a stationary source referred to in Annex 2 or a road or parking plan providing air protection.

(4) The operating permit shall include the inclusion of a stationary source under the relevant code in Annex 2 to this Act, the authorised total capacity, the authorised total power or the authorised total rated thermal input of a stationary source and the mandatory conditions for the operation of a stationary source, unless they are already laid down in this Act or in the implementing legislation which are:

(a) specific emission limits;

(b) the method, conditions and frequency of detection of the level of pollution, including the manner and conditions of continuous monitoring and recording of the operational parameter referred to in Article 6 (4);

(c) emission ceilings for a stationary resource or operation4) which is a stationary resource component;

Date of Promulgation	13.06.2012
Effective from	01.09.2012
Effective until	-
Status	Valid

Act No. 201 / 2012 Coll.

Air Protection Act

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 2a

ČÁST DRUHÁ

§ 3

§ 3a

§ 4

§ 4a

§ 4b

§ 5

§ 6

§ 7

ČÁST TŘETÍ

§ 8

§ 9

§ 10

§ 11

§ 12

Contents

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Citation	Act No. 201 / 2012 Coll., on Air Protection
Regulation Type	Law
Author	-
Collection	Code of Laws