Publication details

Zvláštní režim procesu EIA pro vybrané prioritní stavby (k novele č. 256/2016 Sb.)

Title in English Specific Regime of the EIA Procedure for Strategic Infrastructure Projects (Amendment no. 256/2016 Coll.)
Authors

VOMÁČKA Vojtěch BAHÝĽOVÁ Lenka

Year of publication 2016
Type Article in Periodical
Magazine / Source České právo životního prostředí : časopis České společnosti pro právo životního prostředí
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords Protection of Environment; EIA; European Union; Strategic Infrastructure Projects; EU co-funding
Attached files
Description In 2015, after substantive amendment to the Czech EIA Act, the Czech Republic asked the Commission for permission to use outdated EIA statements for requests concerning EU co-funding. These statements were based on an out-dated law from 1992 and concerned around 100 major transport projects, mainly roads. The Commission has proposed a pragmatic solution: an adequate system of verification and updating of the old EIAs for the ten most important TEN-T projects, without all EIAs necessarily redone. However, this approach has been presented nation-wide as a complete exemption from the EU law and the amendment, which was promptly adopted, leaves much to be desired as regards description of the new specific regime. The authors analyse the amendment and sum up the basic requirements for the EIA procedure and for the exemptions provided by the EIA Directive. They conclude that the good intention to promote swift development of infrastructure with flexible or vague procedural provisions may in practice turn counterproductive or even lethal.

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