What is Act No. 86 / 2002 Coll.?

Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Act on Air Protection) — Air Protection Act (Air Protection Act).

When it became Act No. 86 / 2002 Coll. effectiveness?

Act No. 86 / 2002 Coll. became effective 01.06.2002.

Is Act No. 86 / 2002 Coll. still valid?

Yes, Act No. 86 / 2002 Coll. is still valid and effective.

How many times was it Act No. 86 / 2002 Coll. amended?

Act No. 86 / 2002 Coll. has 30 time versions of the text.

Act No. 86 / 2002 Coll.

Air Protection Act (Air Protection Act)

Valid Law Effective from 01.06.2002

Text versions: 01.04.2012 01.01.2012 19.10.2011 22.07.2011 21.04.2011 All versions (29)

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 3a § 3b § 3c HLAVA II § 4 § 5 § 6 § 7 § 7a § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 HLAVA III § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 32 § 33 § 34 HLAVA V § 36 § 37 HLAVA VI § 38 § 39 § 40 § 41 HLAVA VII § 42 § 42a § 43 § 44 § 45 § 45a § 45b § 45c § 46 § 47 § 48 § 49 § 50 § 51 § 52 HLAVA VIII § 53 § 54 § 55 § 56 ČÁST DRUHÁ § 57 ČÁST TŘETÍ § 58 ČÁST ČTVRTÁ § 59 ČÁST PÁTÁ § 60 ČÁST ŠESTÁ § 61

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THE LAW

of 14 February 2002

on air protection and amending certain other laws (Air Protection Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

AIR PROTECTION

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

(1) This law implements the relevant provisions of the European Union1), building on the directly applicable regulations of the European Union1a), 1b), and

(a) the rights and obligations of persons and the powers of the administrative authorities in protecting ambient air from the introduction of pollutants by human activity;

(b) conditions for further reductions in the quantities of pollutants discharged which cause adverse effects on life and animal health, on the environment or on tangible property;

(c) the rights and obligations of persons and the responsibilities of the administrative authorities in the protection of the ozone layer of the Earth against the adverse effects of controlled substances and in the protection of the earth's climate system against the adverse effects of fluorinated greenhouse gases and other instruments to reduce the quantities of substances affecting the earth's climate system.

(2) This law does not apply to the introduction of radionuclides into the environment, which is governed by special legislation1c).

§ 2

Basic concepts

For the purposes of this Act in the field of air protection:

(a) external air in the troposphere, with the exception of air at workplaces designated by specific legislation (m2) and in enclosed areas (air);

(b) any pollutant introduced into, or derived from, the ambient air which directly or after physical or chemical transformation or co-operation with another substance has a harmful effect on life and animal health, the environment, the earth's climate system or physical property;

(c) air pollution by the introduction of one or more pollutants into the air due to human activity expressed in mass units per unit of time;

(d) emissions from the introduction of one or more pollutants into the environment;

(e) an emission limit of not more than the permitted amount of the pollutant or a specified group of pollutants or odoriferous substances discharged into the air from the source of air pollution expressed as the mass concentration of the pollutant in the waste gases or the mass flow of the pollutant per unit of time or the mass of the pollutant per unit of production or human activity or as the number of odour units per unit of volume or as the number of particles of the pollutant per unit of volume;

(f) the emission ceiling of the maximum permissible aggregate emissions of the pollutant or of a specified group of pollutants resulting from human activity, expressed in mass units over a period of 1 year, from all sources of air pollution, from their defined group or from an individual source of air pollution in the demarcated territory;

(g) air pollution levels by mass concentration of pollutants in the air or their deposition from the air per unit of surface area per unit of time;

(h) by the operator of the source of air pollution (hereinafter referred to as the operator), a legal person or a natural person who actually operates the source of air pollution; if there is no such person, the owner of the source of pollution shall be considered as the operator, 3)

(i) imitation of air pollution expressed by mass concentration of the pollutant or a specified group of pollutants;

(j) the maximum permissible level of air pollution, expressed in units of mass per unit of volume, at normal temperature and pressure, by the limit;

(k) the tolerance limit is the percentage of the limit of imitation or part of its absolute value by which the limit may be exceeded;

(l) odoriferous substances or mixtures thereof which cause harassing odour phenomena, characterised by a odour unit;

(m) the maximum permitted degree of air pollution, expressed in the colour of the flue-pipe or found in the flue-pipe by the method laid down in the implementing legislation, is permitted;

(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;

(o) the best available technology (s), the most effective and advanced degree of development of the technologies used and their operation, developed on a scale which allows them to be introduced in the relevant economic sector under economically and technically acceptable conditions, while being the most effective in achieving a high level of environmental protection as a whole;

(p) the reduction target of the percentage by which emissions of the pollutant or of the group of pollutants from all sources of air pollution located in the demarcated territory or, where appropriate, from the defined group of sources of air pollution must be reduced within the set time limit compared to the year established as reference;

(r) light pollution by visible radiation from artificial light sources which may bother persons or animals, cause health damage or interfere with certain activities and is based on the location of such sources in ambient air or light sources whose radiation is assigned to the ambient air;

(s) other fuels from renewable fuel sources, other than biofuels under the specific legislation governing fuel (25), which come from renewable energysources (3b) and are used in transport.

§ 3

Obligations of legal and natural persons

(1) Everyone is obliged to limit and prevent air pollution and to reduce the amount of pollutants discharged by it under this Act and the implementing legislation.

(2) All fuels may be produced, stored, imported, sold and used only in accordance with specific legislation, (4), (5) and (5) and with this law and with quality requirements within the time limits laid down in the implementing legislation. The waste cannot be used as fuel under the Waste Act.

(3) Products containing volatile organic substances, including fuel, may be produced, imported, sold, labelled, transported, pumped, stored and used only in accordance with the quality requirements and handling methods laid down in the implementing legislation.

(4) The incineration of substances in sources of air pollution which are not fuels designated by the manufacturers of their equipment, or substances listed in a set of technical operational parameters and technical organisational measures to ensure the operation of air pollution sources pursuant to Article 11 (2) shall be prohibited. This prohibition shall not apply to the fight against fires and to work to eliminate the consequences of dangerous epidemics and natural and other crisis situations carried out in accordance with specific legislation. 6)

(5) Only wood, charcoal, dry plant materials and gaseous fuels, as specified by the manufacturer, may be incinerated in open fires, garden fireplaces or in open grilling facilities, and those fuels or materials shall not be contaminated by chemicals. The municipality may, by means of a general binding decree, lay down the conditions for the incineration of plant materials pursuant to Paragraph 50 (3) (a) or prohibit the incineration of plant materials, provided that it provides for other means of disposal under a specific legislation. 7)

(6) When constructing new and changing existing particularly large stationary sources of air pollution, or modernising them, persons authorised to do so shall be obliged to choose the best available techniques in accordance with the requirements of this Act and specific legislation.

(7) Where technically possible, pollutants from a particularly large, large and medium-sized source of air pollution shall be diverted to the air in a defined manner, by a chimney, by a discharge or discharge from an emission control device the height of which must be calculated in order to protect human health and the environment. The method of discharge of waste gases shall be indicated in the environmental conditions referred to in Article 17 (8) (c).

(8) Legal and natural persons shall, where technically possible and economically acceptable to them, make use of central heat sources and, where appropriate, alternative sources in the case of new buildings or in the event of changes to existing buildings, provided that their operation complies with this law and with the provisions issued for its implementation. At the same time, they are required to verify the technical and economic feasibility of cogeneration.

(9) Operators of air pollution sources are obliged to provide, at the request of the Authority (§ 42), or, if the implementing legislation so provides, information on these sources, their technical status and emissions emitted from those sources. The construction of a line source of air pollution requires a dispersion study.

(10) The fuel manufacturer, the fuel importer and the person who first transfers or offers to be transferred for distribution or use or first transfers ownership rights to such fuels in the Czech Republic for the purposes of reporting to the European Commission and to the Ministry for the purposes of the sulphur content of the fuels referred to in the implementing legislation annually, shall report to the Ministry of the Environment (hereinafter referred to as "Ministry ') the details of the sulphur content of the fuels referred to in the implementing legislation as and within the time limits set out therein.

(11) The implementing legislation lays down the requirements for the quality of fuels in terms of air protection and the time limits for achieving them, the requirements for the sampling of fuels, the verification and certification of the quality of fuels, the types of fuels referred to in paragraph 10 and the manner and date of reporting of the sulphur content of those fuels, the way in which products containing volatile organic substances are handled and the time limits for achieving these requirements and the principles and formalities for recording and balancing the consumption of volatile organic substances and the principles for assessing the use of central heat sources in terms of technical and economic acceptability.

§ 3a

(1) A person who places motor petrol or diesel for free circulation in the tax territory of the Czech Republic for transport purposes, or who supplies in the tax territory of the Czech Republic for transport purposes of motor petrol or diesel for free circulation in another Member State of the European Union, is required to ensure that in the fuel territory of the Czech Republic 7a), which places in free circulation in the tax territory of the Czech Republic for transport purposes for a calendar year or which has been put into free circulation in another Member State of the European Union and is supplied in the tax territory of the Czech Republic for transport purposes for a calendar year, also contains a minimum quantity of biofuels

(a) from 1 January 2008, at 2% vol., of the total quantity of motor gasoline incorporated into motor petrol;

(b) from 1 September 2007, at 2% vol., of the total quantity of diesel fuel incorporated into diesel,

(d) from 1 January 2009 at 4,5% volume of the total quantity of diesel fuel incorporated into diesel,

(e) from 1 June 2010, at 4,1% vol., of the total quantity of motor gasoline incorporated into motor petrol,

(f) from 1 June 2010 at a rate of 6% vol of the total quantity of diesel fuel incorporated into diesel; the biofuel content of diesel fuel, applied in the form of a low percentage addition, shall not exceed the maximum percentage fixed up to 7% volume.

(2) The obligation referred to in paragraph 1 may also be fulfilled by introducing pure biofuels or mixed fuels pursuant to a specific legislation governing propellants (25) for free circulation in the tax territory of the Czech Republic for transport purposes or by supplying pure biofuels or mixed fuels which have been put into free circulation in another Member State of the European Union to the tax territory of the Czech Republic for transport purposes within the scope of paragraph 1.

(3) Where the person referred to in paragraph 1 exceeds the mandatory minimum quantity of biofuels set out in paragraph 1 in the calendar year ("excess quantity of biofuels'), he may transfer that excess quantity of biofuels to compliance with the obligation referred to in paragraph 1 in the immediately following calendar year. The quantity of biofuels transferred to the following calendar year may not exceed 0,2% of the total quantity of motor petrol and diesel put into free circulation in the tax territory of the Czech Republic for transport purposes or for free circulation for transport purposes in another Member State of the European Union and delivered to the tax territory of the Czech Republic in the previous calendar year.

(4) Where the person referred to in paragraph 1 intends to apply an excessive quantity of biofuels as referred to in paragraph 3 in the following calendar year, he shall inform the customs office concerned in writing within the time limit specified for the reporting referred to in paragraph 8. The communication shall contain the following particulars:

(a) the name, surname and address, in the case of a legal person, the name, legal form and registered office and the person's tax identification number;

(b) the quantity of biofuels corresponding to the amount of the obligation referred to in paragraph 1 in the previous calendar year;

(c) the quantity of biofuels by which the obligation referred to in paragraph 1 has been exceeded in the previous calendar year;

(d) the quantity of biofuels to be included in the fulfilment of the obligation referred to in paragraph 1 in the immediately following calendar year.

(5) The person referred to in paragraph 1 shall keep separate records of the quantities of petrol, diesel fuel and individual types of biofuels and blending fuels received and produced, and of the individual fuels removed, indicating the type and proportion of biofuels which are put into free circulation in the tax territory of the Czech Republic for transport purposes or which have been put into free circulation in another Member State of the European Union and are supplied in the tax territory of the Czech Republic for transport purposes. Such records shall be entered by the person referred to in paragraph 1 on 31 December of the calendar year concerned.

(6) For the purpose of fulfilling the obligation referred to in paragraph 1, only biofuels meeting the sustainability criteria laid down in the implementing legislation shall be taken into account. The person referred to in paragraph 1 shall demonstrate compliance with these criteria by submitting the relevant documents issued in accordance with Paragraph 3c; for the inaccuracy, incompleteness or inaccuracy (hereinafter referred to as "inaccuracy '), the information contained in the document submitted to him shall not be liable if he proves that the inaccuracy of the data could not be ascertained even with all the efforts that may be required.

(7) The provisions of paragraphs 1 and 2 do not apply to the State tangible reserves (7b) put into free circulation in the tax territory of the Czech Republic upon their replacement.

(8) The person referred to in paragraph 1 who imports fuel and places it into free circulation for transport purposes in the tax territory of the Czech Republic, or who supplies fuel to the tax territory of the Czech Republic for free circulation in another Member State of the European Union, shall be required, on a form issued by the Directorate-General for Customs, to the customs office responsible for the place of arrival of the fuel, the date and time of receipt of the fuel, which, according to the accompanying documents, contain a biocomponent, in order to allow the customs office or the customs office to take a sample of the fuel and verify the data in the documents submitted to it.

(9) The person referred to in paragraph 1 shall, on 31 January each year, submit to the competent customs office at the place of destination a declaration of compliance with the obligation to release the minimum quantity of biofuels for free circulation for transport purposes or the obligation to supply the minimum quantity of biofuels in the tax territory of the Czech Republic for transport purposes in fuel for free circulation in another Member State of the European Union for the previous calendar year (hereinafter referred to as "the report ') containing the identification and registration data referred to in paragraph 5. The report shall be made on a form issued by the Directorate-General for Customs.

(10) The person referred to in paragraph 1 who does not put into free circulation in the tax territory of the Czech Republic a minimum quantity of biofuels for transport purposes or who has been put into free circulation in another Member State of the European Union and supplied in the tax territory of the Czech Republic, does not supply in the tax territory of the Czech Republic a minimum quantity of biofuels for transport purposes, is required to pay a fee on the volume of biofuels that was to be put into free circulation in the tax territory of the Czech Republic for transport purposes in another Member State of the European Union for the previous calendar year.

(11) Where the customs office finds that the declaration does not contain the correct information or that it has not been lodged at all and the conditions for the payment of the fee are met, it shall establish it by a payment period or, where appropriate, by an additional payment period. The amount of the fee shall be determined as the product of the quantity of unspecified biofuels referred to in paragraph 1 in litres and the amount of CZK 40. The fee is due within the reporting period.

(12) The person referred to in paragraph 1 shall indicate in a document issued under the Consumer Taxation Act (7c) the type and content of biofuels in fuel with an accuracy of one decimal place of the percentage by volume or weight.

(13) The fee is the income of the state budget.

§ 3b

Reducing greenhouse gas emissions from fuel

(1) The person referred to in Article 3a (1) is required to reduce greenhouse gas emissions per unit of energy contained in the fuel in the full life cycle of the fuel in such a way as to achieve a reduction of 4% by 31 December 2017 and 6% by 31 December 2020 compared to the baseline value of greenhouse gas emissions production for fossil fuels laid down by the implementing act.

(2) Greenhouse gas emissions per unit of energy contained in the fuel are the total volume of greenhouse gas emissions expressed in CO2 equivalent produced in the full life cycle of the fuel, divided by the total energy content of the fuel expressed in the value of the lower calorific value. The total net emissions of CO2, CH4 and N2O that are attributable to that fuel, including blended components, shall be considered to be greenhouse gas emissions during the full life cycle of the fuel, as a period covering all stages of the fuel production and consumption process from extraction or cultivation, including land use changes, transport, distribution and processing, to combustion, regardless of when such emissions arise.

(3) The person referred to in Article 3a (1) shall report annually to the Ministry and to the competent customs office on the emissions of greenhouse gases from fuel supplied to him for the previous calendar year (hereinafter referred to as the "emission report") by 15 March. This report shall contain at least the following information:

(a) the total volume of each type of fuel supplied, indicating the place of purchase and origin;

(b) the volume of greenhouse gas emissions per unit of energy contained in the fuel recorded during the full life cycle of the fuel, including a breakdown per type of fuel.

(4) The person referred to in Article 3a (1) shall ensure verification of the information referred to in paragraph 3 by an authorised person pursuant to Article 15 (1) (f) and submit a copy of the verification report as part of the emissions report. If it does not submit this report, including the verification, and within a time-limit set by the customs office, it shall be deemed not to have fulfilled the obligation referred to in paragraph 1.

(5) If a grouping contract is concluded between the persons referred to in Article 3a (1)) in order to fulfil the obligation referred to in paragraph 1, compliance with this obligation will be assessed as a weighted average of the mandatory greenhouse gas emission reductions for each obligor in the pool. The obligation to report on emissions, including the verification referred to in paragraph 4, shall apply separately to individual persons in the pool; a copy of the association agreement, together with the report on emissions for calendar years 2014, 2017 and 2020. If a copy of the pool contract is not submitted at the same time as the emissions report, or if the total required emission reductions are not achieved within the pool, the content of the contract shall not be taken into account.

(6) For the purpose of fulfilling the obligations referred to in paragraph 1, the energy contained in biofuels shall be taken into account only if the biofuels comply with the sustainability criteria laid down in the implementing legislation. Compliance with these criteria is demonstrated in the manner set out in § 3c.

(7) The implementing legislation establishes the baseline value of greenhouse gas emissions production for fossil fuels.

§ 3c

Biofuel sustainability criteria

(1) Biofuel intended to fulfil the obligations set out in Articles 3a (1) and 3b (1) must meet the sustainability criteria laid down in the implementing legislation. Compliance with sustainability criteria is evidenced by a declaration of compliance with sustainability criteria issued by the manufacturer, importer to the Czech Republic (the importer) or biofuel vendor. This declaration shall be authorised by the manufacturer, importer and biofuel vendor only if:

(a) holds a valid certificate issued by an authorised person pursuant to Article 15 (1) (f) or a certificate or other similar authorisation issued in accordance with the legislation of a Member State of the European Union;

(b) it may demonstrate, in accordance with the requirements of this Law and the implementing legislation, that raw materials meeting the sustainability criteria laid down in the implementing legislation have been used in the production of biofuels.

(2) For liquid or gaseous products intended for the production of biofuels referred to in paragraph 1, compliance with the sustainability criteria shall be demonstrated by a partial declaration of compliance with the sustainability criteria issued by the manufacturer, importer or seller of those products. This declaration shall be issued by the manufacturer, importer and seller only if:

(a) hold the document referred to in paragraph 1 (a);

(b) may demonstrate, in accordance with the requirements of this Law and the implementing legislation, that a biomass meeting the sustainability criteria laid down in the implementing legislation has been used in the manufacture of its product.

(3) For biomass for the production of biofuels referred to in paragraph 1, compliance with the sustainability criteria shall be demonstrated by a partial declaration of compliance with the sustainability criteria issued by the seller or importer of biomass. This declaration shall be issued by the seller and the importer of biomass only if:

(a) hold the document referred to in paragraph 1 (a);

(b) it may demonstrate, in accordance with the requirements of this Law and the implementing legislation, that the sustainability criteria laid down in the implementing legislation have been met in the cultivation of biomass; to substantiate this, the biomass vendor or importer, who is the first person to buy biomass directly from the producer, the biomass grower, shall have a separate declaration of compliance with the sustainability criteria.

(4) Where a biomass vendor is also its producer and sells only biomass produced by it, compliance with the sustainability criteria can be demonstrated by a separate declaration by the growers of compliance with the sustainability criteria.

(5) The authorised person shall issue a certificate in accordance with paragraphs 1, 2 or 3 to a person who proves that he meets the sustainability criteria laid down in the implementing legislation and who has a quality system in place in accordance with the implementing legislation enabling the compliance of the sustainability criteria to be monitored and demonstrated in a credible manner in accordance with that law and the implementing legislation. Certificates shall be issued for a period of 12 months. The certificate shall contain a list of the countries from which the person who has been issued may withdraw biomass and other particulars provided for in the implementing legislation. If the person certified takes biomass from a non-listed country, the biomass shall be considered not to meet the sustainability criteria. The list of countries in the certificate is identical to the list of countries in the authorisation decision referred to in Article 15 (1) (f). The Ministry shall keep a list of bodies to which the authorised person has been certified in accordance with paragraph 1 (a), paragraph 2 (a) and paragraph 3 (a) and make it available in a way that allows remote access.

(6) The person issuing the declaration or sub-declaration referred to in paragraph 1, 2 or 3 shall use a mass balance system which complies with the requirements laid down in the implementing legislation to demonstrate the origin of biomass.

(7) The person issuing the declaration or sub-declaration referred to in paragraph 1, 2 or 3 shall enter in that declaration accurate, complete and true information. This person shall not be liable for the inaccuracy of the data contained therein if it is based on a sub-declaration of compliance with the sustainability criteria or a separate declaration by the biomass grower of compliance with the sustainability criteria submitted to him with the supply of biofuels or raw materials and which contained that inconsistency, provided that it can also demonstrate that the inconsistency of the data could not be established even with all the efforts that may be required.

(8) Biomass growers are required to provide accurate, complete and true data in the separate declaration referred to in paragraph 3 (b). In order to demonstrate compliance with the sustainability criteria, biomass growers shall keep records of the quantity of biomass sold corresponding to the separate declaration provided for in paragraph 3 (b) and shall keep the relevant documentation specified in the implementing act for a minimum period of five years. This documentation is provided by the biomass grower on request by the person authorised under § 15 (1) (f) and the Czech Environmental Inspection Office.

(9) A person who does not hold a certificate issued by an authorised person pursuant to Article 15 (1) (f) but has a certificate or other similar authorisation issued in accordance with the legislation of a Member State of the European Union may issue declarations or sub-declarations pursuant to paragraph 1, 2 or 3 only if it is registered with the Ministry. The Ministry shall enter the register without undue delay after having received the relevant documents issued in accordance with the legislation of the Member State of the European Union.

(10) Proof of compliance with the sustainability criteria referred to in paragraphs 1 to 4 may be replaced by a document issued in accordance with a decision of the European Commission issued on the basis of Article 18 (4) of Directive 2009 / 28 / EC or on the basis of Article 7c (4) of Directive 2009 / 30 / EC.

(11) The implementing legislation shall lay down the sustainability criteria for biofuels, the formalities for the certificates referred to in paragraphs 1 to 3, the formalities for declarations and sub-declarations of compliance with the sustainability criteria referred to in paragraphs 1 to 3 and the requirements for the separate declaration of biomass growers referred to in paragraph 3 (b), as well as the requirements for the quality system and the mass balance system ensuring compliance with the sustainability criteria, including those for the documentation of biomass growers referred to in paragraph 8.

HLAVA II

AIR PROTECTION

§ 4

Category and classification of sources of air pollution

(1) The sources of pollution are:

(a) mobile;

(b) stationary.

(2) Mobile sources of air pollution (hereinafter referred to as "mobile source of pollution") are self-propelled and other mobile and, where appropriate, portable equipment equipped with air pollution internal combustion engines, provided that such engines are self-propelled or are incorporated as an integral part of technological equipment. In particular,

(a) means of transport by road vehicles, railway vehicles and machinery, aircraft and vessels;

(b) non-road mobile machinery, such as compressors, portable construction machinery and equipment, bulldozers, forklifts, mobile lifting platforms, agricultural and forestry machinery, road maintenance equipment, snowploughs, snowmobiles and other similar equipment;

(c) portable tools fitted with an internal combustion engine, such as motor mowers and saws, pick-ups and other similar articles.

The conditions for protection of air from pollution caused by mobile sources of pollution are governed by specific legislation.4), 5), 8)

(3) A stationary source of air pollution (hereinafter referred to as "stationary source") is an incineration or other process plant which pollutes or may pollute the air, a shaft, a quarry and other surface with the possibility of the vapour, combustion or drift of pollutants, as well as the area on which work or activities are carried out which cause or may cause air pollution, the storage and landfill of fuels, raw materials, products, waste and other similar equipment or activity.

(4) Stationary resources are divided

(a) according to its effect on air quality on categories

1. particularly large,

2. big,

3. Medium and

4. small,

(b) according to technical and technological arrangements:

1. plants of combustion technological processes in which fuels are oxidized for the purpose of the use of released heat, hereinafter referred to as "combustion sources,"

2. waste incineration plants (7) and plants approved under Paragraph 17 (2) (c) for waste co-incineration; and

3. other stationary sources ("other sources").

(5) Combustion sources are classified according to heat input or power in the following categories:

(a) particularly large combustion sources which are sources of pollution with a rated thermal input of 50 MW or more, without taking into account rated heat output;

(b) large combustion sources which are sources of pollution with a rated heat output greater than 5 MW up to 50 MW not falling under point (a);

(d) small combustion sources which are sources of pollution with a rated heat output of less than 0,2 MW.

(6) The rated heat input or output of the same operator's particularly large, large and medium combustion sources shall be aggregated for the purpose of determining the source category or emission limits if:

(a) are located in the same room, building or operating unit;

(b) the combustion gases are discharged by a common chimney regardless of the number of chimney vents or, taking into account the layout and type of fuel used, they could be discharged by a common chimney.

(7) For the purposes of determining the source category, the rated heat output of small combustion sources of the same operator shall be aggregated provided that the combustion is discharged by a common chimney or technically feasible.

(8) Waste incineration plants (7) belong to a category of particularly large or large stationary sources and are distinguished by the type of waste incinerated

(a) hazardous waste incineration plants;

(b) municipal waste incineration plants; and

Combustion plants are classified in the category of particularly large stationary sources.

1. in accordance with point (a), where their nominal operational capacity is more than 10 tonnes per day of waste disposed of,

2. in accordance with point (b), where their nominal operational capacity is greater than 3 tonnes per hour of waste disposed of, or

3. in accordance with point (c), where their nominal operational capacity is greater than 50 tonnes per day of waste disposed of.

(9) Other sources include combustion plants for process heating, where the pollutants generated by the combustion of fuels are carried out together with the pollutants emitted by the technological process.

(10) An operator shall include a stationary source in the relevant category in accordance with this Act and the provisions issued for its implementation. In doubt whether it is a stationary source and its inclusion in the relevant category of stationary sources, the Czech Environmental Inspection Office ("the inspection ') shall decide on the basis of a proposal from the operator or on its own initiative or from another air protection authority.

(11) For technologies and equipment which have not yet been used in operation (newly introduced technologies), the Ministry will decide on the category of stationary source and emission limits.

(12) The implementing legislation provides for a way of classifying stationary resources into different categories.

§ 5

Allowed air pollution level, emission limits

(1) The permissible level of air pollution shall determine the emission limits for each pollutant or their specified group or odour, the permissible darkness of the smoke, the permissible level of odour harassment, emission ceilings and reduction targets for each pollutant or specified group of substances.

(2) Emission limits for stationary sources are broken down into:

(a) the general emission limits established for each pollutant or group of pollutants;

(b) the specific emission limits that are set for the listed stationary sources; the specific emission limits shall be established without taking into account the general emission limits for pollutants or their designated groups of significant emissions in terms of quantity and damage.

(3) Emission limits for products equipped with an internal combustion engine (Section 4 (2) (c)) are laid down in a separate legislative act. 4)

(4) Where several types of fuels are fired simultaneously in a particularly large, large or medium combustion source, emission limits shall be established on the basis of the supporting documents submitted by the inspection operator in accordance with the procedure laid down in the implementing legislation.

(5) Emission ceilings for selected pollutants for individual stationary sources and deadlines for achieving them are laid down in the implementing legislation referred to in Article 6 (3) or by the Regional Authority pursuant to Article 17 (9). The emission ceilings for all stationary sources or groups thereof in designated territories shall be laid down by the Government by its regulation. Air protection authorities shall take all measures to achieve the emission ceilings in accordance with the previous sentence, in particular when issuing opinions, binding opinions and authorisations pursuant to Article 17 and when deciding on modifications of authorisations pursuant to Article 53 (2) (b).

(6) For a stationary source provided for in the implementing legislation, the Regional Authority may, instead of complying with certain emission limits, impose an obligation on the operator to comply with a reduction plan for pollutants or, where applicable, odoriferous substances or measures to restrict the use of raw materials and products from which emissions of pollutants or odoriferous substances are generated (hereinafter referred to as the "emission reduction plan ').

(7) An operator of a stationary source referred to in paragraph 6 shall draw up a draft emission reduction plan to the extent provided for in the implementing legislation and submit it to the Regional Authority with an application for approval for its implementation.

(8) In the case of a stationary source provided for in the implementing legislation, the Regional Authority shall require the operator, instead of the obligation to comply with emission limits, to comply with the plan to implement the principles of good agricultural practice for a stationary source.

(9) Pollutant emission reduction plans and plans for the implementation of good agricultural practice principles for a stationary source shall be drawn up by the operator of the source referred to in the implementing legislation within the time limit and for a period fixed by the air protection authority, except for the plans for the sources referred to in Article 54 (7), which shall be drawn up for a period of 5 years.

(10) The operator of a stationary source referred to in paragraph 8 shall, to the extent provided for in the implementing legislation, draw up a draft plan for the implementation of the principles of good agricultural practice for a stationary source and submit it to the Regional Authority with an application for approval for its implementation. The implementation of this plan shall be deemed to fulfil the obligation to comply with the emission limits under this Act.

(11) The Regional Authority shall reject the emission reduction plan submitted and the good agricultural practice plan for a stationary resource if it is drawn up in contravention of this Act and its implementing legislation. The negative opinion shall state the reasons for the rejection and the deadline for the submission of the new draft plan.

(12) The implementing legislation establishes a list of pollutants, their designated groups, emission limits of general and specific, procedure for calculating emission limits in cases of simultaneous combustion of different types of fuels or co-incineration of waste with fuels, conditions for the operation of stationary sources, criteria for compliance with these conditions and compliance with emission limits including methods of sampling and measurement, permissible darkness of smoke, odour and odour numbers, the necessity and manner of processing of the emission reduction plan and the plan for the implementation of the principles of good agricultural practice at the stationary source and group of sources for which those plans are being processed.

§ 6

Allowed level of air pollution

(1) The permitted level of air pollution shall determine the values of the limit of imitation, the tolerance limits and the frequency of overshoot and the values of the target limit for each pollutant. In the case of tropospheric ozone, the permitted level of air pollution shall be determined by the target limits and long-term objectives. The emission limit shall not be exceeded by more than the tolerance limit and the specified frequency of excess. Imission limits are binding on air protection authorities in their activities.

(2) The Ministry shall, in cooperation with the competent central administrative authorities, develop draft national programmes for reducing emissions of those pollutants or their designated groups for which emission ceilings or reduction targets and deadlines have been established to achieve them in order to improve air quality by achieving the limits of individual pollutants or their designated groups. National emission reduction programmes shall also be drawn up for pollutants which do not have emission ceilings or reduction targets, but which exceed the limits.

(3) The draft national programmes drawn up in accordance with paragraph 2 and submitted by the Ministry shall be approved by the Government by a resolution, with the exception of the national emission reduction programme of the existing particularly large combustion sources issued by the Government by its regulation. National programmes are updated every five years.

(4) The programmes referred to in paragraphs 2 and 5 may be implemented on the basis of agreements between air protection authorities and fixed-resource operators or persons set up by them to deal with problems related to local adverse climatic and dispersion conditions and, where appropriate, with other effects on the immigration situation. Under the agreement, the operator may accede to the stricter emission limits, without prejudice to the provisions of Paragraph 17 (2) (f).

(5) The Regional Authority shall, for its territory, develop a regional programme for reducing emissions of pollutants or their designated groups and the municipal authority may process a local programme for reducing emissions of pollutants or their designated groups for its territory, with a view to improving the air quality, in particular by achieving the limit values for individual pollutants or their designated groups. Regional emission reduction programmes must comply with national programmes and local emission reduction programmes must comply with national programmes as well as regional emission reduction programmes. The content of the national, regional and local emission reduction programme is set out in Annex 2 to this Act.

(6) The counties and the municipalities of the Delegated Regulation issue regional and local emission reduction programmes. Information on regional and local emission reduction programmes shall be provided on the official plates of the relevant region and the relevant municipality together with the notification where they can be consulted and shall be published in electronic form in a publicly accessible information system. The implementation of these programmes shall be continuously monitored and evaluated by the regional authorities and the municipal authorities.

(7) The emission reduction programmes referred to in paragraph 6 shall be based on the performance of public administration at regional and local level, in particular on spatial planning, territorial decision-making and the authorisation of buildings or their modifications, and on the assessment of projects which may significantly affect air purity, or development concepts and programmes for the development of individual disciplines and sectors. 9)

(8) The Ministry ensures air quality monitoring throughout the Czech Republic. The Ministry may entrust air quality monitoring with the legal person established by it.

(9) The implementing legislation sets out the method for monitoring air quality, including methods of sampling, measurement, evaluation and other technical requirements; Furthermore, they shall set the limit of imitation and tolerance limits for each pollutant or group of pollutants set, the permissible frequency of exceeding the limit of imitation, the target limit, the long-term objectives and the deadlines for achieving them, binding emission ceilings, reduction targets, pollutants or specified groups of substances for which annual emission inventories and annual emission projections related to the 2010 target year will be prepared and the requirements for the preparation and implementation of emission inventories, emission projections and emission reduction programmes.

§ 7

Special air protection

(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) The air protection authorities shall ensure that concentrations of pollutants are maintained below the limit values in zones or conurbations where there are no air quality degraded areas.

(4) The definition of the areas referred to in paragraph 1 and any changes thereto shall be carried out by the Ministry once a year and published in the Ministry of the Environment Bulletin. The Ministry will further publish a list of zones and conurbations.

(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.

(9) The air quality improvement programmes referred to in paragraph 6 shall be based on the performance of public administration at regional and local level, in particular on the planning, zoning and authorisation of buildings or their changes, and on the assessment of the environmental effects of construction or technology under specific legislation. 9)

(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.

(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 the conditions laid down in the implementing legislation.

§ 7a

Low emission zones

(1) In the specially protected territories (9b), the spa sites (9c), or where any of the limits laid down in the implementing legislation have been exceeded, the municipality may, in its territory or part thereof, provide for a 9d zone with restrictions on the operation of motor road vehicles (the "low emission zone") in accordance with the procedure laid down in that law and implementing legislation.

(2) The municipality in the Regulation will define the territory of the low emission zone and the emission categories of vehicles authorised to enter that zone. In the event of a smog situation under Paragraph 8 (1), the municipality may establish special conditions for the operation of the low-emission zone, in particular to tighten up the emission categories of vehicles which may enter the low-emission zone for the duration of the smog situation. A low-emission zone may be established on the transit section of the motorway or road (9e) only if there are other motorways or roads of the same or higher class (9e) in the territory of the municipality outside the low-emission zone or outside the built-up territory of the same or neighbouring municipality where the same transport links can be established.

(3) The municipality in the regulation on the publication of the low emission zone provides for its effectiveness not earlier than 12 months after its publication. The municipality shall inform the Ministry of the adoption of the regulation no later than one month before its entry into force.

(4) Local road traffic arrangements in the low emission zone shall be determined by the competent authority in accordance with the procedure laid down in other legislation9f. The start and end of the low emission zone shall be marked with a vertical road sign in accordance with another legislation (9f) which, in addition to the relevant restriction, defines vehicles with emission categories which are permitted to enter the low emission zone. Entry into the low-emission zone shall be permitted only for road motor vehicles marked with an emission plaque indicating the relevant emission category under the implementing legislation and in accordance with the conditions laid down by the relevant transport sign. The infringement of this obligation is an infringement under another legal provision 9g). The exceptions are set out in Annex 4 to this Act. The production and distribution of emissions plaques shall be provided by the Ministry, which may delegate the activity to another person. The issue plaque shall be issued for consideration, the amount of which shall be laid down in the implementing legislation.

(5) At the request of the vehicle operator, the authority of the municipality which has designated a low emission zone by its regulation may authorise a temporary or permanent individual exemption for the following reasons:

(a) the disease, helplessness or other disability of a person who does not fulfil the conditions for the granting of a designation to a person severely disabled;

(b) the working hours of the applicant for a derogation which do not allow the transport of public transport;

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Regulation Information

Citation	Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Act on Air Protection)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	12.03.2002
Effective from	01.06.2002
Effective until	-
Status	Valid

Legal Areas: Customs law Taxes Finance Economic (State) International law International public law Fees Self-administration Administrative law State (official) control Constitutional (state) law Territorial Authority Environment

The regulation text is for informational purposes only.