Act No. 326 / 2017 Coll.
Act amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended
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Effective from 01.11.2017
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01.11.2017
06.10.2017
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326
THE LAW
of 5 September 2017
amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related laws (Act on Environmental Impact Assessment), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., Act No. 163 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 216 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 436 / 2009 Coll., Act No. 268 / 2015 Coll., Act No. 256 / 2016 Coll., Act No. 85 / 2012 Coll., Act No. 167 / 2012 Coll., Act No. 350 / 2012 Coll., Act No. 39 / 2015 Coll., Act No. 268 / 2015 Coll., Act No. 256 / 2016 Coll., Act No. 298 / 2016 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "European Community1) 'are replaced by the words" European Union1)' and the word "authorities' is replaced by the word" institutions'.
Footnote 1:
"(1) Directive 2001 / 42 / EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. Directive 2011 / 92 / EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the environmental effects of certain public and private projects. Directive 2014 / 52 / EU of the European Parliament and of the Council of 16 April 2014 amending Council Directive 2011 / 92 / EU on the assessment of the effects of certain public and private projects on the environment. '
2. in Article 1 (3), the word "Regulations, 1a 'is replaced by the word" Regulations,' and the second sentence is deleted;
footnote 1a is deleted, including the footnote references.
3. In Article 2, the words "biodiversity," the words "rock environment," shall be deleted, the word "monuments" shall be replaced by the word "heritage," and at the end the words "biodiversity effects shall be assessed with particular regard to European species, birds and European habitats."
footnotes 2 and 15 are as follows:
"2) For example Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, Act No. 20 / 1987 Coll., on State Heritage Care, as amended, Act No. 17 / 1992 Coll., on the Environment, as amended, Act No. 114 / 1992 Coll., on the Protection of Nature and Landscape, as amended, Act No. 289 / 1995 Coll., on the Protection of the Air and on the Amendment to Certain Laws (Forest Act), as amended, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws, as amended, and Act No. 201 / 1995 Coll., on the Protection of the Water and on the Amendment of Certain Laws (Water Act), as amended, Act No. 185 / 2001 Coll.
15) § 3 (1) (o) and (p) and § 5a (1) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. '
4. in Article 3 (a):
"(a) the intention:
1. the construction, installation, activities and technology listed in Annex 1 to this Act;
2. structures, equipment, activities and technologies which, according to the opinion of the nature conservation authority issued under the Nature and Landscape Conservation Act, may, individually or in conjunction with others, have a significant influence on the subject of protection or integrity of a European site or bird area, '.
5. In Article 3 (b), the words "including those co-financed by European Union funds' shall be inserted after the words" plans or programmes'.
6. in Article 3 (e), the words "administrative office" shall be replaced by the words "administrative authority."
7. in § 3 (g):
"(g) follow-up proceedings resulting from the project or its amendment which are subject to an environmental impact assessment, where:
1. territorial management,
2. the construction procedure;
3. Common zoning and construction procedures,
4. repeated construction procedures;
5. an additional permit procedure for construction,
6. the procedure for authorising mining activities;
7. the procedure for establishing the control area,
8. the procedure for authorising a mining activity;
9. Procedure for the authorisation of the handling of surface and groundwater;
10. the procedure for the issue of an integrated authorisation,
11. the procedure for authorising the operation of a stationary source;
12. the procedure for giving consent to operate a recovery, disposal, collection or redemption facility;
13. the procedure in which the decision necessary for the execution of the project is taken, if none of the proceedings referred to in points 1 to 12 are conducted, and
14. the procedure for amending the decision given in the proceedings referred to in points 1 to 13 to the previously unauthorised project or part of it or stage, if the conditions of the decision taken from the opinion are to be amended; ';
8. In Article 3, at the end of point (j), the dot is replaced by a comma and the following points (k) to (n) are added:
"(k) the notifier who intends to implement the intention,
(l) an assessment of the environmental effects of the project, consisting of the preparation and discussion of documentation, the preparation of the opinion, the issue of the opinion and its inclusion in the relevant decision given in the follow-up procedure;
(m) the authorised intention, or part or stage of the project, or part or stage thereof, for which decisions have been taken in subsequent proceedings under points (g) (1) to (13) required by specific legislation;
(n) a sub-limited purpose of the intention referred to in Annex 1 to this Law of Category II which does not reach the relevant limit value, if stated. "
9. in Article 4 (1) (a) to (c) and (f), the word "assessment" shall be replaced by the words "environmental impact assessment."
10. in Article 4 (1) (d):
"(d) under-limit projects which reach at least 25% of the relevant limit value are located in a specially protected territory or its protection zone under the Nature and Landscape Conservation Act and the competent authority shall provide that they shall be subject to investigation procedures; Such projects shall be subject to an environmental impact assessment where provided for in the survey procedure. ';
11. in Article 4 (1), the following point (e) is inserted after point (d):
"(e) changes in sub-limit projects which have a capacity or range of at least 25% of the relevant limit value, resulting in the sub-limit project simultaneously fulfilling the relevant limit value or criteria referred to in point (d), and the competent authority shall provide that they are subject to a survey procedure; such changes to projects shall be subject to an environmental impact assessment where provided for in the survey procedure; ';
Points (e) to (f) shall be renumbered as points (f) to (g).
12. in Article 4 (1) (f):
"(f) the projects referred to in Article 3 (a) (2); these projects shall be subject to an assessment of the environmental effects of the project, where provided for in the survey procedure;"
13. in Article 4 (1) (g), "§ 9a (4)" is replaced by "§ 9a (6)."
14. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:
"(h) the part or stage of the project referred to in Article 9a (5); those parts or stages of the project shall be subject to an assessment of the environmental effects of the project, where provided for in the survey procedure. ';
15. in Paragraph 4 (2):
"(2) The Government may decide that an assessment under this Act is not the subject of an intention, or part thereof, which is intended solely for defence purposes or for immediate deterrence or mitigation of the consequences of an incident which could seriously jeopardise the health, safety, property of the population or the environment if the assessment could adversely affect those purposes. ';
footnote 3 is deleted.
16. In Article 4, paragraphs 3 and 4 are added:
"(3) In addition, the Government may decide, in an exceptional case, that an assessment under this Act is not the subject of an intention for which the public interest in its implementation significantly outweighs the public interest in the protection of the environment and public health, unless, in view of the circumstances, the assessment of the project can be carried out without adversely affecting the purpose of the project. The proposal for the procedure according to the first sentence always includes the expression of the Ministry of Environment (hereinafter referred to as the Ministry). In the case of a project excluded under the sentence of the first government
(a) may provide for another form of assessment;
(b) ensure that information on the exclusion referred to in the first sentence, its reasons and the outcome of the assessment referred to in (a) is published; and
(c) inform the European Commission of the grounds for exclusion in accordance with the first sentence and provide it with the information published in accordance with point (b) prior to the decision authorising the location or execution of the project.
(4) If the Government decides, pursuant to paragraph 3, that the project is not subject to assessment, paragraphs 11 to 13 shall apply mutatis mutandis. For projects referred to in Article 4 (1) (f), the notifier shall ensure the processing of an assessment by a person holding a specific authorisation. The conclusions of this assessment shall be included in the decision by the authority responsible for approving the project; Paragraph 45i (8) to (11) of the Nature and Landscape Conservation Act shall apply mutatis mutandis. ';
17. in Article 5 (1), the word "significant" shall be inserted after the words "direct and indirect."
18. in Paragraph 5 (2), the first sentence is deleted;
19. In Paragraph 5 (3), the word "possible" shall be inserted after the words "both possible" and the second sentence shall be replaced by the sentence "The effects relating to the normal operation of the project and those resulting from the vulnerability of the project to the serious accidents or disasters relevant to the project shall be considered."
footnote 4 is deleted.
20. in Article 5 (4), the word "unfavourable" shall be replaced by the words "potential significant negative" and the words "and the draft measures to monitor potential significant negative effects on the environment, unless otherwise required by other legislation" shall be added.
21. in Paragraph 6 (1), the words "He who intends to implement the project (hereinafter referred to as the notifier)" shall be replaced by the words "the notifier," and the words "the second and third sentences" shall be deleted;
22. in Article 6 (2), the words "or its amendment pursuant to Article 4 (1) (d) or (e)" shall be inserted after the words "under-limit" and the words "in writing" shall be replaced by "in paper form."
23. in Article 6 (3), the words "to the principles" shall be replaced by "to the criteria."
24. in Article 6 (4), the word "in writing" shall be replaced by "in paper form," the text "and (e)" shall be replaced by "f) and (g)," after "Annex 3 to this Act" the words "the notification shall be processed taking into account the current state of knowledge and assessment methods, the possible results of other environmental assessments under specific legislation and, where appropriate, the criteria for the detection procedure set out in Annex 2 to this Act" and the words "subject to an assessment under Annex 1 to this Act," shall be replaced by "pursuant to Article 4 (1) (a)."
25. Paragraph 6 (7) reads:
"(7) Where the notification complies with the requirements set out in paragraphs 4 and 6, the competent authority shall publish it in accordance with Article 16 within 7 working days of the date of receipt. The competent authority shall, within the same time limit, send a notification and, where appropriate, information of the notification requesting comments to the authorities concerned and to the local authorities concerned. ';
26. in Paragraph 6 (8), the words "administrative offices" shall be replaced by the words "authorities," the number "20" shall be replaced by the words "30" and the words "need not be taken into account" shall be replaced by the words "do not take into account."
27. in Article 7 (2), first sentence, the words "(f)" shall be replaced by "h)," the words "significantly affect the subject matter of protection or integrity," the words "whether to be assessed" shall be replaced by the words "thus subject to an environmental impact assessment," and the sentence "subject to an environmental impact assessment under this law," the words "whether to be assessed" shall also be replaced by the words "subject to an environmental impact assessment" and the second sentence shall be replaced by the words "subject to an environmental impact assessment under this law."
28. In Article 7 (3), "principles' is replaced by" criteria 'and "administrative offices' is replaced by" institutions'.
29. in Article 7 (4), the second sentence shall be replaced by the sentence "The conclusion of the investigation procedure shall be sent without delay by the competent authority to the notifier, the local authorities concerned and the authorities concerned and published in accordance with Article 16."
30. in Article 7 (5), the words "to be assessed" shall be replaced by the words "subject to an environmental impact assessment" and the word "principles" shall be replaced by "criteria."
31. in Article 7 (6), the words "or its amendment shall not be assessed" shall be replaced by the words "under paragraph 2 is not subject to an environmental impact assessment" and the word "principles" shall be replaced by the word "criteria."
32. in Article 7 (7) and (8):
"(7) In the case of projects which, according to the opinion of the nature conservation authority issued under the Nature and Landscape Conservation Act, may, individually or in conjunction with others, have a significant impact on the subject of protection or integrity of a European site or bird area, the competent authority may, in a reasoned written conclusion, require that the assessment processed by a person holding a special authorisation14 be included in the dossier, in particular taking into account the content of the observations received and, where appropriate, the content of the assessment processed by a person holding a special authorisation.
(8) If the project has been submitted in variants, the outcome of the environmental evaluation of the individual variants is included in the conclusion of the survey procedure and their ranking. The competent authority may, in a reasoned written conclusion, propose the processing of variants of the design solution which, as a general rule, differ in location, capacity, technology used or the moment of implementation, if their implementation is effective and technically possible. ';
33.Paragraph 8 (1) reads as follows:
"(1) Where the procedure referred to in Article 6 (5) is not followed, the notifier shall, on the basis of the notification, provide observations on the notification referred to in Article 6 (8) and the reasoned written conclusion referred to in Article 7 (5), by a person authorised to do so pursuant to Article 19, in paper form, in the number of copies provided for in the agreement with the competent authority and in electronic form. The documentation requirements are set out in Annex 4 to this Act; the documentation shall be processed taking into account the current state of knowledge and assessment methods and the possible results of other environmental assessments in accordance with the relevant legislation. ';
34. in Article 8 (2), the words "to be sent for comments to the administrative authorities concerned and to the local authorities concerned and to ensure that information on the documentation referred to in Article 16 is published on the Internet and at least the text part of the dossier" shall be replaced by the words "to be published in accordance with Article 16 and, where appropriate, the dossier, shall be sent with a request for comments to the authorities concerned and to the local authorities concerned."
35. in Paragraph 8 (3), the words "administrative offices" shall be replaced by the words "authorities" and the words "the Office need not be taken into account" shall be replaced by "the competent authority shall not take into account."
36. in Paragraph 8 (4):
"(4) Upon expiry of the period referred to in paragraph 3, the competent authority shall forward the observations received to the processor without delay. ';
37. In Article 8, the words "the information on the return of the dossier shall be published in accordance with Article 16 at the end of the text of paragraph 5. If the completed or revised dossier is not submitted within 3 years of the date of return of the dossier in accordance with the first sentence, the competent authority shall terminate the assessment '.
38. in Paragraph 8 (6), the sentences of the second and third paragraphs are deleted;
(39) In Paragraph 9 (2), the word "this" shall be deleted and the words "or, where appropriate, the notification and any comments made thereon" shall be replaced by the words "and the observations made thereon, taking into account the conclusions of the public consultation referred to in Article 17, if any."
(40) In Article 9 (3), the words "Time for processing the report" shall be replaced by the words "The competent authority shall fix the assessment period for the submission of the opinion, which" This period may be "shall be replaced by" This period may, "the word" exceeded "shall be replaced by" The competent authority shall, at the request of the processor, extend the assessment, "and the number" 30 "shall be replaced by" 20. "
41. Paragraph 9 shall be added at the end of the text of paragraph 7 "and shall provide for a reasonable period within which the opinion shall be submitted which shall not exceed 30 days; notify the notifier at the same time of this procedure '.
42.Paragraph 9 (8) reads:
"(8) If the opinion is not submitted within the time limit set in Article 9 (3) or (7), the competent authority shall invite the processor to provide evidence within an additional period of 15 days. If the opinion is not submitted even after the expiry of the additional period, the competent authority shall reduce the remuneration for financial penalties in accordance with the first sentence of Paragraph 18 (3). ';
43.Paragraph 9 (9) and (10) are deleted.
44. in Article 9a (1), the words "the documentation and, where appropriate, the notification, the opinion and the public consultation referred to in Article 17 and the comments made thereon" shall be replaced by the words "the documentation, the observations submitted, the public consultation and the opinion," and the words "the expiry of the period for the observations to be made on them" shall be replaced by "the receipt."
45. in Article 9a (2), the word "authorities" shall be replaced by "authorities" and the words "ensure its publication" shall be replaced by the words "publish it together with the opinion."
46. in Paragraph 9a (3):
"(3) The opinion shall form the basis for the decision in subsequent proceedings. The opinion shall be submitted by the notifier in the application as one of the supporting documents for the follow-up procedure. The opinion shall be valid at the time of the decision in subsequent proceedings at first instance. ';
47. In Paragraph 9a, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The validity of the opinion shall be 7 years from the date of its issue. The competent authority shall, at the request of the notifier, extend the validity of the opinion by 5 years, even repeatedly, unless the conditions in the territory concerned or the knowledge and assessment methods have changed and the intention could have significant environmental effects not yet been assessed. An application for an extension of an opinion shall be submitted before its expiry; the opinion shall not expire until the request has been completed. The request for an extension of the opinion shall include a background containing a description of the current state of the territory concerned, including a summary of the changes compared to that at the time of the opinion. Where a decision is annulled in the subsequent proceedings at first instance in accordance with the third sentence of paragraph 3, the opinion shall be deemed not to expire more than 60 days after the date on which the decision was annulled.
(5) If the opinion cannot be extended due to changes in the second sentence of paragraph 4 which relate only to a part or phase of the project, that part or stage shall be the subject of an assessment under Paragraph 4 (1) (h). The notifier shall submit the notification referred to in Article 6 within a time limit set by the competent authority for such part or phase of the project. Where a decision is taken pursuant to Article 7 (6), the competent authority shall extend the opinion. Where the notifier does not submit a notification within the time limit laid down or where a reasoned written conclusion is delivered pursuant to Article 7 (5), the competent authority shall only extend the validity of the opinion in part to the extent that it is not affected by the amendment in accordance with the first sentence. ';
Paragraphs 4 and 5 shall become paragraphs 6 and 7.
48. In Article 9a (6), the first sentence is replaced by the following: "At the earliest 90 days before the request to initiate the follow-up procedure, but at the latest on the date of the request to initiate the follow-up procedure, the notifier shall submit to the competent authority which issued the opinion, the documentation for the relevant follow-up procedure, including a full description of any changes to the project on which the opinion was given, to the extent of the part or stage of the project which is the subject of the follow-up procedure. ', the text" (f)' shall be replaced by "g) 'and the words" the binding opinion shall not be published. The competent authority may issue an unsatisfactory binding opinion also if the documentation referred to in the first sentence has not been transmitted in time or if the description of any changes is incomplete' shall be replaced by the words "to issue an agreed binding opinion. In this binding opinion, the competent authority shall, taking into account the supporting documents referred to in paragraph 1, determine which of the conditions of the opinion are impracticable as a result of other changes in the project, where appropriate in conjunction with the competent authorities concerned. Where the documents referred to in the first sentence have not been transmitted within the time limit laid down, they shall be deemed not to have been transmitted. '
49. Paragraph 9a (7) is deleted.
50. in Article 9c (3) (a), the words "the municipality concerned by the intention" shall be replaced by the words "the local authority concerned."
51. in Article 10a (1) (a), the words' concepts for which the need for their assessment, taking into account the potential environmental impact, results from specific legislation and concepts co-financed by the Funds of the European Communities; Such concepts shall be subject to assessment whenever the territory concerned consists of a territorial district of more than one municipality 'replaced by' concepts for which, according to the opinion of the Nature Protection Authority, a significant impact on the subject of protection or integrity of a European major site or bird area under the Nature and Landscape Conservation Act cannot be excluded; These concepts are always subject to assessment '.
52. in Article 10a (1) (b), the words "only one municipality" shall be replaced by the words "one or more municipalities which provide for the use of local territory."
53. In Paragraph 10a, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) A framework for the future authorisation of projects listed in Annex 1 to this Act shall be provided whenever the concept lays down conditions for their authorisation, in particular as regards location, nature, size, operating conditions or requirements for natural resources.
(3) Assessment of the environmental effects of the project does not replace the environmental impact assessment. Data obtained in the assessment of the environmental effects of the project, where appropriate in the assessment of the impact of the project on the subject-matter and the integrity of the European site or bird area and the state of their protection may be used in the assessment of the environmental effects of the concept. ';
Paragraph 2 shall become paragraph 4.
54. In Article 10c (1), the words "the one who" shall be inserted after the words "the processing of the concept or" and the words "the processing of the concept" shall be replaced by "the processing of the concept."
55. in Paragraph 10c (2):
"(2) Where the notification of a concept complies with the requirements referred to in paragraph 1, the competent authority shall, within 10 days of its receipt, send information to the authorities concerned, the regions concerned and, where appropriate, to the municipalities concerned designated by the competent authority in the light of the expected local environmental effects of the concept, on the receipt of the notification of the concept, together with an indication of the opportunity to comment on the notification of the concept. It shall publish the notice referred to in Article 16 within the same time limit. ';
56. in Article 10d (1), the words "concept or change of concept" shall be replaced by the words "implementation of the concept or its amendment may have a significant impact on the environment and whether."
57. in Article 10d (2), the word "justified" shall be inserted after the words "notification of the concept."
58. Paragraph 10d (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
59. In Articles 10d (5) and 10g (3), the words "to the administrative authorities and to the local authorities concerned" shall be replaced by the words "to the authorities and regions concerned and, where appropriate, to the municipalities concerned designated by the competent authority under Article 10c (2),";
60. in Article 10e (1), the words "within 30 days of the date of receipt of the conclusion of the investigation procedure" shall be deleted and the words "inform thereof" shall be inserted after the words "at the latest with the transmission of the draft concept referred to in Article 10f (1)."
61. in Article 10e (4), the words "administrative offices" are replaced by the words "authorities."
62. In Paragraph 10e, the following paragraph 5 is added:
"(5) The promoter shall cooperate with the assessor in processing the design of the concept in order to take into account, in the concept of the assessor, the recommended measures to prevent, reduce or compensate for the negative effects of the concept on the environment and public health. ';
63.In Paragraph 10f (2):
"(2) Where the evaluation contains the elements set out in Annex 9 to this Act, the competent authority shall, within 10 days of the date on which the draft concept was delivered to it, to the authorities concerned, to the regions concerned and, where appropriate, to the municipalities concerned designated by the competent authority pursuant to Section 10c (2), send information on the adoption of the draft concept, together with an indication of the opportunity to comment on the draft concept. At the same time, the competent authority may, on the basis of a draft concept and a statement to the public on the notification, provide that it forgoes public consultation. Within the same period, the draft concept will be published in accordance with Section 16. If the evaluation does not contain the particulars set out in Annex 9 to this Act, it shall be returned by the competent authority to be completed within the same time limit. ';
64. in Article 10f (3), the words "on the Internet and at least one more in the territory concerned in the usual manner (for example in the press, etc.)" shall be deleted;
65. In Article 10f (4), the sentence "Public consultation is provided by the petitioner" shall be inserted after the first sentence and at the end of the paragraph the sentence "Public discussion of the draft concept shall not be subject to Article 17."
66.Paragraph 10f (6) reads:
"(6) Where the competent authority forgoes public consultation in accordance with the procedure referred to in paragraph 2, each person may send his or her written observations on the draft concept to the competent authority within 20 days of the date of its publication. The comments sent after the deadline shall not be taken into account by the competent authority. ';
67.In Paragraph 10f, paragraphs 7 and 8 are added:
"(7) The competent authority shall forward the observations received to the petitioner immediately after the expiry of the period referred to in paragraph 5 or 6.
(8) The promoter, in cooperation with the assessor, shall ensure that all observations on the draft concept are settled. The revised draft concept, including information on how all observations are settled, shall be sent by the petitioner to the competent authority without undue delay. ';
68. In Paragraph 10g (1), the words "modified ', the words" submitted to it and' are replaced by the words "submitted for draft concepts and conclusions', the words" 30 'are replaced by the words "20' and the words" minutes of public discussion of draft concepts' are replaced by the words "modified draft concepts, including information on how to settle observations'.
69. Paragraph 10g (5) reads as follows:
"(5) The applicant shall publish the approved concept, including a declaration, which shall include in particular:
(a) information on how the approved concept took into account the requirements and conditions resulting from the opinion on the concept;
(b) information as to how the State concerned's observations were taken into account in the approved concept, where the concept was subject to an interstate assessment under § 14a;
(c) the justification for the variant selected, where the design of the concept has been developed in variants;
(d) information on public participation in the design and environmental impact assessment process;
(e) information on the measures taken to ensure the monitoring and analysis of the environmental and public health effects of the concept referred to in Section 10h. ';
70. in Paragraph 10g, the following paragraph 6 is added:
"(6) The procuring entity shall inform the competent authority, the authorities concerned, the regions concerned and, where appropriate, the municipalities concerned designated by the competent authority in accordance with Article 10c (2) within 7 working days. ';
71. in Article 10h (1) and (2), the words "administrative offices" shall be replaced by the words "authorities" and the words "serious" shall be replaced by "significant."
72. in Article 10i (1), the text "l)" shall be replaced by "k)," the text "e)" shall be replaced by "d)," the text "10g" shall be deleted and the fourth sentence shall be replaced by "Paragraph 10g shall apply mutatis mutandis."
73.In Article 10i (2), the words "the delegated authority" shall be inserted after the words "the Ministry or Authority of the Region."
Article 74 (10j) is deleted;
75. in Article 11 (1) (a) and (b), the words "listed in Annex 1, the intention referred to in Article 4 (1) (d) and (e)" shall be replaced by the words "pursuant to Article 4 (1)."
76. In Paragraph 11 (3), the text "B 'is replaced by" SAO without delay'.
77.Paragraph 13 (1) reads as follows:
"(1) In the case of an intention pursuant to Article 11 (1) (a) or where the State concerned has requested an assessment of the intention pursuant to Article 11 (1) (b), the notification shall also be submitted in the official language of the State concerned to the extent specified by the Ministry. The notification, including the translation, shall be sent by the Ministry within 7 working days of its receipt to the State concerned with a request for comments, together with details of the conduct of the assessment, including an indication of the competent authority which ensures the inter-state assessment of the project and information on decisions that may be taken in subsequent proceedings. ';
78. In Paragraph 13 (2), the words "which are always drawn up in the case of interstate assessment 'are deleted.
79. In Paragraph 13 (3), the first sentence is replaced by the following: "Documentation shall also be submitted in the official language of the State concerned to the extent specified by the Ministry. The documentation, including the translation, shall be sent by the Ministry within 10 working days of its receipt to the State concerned with a request for observations and shall offer him a preliminary hearing, in particular if the documentation is processed in variants, including the communication of measures to mitigate serious effects beyond national borders (hereinafter referred to as" consultations'). '
80. Paragraph 14 (1) reads as follows:
"(1) If the Ministry receives notification of the intention or otherwise becomes aware of the intention to be implemented in the territory of the State of origin, it shall publish it without delay in accordance with Paragraph 16, and shall, where appropriate, forward it to the authorities concerned and to the local authorities concerned with a request for comments. ';
81. In Paragraph 14 (2), the words "authorised" shall be replaced by the words "authorities concerned and the territorial authorities concerned shall be entitled," the number "15" shall be replaced by "30," the number "30" shall be replaced by "10" and the words "publication of information on the notification referred to in paragraph 1" shall be replaced by "expiry of the period referred to in the first sentence."
Article 14 (4) reads as follows:
"(4) If the Ministry receives the project documentation and any offer for consultation from the State of origin, it shall send such documentation, or any information on it, with a request for comments to the administrative authorities and the local authorities concerned and shall publish it in accordance with Article 16. ';
83. In Article 14 (5), the words "authorised 'are replaced by the words" the authorities concerned and the local authorities concerned are entitled', the number "15 'is replaced by" 30', the number "30 'is replaced by" 10' and the words "the publication of information on the dossier referred to in paragraph 4 'are replaced by the words" the expiry of the period referred to in the first sentence'.
84. In Paragraph 14a (1), the words "the draft concept shall be sent to the State concerned within 10 days of the date of its receipt" shall be replaced by the words "the draft concept shall also be presented in the official language of the State concerned to the extent specified by the Ministry," and after the first sentence, the sentence "The Ministry shall send the information on the draft concept, including the translation, within 10 working days of the date of receipt of the draft concept to the State concerned, together with an indication of the possibility of expressing itself on the draft concept."
85. in Paragraph 14a (2), the word "sent" shall be deleted;
86. In Article 14b (1), the words "draft concept to the authorities concerned and to the local authorities concerned for their comments" shall be replaced by the words "it shall be replaced by the words" to the authorities concerned, to the regions concerned and, where appropriate, to the municipalities concerned, which the competent authority shall determine in the light of the expected local environmental effects of the concept, together with an indication of the opportunity to comment on the draft concept. "
87. In Article 15, the words "administrative offices' are replaced by the words" authorities', the words "pursuant to § 6 or 'are replaced by the words" documentation', the words "pursuant to § 10c 'are replaced by the words" or evaluation' and the words "administrative offices' are replaced by the words" authorities'.
88. In Article 16 (1) and (2):
"(1) The competent authority shall publish on the Internet:
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Regulation Information
| Citation | Act No. 326 / 2017 Coll., amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.2017 |
|---|---|
| Effective from | 01.11.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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