The Government has approved an amendment to the Act on EIA
Press release: 23.11.2011
At its meeting today, the Government approved a draft Act presented by the Ministry of the Environment, amending the Act on Environmental Impact Assessment (EIA). The submitted draft is intended to provide for full and proper transposition of the relevant European Directive.
The EU Court of Justice has already found against the Czech Republic in this matter for incorrectly implementing the EIA Directive into the domestic legislation. The submitted amendment is a response to criticism raised by the European Commission within the penalty procedure, i.e. the phase following issuing of an unfavourable finding. The European Commission criticises the Czech Republic that, although the possibility of taking legal action against a decision pursuant to Section 23 (10) of the Act was introduced by the amendment to the Act with effect from 11 December 2009, no such possibility of court protection exists in relation to environmental impact assessment processes occurring prior to this date.
Approval of the submitted amendment to the Act unambiguously indicates that, in the framework of a legal action against the follow-up procedure, it is also possible to contest before the courts environmental impact assessment processes that were commenced prior to 11 December 2009. Adoption of the draft Act substantially increases the chance that existing infringement proceedings will be discontinued by the European Commission, and the Czech Republic will thus avoid substantial financial consequences.
Michaela Jendeková, tiskové oddělení MŽP
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