Act No. 69 / 2013 Coll.
Act amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act), as amended, and certain other laws
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Effective from 19.03.2013
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01.01.2021
19.03.2013
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69
THE LAW
of 19 February 2013
amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and amending certain laws (Integrated Prevention Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Integrated Prevention Act
Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Act on Integrated Prevention), as amended by Act No. 521 / 2002 Coll., Act No. 437 / 2004 Coll., Act No. 695 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 222 / 2006 Coll., Act No. 25 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll. and Act No. 85 / 2012 Coll., is amended as follows:
1. In Article 1 (1), the words "European Community1) 'are replaced by the words" European Union1)';
Footnote 1:
"(1) Directive 2010 / 75 / EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).";
2. In Article 1 (2), the words "and other procedures and procedures relating to integrated authorisation 'shall be added at the end of the text in point (b).
3. in Paragraph 1 (2) (d):
"(d) regulates the arrangements for the exchange of information on best available techniques, the establishment and operation of technical working groups and the publication of information on best available techniques;"
4. In Article 1, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) it regulates the management and content of the integrated prevention information system."
5. in Article 2 (a), the words "not listed in Annex 1 to this Act if the operator so requests" shall be replaced by the words "in which none of the activities listed in Annex 1 to this Act take place if they have been applied for."
6. In Article 2 (d), the words "pollutants' are deleted.
7. in Article 2 (e), the introductory part of the provision reads: "Best available techniques are the most effective and advanced stages of the development of technologies and methods of operation, which show the practical suitability of certain techniques as a basis for determining emission limits and other mandatory conditions of operation of equipment designed to prevent emissions or, where this is not possible, reduce emissions and their adverse impacts on the environment as a whole, while ';
8. in Article 2 (e) (2), the word "equipment" shall be inserted after the word "operator."
9. in Article 2 (e) (3), the word "technique" is replaced by the word "technique" and the words "as a whole" are added at the end of the text of the point.
10. in Article 2 (g), the words "including the operation of activities directly linked to the operation of the on-site installation" shall be deleted;
11. in Article 2, point (h) is deleted;
Points (i) and (j) shall be renumbered as points (h) and (i).
12. in Article 2 (h), the words "in fact" shall be inserted after the word "which" shall be inserted and, at the end of the text of the letter, the words "where such person is not known or does not exist, the owner of the installation shall be considered to be the operator of the installation."
13. in Article 2 (i), including footnote 28,
"(i) a substantial change in the use, mode of operation or scope of equipment which may have significant adverse effects on human health or the environment; a material change shall always be considered as
1. a change in the use, mode of operation or scope of the installation, if it itself achieves the thresholds set out in Annex 1 to this Law;
2. a change of operation in a waste heat treatment plant (28) processing only other waste which affects the heat treatment of hazardous waste in an installation listed in Annex 1 to this Act;
3. a change in the use, mode of operation or range of equipment which includes an exemption from the emission levels associated with the best available techniques (§ 14 (5)) or results from the review of the mandatory conditions of the integrated permit carried out on the basis of § 18 (2) (d);
28) § 2 (o) of Act No. 201 / 2012 Coll., on Air Protection. '.
14. footnote 7a is deleted.
15. in Article 2, the following points (j) to (p) are added:
"(j) a reference document on best available techniques, a document resulting from the exchange of information organised at European Union level pursuant to Article 13 of Directive 2010 / 75 / EU of the European Parliament and of the Council, shall be drawn up for designated activities and shall describe in particular the techniques used, the current levels of emissions and consumption, the techniques considered to identify the best available techniques as well as the conclusions on best available techniques and any emerging techniques, taking particular account of the criteria set out in Annex 3 to this Law;
(k) conclusions on best available techniques document containing parts of the best available techniques reference document setting out conclusions on best available techniques, their description, information to assess their applicability, emission levels associated with best available techniques, related monitoring, related consumption levels and, where appropriate, relevant remediation measures;
(l) emission levels associated with the best available techniques, the range of emission levels obtained under normal operating conditions by applying the best available techniques or by combining the best available techniques as described in the best available techniques conclusions, expressed as an average over a specified time frame under specified reference conditions;
(m) a new technique of industrial activity which, if developed for commercial purposes, could provide either a higher general level of environmental protection or at least the same level of environmental protection and higher cost savings than the existing best available techniques;
(n) the soil of the upper layer of the crust situated between the solid rock ground and the ground surface; the soil is composed of mineral particles, organic matter, water, air and living organisms,
(o) dangerous substances of substances or mixtures as defined in Article 3 of Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,
(p) basic report on the state of pollution of soil and groundwater by the relevant hazardous substances. ';
16. in Paragraph 3 (1), the word "Authority" shall be replaced by the words "Administrative Office which is responsible locally for issuing an integrated authorisation (hereinafter referred to as" Authority ")."
17. in Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) In the case of an application referred to in paragraph 1 (b) or the addition of supporting documents in paper form referred to in paragraph 2, the paper version of the application shall be decisive. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
18. In Paragraph 3 (5), at the end of the first sentence, the words "and whether the installation is defined in accordance with this law and the implementing legislation 'shall be added and in the second sentence, the words" the application shall contain all the required particulars' shall be replaced by the words "the application shall be considered complete '.
19. Paragraph 3 (6) reads:
"(6) If, after the expiry of the period referred to in paragraph 5, the Authority concludes during the procedure that it is not possible to continue the procedure without further completion of the application, it shall invite the operator of the installation to supplement it. All parties must be informed of the completion of the application. ';
20. Paragraph 3 (7) is deleted.
21. The following Section 3a is inserted after Section 3, including the title and footnote 29:
Preliminary information on the application
Before submitting an application, the Authority shall, at its request, provide the operator with preliminary information in accordance with the Administrative Rules (29) on the requirements of the application (§ 4) and on the definition of the installation in the application in accordance with this Act and the implementing legislation.
29) § 139 of Act No. 500 / 2004 Coll., Administrative Regulation. '
22. in Paragraph 4 (1) (a), the words "and, in the case of an operator of an establishment registered in a commercial register or other register, an extract from a commercial register or other register, if the operator of an establishment is a legal person or a natural person who is an entrepreneur," shall be deleted.
23. in Article 4 (1) (c), the words "and directly related activities" shall be deleted; the words "equipment" shall be replaced by the words "activities," the words "indicated" shall be replaced by the words "listed," and the words "and the determination of the main activity" shall be added at the end of the text of the letter.
24. in Article 4 (1) (f), the words "and sources of noise, vibration and non-ionising radiation" shall be inserted after the words "emission sources," and the words "and human health" shall be inserted after the words "the environment."
25. in Article 4 (1) (g), the words "and the current state of pollution of soil and groundwater" shall be inserted after the words "the imitation situation."
26. in Article 4 (1) (i):
"(i) a description of the measures to prevent, re-use, recycling and recovery of waste generated in the installation;"
27. in Article 4 (1) (l), the words "including, where appropriate, proposals for waste management plans, proposals for a major accident prevention programme and safety reports, or those documents already approved, in the case of installations listed in Annex 1 to this Act, or where specific legislation so requires for installations (9)," including footnote 9 shall be deleted.
28. in Article 4 (1), the words "including an evaluation of the conformity of the proposal with the best available techniques, including, where appropriate, expert assessment (§ 14 (5))," shall be added at the end of the text of point (m).
29. in Article 4 (1) (p):
"(p) an overview of any alternatives to the proposed techniques and measures tested by the operator;"
30. in Article 4 (1), the following point (q) is added:
"(q) the basic report (§ 4a) if the operator of the installation is obliged to ensure its preparation. '
31. The following Section 4a is inserted after Section 4, including the title and footnotes 30 to 32:
Basic report
(1) Where dangerous substances which may cause soil and groundwater contamination (30) at the site of the installation are used, produced or discharged, the operator of the installation shall ensure the preparation of the basic report and submit the basic report to the Authority for approval as part of the application.
(2) The baseline report shall contain the information needed to determine the state of pollution of soil and groundwater in order to make a quantified comparison with the state of complete cessation of operation of the installation pursuant to Paragraph 15a. The elements of the basic report shall be laid down in the implementing legislation.
(3) The basic report can only be processed by qualified persons under Article 3 of the Geological Labour Act (31). In the processing of the basic report, these competent persons shall proceed under the Geological Labour Act 31).
(4) Documents relating to soil and groundwater pollution at the site of the installation, processed under other legislation32, may be used for the processing of the basic report.
30) For example Annex 1 to Act No. 254 / 2001 Coll., as amended by Act No. 20 / 2004 Coll. and Act No. 150 / 2010 Coll.
31) Act No. 62 / 1988 Coll., on Geological Works, as amended.
32) For example, Act No. 59 / 2006 Coll., as amended, Act No. 254 / 2001 Coll., as amended, Act No. 92 / 1991 Coll., on the Conditions for the Transfer of State Assets to Other Persons, as amended, Decree No. 17 / 2009 Coll., on the Detection and rectification of Environmental Damage on Soil, Decree No. 450 / 2005 Coll., on the Requirements for the Management of Defective Substances and Requirements for the Accident Plan, the Method and Scope of the Notification of Accidents, their Disposal and Removal of Their Harmful Consequences, as amended by Decree No. 175 / 2011 Coll., and Decree No. 369 / 2004 Coll., on the Design, on the Design, Implementation and Evaluation of Geological Works, and on the Procedure for the Calculation of Stocks of Reserves of Reserves. '
32. In Section 5, the first sentence after the words "Ministry of the Environment 'is replaced by the words" Ministry of the Environment';
33. The following Section 5a is inserted after Section 5, including the title and footnote 33:
Integrated prevention information system
(1) The integrated prevention information system is a national public administration information system (33) managed by the Ministry and is part of a single environmental information system.
(2) The integrated prevention information system serves to ensure all obligations relating to disclosure and public access to information under this law.
(3) The Ministry shall manage and coordinate the procedure of the competent public authorities when publishing data in the integrated prevention information system under this Act.
(4) In the integrated prevention information system, the following data shall be kept for publication purposes:
(a) a brief summary of the application data (Article 4 (1) (d));
(b) List of competent persons including certificates of registration issued (Section 6 (2)),
(c) the single test schedule and the requirements for the extent of expertise, the demonstration of which is a condition of inclusion in the List of competent persons (Section 6 (5));
(d) the statement of the competent person (Section 11);
(e) the decision on the application (§ 13 (2) and (3)), the amendment of the integrated authorisation (§ 19a (4), the merger of integrated authorisations (§ 20a), the abolition of the integrated authorisation (§ 20 (2)) and the exclusion of equipment from the scheme of this law (§ 20 (3)),
(f) the decision on appeal against the decision on the application (Paragraph 13 (11)),
(g) information on exemptions from best available techniques (Section 14 (5));
(h) reported information on compliance with the conditions of the integrated permit (Paragraph 16a (1));
(i) changes in operators (§ 17);
(j) full text of integrated authorisations (§ 19a (7));
(k) inspection reports (Section 20b (9));
(l) the list of establishments for which an integrated permit has been issued under this Act and their operators;
(m) information on best available techniques conclusions and best available techniques reference documents;
(n) information on the obligations of the Czech Republic arising from European Union legislation on integrated pollution prevention and control (1),
o) further information on integrated prevention within the Czech Republic and the European Union.
(5) The data from the integrated prevention information system referred to in paragraph 4 are published on the Ministry's website.
(6) Data from the integrated prevention information system are used to fulfil the obligations of the Czech Republic under the relevant European Union legislation on integrated pollution prevention and control (1).
33) Article 3 of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended. '
Article 34 (6), including footnotes 34 and 35, reads as follows:
"Competent person
(1) For the purposes of this Act, professional competence means the assignment of a legal person or a natural person by the Ministry to provide the professional expression referred to in Article 11 by the listing of the competent persons referred to in paragraph 2.
(2) The Ministry, in agreement with the Ministry of Industry and Trade or the Ministry of Agriculture in accordance with their field of competence, shall enter a legal person or a natural person who can prove his or her competence in accordance with paragraphs 3 and 4 (hereinafter referred to as the "competent person") in the List of competent persons. The Ministry shall issue a certificate to the competent person for the implementation of this registration. The Ministry publishes the list of competent persons in the Ministry Bulletin and through the integrated prevention information system. Where a natural or legal person has not been entered in the List of Specially Eligible Persons on the basis of a request under paragraph 3, the Ministry shall inform him of this communication within 15 days of the date of the finding of the fact on which the registration was not made.
(3) The application of a natural or legal person to be entered in the List of competent persons must be accompanied by supporting documents
(a) a sufficient level of expertise for a given category of activity, in particular in the field of integrated pollution prevention and control and best available techniques;
(b) sufficient technical, administrative and organisational background;
(c) the necessary number of staff with professional experience, with appropriate higher education, knowledge and competence, if they are legal persons or professional experience in the field, appropriate higher education, knowledge and competence, if they are natural persons;
(d) the category of activities referred to in Annex 1 to this Act for which registration is requested in the List of competent persons;
(e) the integrity of the natural person or of the staff of the legal person referred to in (c).
(4) A natural or legal person may be entered in the List of Specially Eligible Persons only if the natural person or staff of the legal person referred to in paragraph 3 (a) is included. (c) they have demonstrated expertise in the fields covered by this Act, in particular the use of best available techniques, the use of emission limits, the use of techniques and their environmental impacts, as well as knowledge of environmental legislation to the extent of the relevant categories of activities and related aspects of technical environmental protection. The expertise is demonstrated by examination before the competent committee composed of representatives of the Ministry, the Ministry of Industry and Trade and the Ministry of Agriculture.
(5) The Ministry, in cooperation with the Ministry of Industry and Trade and the Ministry of Agriculture, shall, according to their scope, draw up more detailed requirements for the extent of expertise, the demonstration of which is a condition of inclusion in the List of Specialised Persons, for each category of activities referred to in Annex 1 to this Act. These requirements and uniform test rules shall be published by the Ministry through the integrated prevention information system.
(6) A natural person who has not been lawfully convicted of a criminal offence, the nature of which relates to the activity of a competent person under this law, shall be deemed to be righteous. The integrity shall be demonstrated by a record of the Register of Penalties not older than 3 months. The Ministry shall, in order to prove its integrity, request, under another legislature34, an extract from the Register of Penalties; a request for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a manner enabling remote access. For foreigners, proof of integrity shall be a similar document to that of the State of which the alien is a national citizen or in which he is domiciled, or an affidavit where the State of which he is a citizen does not issue such document. The recognition of a proof of integrity issued by the competent authority of another Member State of the European Union shall be governed by special legislation35).
(7) In particular, the competent person shall be obliged to carry out the activity to which he is responsible in order to avoid conflicts of interest, in particular, he shall not provide the statement referred to in Article 11 for an installation which he or she operates or is operated by a person controlled or controlling by him or her, or for an installation for which he or she has participated in the preparation of the application.
(8) The competent authority shall notify the Ministry of the change of the information contained in the certificate of entry into the List of competent persons within 30 days of the date on which the change took place.
34) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended.
35) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other qualifications of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '
35. The following Sections 6a and 6b are inserted after Section 6:
(1) The entry in the List of Specially Eligible Persons is valid for a fixed period of up to five years. An application for entry in the List of competent persons may be made repeatedly.
(2) The validity of the registration in the List of Specially Eligible Persons shall be extended for a maximum of five years, provided that the competent person continues to fulfil the conditions for the performance of the activity of the Specially Eligible Person under this Act and requests the renewal of the registration at least six months before the expiry of the specified period of validity. The Ministry shall issue a certificate of renewal to the competent person. A qualified person who has not been renewed may again apply for an extension of the registration not earlier than 1 year.
(3) In the case of publication of a new reference document on best available techniques, new conclusions on best available techniques or changes thereto, the Ministry may, in agreement with the Ministry of Agriculture and the Ministry of Industry and Trade, carry out a proficiency check for all competent persons registered in the List of Specially Eligible Persons with a scope of competence which includes the category of activities listed in Annex 1 to this Act. Professional competence shall be verified by examination in front of a competent committee composed of representatives of the Ministry, the Ministry of Industry and Trade and the Ministry of Agriculture. Professional persons shall be required to demonstrate expertise from the fields covered by this Act in relation to the published documents referred to in the first sentence. The Ministry shall inform the qualified persons concerned in writing of the date of the examination at least 30 days in advance.
(4) The competent person shall be required to undergo control of the performance of his or her duties. The inspection of competent persons shall be carried out by the Ministry in cooperation with the Ministry of Industry and Trade or by the Ministry of Agriculture according to their scope.
(5) The Ministry shall delete a competent person from the List of competent persons if that person:
(a) if it is a legal person, or dies or is declared dead, if it is a natural person,
(b) no more competence under Paragraph 6 (3);
(c) breach repeatedly or seriously the obligation referred to in Article 6 (7);
(d) does not demonstrate the required expertise when verifying the competence referred to in paragraph 3; or
(e) serious deficiencies are identified in the control of the activity referred to in paragraph 4.
(6) The Ministry shall at the same time inform the competent person concerned of the deletion from the List of competent persons for the reasons referred to in paragraph 5 (b) to (e).
(7) A competent person who has been deleted from the List of Specially Eligible Persons pursuant to paragraph 5 (c) to (e) may re-apply to the List of Specially Eligible Persons for the same category of activity referred to in Annex 1 to this Act at the earliest three years after its deletion from the List of Specially Eligible Persons.
(1) The professional observations referred to in Article 11 may also be provided by a legal person in the territory of the Czech Republic on a temporary basis, provided that he proves that:
(a) has been established under the law of another Member State of the European Union and has its registered office, central administration or principal place of business in the territory of another Member State of the European Union; and
(b) holds an authorisation to pursue an activity for which a competent person is entrusted under this law under the legislation of another Member State of the European Union.
(2) A natural person established in another Member State of the European Union may, on a temporary basis, provide the technical statements referred to in Article 11, provided that he proves that:
(a) is a national of a Member State of the European Union; and
(b) holds an authorisation to pursue an activity for which a competent person is entrusted under this law under the legislation of another Member State of the European Union.
(3) Evidence of compliance with the conditions laid down in paragraph 1 (a) and (b) or paragraph 2 (a) and (b) must be provided to the Ministry before the start of the activity referred to in Section 11. Paragraph 6 (7) shall apply mutatis mutandis to the activities of such persons. '
36. in Article 7 (1), the following point (b) is inserted after point (a):
'(b) the owner of the installation, if not the operator of the installation,';
Points (b) to (d) shall be renumbered (c) to (e).
37. in the sentence of Article 8 (2), the first words "on the public service portal (11)" shall be replaced by "through the integrated prevention information system"; in the sentence of the second sentence, the words "on the public administration portal (11)" shall be deleted; and in the sentence of the fourth sentence, the words "the application on the public administration portal" shall be replaced by "a brief summary of the data referred to in Article 4 (1) (d) through the integrated prevention information system."
38. In Article 11 (1), the words "in particularly complex cases' shall be inserted after the words" or '.
39. in Article 11 (2) and (3):
"(2) The statement of the competent person to use the best available techniques shall at least include:
(a) comparison of equipment with the best available techniques;
(b) an assessment of the design of the mandatory operating conditions of the installation, including an assessment of their compliance with the conclusions on best available techniques and their technical feasibility; and
(c) evaluation of the expert assessment referred to in Article 14 (5), where it has been submitted, in the cases referred to in Article 14 (6) and (7), an opinion on the identification of the best available techniques.
(3) The competent person shall send the expert observations to the Office within 30 days of receipt of the request. Where the Authority does not find grounds for returning a statement of completion, it shall publish it by means of an integrated prevention information system and on its official record for 15 days within 5 working days of its receipt. ';
40. In Article 11, the following paragraph 4 is added:
"(4) The Office may return the professional observations to the competent person for completion within 5 working days of receipt. The qualified person shall complete the observations in accordance with the instructions of the Authority within 10 days of the date on which they were returned. The Office shall publish the professional observations it has received without delay in accordance with paragraph 3. ';
41. in Article 12 (1), the words "within 5 days of" shall be replaced by "after," the words "within 5 days of" shall be replaced by the words "after," and at the end of the paragraph, the sentence "If the Office has requested to examine requests for professional expression, oral proceedings may be held only after the expiry of the period for which the professional expression was published on the official record of the Office pursuant to Article 11 (3)."
42. In Paragraph 12 (2), "§ 11 (2)" is replaced by "§ 11 (3)."
43. In Paragraph 13 (1), the last sentence is deleted.
44. in Paragraph 13 (3) (c), the words "and related activities" shall be deleted;
45. in Paragraph 13 (3) (d), the words "and directly related activities" shall be deleted;
46. In Article 13, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
"(e) a list of decisions, opinions, observations and assents issued under specific legislation6) which are replaced by an integrated authorisation.";
47. in Paragraph 13 (4) (b):
"(b) measures to eliminate the risks of potential pollution of the environment and to endanger the health of man coming from an installation after the closure of its activity and conditions ensuring that the installation is fully shut down when the installation is fully operational, in accordance with the requirements of § 15a;"
48. in Paragraph 13 (4), the words "and measures to monitor waste generated in an installation" shall be added at the end of the text referred to in point (c).
49. in Article 13 (4) (d), the words "animals," "forests," and "nature and landscape" shall be deleted;
50. in Article 13 (4) (h), the words "test operations under special legislation 24)" shall be inserted after the words "the risk of environmental or human health";
Footnote 24 reads:
"24) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended."
51. in Article 13 (4) (i), the words "and carry-overs and, where appropriate, technical measures" shall be replaced by the words "technical measures to monitor emissions" and, at the end of the text of the letter, the words "and, in the case of the application of the procedure referred to in Article 14 (4) (b), the requirement that the results of the monitoring of emissions are available for the same time periods and the reference conditions as for emission levels associated with the best available techniques."
52nd Paragraph 13 (4) (k) reads as follows:
"(k) the procedure for assessing compliance with the conditions of the integrated permit, including the obligation to submit regularly to the Authority, at least annually, the results of the emission monitoring and other data required to enable the Authority to check compliance with the conditions of the integrated permit; in the case of the application of the procedure referred to in Article 14 (4) (b), a summary of the emission monitoring results allowing comparison with the emission levels associated with the best available techniques, ';
53.In Paragraph 13 (4), the following points (l) and (m) are added:
"(l) the procedures and requirements for the regular maintenance of equipment and procedures to prevent emissions to soil and groundwater and the methods of monitoring soil and groundwater in relation to the relevant hazardous substances which may be present at the site and taking into account the possibility of pollution of soil and groundwater at the site of the installation;
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Regulation Information
| Citation | Act No. 69 / 2013 Coll., amending Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2013 |
|---|---|
| Effective from | 19.03.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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