Czech Republic

III. Conclusions

The Ministry of the Environment of the Czech Republic, in the framework of its jurisdiction, has completed the following steps in the law approximation process:

A database was completed which contains all EU provisions related to the environment. The database is being continuously amended and expanded, and the provisions are being translated into Czech. The database also includes short summaries of the contents of some provisions and the characteristics of others, for example the current level of harmonization with EU law and full bibliographical identification.
Translations into English of most Czech environmental provisions and other important documents have been completed and are available at the library of the Ministry of the Environment. Translations of other documents in English are being continuously amended, and likewise available are many translations into Russian and German.
To speed up the process of harmonization and approximation, technical assistance is also being utilized in the framework of the PHARE Program. The main advantage of this is the opportunity for rapid, informal and highly professional discussions with experienced EU consultants.
In the framework of the Environmental Care Program (promulgated yearly by the Ministry of the Environment), many problems are being solved, especially with regard to the need for quick draft laws on the complex handling of chemicals, on waste management, and on responsibility for environmental damage.
A tender procedure for the PHARE project "Implementation of the European Agreement for the environmental strategy and policy of the Czech Republic" has been finished and the project has begun. It aims at the suitable use of economic tools and instruments in environmental protection, care, and improvement (with the emphasis on the implementation of EMAS and other voluntary agreements), at the processing of documents of the EU intergovernmental conference in 1996, and at the comprehensive processing of working documents of the European Council on the Environment.

It is possible to say quite unambiguously that the only difficulties in the process of harmonization of the Czech and EU legal systems are as follows:

The introduction of new and advanced technologies is costly and demanding (framework directives, integrated pollution prevention and control). Reconstruction of the economy of the Czech Republic is also very demanding and has not been completed. Voluntary agreements with manufacturers and companies and other support of all voluntary and inexpensive measures by the state administration could properly assist in overcoming this transient period. Although the Czech Republic does not want to substitute legal norms with voluntary agreements, it regards them at least as a proper starting activity.
The Czech Republic is changing not only the structure of its economy, but also of its legal system. Many new bills are now before parliament and thus some delays could occur. Further, environmental protection and control assumes many inter-sectorial or inter-ministerial negotiations.

An initial analysis of the EU legal system showed that approximately 65 percent of the content of environmental provisions are compatible (i.e., of all provisions, not only those in the "minifiches" of the White Paper). It is ever necessary to keep in mind, meanwhile, that some acts of law are currently entirely absent in the Czech Republic (see above). The process of approximation of Czech and EU law demonstrates good progress.

Environmental Regulation of Constitutional Character in the Czech Republic

criteria	assessment
1. Has the Constitution any direct reference to environmental protection
as a priority state objective?	yes
a human right?	yes
2. Environmental regulation is based upon a framework environmental act?	yes
3. Environmental regulation is based upon
a general environmental policy adopted by the parliament or government?	yes
a relatively detailed environmental program adopted by the parliament or government?	no
a general environmental concept that has not really been adopted by a regulatory body?	no
4. Are there any specific provisions in the association agreement concerning the environment?	yes
5. Is there a central government organ specializing in environmental protection
a ministry?	yes
a central authority (inspectorate)?	yes
6. Is there a specific administrative authority system for environmental protection in the country?	no
7. Is there an advisory body to the government on environmental matters?	no
8. Are there any specific provisions concerning environmental liability
in the Civil Code?	yes
in the Criminal Code?	yes
in the general administrative law?	yes
in privatization laws?	yes

Assessment of the Compliance Level of EU Environmental Legislation in the Czech Republic

GENERAL POLICY
criteria	score	weight	level of compliance
1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection	0.67	0.15	0.1000
2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws?	1.00	0.05	0.0500
3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control?	0.67	0.10	0.0667
4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general?	1.00	0.15	0.1500
5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation?	1.00	0.15	0.1500
6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process?	0.67	0.15	0.1000
7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations?	0.67	0.05	0.0333
8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting	0.00	0.05	0.0000
9. Is there an environmental fund existing as a separate state fund? as part of other funds?	1.00	0.10	0.1000
10. Is the concept of IPPC reflected in environmental policy/legislation?	0.33	0.05	0.0167
Total			0.77

AIR

criteria score weight level of compliance

1. Are there any plans for improvement of air quality? 0.67 0.20 0.1333

2. Are there specific regulations for point sources? 1.00 0.10 0.1000

3. Are there specific regulations for mobile sources? 1.00 0.10 0.1000

4. Does the BATNEC as a general requirement appear in air pollution regulation? 0.00 0.10 0.0000

5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? 0.00 0.10 0.0000

6. Are there any specific regulations for greenhouse gas emissions? 0.67 0.10 0.0667

7. Are there any specific regulations for waste incineration plants? 0.67 0.10 0.0667

8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? 0.67 0.20 0.1333

Total 0.60

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY

criteria score weight level of compliance

1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? 0.33 0.15 0.0513

2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? 0.33 0.15 0.0513

3. Are the dangerous industrial activities reported and controlled? 0.33 0.15 0.0513

4. Are internal/external plans for emergency responses for dangerous industrial activities required? 0.33 0.15 0.0513

5. Is the public informed on dangerous activities and emergency response plans? 0.00 0.12 0.0000

6. Are there some similar regulations like Good Laboratory Practice or other qualifications? 0.67 0.12 0.0769

7. Are there any regulations like those in connection with GMOs or GMMOs? 0.00 0.08 0.0000

8. Does the risk assessment appear
in case of chemical substances?
in case of dangerous activities? 0.33 0.08 0.0256

Total 0.31

NATURE CONSERVATION

criteria score weight level of compliance

1. Is nature conservation based mostly upon the regulation of protected species and protected areas? 1.00 0.50 0.5000

2. Do the new elements of nature conservation such as natural habitats appear in law? 0.33 0.50 0.1667

Total 0.67

NOISE

criteria score weight level of compliance

1. Are there any specific noise pollution regulations in terms of motor vehicles? 0.33 0.50 0.1667

2. Are there any specific product standards for noise emission of household appliances? 0.00 0.50 0.0000

Total 0.17

WASTE

criteria score weight level of compliance

1. Is waste management regulated by law? 0.67 0.15 0.1026

2. Do waste management regulations cover waste management plans? 0.67 0.15 0.1026

3. Are waste management regulations developed for
hazardous wastes?
other wastes? 0.67 0.15 0.1026

4. Do waste management activities require a specific permit? 0.33 0.15 0.0513

5. Do hazardous waste incineration plants have specific regulation? 0.67 0.12 0.0769

6. Are there specific requirements for the landfill of wastes? 0.67 0.12 0.0769

7. Does BANTEC form a part of the general waste management regulations? 0.33 0.08 0.0256

8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? 0.33 0.08 0.0256

Total 0.56

WATER

criteria score weight level of compliance

1. Does water protection cover the water discharges? 0.67 0.17 0.1111

2. Are there specific water quality requirements for different water uses, like drinking or bathing water? 0.67 0.17 0.1111

3. Are there regulations for protection of groundwater against pollution? 0.67 0.17 0.1111

4. Are water quality requirements for the general ecological quality of water reflected in national legislation? 0.00 0.17 0.0000

5. Are water quality standards laid down? 0.67 0.17 0.1111

6. Is a monitoring system set up for water quality control? 1.00 0.17 0.1667

Total 0.61

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