Commission Report (2002): Czech Republic

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 22: Environment

Progress since the last Regular Report

Since the last Regular Report, good progress has continued as regards the transposition and implementation of the environmental acquis. Concerning the reinforcement of administrative capacity some progress has also been achieved.

As regards the integration of environment into other policies, the government adopted a national strategy for sustainable development in the second half of 2001, which aims to be in line with the 6th Environmental Action Programme.

Concerning horizontal legislation, secondary legislation on environmental impact assessment was adopted and came into force in January 2002. The Czech Republic ratified the Kyoto Protocol in November 2001.

In the area of air quality, the Act on Air Protection adopted in February 2002, entered into force in July 2002 and aims to transpose the acquis relating to air pollution, protection of the ozone layer and climate change. The requirements for the preparation of action plans in zones or agglomerations within which limit values for certain pollutants have been exceeded have also been incorporated in the new Act. All secondary legislation in the field has been adopted. Implementing legislation defines limit values, emission ceilings, and limits.

In the area of waste management, framework legislation and some implementing legislation is in place. The Act on Waste and the Act on Packaging Waste came into force in January 2002, together with a number of implementing decrees defining selected waste streams, and transposing the European waste catalogue, obligations on hazardous waste and the labelling of batteries. Measures to ensure that waste is recovered or disposed of without endangering human health are in place. The list of wastes and the rules for handling hazardous waste ensure that no abandonment, dumping or uncontrolled disposal of waste takes place. The permitting system has also been established. A nation wide collection system has been set up for packaging waste plastic, glass, paper and some metals. Periodic inspections are carried out by the Czech Environmental Inspectorate. The Centre for Waste Management, which was established in autumn 2001, has so far recruited 26 staff members. It is preparing the waste management plans and designing the waste information system. The centre is also responsible for the shipment of waste. About 41,5 mio tonnes of waste per year are generated. Waste is mainly disposed in landfills and incinerated, whereas the recycling rates are low. Implementing guidelines and concrete action plans remain to be developed in order to ensure the efficient application of new legislation by the responsible authorities. The use of untreated sewage sludge in agriculture is prohibited, a monitoring system has been established.

In the field of water quality, a number of implementing decrees were adopted. An assessment of data necessary for the monitoring of dangerous substances as well as a preliminary identification of polluters of List I and II substances and their registers has been carried out. A system for the authorisation of List I substances to waters and to sewers is in place.

In the field of nature protection, no progress can been noted with transposition of legislation. The necessary information for the selection of special protected areas under the Birds Directive has been selected.

Concerning industrial pollution control and risk management, the Act on Integrated Pollution Prevention and Control was adopted in February 2002, and is scheduled to enter into force in January 2003. Important progress has been achieved with the setting up of a clear permitting procedure as well as the establishment of the IPPC Agency within the Czech Environmental Institute, with a total staff of 12 persons. Training of staff in the regional authorities and the departments of the state administration has started. Inspection and enforcement will be carried out by the Czech Environmental Inspectorate, which has a high level of expertise. A new category covering large combustion plants has been introduced in the new Air Act. Approved monitoring methodologies, a certain licensing system as well as programmes to reduce emissions from large combustion plants are already in place.

In the field of chemicals and genetically modified organisms, secondary legislation has been adopted over the past year. Furthermore, the Act on Biocides and related secondary legislation entered into force in July 2002, aiming to transpose the acquis in this field. Progress has also been achieved regarding implementation on biocides with the establishment of an Authorisation Authority as well as the related procedures and a system concerning the classification, packaging and labelling of biocides. As regards ozone depleting substances in 2002 a reduction and, in specified cases, ban of using HCFC has been introduced. A system for recycling ozone depleting substances has also been introduced.

Concerning noise, a Government Regulation laying down technical requirements for products concerning emissions of noise, came into force in April 2002. The legislation aims to fully transpose all EU obligations in this sector. Good progress on implementation has been achieved. The inspection system checking that appliances are correctly labelled as we all the corresponding enforcement system has been established.

In the field of nuclear safety and radiation protection, the amendment of the Atomic Act, adopted in December 2001, came into force in July 2002 together with some secondary legislation, aiming to fully transpose the acquis in the area of radiation protection and emergency preparedness. Through these legislation obligations for the shipment of radioactive waste has also been transposed. (see chapter 14: energy)

The current national implementation plan for environment was updated at the end of 2001.

The Czech Republic has carried out a range of actions to develop its administrative capacity in the field of environment. The administrative reform is ongoing. The Act on Municipalities was adopted in June 2002, which should help determine the need for human and financial resources as certain environmental responsibilities are taken over by authorised municipalities from the districts in January 2003. Over the past year, regional authorities have hired additional staff responsible for environmental issues. At the central level, the Ministry of the Environment employs 435 people at its headquarter in Prague and 115 people in its regional departments. It hired during the reporting period 40 members of staff for various technical units. On average, there are ten persons working on environmental issues in each of the 14 new regional authorities.

The Czech Environmental Inspectorate, the main responsible authority for the enforcement of environmental legislation, carried out about 19,500 inspections in 2001 and imposed 2,627 fines worth approximately EUR 2.1 million. The actual level of fines was substantially reduced by the Ministry of the Environment during appeal procedures. In 2001, of the total of appeals to the Ministry of the Environment an average of 55% of the fines were confirmed, 25% of the fines were reduced and 20% of the fines were cancelled. Enforcement has been strengthened with the amendment of the criminal Law which now defines particular acts of non-compliance with nature protection legislation as a crime. Through the amendment it also became possible to fine natural persons and not just legal persons.

Overall assessment

While the Czech Republic has achieved considerable alignment with the EC environmental acquis, it still needs to adopt legislation in order to complete transposition in the fields of horizontal legislation (environmental impact assessment), waste management (titanium dioxide, implementing legislation), industrial pollution and risk management (implementing legislation), water quality (alignment of the Public Health Act and the Water Act, implementing legislation), and nature protection (transposition of the habitats and birds directives). Close attention should be paid to the implementation of the acquis with regard to horizontal legislation (co-ordination among different permitting systems such as nature and IPPC, implementing guidelines), air quality (preparation of programmes, enforcement in existing installations), waste management (implementing guidelines, waste management plans), water quality (clarification of competencies and co-operation, upgrading of monitoring systems, application of the permits for List I substances), nature protection (management and protection of habitats), industrial pollution and risk management (permitting of new installations, guidelines for major accident hazards) and chemicals and GMOs (funding of laboratories) as well as staff training in all sectors and strengthening of lower level administrations.

Concerning horizontal legislation, the main responsibilities and consultations procedures have been established. Despite some staff strengthening, implementing authorities need further guidance, training and resources. co-ordination among the different permitting procedures, in particular as regards implementation of Article 6 of the Habitats Directive is still necessary.

As regards air quality, the monitoring network appears largely sufficient. The public is regularly provided with information on air quality. Action plans are being drawn up to indicate short term measures to be taken where there is a risk of alert thresholds being exceeded. Main enforcement measures are in place but need upgrading to also cover existing industrial plants. To improve implementation, the mechanisms required to reach established emission ceilings need to be clarified and implementing authorities need guidance on how to achieve the emission ceilings as well as to perform and enforce emission reduction plans and air quality improvement plans. As a first step, a national emission reduction programme and regional programmes need to be prepared.

As regards water quality, further efforts are required to ensure the alignment of the Public Health Act and the Water Act with the acquis. A very fragmented monitoring system is in place. In order to fully align the system upgrading is necessary in particular as regards groundwater, drinking water, dangerous substances and nitrates is necessary. The legal system for permitting, inspections and enforcement is clearly established, but responsibilities are divided among a very high number of institutions. For drinking water, surface waters for abstraction are identified, but small distribution systems are not yet included in the monitoring system. For nitrates, steps for implementation have been undertaken, including the ongoing work on the establishment of vulnerable zones, and action plans for pilot projects on some farms as well as the pilot projects for the establishment of the code of good agricultural practice. A reduction programme for List II substances remains to be established and permits for dangerous substances still need to be reviewed.

The principle of integration requires continuous attention both at national and local level. The Czech Republic needs to continue integrating environmental protection requirements into the definition and implementation of all other sectoral policies so as to promote sustainable development.

The Czech Republic`s administrative capacity to implement the EC environmental acquis still requires attention. In general, institutional arrangements for environmental protection and enforcement have long been in place and the competencies for the main requirements of the acquis have been identified. However, the existence of a large number of institutions dealing with environmental issues does not contribute to an efficient allocation of resources or clear administrative responsibilities. The Czech environmental administration employs a very high number of staff with a good technical knowledge in particularly at the national level as well as in the specialised environmental institutions. Whereas the national level as well as specialised environmental bodies seem very well staffed in terms of numbers, the staff resources at regional and local level seem quite low. While the setting up of the new three tier administrative structures has started well, the lack of clear allocation of competencies and overlapping seems to continue since the reform has not been based on a holistic approach, considering only the division of competencies among the different governmental levels. There is a need to establish decision-making procedures, co-operation and co-ordination among different governmental bodies at all levels in particular in the water sector. At the regional and local level, enforcement and application of environmental legislation need to be further improved by additional staff, financial support, equipment and well defined division of competencies as well as guidance provided by the central administration.

Permitting procedures and conditions are well established by primary or secondary legislation. The current system is based on a multi-media approach, involving several institutions. Once the new IPPC Act is in force one integrated permit will be issued for each IPPC installation issued by the regional authorities. For non-IPPC installations a multi-media approach will continue. The timely issuing of integrated permits will be a main challenge because permitting staff can only be recruited once the new Act on IPPC comes into force. Some of the main challenges for the regional authorities will be to set up good co-operation between permitting, enforcement and inspection authorities, to ensure adequate staffing for the work load and training for the review and renewal of existing permits before accession.

The current monitoring practice is based on different monitoring types and includes monitoring activities covered by a variety of state institutions, out-sourced monitoring activities carried out by private companies, as well as self-monitoring. A clearer division of competencies and an upgrading of the monitoring system in the water sector is necessary.

A good system for inspection and enforcement has been established. The Czech Environmental Inspectorate has one central and ten regional offices. It is staffed with some 400 inspectors, which appears adequate. However, inspection responsibilities of regional authorities need to be defined more clearly in order to avoid overlaps. Despite an increase of both the number and average value of fines levied, the value of fines continues to be too low to have a strong deterrent effect.

Waste management plans, river basin management plans and action programmes under the air framework acquis remain to be adopted. However, the directive specific implementation plans and investment strategies still need to be based on inventory lists, including detailed figures concerning compliance and non-compliance and detailed implementation measures. Only after such an inventory has been established will the Czech Republic be in a position to develop an overall investment strategy, including a project pipeline, and back-up its financial estimates. This is essential to strengthen the investment planning and programming at the central and regional level.

Considerable investments still need to be secured, to ensure implementation of the environmental acquis.

Conclusion

In its 1997 Opinion, the Commission concluded that with maintained levels of investment, transposition of the environmental acquis as well as effective compliance with important elements of it should be achieved in the medium term. However, compliance with a number of pieces of legislation requiring a sustained high level of investment and considerable administrative effort could be achieved only in the long term (e.g. urban waste water treatment, drinking water, aspects of waste management and air pollution legislation).

Since the Opinion, the Czech Republic has achieved considerable legislative alignment with the acquis in most environment sectors, in particular in the past few years, and has progressed in developing the necessary administrative capacity to implement the acquis in this area. High investments in the environment sector in the mid 1990s have produced notable results.

Negotiations on this chapter have been provisionally closed. The Czech Republic has been granted transitional arrangements for packaging and packaging waste (end 2005) and urban waste water treatment (end 2010). The Czech Republic is meeting the majority of the commitments it has made in the accession negotiations in this filed. However, delays have occurred on air, water and industry, but have been caught up in the meantime.

In order to complete preparations for membership, the Czech Republic`s efforts now need to focus on finalising transposition and implementation (horizontal legislation, water quality, waste, nature protection and IPPC), ensuring the provision of the necessary financial means, and strengthening overall administrative capacity, in particular at the regional and local level.

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