What is Act No. 42 / 2025 Coll.?

Act No. 42 / 2025 Coll., amending Act No. 201 / 2012 Coll., on Air Protection, as amended, and other related laws — Act amending Act No. 201 / 2012 Coll., on Air Protection, as amended, and other related laws.

When it became Act No. 42 / 2025 Coll. effectiveness?

Act No. 42 / 2025 Coll. became effective 01.03.2025.

Is Act No. 42 / 2025 Coll. still valid?

Yes, Act No. 42 / 2025 Coll. is still valid and effective.

Act No. 42 / 2025 Coll.

Act amending Act No. 201 / 2012 Coll., on Air Protection, as amended, and other related laws

Valid Effective from 01.03.2025

ČÁST PRVNÍ Čl. I „§ 3a „§ 4a § 4b „§ 9 § 10 „§ 12a § 12b „§ 13 „§ 13a „§ 14 „§ 14a § 14b § 14c § 14d § 14e § 14f § 14g § 14h „§ 19f „§ 19g „§ 19h „§ 20 „§ 20a „§ 20c „§ 20d „§ 20e „§ 21a „§ 21a „§ 21b § 21c „ČÁST PÁTÁ § 22 § 23 § 24 § 25 § 25a § 25b § 26 „§ 25b „§ 32a § 32b „§ 33 „§ 34 „§ 35 „ČÁST B Část A Část B Čl. II Čl. III ČÁST DRUHÁ Čl. IV ČÁST TŘETÍ Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII

Zobrazeno prvních 200 z celkem 1203 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

THE LAW

of 22 January 2025

amending Act No. 201 / 2012 Coll., on Air Protection, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Air Protection Act

Čl. I

Act No. 201 / 2012 Coll., on Air Protection, as amended by Act No. 64 / 2014 Coll., Act No. 87 / 2014 Coll., Act No. 382 / 2015 Coll., Act No. 369 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 225 / 2017 Coll., Act No. 172 / 2018 Coll., Act No. 403 / 2020 Coll., Act No. 261 / 2021 Coll., Act No. 284 / 2021 Coll., Act No. 382 / 2021 Coll., Act No. 142 / 2022 Coll., Act No. 432 / 2022 Coll., Act No. 149 / 2023 Coll., is amended as follows:

1. In Article 1 (1), the words "ecosystems and 'are replaced by the words" ecosystems, "and at the end of the text of the paragraph the words" and the maintenance of the lowest level of pollution in accordance with the principles of sustainable development and the load on the territory' are added.

2. footnote 1 shall read:

"(1) Directive 2008 / 50 / EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, as amended by Commission Directive (EU) 2015 / 1480. Directive 2004 / 107 / EC of the European Parliament and of the Council of 15 December 2004 on the content of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air, as amended by Regulation (EC) No 219 / 2009 of the European Parliament and of the Council and Commission Directive (EU) 2015 / 1480. Directive 2004 / 42 / EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds arising from the use of organic solvents in certain paints and varnishes and vehicle paint repair products and amending Directive 1999 / 13 / EC, as amended by Regulation (EC) No 1137 / 2008 of the European Parliament and of the Council. Directive 2009 / 30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 / 70 / EC as regards the specification of petrol, diesel and gas oils, the introduction of a mechanism for monitoring and reducing greenhouse gas emissions and Council Directive 1999 / 32 / EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 / 12 / EEC, as amended by Directive (EU) 2016 / 802 of the European Parliament and of the Council. Directive 2010 / 75 / EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). Directive 2014 / 65 / EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of dangerous goods (OJ L 77, 15.3.2014, p. Council Directive (EU) 2015 / 652 of 20 April 2015 laying down methods of calculation and reporting pursuant to Directive 98 / 70 / EC of the European Parliament and of the Council on the quality of petrol and diesel fuels. Directive (EU) 2015 / 1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 / 70 / EC on the quality of petrol and diesel fuels and Directive 2009 / 28 / EC on the promotion of the use of energy from renewable sources, as amended by Directive (EU) 2018 / 2001 of the European Parliament and of the Council. Directive (EU) 2016 / 2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain air pollutants, amending Directive 2003 / 35 / EC and repealing Directive 2001 / 81 / EC. Directive (EU) 2018 / 2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, as amended by Commission Delegated Regulation (EU) 2022 / 759 and Directive (EU) 2023 / 2413 of the European Parliament and of the Council. ';

3. In Article 1 (2) (e), the words "persons putting motor petrol or diesel into free circulation in the tax territory of the Czech Republic for transport purposes and persons supplying motor gasoline or diesel for transport purposes in another Member State of the European Union (" supplier of motor gasoline or diesel ")" shall be replaced by the words "fuel suppliers."

4. In Article 1 (3), the word "radionuclid2 'is replaced by" radionuclides'.

footnote 2 is deleted.

5. In Paragraph 1, at the end of paragraph 3, the sentence "This Act shall not apply to the activities of the Fire Rescue Corps of the Czech Republic in the preparation for emergency situations (3), in the preparation for and implementation of extraordinary tasks (43)."

Footnote 43 reads:

"43) § 3 of Act No. 320 / 2015 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws, as amended."

6. In Article 2 (e), the words "if not a stationary technical unit used solely for research, development or testing of new products and processes' are deleted.

7. in Sections 2 (m), 18 (1) and 11 of Explanatory Note 2, the word "methane" is replaced by "methane."

8. In Section 2, at the end of point (o), the comma is replaced by a semicolon and the words "the oxidation or processing of waste by another thermal process of fuel produced from waste which has ceased to be waste under the conditions laid down by the Waste Act (13) are added, provided that one of the conditions laid down is that the requirements for the heat treatment of waste are laid down and fulfilled in its energy use. '

Footnote 13 reads:

"13) Act No. 541 / 2020 Coll., on Waste, as amended. '.

9. In Article 2, at the end of point (p), the dot is replaced by a comma and the following points (q) and (r) are added:

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

(r) particles PM10 particles which pass through a size-selective input filter showing 50% for an aerodynamic diameter of 10 μm. ';

10. in Article 2a (a) and (b):

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

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

11. in Article 2a (e), the words "and greenhouse gas emission savings" shall be inserted after the words "sustainability criteria."

12. in Paragraph 2a (h):

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

13. in Article 2a, point (i) is deleted;

Points (j) to (l) shall be renumbered as points (i) to (k).

14. in Article 2a (i) and (j), the words "for transport purposes or electricity for transport purposes" shall be deleted;

15. in Paragraph 2a (l):

"(l) advanced biofuel biofuel which is not advanced biofuel and is produced from specified raw materials listed in the implementing legislation.";

16. in Article 2a, at the end of point (k), the dot is replaced by a comma and the following points (l) and (m) are added:

"(l) fuel supply

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

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

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

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

17. in Article 3 (1), the words "and the permissible frequency of their exceedance" shall be deleted; the words, "the construction office, in the exercise of its powers under another legislation affecting air," shall be deleted and the sentence "Imis limits and levels of pollution by pollutants, which have a limit of imitations in points 1 to 3 of Annex 1 to this Act, shall be added at the end of the paragraph, as the basis for the procurement of territorial analysis and planning documentation."

18. The following Section 3a is inserted after Section 3, including the title:

„§ 3a

National exposure reduction target

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

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

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

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

19. in Article 4 (2) (b), the words "under Article 11 (2) (c) for a stationary source" shall be replaced by the words "operation of a stationary source (hereinafter referred to as" permit of operation ")."

20. in the second sentence of Article 4 (3), the words "pursuant to Article 11 (2) (c)" shall be deleted;

21. In Article 4, at the end of paragraph 3, the sentence "The specific emission limit laid down in accordance with the second sentence in the permit of operation or for a pollutant for which no specific emission limit is laid down in the implementing legislation shall be determined in particular in the light of the best available techniques (44) and the level of pollution at the point of operation of the source. ';

Footnote 44 reads:

"44) § 2 (e) of Act No. 76 / 2002 Coll., as amended."

22. in Article 4, paragraphs 7 and 8 are deleted;

Paragraph 9 shall become paragraph 7.

23. in Article 4 (7), "Article 11 (2) (c) for odourless substances" is replaced by "operation."

24. the following Sections 4a and 4b are inserted after Section 4, including the headings:

„§ 4a

Stationary resources and their classification

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

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

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

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

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

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

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

§ 4b

Addition rules

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

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

(b) located in the same establishment; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) In the case where the producer of the combustion stationary source does not indicate its rated thermal input, the rated thermal input shall be calculated as a proportion of the rated heat output and its corresponding thermal efficiency and, where appropriate, the calculation of other available parameters. ';

27. in Article 5 (1), the words "for pollutants laid down in the implementing legislation" shall be inserted after the words "assessing the level of pollution."

28. In the second sentence of Article 5 (4), the words "in the Ministry of the Environment Bulletin 'are replaced by the words" in a way that allows remote access'.

29. In § 5 (5), first sentence, § 21 (5), fourth sentence, § 32 (2) and in § 32 (7) of the introductory part of the provision, the word "authorization" is replaced by "authorisation."

30. in Article 5 (6), the words "the list of pollutants for which the assessment of the level of pollution is carried out" shall be inserted after the words "the assessment of the level of pollution,"

31. in Article 6 (1) and (2):

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

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

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

(2) The operator shall determine the level of pollution by measuring or calculating. The calculation shall be applied where, at the request of the operator, the regional authority so provides in the operating permit, unless, taking into account the technical means available, the actual level of pollution can be established or the stationary sources from which volatile organic substances are introduced into the air as laid down in the implementing legislation. In the case of a stationary source for which, with regard to the available technical means, the contaminants may not be discharged through a chimney or through a filler, the Regional Authority may decide in accordance with the second sentence only if at the same time an exemption from the obligation referred to in Article 17 (3) (d) is permitted in the operating permit. The calculation shall also apply in the case of back-up energy sources referred to in paragraph 8 and in the case of stationary sources listed in Annex No 2 to this Act, for which, in view of their impact on the level of pollution and on the possibility of affecting the resulting emissions, implementing legislation is provided for. ';

32. In Paragraph 6 (4), the following sentence is inserted after the first sentence: "In cases where an operator ascertains the level of pollution by means of regular one-off emission measurement, continuous monitoring and recording of the operating parameter for checking the correct operation of the emission reduction technology or emission reduction measures provided for in the permit for operation shall also be carried out in the case of stationary sources listed in Annex 2 to this Act, for which implementing legislation provides. Where it is not possible to establish such an operating parameter, the Regional Authority shall instead determine the technical condition of operation in accordance with Article 12 (4) (e), which shall ensure a similar check of the correct operation of the emission reduction technology or emission reduction measures as the operating parameter. ';

33. In Article 6, at the end of the text of paragraph 4, the words "or a stationary source for which the Regional Authority so provides shall be added."

35. in Paragraph 6 (6), the second sentence shall be replaced by the sentence "The measurement data contained in the measurement report shall be reported without undue delay through an integrated environmental reporting system (11)."

36. In the first sentence of Article 6 (7), the words "inspection notification 'are replaced by the words" notification of the date of measurement through an integrated system of environmental reporting obligations'.

37. in the second sentence of Paragraph 6 (7), the words "notify" shall be replaced by the words "report in the same way."

38. in Article 6 (8) and (9):

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

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

39. At the end of Paragraph 6, the following paragraph 10 is added:

"(10) The Ministry of Finance provides by decree

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

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

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

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

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

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

40. Paragraph 7 (3) is deleted.

Article 41 (9) and (10), including the headings, read:

„§ 9

Air quality improvement programmes

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

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

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

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

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

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

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

§ 10

Smog situation

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

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

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

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

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

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

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

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

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

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

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

42. Paragraph 11 (1) reads as follows:

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

43. In § 11 (2) (b), § 11 (7) second sentence and § 12 (5), the word "Regulation" is replaced by "Regulation (46)."

Footnote 46:

"46) Act No. 283 / 2021 Coll., Construction Act, as amended. Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. '

44. in Paragraph 11 (2) (c), the words' listed in Annex 2 to this Act 'shall be deleted;

45. in Article 11 (2) (d) and in Article 11 (6), last sentence, the word "Regulation" shall be replaced by "Regulation 47";

Footnote 47 reads:

"47) Act No. 283 / 2021 Coll., as amended. Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended. Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended. '

46. In the first sentence of Article 11 (4), the word "deposit 'is replaced by" application'.

47. In Article 11 (4), the sentences of the second and last paragraphs are replaced by the following: "The consistent binding opinion referred to in paragraph 2 (b) or (d) may, where justified, be issued without the application of compensatory measures if it is clear that the operation of a stationary source, infrastructure or parking would have only a negligible effect on the level of pollution for the pollutant concerned."

48. In the second sentence of Article 11 (6), the word "laid down 'is replaced by" applied'.

49. In the third sentence of Article 11 (6), the word "fixed 'is replaced by" applied'.

50. In Paragraph 11 (8), the sentence "If no proceedings are conducted under another legislation46) is inserted after the first sentence, the applicant shall submit a dispersion study for the procedure for the issue of the traffic permit. '

51. In Paragraph 11 (8), at the end of the third sentence, the words "that is not the case if the submission of a diffusion study is requested by the Regional Authority in respect of local conditions' shall be added.

52. in the second sentence of Article 11 (10) and in the second sentence of Article 12 (6), the words "other legislation" shall be replaced by the words "building law."

53. In Article 11, the following paragraph 11 is added:

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

54. Paragraph 12 (1) reads:

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

55. Paragraph 12 (2) reads:

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

56. In Paragraph 12 (4), the introductory part of the provision reads:

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

57. in Paragraph 12 (4), the words "including the manner and conditions of continuous monitoring and recording of the operational parameter referred to in Article 6 (4)," shall be added at the end of point (b);

58. in Article 12 (4) (g):

"(g) the specific operating conditions for the smog situation referred to in point 4.2 of Annex 6 to this Act for a stationary source pursuant to Article 10 (5),"

59. In Paragraph 12 (4) (j):

"(j) the conditions for the location, execution or use of a stationary source providing protection of the air, including the minimum distances provided for in Section 12a, where the traffic permit procedure has not been preceded by a procedure under another legislation (46); or"

60. In Article 12 (6), the first sentence is replaced by the following: "Without a binding opinion under Article 11 (2) (b) or (d), a decision on the authorisation of a project, the decision on the establishment of a mining area and the authorisation of a mining activity under another legislature46 may not be taken."

61. In the first sentence of Article 12 (7), the word "in particular 'shall be inserted after the word" out'.

62. In the second sentence of Article 12 (7), the words "conscious' are deleted.

63.Paragraph 12 (8) reads:

Zobrazit všechna ustanovení (1203)

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Act No. 42 / 2025 Coll., amending Act No. 201 / 2012 Coll., on Air Protection, as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	20.02.2025
Effective from	01.03.2025
Effective until	-
Status	Valid

Parliamentary Paper: Paper No. 715

Public Contracts 3

MH - Dodatek č. 5 ke Smlouvě o dílo č. 2000-055/GD/2023, ČOV Litovel - Solární sušení surového kalu

Město Litovel ARKO TECHNOLOGY, a.s.

09.12.2025

Notifications

Dotace FV program Odpady - oběhové hospodářství 2025 ID FV02976.0047

KruV - RS (Kraj Vysočina) Obec Nové Syrovice

100 000 CZK

23.07.2025

čp. 343 - dodání a montáž předních vchodových dveří dle cenové nabídky

Město Vodňany Jan Pišinger

73 574 CZK

17.02.2025