Decree No. 347 / 2025 Coll.
Ordinance on specific authorisation to carry out assessments or assessments under the Nature and Landscape Conservation Act
Valid
Order
Effective from 01.01.2026
Text versions:
01.01.2026
19.09.2025
347
DECLARATION
of 10 September 2025
on specific authorisation to carry out assessments or assessments under the Nature and Landscape Conservation Act
According to § 79 (5) (m) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 149 / 2023 Coll., for the implementation of § 45j (1) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 284 / 2021 Coll., (hereinafter "the Act '):
Subject matter
This decree regulates
(a) the content and form of the proficiency test (hereinafter referred to as the "test") for carrying out the assessment under Section 45i (2) of the Act and the evaluation under Section 67 of the Act;
(b) the content of the proficiency check provided for in Section 45j (4) of the Act;
(c) the details of the application for the examination for the assessment under § 45i (2) of the Act and the evaluation under § 67 of the Act;
(d) the particulars of the application for specific authorisation to carry out the assessment under § 45i (2) of the Act and the evaluation under § 67 of the Act; and
(e) the details of the application for extension of the specific authorisation to carry out the assessment under Article 45i (2) of the Act and the evaluation under Article 67 of the Act.
Content and form of test
(1) The examination for the purpose of carrying out an assessment under § 45i (2) of the Act or an evaluation under § 67 of the Act consists of a written and oral part.
(2) The written part of the examination shall be carried out in the form of a test and the applicant shall certify the knowledge from the thematic headings referred to in § 3 (1) or § 4 (1).
(3) In the oral part of the examination, the candidate for specific authorisation (hereinafter referred to as "the applicant ') shall be responsible for carrying out the assessment referred to in Article 45i (2) of the Act or for the evaluation referred to in Article 67 of the Law of the Open Issue of Members of the Examination Committee for a deeper examination of the knowledge from the thematic headings referred to in Article 3 (1) or Article 4 (1) and for the interconnections and advocates, on the basis of the award of the Ministry of the Environment (hereinafter referred to as" the Ministry'), the case study provided for in Article 3 (2) or Article 4 (2).
(4) Both parts of the test shall be carried out separately and assessed with a "pass' or" fail 'grade. Successful performance of the written part of the test is a prerequisite for the oral part of the test.
(5) Both parts of the exam are private.
(6) A written record of the conduct of the test shall be taken. The written record shall include an evaluation of both parts of the test; in the case of an evaluation of a part of the "failed 'test, the written record shall also include the justification for that evaluation.
(1) The examination for the purpose of carrying out the assessment under Paragraph 45i (2) of the Act includes verification of knowledge
(a) the Act and its implementing rules, the Act on Environmental Impact Assessment (1) and the related European Union Regulation on Nature Conservation (2) and Environmental Impact Assessment (3);
(b) the processing, content and formalities of the assessment pursuant to Article 45i (2) of the Act (4) and the documents obtained during the environmental impact assessment;
(c) general ecology, ecology and biology of plants and animals, in particular European species and European habitats, which are subject to the protection of European sites and bird areas;
(d) the problems of human activities in plant, animal and natural habitat biotopes, in particular European species and European habitats which are subject to the protection of European sites and bird areas; and
(e) methods of collection, detection, synthesis and interpretation of expert data collected for assessment purposes.
(2) The case study, which the applicant advocates in the oral part of the examination for the purposes of the assessment under Article 45i (2) of the Act, consists of an assessment of the intended fictional or actual intention or concept (hereinafter referred to as the "specified intention or concept ') with the expected significant influence, either individually or in conjunction with other intentions or concepts, on a specific or model European site or bird area in the Czech Republic.
(3) The processing of the case study referred to in paragraph 2 shall include at least:
(a) identification of the European site or bird area likely to be affected by the intended intention or concept and its subject-matter;
(b) the identification and description of the intended effects of the intended project or concept and the justification for the assessment of their relevance in the light of the objectives of the protection of the European site or bird area concerned; and
(c) setting out measures to prevent, eliminate and reduce the expected adverse effects of a given project or concept, where it is possible or useful to establish them.
(1) The examination for the purpose of carrying out the evaluation under Section 67 of the Act includes verification of knowledge
(a) the Act and its implementing provisions and related regulations of the European Union in the field of nature conservation (2);
(b) the processing, content and formalities of the evaluation provided for in Article 67 of the Act (4) and the documents obtained during the environmental impact assessment;
(c) general ecology, landscape ecology, ecology and biology of plants and animals applied in the Czech Republic;
(d) issues of the effects of human activities on the landscape and its natural functions, ecosystems, habitat types, plant and animal conditions, non-living nature and other interests protected under Parts Two, Three and Five of the Act; and
(e) methods of collection, detection, synthesis and interpretation of expert data collected for evaluation purposes.
(2) The case study advocated by the applicant in the oral part of the examination for the purpose of carrying out the evaluation under Section 67 of the Act consists of an assessment of the impact of serious intervention resulting from a fictional or actual intention ("the intervention ') on the interests protected under Parts Two, Three and Five of the Act.
(3) The processing of the case study referred to in paragraph 2 shall include at least:
(a) the identification of the interests protected under Parts Two, Three and Five of the Act that could be affected by the intervention under assessment;
(b) the identification and description of the intended effects of the intervention under assessment and the assessment of its seriousness in the light of the objectives of protecting the protected interests concerned; and
(c) a proposal for measures to eliminate or mitigate the negative effects of the intervention under assessment or replacement measures, where it is possible or appropriate to establish them.
Content of proficiency check
(1) The examination of the applicant's competence to extend a specific authorisation ("the applicant ') to carry out an assessment under § 45i (2) of the Act or an evaluation under § 67 of the Act includes verification
(a) knowledge of the applicant, reflecting the related developments in scientific knowledge and changes in legislation, to an extent similar to that of:
1. Paragraph 3 (1), in the case of specific authorisation to carry out an assessment under Paragraph 45i (2) of the Act; or
2. Paragraph 4 (1), in the case of a specific authorisation to carry out an evaluation pursuant to Article 67 of the Act; and
(b) the ability of the applicant to obtain and make use of the expertise and information on the intentions, concepts or interventions for the purposes of processing the assessment referred to in Article 45i (2) of the Act or the evaluation referred to in Article 67 of the Act, including their synthesis and interpretation.
(2) The examination of professional competence also includes questions of the Examination Panel on the existing practice of the applicant in the field of assessment under § 45i (2) of the Act or evaluation under § 67 of the Act in the period 5 years preceding the date of application for the extension of the specific authorisation to carry out the assessment under § 45i (2) of the Act or evaluation under § 67 of the Act.
(3) If, at the time referred to in paragraph 2, the applicant did not practice in the field of assessment under § 45i (2) of the Act or the evaluation under § 67 of the Act, the defence by the Ministry of Case Studies is part of the proficiency check; Articles 3 (2) and 4 (2) shall apply mutatis mutandis to the content of the case study.
(4) Paragraph 2 (3) to (6) concerning the oral part of the examination shall apply mutatis mutandis to the course of the proficiency check.
Common provisions
(1) The competence of candidates and applicants shall be assessed by a minimum of three members of the Examination Committee in the examination and examination of the competence. The examination committee shall be composed of experts appointed by the Minister for the Environment. The Chairman of the Examination Board shall be appointed by the Ministry.
(2) The panel shall have an odd number of members and shall act by a majority of its members.
(3) A written record of the conduct of the examination or proficiency check shall be signed by all members of the examination committee.
(1) The applicant or applicant shall submit to the examination or proficiency check on the basis of a written invitation from the Ministry. A candidate or applicant who is unable to attend the examination or proficiency check and who will excuse his non-participation in writing shall be set by the Ministry as a substitute for the examination. The applicant or applicant who did not show up for the test or proficiency check without prior written apology failed the test.
(2) A candidate who has been assessed in the examination as having "failed" shall be allowed by the Ministry to repeat it. The applicant may request the re-examination in writing not earlier than 60 days after the date of the unsuccessful examination. Each part of the test may be repeated only once.
(3) In the event that the tenderer has complied with the written part of the examination and has not complied with the oral part of the examination, only the oral part of the examination shall be repeated in the repeated test. The re-oral part of the test may also include an examination of the knowledge of changes to the legislation that occurred during the period since the written part of the test.
(4) If the applicant fails to comply with either the re-examination referred to in paragraph 2 or if the re-examination fails without prior written apology, he may submit a new application for the test at the earliest 1 year after the date of the re-examination.
(5) If the candidate or applicant proves that he or she could not attend the test, repeat test or proficiency check and apologize in advance for serious reasons, the Ministry shall set a replacement test date, repeat examination or proficiency check.
(6) The award of the case study shall reach the applicant or tenderer no later than 40 days before the examination or examination is carried out. The case study shall be submitted by the tenderer or applicant no later than 10 working days before the examination or examination.
Application for a test
The application shall contain:
(a) identification details of the tenderer, the name and, where applicable, the names, surnames, academic title, date and place of birth, identity card number and nationality;
(b) contact details of the applicant, the address of the permanent residence, the delivery address, the e-mail address, the telephone number and the data box identifier;
(c) details of the applicant's educational attainment under Section 45j (2) of the Act, including an officially certified copy of the proof of the required education; and
(d) an overview of the practice carried out in relation to the subject of specific authorisation.
Forms of application for specific authorisation
The application for specific authorisation to carry out an assessment under § 45i (2) of the Act and the evaluation under § 67 of the Act contains:
(a) the identification details of the tenderer, the name and, where applicable, the names, surnames, academic title, date and place of birth, identity card and nationality; and
(b) contact details of the applicant, the address of the place of permanent residence, the delivery address, the e-mail address, the telephone number and the data box identifier.
The application shall be submitted to the Ministry after the examination for which the applicant has been assessed by "passed '.
Forms of application for renewal of specific authorisation
The request for an extension of the specific authorisation to carry out an assessment under § 45i (2) of the Act and the evaluation under § 67 of the Act contains
(a) identification details of the applicant, name, surname, academic title, date and place of birth, identity card and nationality, where applicable;
(b) contact details of the applicant, the address of the place of permanent residence, the delivery address, the e-mail address, the telephone number and the data box identifier;
(c) a list of assessments pursuant to Article 45i (2) of the Act or an evaluation pursuant to Article 67 of the Act processed by the applicant during the period referred to in Article 5 (2) of this Decree; and
(d) all assessments under Section 45i (2) of the Act which were not published in the EIA / SEA information system or all evaluations under Section 67 of the Act processed by the applicant during the period under Section 5 (2) of this Decree.
Transitional provision
Application for an assessment test pursuant to Article 45i (2) of the Act and an evaluation pursuant to Article 67 of the Act, which was submitted before the date of entry into force of this Decree in accordance with Decree No. 468 / 2004 Coll., on authorized persons under the Act on Nature Conservation and Landscape, and on the basis of which, by the date of entry into force of the Act, the examination was not successfully carried out, shall be considered as applications for examination under Section 45i (2) of the Act and evaluations under Section 67 of the Act submitted under this Decree; This does not apply to applications for examination under § 45i (2) of the Act and evaluations under § 67 of the Act submitted earlier than 5 years before the date of entry into force of this Decree, which will cease to be effective on the date of entry into force of this Decree.
Repeal
Decree No. 468 / 2004 Coll., on Authorised Persons under the Nature and Landscape Conservation Act, is repealed.
Efficacy
This Decree shall take effect on 1 January 2026.
Minister:
Mgr.
1) Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as amended.
2) Council Directive 92 / 43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended. Directive 2009 / 147 / EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as amended.
3) Directive 2011 / 92 / EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, as amended. 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.
4) Decree No. 142 / 2018 Coll., on the formalities for assessing the impact of the project and concept on European sites and bird areas and on the requirements for assessing the impact of serious interference on the interests of nature and landscape protection.
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Regulation Information
| Citation | Decree No. 347 / 2025 Coll., on special authorisation to carry out assessments or evaluations under the Act on Nature Conservation and Landscape Protection |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2025 |
|---|---|
| Effective from | 01.01.2026 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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