What is Act No 222 / 2006 Coll.?

Act No. 222 / 2006 Coll., amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Laws (Integrated Prevention Act), as amended, and certain other laws — Act amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act), as amended, and certain other laws.

When it became Act No 222 / 2006 Coll. effectiveness?

Act No 222 / 2006 Coll. became effective 01.06.2006.

Is Act No 222 / 2006 Coll. still valid?

Yes, Act No 222 / 2006 Coll. is still valid and effective.

Act No 222 / 2006 Coll. - Act amending Act No. 76 / 2002 Coll., on...

222

THE LAW

of 25 April 2006

amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and amending certain laws (Integrated Prevention Act), as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Integrated Prevention Act

Čl. I

Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act), as amended by Act No. 521 / 2002 Coll., Act No. 437 / 2004 Coll., Act No. 695 / 2004 Coll. and Act No. 444 / 2005 Coll., is amended as follows:

1. Paragraph 1 (1) reads as follows:

"(1) The purpose of the Act is, in accordance with the law of the European Community1) to achieve a high level of environmental protection as a whole (2) by applying integrated pollution prevention and control arising from the activities listed in Annex 1 to that Act and by establishing and operating an integrated register of environmental pollution."

2. At the end of footnote 1 to the separate line, the sentence "Directive 2003 / 35 / EC of the European Parliament and of the Council of 26 May 2003 on public participation in the preparation of certain plans and programmes relating to the environment and amending Council Directives 85 / 337 / EEC and 96 / 61 / EC on public participation and access to justice is added."

3. in Article 2 (a):

"(a) the establishment of a stationary technical unit in which one or more of the industrial activities listed in Annex 1 to this Act are carried out and any other directly linked activities which are technically related to the industrial activities listed in Annex 1 to this Act taking place at the site concerned and could affect emissions and pollution, not involving a stationary technical unit used for research, development and testing of new products and processes; a stationary technical unit not listed in Annex 1 to this Act shall also be considered as an installation if the operator of the installation requests an integrated permit for it; ';

4. In Article 2 (c), the words "direct or indirect 'are inserted after the words" emissions'.

5. in Article 2 (d):

"(d) the emission limit of maximum permissible emissions of pollutants expressed in quantities, concentrations, mass flow or other specific quantities which shall not be exceeded during one or more time periods; emission limits may also be established for certain groups, species or categories of substances, in particular those listed in Annex 2 to this Act, ';

6. in Article 2 (e):

"(e) the transport of pollutants in waste or waste destined for disposal or recovery outside the boundaries of the establishment and of pollutants in waste waters intended for cleaning outside the establishment,"

7. in Article 2 (f):

"(f) by the best available techniques, the most effective and advanced stage in the development of technologies and activities and methods of operation which demonstrate the practical suitability of certain techniques proposed for prevention and, where this is not possible, to limit emissions and their environmental impacts;

1. techniques mean both the technology used and the way in which the equipment is designed, constructed, operated, maintained and disabled;

2. available techniques are techniques developed on a scale that allows the industry to be introduced in the relevant industry under economically and technically acceptable conditions, taking into account costs and benefits, where operators are available under reasonable conditions regardless of whether they are used or produced in the Czech Republic,

3. best is the most effective technique in terms of achieving a high level of environmental protection;

in determining the best available technology, account shall be taken of the aspects listed in Annex 3 to this Act, ';

8. In Article 2 (j), the words "in service 'are inserted after the words" by amendment'.

9. in § 2 (k):

"(k) the operator of the establishment is a legal person or natural person who operates or will operate the establishment;"

10. in Article 2 (l):

"(l) a user-registered substance is a legal person or natural person operating a stationary technical or technological unit from which a substance registered in an integrated pollution register is produced in emissions or transfers.";

11. in Article 2, at the end of point (l), the dot is replaced by a comma and the following point (m) is added, including footnote 7a:

"(m) a substantial change in the operation of the equipment7a) a change in the operation of equipment which may have significant adverse effects on humans or the environment at the discretion of the administration responsible locally for issuing an integrated permit (hereinafter referred to as the Authority); the change in the operation of the installation or the extension of the operation of the installation is always considered to be essential when the change or extension itself exceeds the thresholds set out in Annex 1 to this law.

7a) Directive 2003 / 35 / EC of the European Parliament and of the Council of 26 May 2003 on public participation in the preparation of certain plans and programmes relating to the environment and amending Council Directives 85 / 337 / EEC and 96 / 61 / EC on public participation and access to justice. '

12. In Title II, the word "DECISIONS 'is replaced by" PERFORMANCE'.

13.

„§ 3

Application for an integrated authorisation

(1) An application for an integrated authorisation ("the application") is submitted to the Authority by the operator of the installation

(a) in electronic form; or

(b) paper and electronic.

The procedure for issuing an integrated authorisation shall be initiated on the date on which the application was received to the Office, in the case of the submission referred to in point (b), the date on which the application was received to the Office in paper form.

(2) In the case of submissions referred to in paragraph 1 (a), the Office may, in justified cases, in particular for technical reasons, request supporting documents in paper form. Such a request shall be communicated to the applicant within 20 days of the date of receipt of the request with a reasonable time and justification. The procedure for the issue of an integrated authorisation shall be suspended for the duration of this requirement.

(3) In the case of submissions referred to in paragraph 1 (b), the Office may, in justified cases, in particular for technical and economic reasons, waive the electronic form of map, image or graphic documents contained in the application.

(4) The Office shall verify, within 20 days of the date of receipt of the request, whether the application contains all the required particulars (Section 4). If the Authority does not invite the operator of the installation to complete the application within that period, the application shall contain all the required particulars. The Office may invite the operator of the installation to complete copies of the application in paper form or in electronic form on electronic means of data according to the number of parties to the proceedings and the administrative offices concerned.

(5) If, during the procedure, the Authority concludes that it is not possible to continue the procedure without further completion of the supporting documents, it shall invite the operator of the installation to supplement the supporting documents to which all parties must be informed. The Authority shall, in agreement with the operator of the installation, set a reasonable time limit for this addition. During the completion of the supporting documents, the integrated authorisation procedure shall be suspended.

(6) If the application or the supporting documents are not completed within the time limits, the Authority shall suspend the procedure for issuing the integrated authorisation. ';

14. in Paragraph 4 (1) (b), the words "permanent residence" are replaced by the words "address of the place of permanent residence or, where appropriate, the address for service."

15. in Article 4 (1) (d), "and (e) to (l)" is replaced by "(e) to (l) and (p)";

16. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following point (p) is added:

"(p) an overview of any major variants of the technology verified by the operator of the installation (7a).";

17. in Article 5, the last sentence is deleted;

18. in Article 6 (1), the words "or natural persons" shall be inserted after the words "legal persons."

19. in Paragraph 6 (2), the words "or natural person" shall be inserted after the words "legal person."

20. in Paragraph 6 (3) of the introductory part of the provision, the words "or natural persons" shall be inserted after the words "legal persons."

21. In Paragraph 6 (3), the words "if it is a legal person or professional practice in the field, corresponding to higher education, knowledge and competence, if it is a natural person," shall be added at the end of the text in point (c).

22. in Article 6 (5), the words "if it is a legal person, or dies or is declared dead, if it is a natural person, shall be added at the end of the text of point (a)."

23. In Article 6, paragraphs 6 to 8 are added:

"(6) A legal person may also provide the professional statements referred to in Article 11 on a temporary basis within the territory of the Czech Republic if he proves that:

(a) has been established under the law of another Member State of the European Union and has its registered office, central administration or principal place of business in the territory of another Member State of the European Union; and

(b) holds an authorisation to pursue an activity for which a competent person is entrusted under this law under the legislation of another Member State of the European Union.

(7) A natural person who is established in another Member State of the European Union may temporarily provide the professional observations referred to in Article 11, provided that he proves that:

(a) is a national of a Member State of the European Union; and

(b) holds an authorisation to pursue an activity for which a competent person is entrusted under this law under the legislation of another Member State of the European Union.

(8) Evidence of compliance with the conditions laid down in paragraph 6 (a) and (b) or paragraph 7 (a) and (b) must be provided to the Ministry of the Environment before the start of the activity referred to in paragraph 11. Paragraph 4 shall apply mutatis mutandis to the activities of such persons. ';

24. in Article 7 (1) (d), "30" is replaced by "8" and the words "brief summary" are inserted after the word "publication."

25. In Article 8 of the title, the word "Transmission" is replaced by "Transmission."

26. in Article 8 (1), the words "receipt of an application containing all the required particulars and, within the same period, from the date of completion of the incomplete application by all the prescribed particulars," shall be replaced by the words "when the application finds it complete, it shall be sent."

27. in Article 8 (1), point (c) is deleted;

Point (d) shall be renumbered (c).

28. in Paragraph 8 (3), the words "in cooperation with the Ministry of Foreign Affairs" shall be deleted;

29. in Article 9 (2), the word "sent" is replaced by the word "sent."

30. Paragraph 9 (4) is deleted.

Paragraph 5 shall become paragraph 4.

31. in Article 9 (4), the words "paragraph 1" shall be deleted;

32. In Section 10, the words "in cooperation with the Ministry of Foreign Affairs and 'are deleted.

33. Article 11, including the title, reads:

„§ 11

Expression of the competent person

(1) The Authority may request the processing of expert opinions on the application of the best available techniques or on the whole application to examine the application. Professional expression may be processed only by the competent person referred to in Article 6. The Office shall inform the parties thereof without delay.

(2) The competent person shall send the expert observations to the Office no later than 45 days from the date on which the request was received.

(3) The Office shall publish the statement of the competent person immediately upon receipt of the opinion for 30 days on its official record and on the public service portal (11). "

Article 34 (12), including the title:

„§ 12

Oral hearing of the application

(1) The Office may, within 5 days of the expiry of the period referred to in Article 9 (1) or (3) or, in the case of the procedure referred to in Article 11 (1), within 5 days of the date of receipt of the expert's observations, order oral proceedings to be heard. The Office may invite, in addition to the parties to the proceedings, a competent person, a Czech environmental inspection (hereinafter referred to as "inspection ') and competent administrative authorities. The Office shall order oral proceedings whenever a party so requests.

(2) A party may request oral proceedings within the time limit for sending observations pursuant to Article 9 (1) and (3) or, in the case of a request for expert observations, within the time limit for sending them to the Office pursuant to Article 11 (2). "

35. in Paragraph 13 (1):

"(1) The Authority shall decide on the application of the operator within 45 days of the expiry of the period referred to in Article 9 (1). Where the Office makes use of the procedure provided for in Article 11, the period for the decision on the application shall run from the date of receipt of the expert opinion. In more complex cases, the appeal authority (competent authority) may, at the request of the Authority, decide to extend this period by 45 days. ';

36. in Article 13 (2), the words "pursuant to Article 12" shall be deleted;

37. in Paragraph 13 (4) (f), the word "conditions" is replaced by the word "measures."

38. In the first sentence of Article 13 (7), the words "and a copy of the application ', the words" and the Ministry of Health' shall be inserted after the first sentence of Article 13 (7), and the words "The appeal or decomposition against the decision on the application shall be sent to the Ministry of Health, which shall address the appeal in terms of public health protection '.

39. In Paragraph 13, the sentence "If the application has been dealt with pursuant to Paragraph 10, the Authority shall inform the State concerned of the decision referred to in paragraph 2 or 3. 'shall be added at the end of paragraph 8.

40. in Paragraph 13 (9), the word "Region" shall be replaced by "Regional Office."

41. In the second sentence of Paragraph 14 (2), the words' higher level 'are replaced by' larger '.

(42) In Article 16 (1) (b), the words "in service" shall be inserted after the words "amendment."

43. In Article 17, the title above the title of Article 17 is deleted.

44. Paragraph 18, including the title and footnote 13a, reads as follows:

„§ 18

Review of compliance with the mandatory conditions of the integrated authorisation

(1) The Authority shall review at least every 8 years whether circumstances have changed which may lead to a change in the mandatory conditions of the integrated authorisation.

(2) The Authority will always review the binding terms of the integrated authorisation,

(a) consider that there has been a serious breach of the terms of the integrated permit;

(b) if such a change has taken place in the best available techniques, which will allow a significant reduction in emissions without incurring economically unacceptable costs of introducing them;

(c) if it finds that the operational safety of the process or operation of the installation requires other techniques to be used;

(d) if the change in emission limits or environmental quality standards required by other legislation6); or

(e) where environmental pollution resulting from the operation of the installation is so significant that it is significantly above and cannot be approached other than by changing the mandatory operating conditions of the installation.

(3) The Authority may carry out a review of the mandatory conditions of the integrated authorisation following the notification of a change in the operation of the installation.

(4) The examination of the mandatory conditions of the integrated permit shall be carried out by an inspection at the site of operation of the installation or by a review of the supporting documents submitted by the operator.

(5) The Authority shall immediately inform the inspection and the Regional Health Station of the reviews carried out.

(6) The Act on State Control shall apply to the exercise of the review activity, unless otherwise specified in that Act (13a).

13a) Act No. 552 / 1991 Coll., on State Control, as amended. '

45.

„§ 19

(1) On the basis of a review pursuant to Article 18, the Authority shall be empowered to:

(a) require the operator of the installation to take corrective action within a reasonable period of time, the provisions of paragraphs 37 and 38 shall not apply for the period of time for which the measures to be implemented;

(b) to invite the operator of the installation to submit an application for an amendment to the integrated permit in accordance with Article 19a (1) within a reasonable period,

(c) to give the operator of the installation a decision to stop the operation of the installation or part of it.

(2) The Authority will issue a decision to stop the operation of an installation or part thereof if the operator of an installation does not, within the time limit laid down in paragraph 1 (a), implement or submit an application for an amendment to the integrated permit within the time limit laid down in paragraph 1 (b).

(3) In the procedure referred to in paragraphs 1 and 2, the Office may provide that appeals against this Decision shall not have suspensory effect. The decision to cease operation of an installation or part of it shall be without prejudice to the enforceability of the conditions of the integrated permit referred to in Article 13 (4) (b).

(4) Where there is a need to impose corrective measures under specific legislation6), this authorisation shall not be affected by this law. '

46. After Paragraph 19, the following Section 19a is inserted:

„§ 19a

Procedure for amending the integrated authorisation

(1) If, on the basis of the notification of a planned change in the operation of an installation pursuant to Article 16 (1) (b) or of a review pursuant to Article 18 and 19, the Authority concludes that it is a substantial change in the operation of an installation, it shall invite the operator to submit an application to the Authority within the time limit specified by it for the amendment of the integrated permit, which may specify the elements of the application not required. The procedure shall be treated mutatis mutandis in accordance with Sections 3 to 15.

(2) Where the Authority concludes, on the basis of the notification of a planned change in the operation of an installation pursuant to Article 16 (1) (b) or of a review pursuant to Article 18 and 19, that it is not a material change in the operation of the installation but that it is necessary to amend the integrated authorisation, the Authority shall amend the integrated authorisation. The amendment of the integrated authorisation shall be published by the Authority mutatis mutandis in accordance with Article 13 (8). The Office shall send an amendment of the integrated permit to the Ministry of the Environment within 7 days of the acquisition of the legal power of the amendment. ';

47. in Paragraph 22 (1), the words "quantity produced or used or" shall be deleted;

48. In Paragraph 22 (2), the words "and the operator of the installation shall also be deleted from the monitoring results of the integrated authorisation '.

49.Paragraph 24 (2) reads as follows:

"(2) The Government may, by regulation, provide for the reporting and management of an integrated pollution register as well as other environmental registers to ensure the unity of the environmental information system. ';

50. In Paragraph 27 (2), the words "the Czech Environmental Inspection Office (the inspection)" shall be replaced by the words "inspection" and the words "county" shall be replaced by the words "regional authorities."

51. in Paragraph 28 (e):

"(e) regional authorities,"

52. In Paragraph 28 (g), including footnote 19, read:

"(g) Regional Sanitary Station19).

19) § 82 of Act No. 258 / 2000 Coll. '.

53. In Paragraph 29 (c), the word "county 'is replaced by the words" regional authority'.

54.

"(e) carry out a review of compliance with the mandatory conditions of an integrated permit for an installation whose operation may significantly adversely affect the environment of the State concerned;"

55. In Article 29, the words "and, at the request of the operator of an installation whose operation may significantly adversely affect the environment of the State concerned, shall be added at the end of the text in point (j), to give him preliminary information on the completeness of the application before it is submitted '.

56. in Article 30 (a) and 31 (a), the word "establishment" is replaced by "activity."

57. Paragraph 33 to 35, including the headings, read:

„§ 33

Regional authorities

Regional Office

(a) decide on an application for an integrated permit, with the exception of an installation whose operation may significantly affect the environment of the State concerned and, at the request of the operator, provide it with prior information on the completeness of the application before it is submitted;

(b) carry out a review of compliance with the mandatory conditions of an integrated permit, except for an integrated permit for an installation whose operation may significantly adversely affect the environment of the State concerned;

(c) decide on administrative delicacies pursuant to § 37 (2) to (4);

(d) invites the operator of the installation to submit an application for an integrated permit pursuant to Paragraph 42;

(e) evaluate the application of the best available techniques and transmit information on their development to the competent administrative authorities;

(f) issue a decision to stop the operation of an installation or part thereof pursuant to Articles 19 (1) (c) and 19 (2);

(g) the administrative authority concerned is in proceedings under this Act in the case of an installation whose operation may significantly adversely affect the environment of the State concerned.

§ 34

Inspections

(a) check that the obligations laid down by this law or by an integrated authorisation are fulfilled;

(b) within the limits of its competence, it shall check the fulfilment of the reporting obligation under Paragraph 22 and the keeping of records of the data necessary for reporting in the integrated pollution register pursuant to Article 25 (1);

(c) restrict or suspend the operation of an installation or part of it in the event of its continuing operation occurring or threatened with serious environmental damage or significant material damage;

(d) decide on administrative delicacies pursuant to Paragraph 37;

(e) evaluate the application of the best available techniques and transmit information on their development to the competent administrative authorities.

§ 35

Regional sanitary stations

Regional Sanitation Station

(a) assess the application in terms of protection of public health;

(b) monitor compliance with the mandatory conditions laid down in the integrated permit which affect the protection of public health;

(c) restrict or suspend the operation of an installation or part of it if its continued operation would result in or threaten to cause serious damage to human health;

(d) decide on administrative delicacies pursuant to § 37 (2) to (4). "

Paragraph 36 reads:

„§ 36

The Office or the inspection may impose an order fine on the operator of the establishment up to CZK 100 000 if he does not comply with the obligation under Paragraph 16 (1) (c) by not allowing inspectors to inspect, authorised by the employees of the Regional Office or the Ministry of the Environment to enter the property concerned, take samples or in any other similar way provide assistance during the review. The order fee may also be repeated. The total of such ordered fines may not exceed CZK 1 000 000. The income from the fine is the income of the state budget. '

59. Paragraph 37 and 38, including the headings and footnotes 21a, read:

"ADMINISTRATIVE DEBTS

§ 37

Administrative offences of legal and business natural persons

Citation	Act No. 222 / 2006 Coll., amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Laws (Integrated Prevention Act), as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	26.05.2006
Effective from	01.06.2006
Effective until	-
Status	Valid

Act No 222 / 2006 Coll.

Act amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act), as amended, and certain other laws

Contents