APPLICATION AND EFFECTIVENESS OF THE SEA DIRECTIVE (DIRECTIVE 2001/42/EC) CZECH REPUBLIC LEGAL AND ORGANISATIONAL ARRANGEMENTS 1 This summary provides basic information on the legal, administrative and policy context regarding the SEA system in a Member State. It describes the legal and administrative framework supporting the implementation, including the organisational arrangements as well as a description of the SEA procedural obligations in place. Legal and organisational arrangements 1. Legal framework The SEA Directive is transposed by the Act No. 100/2001 Coll., on environmental impact assessment (the EIA Act). This is a framework act for both EIA and SEA procedures, which has been amended several times and new modifications are being prepared currently, their entry into force is expected in 2017. The SEA procedure is regulated by the provisions of 10a - 10j of the mentioned act. As regards land use plans and principles of land use development (for the region), Act No. 183/2006 Coll., Building Act, significantly simplified and integrated the SEA procedures into the land use planning procedures. General matters which are not regulated by the SEA legislation nor by the special legislation such as the Building Act, are stipulated by Act No. 500/2004 Coll., Code of Administrative Procedure. 2. Organisational arrangements in place. Authorities participating in the SEA SEA procedure can be initiated simultaneously with the preparation of a Plan or Programme (hereafter P/P), or it can be launched after. According to the national SEA expert it is always recommended that the process of preparing the P/P and SEA should be carried out simultaneously. In any case SEA procedures' outputs are always reflected in the final P/P in accordance with the Czech law. Several authorities are involved in the SEA procedure in the Czech Republic. These are: The competent authorities the Ministry of the Environment of the Czech Republic or a Regional Authorities in whose territorial jurisdiction a P/P is being drawn up. These authorities are responsible for leading the SEA procedure. The concerned administrative authority authority that represents the interests protected by the special legal regulations and whose jurisdiction at least partly corresponds to the affected territory. One of them is in any case the Czech Environmental Inspectorate. 1 The information in this summary fiche should be read in conjunction with the national transposition measures that the Member State communicated to the European Commission: http://eur-lex.europa.eu/legal-content/en/nim/?uri=celex:32001l0042&qid=1487172800769 1
The concerned local government the local government whose jurisdiction at least partly corresponds to the affected territory. It represents the interests of its self-governing territory in terms of environmental protection. The SEA procedure operates through a centralised, hierarchical system, the parties involved depend to a great extent on where the strategic P/P is to be implemented. SEA is usually performed for P/Ps at the national, regional and local level. SEA PROCEDURE - STAGES This part describes how a Member State handles the key stages of SEA (screening, scoping, baseline reporting, alternatives, impacts and preparation of the environmental report, consultation and public participation, and monitoring). Main stages of SEA implementation approach 3. Screening 3.1. Plans and programmes subject to the SEA Directive and exceptions The transposing EIA Act includes a list of areas, where environmental impacts assessment is mandatory ( 10a para 1 letter a). This list goes beyond the requirements of the list in the Article 3 para 2 letter a) of the SEA Directive as it also includes the field of regional development or environment including nature conservation. With regards to the Article 3 para 2 of the SEA Directive, the exact phrase "set the framework for future development consent of projects " is not further defined in the Czech law. Definition is interpreted extensively and it is fully in line with the SEA Guidance. With regards to the Article 3 para 3 of the SEA Directive, the phrase "small areas at local level" is defined in the EIA Act as the areas consist of a territory of a single municipality. Potential need for undergoing SEA assessment of the respective P/P in the territory of one municipality is determined on the basis of the screening and scoping procedure. The phrase "minor modifications to plans and programmes is not defined in the transposing Czech legislation. The screening and scoping procedure is conducted for every modification of the P/P regardless of whether the modification is small or not. In the case of updates to the P/P for the new programming period, P/Ps are considered as a new ones and they are therefore subject to the whole SEA procedure. In the case of changes within existing P/Ps, a screening procedure is carried out to decide whether a SEA needs to be conducted. The requirement for undergoing the whole SEA procedure is applied in cases where substantive changes in P/P s goals and measures or activities are made in the P/P or if new measures that set a framework for future development consent of projects pursuant to 2
3.2 Screening approach and criteria (Annex II of the SEA Directive) 4. Scoping Annex No. 1 of the EIA Act are added. SEA Unit of the Czech Ministry of the Environment has currently drafted Methodological recommendations to the competent authorities in the SEA procedure where the phrases mentioned above are explained in detail. The EIA Act only includes a list of areas in which P/Ps are subject to the environmental impact assessment (in the extent consistent with the SEA Directive, moreover there is the field of regional development or environment including nature conservation ). The objective of the scoping and screening procedure is described in 10d of this Act. With regards to determining whether P/P will be a subject to the SEA procedure, a case-by-case approach is used. With regards to the Article 3 para 5 and the definition of the screening criteria, Annex II of the SEA Directive is followed. The EIA Act goes beyond the screening criteria provided in Annex II of the SEA Directive, as it also contains: purposefulness of the set alternative solutions to achieve the envisaged objectives of the P/P; impact of the P/P on sustainable development of the affected territory (including socio-economic aspects); importance and vulnerability of the area that is likely to be affected, with regard to the population density, settlement and degree of urbanisation; anticipated benefits of assessment of the P/P in relation to assessment of other P/Ps drawn up at different levels in the same area. 4.1 Scoping approach The objective of the scoping and screening procedure is to further specify the content and scope of the environmental report (evaluation of the effects of a P/P on the environment and public health). The scoping and screening procedures are merged, if both apply. The determination of the scope of the assessment is done at the stage of screening and scoping procedure in the conclusion formulated by the competent authority. This particularly concerns the nature of the P/P, identified possible significant negative impacts on the environment, and statements received from the concerned authorities and the public as a part of the screening and scoping procedure. In accordance with the EIA Act the scoping procedure is conducted by the competent authority within 35 days. Starting from the date of publication of the P/P the public and the concerned authorities have the possibility to express their opinions. The 20-day consultation period is fixed and cannot be shortened. Following the 20-day consultation period, the competent authority has 15 days to conclude whether a full SEA procedure will be carried 3
out for the P/P and to specify the content and scope of the environmental report. 5. Alternatives and baseline reporting 5.1 Definition of alternatives and assessment of alternatives in practice/types of alternatives The definition of reasonable alternatives is not established in the Czech law. According to 10d of the EIA Act the competent authority may require (in its conclusion of the screening and scoping procedure) the reasonable alternatives of P/P to be elaborated. In the cases of assessing alternative(s) the submitted alternative is always compared with a zero alternative ( current state or do nothing ) at least. 5.2 Baseline reporting Requirements for the environmental report described in the Annex I letter b) were transposed in to the Annex 9 of the EIA Act. The level of detail of the description of the current environmental situation (baseline study) in the environmental report is quite extensive and it consists of the text and graphical part. Czech Methodological Guidances were issued in 2004 and 2015 to set the criteria for the description of the current environmental situation. Expected evolution of the environment without implementation of the P/P is described as an extrapolation of current development trends. As a basic background documents can be used: The environmental report of the Czech Republic issued by the Ministry of the Environment annually and other documents such as planning analytical materials (regional analytical documents), map sources from Czech Office for Surveying, Mapping and Cadastre, statistical reports of Czech Hydrometeorological Institute, Agency for Nature Conservation and Landscape, Czech Geological Survey, Water Research Institute, etc. 6. Preparation of the environmental report and non-technical summary 6.1 Content of the environmental report and the non-technical summary The environmental report is an integral part of the P/P. Documents (P/P + report) are sent to the competent authority, which transmits them to the competent municipalities for publication. The competent authority shall also publish them online on the Information system of SEA. In addition to the information required by Annex I of the SEA Directive, pursuant to Annex No. 9 to the EIA Act, the environmental report has to contain: a) description of measures to be taken to prevent, avoid, reduce or offset significant adverse impacts on the environment identified or assumed during the implementation of the P/P b) determination of the indicators (criteria) for selection of the project 4
c) impact of the P/P on public health d) non-technical summary of the above information e) summary settlement of requirements set out in conclusion of the scoping and screening procedure and comments received on the P/P in terms of impact on the environment and public health f) conclusions and recommendations including draft statement on the P/P All in all, all elements listed in Annex 1 to the SEA Directive are covered by Annex No. 9 to the EIA Act. 7. Consultation and public participation 7.1 Designation and identification of the concerned authorities and the public 7.2 Consultation and public participation at different stages of SEA "Public" is defined in the Czech law as "one or more persons". Everyone may submit comments within the SEA procedure. All statements or comments received in all phases of the SEA procedure within given time period are taken into account by the competent authority regardless of whether they were submitted by a natural person or an NGO. Pursuant to the general definition in 3 letter e) of the EIA Act, concerned administrative authority means the administrative authority that defends the interests protected by special regulations and whose administrative district at least partly belongs to the affected territory, and the Czech Environmental Inspectorate. Concerned authorities are defined in separate legislation and its distinction. According to the size of the territory for which the P/P is being prepared there are several authorities concerned. As an example, hereafter is the list of authorities concerned for the P/P of the territory of one region: The regional health authorities, district mining offices, environmental departments of regional authorities, the regional department of nature conservation authorities, the management of protected landscape areas within a given region, the regional inspectorates of the Czech Environmental Inspectorate, etc. Public can express its opinion by sending comments to the competent authority and by participating in a public hearing. At the same time, all crucial documents of all SEA procedures being held in the Czech Republic including the transboundary P/Ps are also available in the Information system of SEA (http://portal.cenia.cz/eiasea/view/sea100_koncepce). In the case of transboundary process the Czech Republic as affected Party usually publishes all received documents. The documents are published at each level of the SEA procedure. In general everyone may submit comments, no one is denied the opportunity to submit their comments. All statements or comments received in all phases of the SEA procedure within given time period are taken into account by the competent authority. The competent authority transmits the documents for publication on the official boards to concerned administrative authorities based on the geographical location and envisaged impacts 5
7.3 Methods and duration of public consultation of the P/P. With regards to providing information to the public about the reasons for non-undertaking the SEA according to the Article 3 para 7 of the SEA Directive - all P/Ps, which set the framework for future development consent of projects, are subject to screening and scoping procedure, in which the public has full access (the P/P are published on the boards and on the internet and the public has the possibility to comment) to all documents, including the conclusion of the screening and scoping procedure in which the competent authority states the reasons for requiring or not requiring the whole SEA procedure. Pursuant to the article 10f of the EIA Act, public hearing on the draft P/P may not be held prior to expiry of 30 days of the date of submission of the draft P/P to the competent authority. Not later than within 5 days of the date of holding public hearing on the draft P/P, the submitting party shall be obliged to send minutes of public hearing to the competent authority and, simultaneously, publish them on the internet. The public can submit comments within 5 days of public hearing. Other additional non-compulsory public hearings and discussions might be organised beyond the statutory time frames for submitting opinions. This depends on the submitter s willingness and on the nature of the P/P in question. With regards to the Article 9 of the Directive, the approving authority is obliged to publish the approved P/P and to inform concerned authorities of this publication. In addition, the approving authority is obliged to make available to the public the reasoning why respective requirements and comments resulting from the final SEA statement on P/P were not taken/only partially taken into account (see art. 10g para 5 of the EIA Act). The public has the opportunity to participate in all phases of the SEA procedure. The public has the right to send their comments during 20 days of the publication of P/P in the screening and scoping phase. This goes beyond the requirements of the SEA Directive. Another method of involving the public in the whole procedure is by means of organising public hearings. More about public hearing see answer above on question 7.2. 7.4 Transboundary consultation Czech Republic, as a party of origin, notifies to the affected Party the draft P/P and the environmental report. The common procedure is to inform the affected Party when the environmental report has been prepared, not excluding a significant effect on the territory of a neighboring country. But there are some cases, especially important national P/Ps focused on energy or transport, when the Ministry of the Environment notifies a neighboring country during scoping. Then the neighboring country may comment on P/P at this early stage of assessment. 8. Monitoring 6
8.1 Monitoring arrangements The requirement for monitoring the significant environmental effects of implementing P/P is set out in 10g para 5 and 10h para 1 of transposing EIA Act. If the submitting party discover that implementation of the P/P has an unforeseen significant adverse impact on the environment or public health, it shall be obliged to provide for the adoption of measures to prevent or mitigate such impact, inform the competent authority, and the affected administrative authorities thereof and, simultaneously, make a decision on a change of the P/P. 7