Act No. 385 / 2005 Coll.
Act amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended
Valid
Law
Effective from 01.10.2005
Text versions:
01.10.2005
385
THE LAW
of 19 August 2005
amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended by Act No. 521 / 2002 Coll., Act No. 92 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 695 / 2004 Coll. and Act No. 180 / 2005 Coll., are amended as follows:
1. In Article 2 (1) (l), the words "odour number," and "or olfactory threshold" are deleted.
2. in Paragraph 2 (1) (n):
"(n) a volatile organic substance (VOC) of any organic compound or mixture of organic compounds, except methane, whose initial boiling point is less than or equal to 250 ° C, at a normal atmospheric pressure of 101,3 kPa, ';
3. in Article 2 (2) (a) and (b), the word "supply" shall be replaced by "indication."
4. In the second sentence of Paragraph 3 (5), the words "the Municipal Office may be a municipality 'shall be replaced by the words" a municipality may be a general binding decree' and the words "paragraph 1 (h) 'shall be replaced by the words" paragraph 3 (a)'.
5. In Paragraph 3 (10), the words "from 1 January 2007 at the latest 'shall be inserted after the words" fuel'.
6. In Article 3, at the end of paragraph 12, the sentence "The conditions and procedure for the purchase and sale of bioethanol by the State tangible reserve management shall be supplemented by the implementing legislation."
7. Paragraph 3 (13) is deleted.
Paragraph 14 shall become paragraph 13.
8. In Paragraph 4 (7), the words "or could be discharged by a common chimney 'are replaced by the words" discharged by a common chimney or this solution is technically feasible'.
9. In Paragraph 4, at the end of paragraph 10, the words "or at the initiative of another air protection authority 'shall be added.
10. in Article 5 (1), the words "or odour substances" and the words "odour number," shall be inserted after the words "their designated group";
11. in Article 5 (6), the words "or odour substances, as the case may be," shall be inserted after the words "pollutants."
12. in Article 6 (6), the first sentence is replaced by the following: "The regions and municipalities in question issue regional and local emission reduction programmes by regulation."
13. in Article 7 (1), (2) and (3):
"(1) An air quality degraded area means a zone or agglomeration area where the value of the limit of imitation for one or more pollutants is exceeded.
(2) The zone is the territory defined by the Ministry for air quality monitoring and management purposes; The agglomeration is a housing group of at least 350 000 inhabitants, defined by the Ministry for Air Quality Monitoring and Management.
(3) In zones or conurbations in whose territory there are no areas of impaired air quality, the air protection authorities shall ensure that concentrations of pollutants are maintained below the values of the limits. ';
14. in Article 7 (4), the word "paragraphs" shall be replaced by the word "paragraphs," the words "and 3" shall be deleted and the sentence "The Ministry shall further publish the list of zones and conurbations at the end of the paragraph."
15. Paragraph 7 (5), (6), (7) and (8), including footnote 9a, read:
"(5) The Ministry shall ensure air quality monitoring in accordance with Article 6 (8) in zones and conurbations in whose territories air quality is impaired.
(6) In zones and conurbations, regional authorities and municipal authorities with a population of more than 350 000 shall draw up programmes to improve air quality for pollutants which, in the previous calendar year, have exceeded the limit and tolerance limit or the limit if the limit of tolerance is not set. The purpose of the programme shall be to meet the limit values within the time limits laid down in the implementing legislation. The scope of the programme is set out in Annex 3 to this Act. The municipal authority may develop a local programme to improve air quality. This programme corresponds to the scope of Annex 3 to this Act.
(7) The regional authorities and municipal authorities with a population above 350 000 will update the programmes at three-year intervals or within 18 months of the end of the calendar year in which the zone or agglomeration has exceeded the limit of imitation and tolerance, or, where the tolerance limit is not set, the limit for the pollutant which is not included in the programme of the zone or agglomeration. At the same time as the update, the Ministry shall inform the Ministry of the state of implementation of the measures proposed by the quality improvement programme and shall send a copy of the updated version of the programme to the Ministry. Information on air quality improvement programmes shall be provided on the official plates of the competent authority, together with a notification where they can be consulted, and the programmes shall be published electronically in a publicly accessible information system.
(8) A programme to improve air quality is part of the programme. The structure of the Programme Supplement corresponds to the Specific Regulation 9a). The Regional and Municipal Authority shall include in the Programme Supplement only its own priority measures and projects or measures and projects resulting from local air quality improvement programmes designated as critical for air quality under the Local Programme.
9a) Article 18 (3) of Council Regulation (EC) No 1260 / 1999 of 21 June 1999 laying down general provisions on the Structural Funds. '
16. in Article 7 (9), the words "and 8" shall be deleted and the words "paragraphs" shall be replaced by the words "paragraphs."
17. Paragraph 7 (10) reads:
"(10) Air quality improvement programmes developed at zone and agglomeration level shall comply with the national programme and local air quality improvement programmes shall comply with the programme developed at the level of the zone or agglomeration concerned. ';
18.Paragraph 7 (11) reads as follows:
"(11) For areas with impaired air quality, regional authorities and municipal authorities with a population of over 350 000 will draw up action plans containing an overview of short-term measures. The measures provided for in the action plans will be implemented subject to compliance with the conditions laid down in the implementing legislation. ';
19. in the first sentence of Article 8 (5), the words "Regional Office and Municipal Office" shall be replaced by "Region and Municipality."
20. in Article 8 (12), the words "the conditions leading to the publication of action plans, the structure and content of action plans, the principles of drawing up and implementing action plans" shall be inserted after the words "paragraph 3."
21. in Paragraph 10 (1), the words "the level of harassment of the population" shall be replaced by the words "the permissible level of odour harassment."
22. In Article 10 (2), the words "determine emission limits for odour substances and the method for determining the concentration of odoriferous substances' shall be inserted after the words" the survey '.
23. in Article 11 (1) (b):
"(b) comply with the emission limits, including the time limits for filling them, the limit content of substances in products, the emission ceilings, the permissible darkness of smoke and the permissible level of odour harassment;"
24. in Article 11 (1), the following point (t) is added:
"(t) processes and implements plans for reducing emissions of odour substances."
25. in Article 12 (1) (e), the words "odour number, if provided" shall be replaced by the words "permissible level of odour harassment."
26. in Article 12 (1) (f), the words "operating in the business of an operator" shall be deleted and the words "within 2 months of their finding, unless otherwise agreed with the municipal authority," shall be inserted after the words "defects."
27. in Article 15 (1) (a) and (3) (b), the words "odour numbers" shall be replaced by the words "concentration of odour substances" and the word "population" shall be deleted;
28. In Paragraph 15 (9), the words "odour numbers' are replaced by the words" concentration of odour substances' and the words "population 'are deleted.
29. In the first sentence of Article 15 (12), "3 months' is replaced by" 1 month '.
30. At the end of paragraph 12, the sentence "The person authorised by the Ministry to revoke the authorisation decision pursuant to Paragraph 15 (13) may re-apply for the authorisation decision for the same activity for which the decision has been revoked at the earliest 1 year."
31. in Article 18 (2) (e), the words "polychlorinated biphenyls, pentachlorophenol and polychlorinated terphenyls shall not exceed 10 mg / kg for this part, and" and the remainder of the text in point (e) shall be deleted;
32. In Article 19 (11), the words "after the end of the fee period 'shall be inserted after the words" the charge shall be charged' and the words "at the end of the paragraph shall be added at the latest six months after the date of receipt of the notification of the amount of the fee or the basis for the fee. ';
33. Paragraph 23 (2) is deleted and paragraph 1 is deleted.
34. In the second sentence of Paragraph 29 (1), the words "controlled substances when recycling products' are deleted.
35. In Article 29, at the end of the text of paragraph 6, the words "within one month at the latest of their detection 'shall be added.
36. In Paragraph 29, the following paragraph 7 is inserted after paragraph 6:
"(7) Products excluded from use containing controlled substances are hazardous waste under special legislation7."
Paragraph 7 shall become paragraph 8.
37. in Paragraph 32 (4), the words "received authorisation for treatment" shall be replaced by the words "treated in the previous calendar year."
38. In Paragraph 35, the words ", minimum qualifications of persons, the keeping of a register of persons and the formalities for registration 'shall be added at the end of the text of paragraph 3.
39. in Article 36 (2) (a), the words "in areas of impaired quality prepared in accordance with Article 7 (6)" shall be deleted;
40. in Paragraph 38 (2) (c):
"(c) it does not comply with the emission limit or the permissible darkness of smoke, or the plan for reducing emissions of pollutants or odour, or it does not comply with the permitted level of odour harassment and has not taken corrective measures imposed by the air protection authority in accordance with paragraph 1; or"
41. in Paragraph 40 (9), the words "or the conditions laid down in the permit of the Ministry issued pursuant to § 29 (1) or in the marketing authorisation issued pursuant to § 29 (4)" shall be inserted after the word "Earth 13";
42. In Paragraph 40, at the end of paragraph 10, the words "or the obligation imposed in Paragraph 3 (11) 'are added.
43. In Paragraph 40 (11), the dot is inserted after the word "authorisation 'and the remainder of the sentence is deleted.
44. in Article 43 (h) and (i):
"(h) provide professional assistance in the preparation of programmes to improve air quality;
(i) define areas with impaired air quality and publish the list of zones and conurbations referred to in Article 7; ';
45. in Paragraph 46 (2) (b):
"(b) compliance with emission limits, volatile organic matter limit content in products designated by implementing legislation and emission ceilings for particularly large, large and medium-sized stationary sources, including permissible smoke darkness and permissible odour harassment,";
46. in Paragraph 48 (1) (f):
"(f) develop air quality improvement programmes in accordance with Article 7 (6);"
47. in § 48 (1) (j) and (k):
"(j) at the request of the Ministry, participate in the definition of air quality-impaired areas;
(k) provide methodological assistance to municipal authorities in drawing up local programmes to improve air quality, ';
48. in Paragraph 48 (1) (n), the semicolon is replaced by a comma and the remainder of the sentence is deleted;
49. in Paragraph 48 (2):
"(2) Region
(a) deliver opinions on local emission reduction programmes and local air quality improvement programmes;
(b) express its views on projects which may significantly affect air cleanliness, development concepts and programmes for the development of individual disciplines and sectors in their territorial capacity (9);
(c) issue a programme to improve air quality under a delegated regulation. "
50. in Article 50 (1) (e):
"(e) may develop a local programme to improve air quality, ';
51. in Paragraph 50 (1), points (g) and (h) are deleted;
Points (i), (j) and (k) shall be renumbered (g), (h) and (i).
52. in Article 50 (2) (a), "§ 12," is replaced by "§ 12 and § 19 (16);"
53.In Paragraph 50 (2) (b), the words ", odour number 'are deleted.
54. Paragraph 50 (3) reads:
"(3) The municipality may by a general binding decree:
(a) lay down or prohibit the incineration of dry plant materials in accordance with Article 3 (5); When establishing the conditions, the municipality shall take into account in particular the climatic conditions, the state of the air in its territorial district, the growing season and the density of the installation;
(b) prohibit certain types of fuels for small combustion sources of pollution; the list of these fuels is set out in Annex 11 to this Act;
(c) in the field of anti-pollution measures, regulate the projection of light ads and effects on the sky. "
55. In Paragraph 51, the text under (d) "shall be checked when selling controlled substances and products which may contain them" shall be referred to as (e) and (e) shall be referred to as (f).
56. In Article 54 (9), at the end of point (b), the sentence "In the case of sources for which a clearance decision or other similar permit has been issued from 1 April 2001 to 1 April 2003, these conditions shall be fulfilled until 31 October 2006."
57. In Paragraph 55 (1), the comma after the words "§ 5 (12)" is replaced by "a" and "and § 7 (11)" is deleted.
58. in § 55 (3), "§ 3 (14)" is replaced by "§ 3 (13)";
59. In Article 55, the following paragraph 4 is added:
"(4) The management of the State tangible reserves will issue a decree implementing Article 3 (12)."
60.
"Annex 3 to Act No. 86 / 2002 Coll.
Scope and manner of development of an air quality improvement programme
1. Method of drawing up the programme
Where the limit of tolerance and limit of tolerance or limit of tolerance is exceeded, where the limit of tolerance is not set for several pollutants, a sub-programme for each of these substances shall be prepared under the programme. The term "Integrated air quality improvement programme 'shall then be used in the programme title.
2. Scope of the Programme
(a) Place where the limit values are exceeded
- demarcation of the zone, description of the region and other information,
- location of any cities (map),
- measuring station (map, geographical coordinates).
(b) General information
- type of zone (city, industrial or agricultural area),
- an estimate of the area of contaminated areas (in km2) and the size of the exposed population group,
- relevant climate data,
- relevant topographical data,
- information on the nature of the objectives requiring protection on the site (population, ecosystems, etc.).
(c) Responsible authorities
- the names and addresses of the persons responsible for drawing up and implementing the programme.
(d) Type of assessment of air pollution
- concentrations of pollutants detected in previous years,
- current concentration of pollutants,
- the means used to detect concentrations of pollutants.
(e) Origin of air pollution
- a list of the main sources of air pollution, supplemented by their geographical indication,
- total emissions in the area (t / year),
- information on pollution transmitted remotely from surrounding areas.
(f) Analysis of the situation
- details of the factors causing increased air pollution,
- details of possible corrective measures.
(g) Details of measures to improve air quality taken before the programme is processed
- measures at local, regional, national and international level relating to the zone,
- an evaluation of the effectiveness of those measures.
(h) Details of new measures to improve air quality
- the list and description of the proposed measures or projects forming part of the programme,
- the timetable for the implementation of the measures,
- an estimate of the planned improvement in air quality and the estimated time needed to achieve these objectives,
- a description of the measures to improve the air quality envisaged in the long term.
(i) List of relevant documents and other sources of information.
(j) Annex under Commission Decision 2004 / 224 / EC (not applicable to local programmes).
(k) The Programme Supplement referred to in Article 18 (3) of Council Regulation (EC) No 1260 / 1999 laying down general provisions on the Structural Funds (not applicable to local programmes). ';
61. In the heading of Annex 11, the words "the municipal authority by its regulation 'are replaced by the words" a municipality by a generally binding decree'.
Transitional provisions
1. Operators of small combustion sources which, pursuant to Article 12 (1) (f) of Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as effective from the date of entry into force of this Act, are obliged to ensure the measurement of the efficiency of combustion, measurement of the quantity of discharges and control of the combustion routes, shall carry out the first measurement within 1 year of its effective date.
2. In zones or conurbations where regional authorities and municipal authorities are required to draw up an air quality improvement programme, they shall update those programmes by 30 June 2006 at the latest.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as is apparent from the laws amending it.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 385 / 2005 Coll., amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 01.10.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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