COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - CZECH REPUBLIC Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 6
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 37 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - CZECH REPUBLIC
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 37 final.
Encl.: SWD(2017) 37 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 37 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - CZECH REPUBLIC
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 36 final}
{SWD(2017) 38 - 60 final}
Czech Republic 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.9 – © subtik/iStock; p.10 – ©LIFE04 NAT/CZ/000015/Libor Kotouc; p.17 – ©Oleksiy Mark/iStock; p.22 – ©matteusus/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Czech Republic 3
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 6
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Estimating Natural Capital................................................................................................................... 11
Green Infrastructure ........................................................................................................................... 11
Soil protection ..................................................................................................................................... 12
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 13
Air quality ............................................................................................................................................ 13
Noise ................................................................................................................................................. 14
Water quality and management ......................................................................................................... 14
Enhancing the sustainability of cities .................................................................................................. 17
International agreements ................................................................................................................... 17
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 18
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 18
Green taxation and environmentally harmful subsidies ..................................................................... 18
Green Public Procurement .................................................................................................................. 19
Investments: the contribution of EU funds ......................................................................................... 19
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 21
Effective governance within central, regional and local government ................................................. 21
Compliance assurance ......................................................................................................................... 22
Public participation and access to justice ........................................................................................... 24
Access to information, knowledge and evidence ................................................................................ 24
Czech Republic 4
Executive summary
About the Environmental Implementation Review comes to the effectiveness in the implementation of
In May 2016, the Commission launched the environmental policies.
Environmental Implementation Review (EIR), a two-year Though there are more opportunities to move towards cycle of analysis, dialogue and collaboration to improve circular economy than in other similar MS, these are not the implementation of existing EU environmental policy fully exploited yet. Air quality remains a significant
and legislation 1 . As a first step, the Commission drafted problem in some areas of the country. Water scarcity is 28 reports describing the main challenges and giving a rise to growing concerns over the implementation opportunities on environmental implementation for each of a right mix of measures to combat it. Nature protection Member State. These reports are meant to stimulate a benefits from a long tradition but conflicts remain with positive debate both on shared environmental challenges other sectors as a continuous challenge. The EIA and for the EU, as well as on the most effective ways to development consent processes suffer from the legacy of address the key implementation gaps. The reports rely on non-compliance with EU law.
the detailed sectoral implementation reports collected or
issued by the Commission under specific environmental Main Challenges
legislation as well as the 2015 State of the Environment The three main challenges with regard to implementation Report and other reports by the European Environment of EU environmental policy and law in Czech Republic are: Agency. These reports will not replace the specific
instruments to ensure compliance with the EU legal Moving towards an effective and legally compliant
obligations. EIA process, including other environmental assessments, which would build societal acceptance
The reports will broadly follow the outline of the 7th and use best practices
Environmental Action Programme 2 and refer to the 2030 Putting in place the infrastructures and conditions
Agenda for Sustainable development and related (including reliable statistics in the waste sector) to
Sustainable Development Goals (SDGs) 3 to the extent to move towards a recycling economy which they reflect the existing obligations and policy Improving air quality in critical regions of the country,
objectives of EU environmental law 4 . notably in urban areas, while promoting the right set
The main challenges have been selected by taking into of measures
account factors such as the importance or the gravity of
the environmental implementation issue in the light of Main Opportunities
the impact on the quality of life of the citizens, the Czech Republic could perform better on topics where distance to target, and financial implications. there is already a good knowledge base and good
The reports accompany the Communication "The EU practices. This applies in particular to:
Environmental Implementation Review 2016: Common Building on experiences in nature protection challenges and how to combine efforts to deliver better including the comprehensive nation-wide species and results", which identifies challenges that are common to habitat monitoring system towards a complete and several Member States, provides preliminary conclusions well managed Natura 2000 network on possible root causes of implementation gaps and Working in water and climate change policy more proposes joint actions to deliver better results. It also within the framework of EU Water Framework groups in its Annex the actions proposed in each country Directive, and notably integrating RBMPs better into report to improve implementation at national level. planning and decision making in the water sector
General profile More ambitious use of the opportunities provided by the ESIF (and ESFI) to enhance environmental
The Czech Republic has a varied performance when it integration
Points of Excellence
1 Communication "Delivering the benefits of EU environmental policies
through a regular Environmental Implementation Review" Where Czech Republic is a leader on environmental
2 implementation, innovative approaches could be shared Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the more widely with other countries. Good examples are:
3 United Nations, 2015. The Sustainable Development Goals The monitoring of habitats and species under the
4 This EIR report does not cover climate change, chemicals and energy. Habitats Directive is very well established and
Czech Republic v
organized in the Czech Republic. Czech Republic is an advanced player in the field of The Czech Republic has a well-established EPR international cooperation (e.g. CITES)
scheme for municipal waste packaging.
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
There are some circular economy initiatives in the Czech
Developing a circular economy and improving Republic, but these are rather scarce
9 .
resource efficiency
The 2015 Circular Economy Package emphasizes the need The main challenges the Czech Republic faces with to move towards a lifecycle-driven ‘circular’ economy, respect to eco-innovation and circular economy are with a cascading use of resources and residual waste that related to the research and innovation system. The is close to zero. This can be facilitated by the education and public research systems also need to be development of, and access to, innovative financial stepped up to address this challenge.
instruments and funding for eco-innovation. Figure 1: Resource productivity 2003-15 10
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural resources by 2030.
Measures towards a circular economy
Transforming our economies from linear to circular offers an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate
investments and bring both short and long-term benefits Eco-innovation and circular economy developments in for the economy, environment and citizens alike. 5 the Czech Republic are primarily focused on energy
efficiency in buildings and infrastructure, sustainable
The Czech Republic is performing below the EU average transport, and several environmental topics – such as
in terms of resource productivity 6 (how efficiently the water efficiency and wastewater treatment, waste
economy uses material resources to produce wealth), management (e.g. municipal and food waste) and with 1.0 EUR/kg (EU average is 2 EUR/kg) in 2015. Figure resource efficiency (e.g. reuse and recycling of 1 shows a modest but stable increase since 2003, construction and demolition waste, and reduced
remaining stable since 2013. 7 resource consumption). In recent years, there appears to
To date, there is no national policy outlining a coherent have been rapid growth in innovation in bio- and approach towards eco-innovation and the circular nanotechnologies. economy 8 .
The new Waste Management Plan of the Czech Republic 9 For example, the Epsilon programme managed by the Technology for the period 2015-2024 has proposed the transition to Agency of the Czech Republic (TACR), supports projects that develop
a circular economy as an objective. industrial applications using new technologies and new materials in the energy, environment and transport sectors, like project
NANOBIOWAT as a good practise, ; in September 2014, the Action
5 European Commission, 2015. Proposed Circular Economy Package. Plan for secondary raw materials strategy was adopted by the
6 Resource productivity is defined as the ratio between gross domestic Decision of the Government of the Czech Republic; the goal of the product (GDP) and domestic material consumption (DMC). mentioned document is the effective extraction and utilization of
7 Eurostat, Resource productivity , accessed October 2016 secondary raw materials for the purpose of saving non-renewable
8 European Environment Agency, 2016. More from less – material resources (energy and non-energy raw materials). resource efficiency in Europe. Czech Republic Report 10 Eurostat, Resource productivity , accessed October 2016
Czech Republic 6
The Czech Republic employed 96,381 people in the R&D policy and funding framework remains fragmented environmental goods and services sector in 2013 (96.875
in 2012). High dependence of the Czech Republic’s economic development on the activities of foreign-owned
companies that only use the Czech Republic as a
SMEs and resource efficiency manufacturing base
In the Flash 426 Eurobarometer "SMEs, resource The instability of the regulatory framework and the efficiency and green markets" it is shown that 56% of administrative burden associated with complying with Czech Republic's SMEs have invested up to 5% of their the regulatory rules. annual turnover in their resource efficiency actions (EU28
average 50%), 22 % of them are currently offering green Figure 2: Eco-Innovation Index 2015 (EU=100)
13
products and services (EU28 average 26%), 67% took measures to save energy (EU28 average 59%), 65% to minimise waste (EU28 average 60%), 46% to save water
(EU28 average 44%), and 51% to save materials (EU28 average 54%). From a circular economy perspective, 42% took measures to recycle by reusing material or waste within the company (EU28 average 40%), 26% to design products that are easier to maintain, repair or reuse
(EU28 average 22%) and 32% were able to sell their scrap material to another company (EU28 average 25%).
According to the Flash 426 Eurobarometer, the resource efficiency actions undertaken allowed the reduction of production costs in a 45% of the Czech Republic's SMEs
(EU28 average 45%). The Flash 426 Eurobarometer
"SMEs, resource efficiency and green markets" shows that 20% of the SMEs in Czech Republic have one or more full time employee working in a green job at least some of the time (EU28 average 35%). Czech Republic has an average number of 1.2 full time green employees per
SME (EU28 average 1.7) 11
Eco-innovation
The scoreboard shows that the overall 2015 ecoinnovation performance of the Czech Republic has improved compared to 2013, with an overall index score
of 99 (compared to a score of 71 in 2013), ranking as Suggested action
13th among the 28 EU Member States (compared to 17th
place in 2013). The significant improvement in ranking • Strengthen the policy framework to speed up the and the overall score could have been caused by a data uptake of the circular economy providing further source change and hence the results for these indicators support to local businesses and increasing investments are not fully comparable with the data for 2013. in the public research and education systems.
• Incentivise investments in green products and services.
Existing barriers in R&D 12 are relevant also for eco• Foster R&D funding among SMEs.
innovation sector. The examples can be summarised as follows:
Weak outcomes and results of Czech R&D activities, Waste management
limited cooperation between academia and business. Turning waste into a resource requires:
− Full implementation of Union waste legislation, 11 The Flash 426 Eurobarometer "SMEs, resource efficiency and green which includes the waste hierarchy; the need to
markets" defines "green job" as a job that directly deals with ensure separate collection of waste; the landfill
information, technologies, or materials that preserves or restores
environmental quality. This requires specialised skills, knowledge, diversion targets etc.
training, or experience (e.g. verifying compliance with environmental − Reducing per capita waste generation and waste
legislation, monitoring resource efficiency within the company, promoting and selling green products and services).
12 Commission, (SWD(2016) 73 final) 13 Eco-innovation Observatory: Eco-Innovation scoreboard 2015
Czech Republic 7
generation in absolute terms. Czech Republic in terms of kg per capita, which shows a − Limiting energy recovery to non-recyclable materials slightly increase of the recycling rates compared to 2013.
and phasing out landfilling of recyclable or
recoverable waste. Recycling of municipal waste accounts for 25% being
SDG 12 invites countries to substantially reduce waste below the EU average (44%) as shown in Figure 4. Figure
generation through prevention, reduction, recycling and 4 also shows that Czech Republic, while having a steady
reuse, by 2030. increase in recycling rate, must invest further in recycling in the next coming years in order to reach the 2020
The EU's approach to waste management is based on the recycling target.
18
"waste hierarchy" which sets out an order of priority Figure 4: Recycling rate of municipal waste 2007-14 19
when shaping waste policy and managing waste at the operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery). The progress towards reaching recycling targets and the adoption of adequate
WMP/WPP 14 should be the key items to measure the
performance of Member States. This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Figure 3: Municipal waste by treatment in Czech
Republic 2007-14 15
The main treatment option for municipal waste is still landfilling. It accounts for 56% and it is above the EU average of 28%.
Currently, a number of flaws in waste management policy make it difficult for Czech Republic to comply with EU targets: a high share of biodegradable waste goes to landfills. Waste treatment is not fully in line with the waste hierarchy, there is a non-harmonised national waste data base and insufficient reporting structures.
In order to help bridge the implementation gap in Czech Republic, the Commission has delivered a roadmap for
Municipal waste 16 generation in Czech Republic remains compliance in which economic instruments play a crucial much lower compared to the EU average (310 role. 20 The Czech Republic adopted the revision of the
kg/y/inhabitant compared to around 475 kg/y/inhabitant Waste Act mandating separate collection of
on average). 17 biodegradable waste in all municipalities since 2015, and
Figure 3 depicts the municipal waste by treatment in announcing a ban on landfilling of recyclable, recoverable and mixed municipal waste since 2024 21 . These changes
in the Waste Act lead explicitly to divert waste from 14 Waste Management Plans/Waste Prevention Programmes landfills towards treatments higher in the waste
15 Eurostat, Municipal waste and treatment, by type of treatment hierarchy.
method , accessed October 2016
16 Municipal waste consists of waste collected by or on behalf of municipal authorities, or directly by the private sector (business or 18 Member States may choose a different method than the one used by private non-profit institutions) not on behalf of municipalities. ESTAT (and referred to in this report) to calculate their recycling rates
17 The Czech Ministry of Environment uses data collected by the Czech and track compliance with the 2020 target of 50% recycling of
Environment Agency CENIA which diverge significantly from the data municipal waste. reported to ESTAT by the Czech Statistical (i.e. the waste generation 19 Eurostat, Recycling rate of municipal waste , accessed October 2016 is around 40% higher, recycling rates are 10% higher and incineration 20 European Commission, Roadmap Czech Republic rates lower). This data is used in the national and regional Waste 21 Act No. 229/2014 Coll., in force as of 01/01/2015 as amending the Management Plans as well as ESIF Operational programmes. Waste Act No. 185/2001 Coll.
Czech Republic 8
However, an objective assessment of the performance of • Increase progressively the existing landfill tax 25 to
Czech Republic in the area of municipal waste divert waste from landfill. Use the revenues to support management is hampered by large discrepancies the separate collection and alternative infrastructure in between the Ministry of Environment data used e.g. in conjunction with a better allocation of the cohesion the national WMP and the official waste statistics of the policy funds to the first steps of waste hierarchy.
Czech Statistical Office, while only the latter was • Focus on improving the effectiveness of separate validated by Eurostat. collection to increase recycling rates.
The discrepancies are quite relevant in magnitude and • Shift reusable and recyclable waste away from lead to different projections. The most visible aspect is, incineration by introducing incineration taxes. Avoid that according to the new Waste management plan, building overcapacities for residual waste treatment. additional waste to energy capacity is foreseen (of 18% in • It is imperative that the Czech Republic uses waste 2020 and 28% in 2024) claiming that only 11% of waste is statistics that are compatible with the Eurostat incinerated when, according to Eurostat, almost 20% of Guidelines.
the municipal waste was incinerated in 2014. 22
In August 2016, the Ministry of Environment and the
Czech Statistical Office agreed to reduce discrepancies between data of both institutions on municipal waste generation. The agreement includes short-term and longterm objectives needed for a full consolidation of data.
Its implementation is still outstanding.
The National Waste Management Plan 2015-2024 was adopted on 22 December 2014 by the Czech Government
(together with the National Waste Prevention
Programme). The Regional Waste Management Plans were adopted by June 2016. The plans include policy measures which should help the Czech Republic achieve its recycling targets; there are however concerns as regards planned capacity for residual waste treatment, namely waste to energy. The issue is directly linked with the problem of data escribed above.
The Czech Republic has a well-functioning EPR scheme
for packaging 23 and overachieves the relevant packaging
targets.
Estimates show that full implementation of the existing legislation could create more than 8,800 jobs in Czech
Republic and increase the annual turnover of the waste sector by EUR 930 million. Moving towards the targets of the roadmap on resource efficiency could create additional 10,788 jobs and increase the annual turnover
of the waste sector over EUR 1.1 billion. 24
Suggested action
22 The difference is in the reported generation of municipal waste to
Eurostat by Czech Statistical Office (3.228 mil. t, 2013 and 3.260 mil. t, 2014) while generation on municipal waste by MoE is much higher (5.168 mil. t, 2013 and 5.324 mil. t, 2014).
23 According to data for 2015 provided by the national authorities, more
than 270 000 containers for separate streams of municipal waste (plastics, glass, paper, metal, cardboard) are available for citizens.
24 Bio Intelligence service, 2011. Implementing EU Waste legislation for 25 In the proposal for new Waste Act from 2015 it is suggested that
Green Growth, study for European Commission. The breakdown per landfill tax to be gradually increased as of 2018. It also contains country on job creation was made by the consultant on Commission explicit possibility for municipalities to implement PAYT system. This demand but was not included in the published document. proposal is pending the Government approval yet.
Czech Republic 9
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity is covered by Natura 2000 (EU average 18.1%), with Birds
Directive SPAs covering 8.9% (EU average 12.3%) and The EU Biodiversity Strategy aims to halt the loss of
biodiversity in the EU by 2020, restore ecosystems and Habitats Directive SCIs covering 9.9% (EU average 13.8%). There are 1116 Natura 2000 sites, including 41 SPAs and
their services in so far as feasible, and step up efforts to 1075 SCIs 27 .
avert global biodiversity loss. The EU Birds and Habitats
Directives aim at achieving favourable conservation While the designation of the SPAs is considered status of protected species and habitats. sufficient, the assessment of the SCIs conducted in
SDG 14 requires countries to conserve and sustainably previous years shows insufficiencies
28 (see Figure 5 29 ).
use the oceans, seas and marine resources, while SDG 15 Figure 5: Sufficiency assessment of SCI networks in requires countries to protect, restore and promote the Czech Republic based on the situation until December sustainable use of terrestrial ecosystems, sustainably 2013 (%) 30
manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
New sites were officially proposed 31 by the Czech
Republic in February and June 2016; with spatial data submitted in September 2016. The issue of sufficiency of
T the SCIs in the Czech Republic is currently being he adequate designation of protected sites as Special addressed by the European Commission in the Ares of Conservation (SAC) under the Habitats Directive infringement procedure initiated in February 2016.
and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the
objectives of the Directives. The results of Habitats 27 2016 submission is not reflected yet in the European list of SCIs. 28
Directive Article 17 and Birds Directive Article 12 reports For each Member State, the Commission assesses whether the species and habitat types on Annexes I and II of the Habitats
and the progress towards adequate Sites of Community Directive, are sufficiently represented by the sites designated to
Importance (SCI)-SPA and SAC designation 26 both in land date. This is expressed as a percentage of species and habitats for and at sea, should be the key items to measure the which further areas need to be designated in order to complete the
performance of Member States. network in that country. The current data, which were assessed in 2014-2015, reflect the situation up until December 2013.
29
By early 2016, 14% of the national area of Czech Republic The percentages in Figure 5 refer to percentages of the total number of assessments (one assessment covering 1 species or 1 habitat in a
given biographical region with the Member State); if a habitat type or a species occurs in more than 1 Biogeographic region within a given
26 Sites of Community Importance (SCIs) are designated pursuant to the Member State, there will be as many individual assessments as there
Habitats Directive whereas Special Areas of Protection (SPAs) are are Biogeographic regions with an occurrence of that species or designated pursuant to the Birds Directive; figures of coverage do habitat in this Member State.
not add up due to the fact that some SCIs and SPAs overlap. Special 30 European Commission internal assessment, in CZ case does not take
Areas of Conservation (SACs) means a SCI designated by the Member into account the 2016 submission
States. 31 (51 sites) and the target feature added into existing sites (70 sites)
Czech Republic 10
SAC designation is still in process. A compliance check assessments were favourable in 2013 (EU27: 23%) 39% at with provisions of the Habitats Directive will be done in unfavourable-inadequate (EU27: 42%) and 30% 2016/2017. unfavourable-bad status (EU27: 18%). This is depicted in
The Natura 2000 sites are managed by professional state Figure 6
35 . 5% and 22% of the unfavourable assessments
administration bodies including National Parks as respectively for species and habitats were showing a independent entities devoted to nature conservation, positive trend in 2013.
Regional Offices of Nature Conservation Agency of the A comparison of the results of Article 17 reports enables
Czech Republic and Environmental Units of Regional to claim an overall improvement as concerns
Administrative Authorities (a few sites are also managed conservation status of habitats and species of EU by Military area offices). Scientific support is provided by importance. While in the period of 2007-2012 25.3 % was the Nature Conservation Agency of the Czech Republic. found favourable only 18.9 % was found favourable in
The Ministry of the Environment of the Czech Republic the preceding reporting period. 36
bears the overall responsibility for Natura 2000 (including
methodological guidance for authorised AA experts). The Figure 6: Conservation status of habitats and species in monitoring of habitats and species is based on long-term Czech Republic in 2007/2013 (%)
37
experience of extensive expert base which provides variety of quality data on occurrence, conservation status, future perspective and threats for habitats and species building on traditional approach of landscape and
nature protection. 32
Natura 2000 is regarded as complementary to the national nature protection system in the Czech Republic.
This principle establishes a protection regime of majority
Natura 2000 sites that is derived from a parallel regime of the Czech nationally protected areas.
According to the official report submitted under Art. 12
of the Birds Directive 38 , 82% of the breeding species
showed short-term increasing or stable population trends (for wintering species this figure was 20%).
According to the latest report on the conservation status of habitats and species covered by the Habitats
Directive 33 , 16% of the habitats' biogeographic 35 Please note that a direct comparison between 2007 and 2013 data is
assessments were favourable in 2013 (EU27: 16%). complicated by the fact that Bulgaria and Romania were not covered by the 2007 reporting cycle, that the ‘unknown’ assessments have
Furthermore, 56% are considered to be unfavourable– strongly diminished particularly for species, and that some reported inadequate 34 (EU27: 47%) and 27% are unfavourable – changes are not genuine as they result from improved data /
bad (EU27: 30%). As for the species, 27% of the monitoring methods. 36 According to data of Nature Conservation Agency of the Czech
Republic, it was 22.95 % in the period of 2007-2012 and 17.05 % was
32 Another example is also The Territorial System of Ecological Stability found favourable in the reporting period 2001(4)-2006 of the Landscape (TSES) – good practise developed already in late 37 These figures show the percentage of biogeographical assessments in
1970s, tackles the landscape connectivity by the national multi-level each category of conservation status for habitats and species (one ecological network assessment covering 1 species or 1 habitat in a given biographical
33 The core of the ‘Article 17’ report is the assessment of conservation region with the Member State), respectively. The information is
status of the habitats and species targeted by the Habitats Directive. based on Article 17 of the Habitats Directive reporting - national
34 Conservation status is assessed using a standard methodology as summary of Czech Republic being either ‘favourable’, ‘unfavourable-inadequate’ and 38 Article 12 of the Birds Directive requires Member States to report
‘unfavourable-bad’, based on four parameters as defined in Article 1 about the progress made with the implementation of the Birds of the Habitats Directive. Directive.
Czech Republic 11
Figure 7: Short-term population trend of breeding and
wintering bird species in Czech Republic in 2012 (%) 39 Estimating Natural Capital
The EU Biodiversity Strategy to 2020 calls on the Member States to map and asses the state of ecosystems and their services in their national territory by 2014, assess the economic value of such services, and promote the integration of these values into accounting and reporting systems at EU and national level by 2020.
As part of knowledge development efforts, the Czech
Republic has completed ecosystem 41 mapping by field
survey complemented with remote sensing data. Information on structure and functions of semi-natural habitats together with other data sources (agroenvironmental schemes, WFD etc.) can be utilised in
Most natural and near-natural habitats occur in areas order to estimate the condition of ecosystems. A
with limited or less intensive agricultural production. scientific study on ecosystem services was completed in 2013 but its results have not been integrated into policy
Problematic aspects of implementation of the national making. Policy support is also needed to get data from and EU legislation are usually connected with general other sectors. nature protection issues. These are conflicts between
nature conservation and other socioeconomic interests Suggested action
such as river navigation or forest management in the • Provide government support to the mapping and national parks and Natura 2000. assessment of ecosystems and their services, valuation
Forest areas account for around 34% of the total area of and development of natural capital accounting the Czech Republic which is below the EU average (42%). systems, and use it for policy and decision-making.
Afforested area is steadily growing. 15% of the forest
benefits from a protection regime. Almost 60% of the Green Infrastructure
forest belongs to the state. The management of the
forest is done by the forest authorities, in accordance The EU strategy on green infrastructure 42 promotes the
with the Forest Management Plans focusing on the incorporation of green infrastructure into related plans production function of the forest (representing 75% of and programmes to help overcome fragmentation of the total forest area). As regards the health of forest, habitats and preserve or restore ecological connectivity, though the trend has stabilised over last years, the forest enhance ecosystem resilience and thereby ensure the ecosystems suffer from a high level of defoliation continued provision of ecosystem services.
compared to other European countries. 40 Green Infrastructure provides ecological, economic and
Suggested action social benefits through natural solutions. It helps to
understand the value of the benefits that nature provides
• Complete the Natura 2000 designation process and put to human society and to mobilise investments to sustain in place clearly defined conservation objectives and the and enhance them.
necessary conservation measures for the sites and
provide adequate resources for their implementation The restoration and safeguarding of ecosystems has a in order to maintain/restore species and habitats of long background in the academic world in the Czech community interest to a favourable conservation status Republic and is incorporated in the planning system. across their natural range. However, the results of this work are not well
• Develop and promote smart and streamlined implemented.
implementation approaches, in particular as regards In order to monitor landscape fragmentation, work is site and species permitting procedures (i.e. beyond EIA underway to set indicators for the extent and rate of procedures) and strengthen communication with fragmentation/connectivity of natural and semi-natural stakeholders. ecosystems, allowing more efficient monitoring of trend
41 Ecosystem services are benefits provided by nature such as food, 39 Article 12 of the Birds Directive reporting - national summary of Czech clean water and pollination on which human society depends.
Republic 42 European Union, Green Infrastructure — Enhancing Europe’s Natural 40 http://eagri.cz/public/web/file/426635/ZZ2014.pdf Capital, COM/2013/0249
Czech Republic 12
changes and comparison of larger territorial units. previous period 2000-2006 it was 1944 hectares) and was
Landscape connectivity is tackled by the national multimainly driven by housing, services and recreation as well level ecological network called the Territorial System of as industrial and commercial sites.
Ecological Stability of the Landscape. TSES is included in The percentage of built up land in 2009 was 3.28%, close
the Nature and Landscape Protection Act, which cites to the EU average (3.23%) 44 . The soil water erosion rate
TSES as one of the main tools for landscape and nature in 2010 was 1.65 tonnes per ha per year, below EU28
protection. average (2.46 tonnes) 45 . Figure 8 shows the different land
However, the mechanisms for practical protection and cover types in Czech Republic in 2012.
restoration of its elements (core areas, ecological Figure 8: Land Cover types in Czech Republic in 2012 46
corridors and stepping stones which overlap with Natura
2000 areas) are not always sufficient.
Soil protection
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource
Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.
SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation,
the provision of raw and building material. Soil is a finite There are still not EU-wide datasets enabling the and extremely fragile resource and increasingly provision of benchmark indicators for soil organic matter degrading in the EU. Land taken by urban development decline, contaminated sites, pressures on soil biology and and infrastructure is highly unlikely to be reverted to its diffuse pollution.
natural state; it consumes mostly agricultural land and An updated inventory and assessment of soil protection increases fragmentation of habitats. Soil protection is policy instruments in Czech Republic and other EU indirectly addressed in existing EU policies in areas such Member States is being performed by the EU Expert as agriculture, water, waste, chemicals, and prevention Group on Soil Protection.
of industrial pollution. In 2015 the Czech Republic adopted an amendment to
Artificial land cover is used for settlements, production the Nature and Landscape Conservation Act which can
systems and infrastructure. It may itself be split between strengthens the protection of agricultural soil. 47
built-up areas (buildings) and non-built-up areas (such as linear transport networks and associated areas).
The annual land take rate (growth of artificial areas) as
provided by CORINE Land Cover was 0.43% in the Czech 44 European Environment Agency, 2016. Imperviousness and
Republic over the period 2006-12, around the EU average imperviousness change
(0.41%). It represented 2159 hectares per year 43 (in the 45 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016
46 European Environment Agency, Land cover 2012 and changes country analysis [publication forthcoming]
43 European Environment Agency Draft results of CORINE Land Cover 47 It makes the protection of best quality soil from sealing considerably
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 stricter, it focuses on reclamation of agricultural land after temporary artificial land. In the period 2000-2006 land claims, and regulates soil protection from erosion.
Czech Republic 13
-
3.Ensuring citizens' health and quality of life
Air quality national emission ceilings 50 .
The EU Clean Air Policy and legislation require that air At the same time, air quality in Czech Republic continues quality in the Union is significantly improved, moving to give cause for concern. For the year 2013, the closer to the WHO recommended levels. Air pollution European Environment Agency estimated that about and its impacts on ecosystems and biodiversity should be 12,030 premature deaths were attributable to fine
further reduced with the long-term aim of not exceeding particulate matter 51 concentrations, 370 to ozone 52 critical loads and levels. This requires strengthening concentration and 330 to nitrogen dioxide 53 efforts to reach full compliance with Union air quality concentrations. 54 This is due also to exceedances above legislation and defining strategic targets and actions the EU air quality standards such as shown in Figure 9 55 . beyond 2020. For 2014, exceedances above the EU air quality standards The EU has developed a comprehensive suite of air have been registered related to particulate matter (PM 10 ) quality legislation 48 , which establishes health-based in ten air quality zones, and annual mean concentration
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
standards and objectives for a number of air pollutants. of nitrogen dioxide (NO 2 ) in one air quality zone (Prague).
As part of this, Member States are also required to ensure that up-to-date information on ambient
concentrations of different air pollutants is routinely 50 The current national emission ceilings apply since 2010 ( Directive
made available to the public. In addition, the National 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
Emission Ceilings Directive provides for emission Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC i and
reductions at national level that should be achieved for repealing Directive 2001/81/EC i.
main pollutants. 51 Particulate matter (PM) is a mixture of aerosol particles (solid and
liquid) covering a wide range of sizes and chemical compositions.
The emission of several air pollutants has decreased PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
significantly in the Czech Republic 49 . Reductions micrometres or less. PM is emitted from many human sources,
between 1990 and 2014 for sulphur oxides (-93%), including combustion. 52 Low level ozone is produced by photochemical action on pollution
nitrogen oxides (-77%), ammonia (-56%) as well as and it is also a greenhouse gas. volatile organic compounds (-54%) ensure air emissions 53 NOx is emitted during fuel combustion e.g. from industrial facilities
for these pollutants are within the currently applicable and the road transport sector. NOx is a group of gases comprising nitrogen monoxide (NO) and nitrogen dioxide (NO2).
54 European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Table 10.2, please see details in this report as regards the
48 European Commission, 2016. Air Quality Standards underpinning methodology).
49 See EIONET Central Data Repository and Air pollutant emissions data 55 Based on European Environment Agency, 2016. Air Quality in Europe viewer (NEC Directive) – 2016 Report . (Figures 4.1, 5.1 and 6.1)
Czech Republic 14
Furthermore, four air quality zones have indicated environmental noise. exceedances regarding fine particulate matter (PM 2.5 ), for
which the limit value has become binding only in 2015. Excessive noise is one of the main causes of health
Target values for annual mean concentrations have been issues
59 . To alleviate this, the EU acquis sets out several
exceeded in at least one air quality zone for cadmium, requirements, including assessing the exposure to benzo(a)pyrene, nitrogen oxides, sulphur dioxide as well environmental noise through noise mapping, ensuring
as ozone. 56 that information on environmental noise and its effects is made available to the public, and adopting action plans
The persistent breaches of air quality requirements (for with a view to preventing and reducing environmental
PM 10 and NO 2 ), which have severe negative effects on noise where necessary and to preserving the acoustic health and environment, are being followed up by the environment quality where it is good.
European Commission through infringement procedures
covering all the Member States concerned, including The Czech Republic’s implementation of the Czech Republic. The aim is that adequate measures are Environmental Noise Directive
60
is delayed. The noise
put in place to bring all zones into compliance. mapping for the most recent reporting round, for the reference year 2011, is complete. However, action plans
It has been estimated that the health-related external for noise management in the current period have not costs from air pollution in Czech Republic are above EUR been adopted for any of the agglomerations, major 6 billion/year (income adjusted, 2010), which include not roads, major railways or major airports within the scope only the intrinsic value of living a full health life but also of the Directive. The Commission contacted the Czech direct costs to the economy. These direct economic costs authorities with regard to the missing action plans, and relate to 4 million workdays lost each year due to continues to follow up on the situation. Complaints on sickness related to air pollution, with associated costs for infrastructure development are often related to noise employers of EUR 388 million/year (income adjusted, issues, especially for infrastructure projects with 2010), for healthcare of above EUR 21 million/year outdated EIA assessments.
(income adjusted, 2010), and for agriculture (crop losses)
of EUR 102 million/year (2010). 57 Suggested action
Suggested action • Complete action plans for noise management and use them in planning.
Maintain downward emissions trends of air pollutants in order to achieve full compliance with air quality limit
values - and reduce adverse air pollution impacts on Water quality and management
health, environment and economy. The EU water policy and legislation require that the
Reduce nitrogen oxide (NO x ) emissions to comply with impact of pressures on transitional, coastal and fresh currently applicable national emission ceilings 58 and/or waters (including surface and ground waters) is to reduce nitrogen dioxide (NO significantly reduced to achieve, maintain or enhance 2 ) (and ozone concentrations), inter alia, by reducing transport related good status of water bodies, as defined by the Water emissions - in particular in urban areas. Framework Directive; that citizens throughout the Union
benefit from high standards for safe drinking and bathing
Reduce PM 10 emission and concentration, inter alia, by water; and that the nutrient cycle (nitrogen and reducing emissions related to energy and heat phosphorus) is managed in a more sustainable and generation using solid fuels, to transport and to resource-efficient way.
agriculture.
SDG 6 encourages countries to ensure availability and sustainable management of water and sanitation for all.
Noise The main overall objective of EU water policy and
The Environmental Noise Directive provides for a legislation is to ensure access to good quality water in common approach for the avoidance, prevention and sufficient quantity for all Europeans. The EU water reduction of harmful effects due to exposure to acquis
61 seeks to ensure good status of all water bodies
56 See The EEA/Eionet Air Quality Portal and the related Central Data 59 WHO/JRC, 2011, Burden of disease from environmental noise,
Repository Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
57 These figures are based on the Impact Assessment for the European World Health Organization, Regional Office for Europe , Copenhagen,
Commission Integrated Clean Air Package (2013) Denmark 58 Under the provisions of the revised National Emission Ceilings 60 The Noise Directive requires Member States to prepare and publish,
Directive, Member States now may apply for emission inventory every 5 years, noise maps and noise management action plans for adjustments. Pending evaluation of any adjustment application, agglomerations with more than 100,000 inhabitants, and for major Member States should keep emissions under close control with a roads, railways and airports.
view to further reductions. 61 This includes the Bathing Waters Directive (2006/7/EC); the Urban
Czech Republic 15
across Europe by addressing pollution sources (from e.g. bodies. This results in high level of uncertainties agriculture, urban areas and industrial activities), physical concerning the pressures, status of water bodies and and hydrological modifications to water bodies) and the effectiveness of Programmes of Measures. Planning of management of risks of flooding. new physical modifications and application of
River Basin Management Plans (RBMPs) are a exemptions is not transparent
67
. Programmes of
requirement of the Water Framework Directive and a measures are expected to result only in a slight means of achieving the protection, improvement and improvement of the status, with the highest sustainable use of the water environment across Europe. improvement is expected in chemical status of This includes surface freshwaters such as lakes and rivers, groundwater (8%).
groundwater, estuaries and coastal waters up to one Nitrate levels in a number of monitoring points, as well as nautical mile. eutrophication, remain an issue. A recent Court of
The Czech Republic has provided information to the Auditors report "Danube river basin II: Quality of water"
Commission from its second generation of RBMPs. stated there is a lack of ambition in the Member States
However, as the Commission has not yet been able to concerned including the Czech Republic to address validate this information for all Member States, it is not causes of pollution. It stated that Member States are not
reported here. using all the possibilities offered by the Nitrates Directive. The Czech Nitrates Action Programme is being
In its first generation of RBMPs under the WFD Czech reviewed in 2016 and it is an opportunity to adjust its
Republic reported the status of 1069 rivers, 71 lakes and measures taking into account the developments of
173 groundwater bodies. Only 20% of natural surface agricultural pressures and water quality, as well as the
water bodies achieve a good or high ecological status 62 recommendations of the Court of Auditors report. and 7% of heavily modified or artificial water bodies 63
achieve a good or high ecological potential. 72% of As regards drinking water, Czech Republic reaches very surface water bodies, 67% of heavily modified and high compliance rates of 99.91 % for microbiological, artificial water bodies and only 21% of groundwater 99.9 % for chemical and 99.2% for indicator parameters bodies achieve good chemical status 64 . 65% of laid down in the Drinking Water Directive.
68
groundwater bodies are in good quantitative status 65 . Figure 10 shows that in 2015, in Czech Republic, out of
The main pressure on Czech waters is flow regulation and 153 bathing waters, 79.1 % were of excellent quality, hydromorphological alteration that affect 67% of surface 12.4 % of good quality, 1.3 % of sufficient quality. 3 water bodies. 51% of water bodies are affected by diffuse bathing waters were of poor quality or non-compliant sources of pollution sources 66 , 44% by point sources. while it was not possible to assess the remaining 8 There are not large differences in pressures between bathing waters.
69 The Czech Republic has a modest but
river basin districts. Abstraction is not identified as a constant increase in excellent bathing water quality in pressure to water status. the past years. There were significant deficiencies identified in the 1 st The Czech Republic is subject to full compliance River Basin Management Plans that present gaps in the obligations with the Urban Waste Water Treatment monitoring system, assessment of pressures, Directive since 2010. However, in Czech Republic,
methodologies for classification of status of water according to the 2012 data, only 87.4% of the load collected was subject to secondary treatment (in
accordance with Article 4 of the Urban Waste Water Waste Water Treatment Directive (91/271/EEC) concerning Treatment Directive) and 53.7% of the waste water load discharges of municipal and some industrial waste waters; the collected is subject to more stringent treatment in
Drinking Water Directive (98/83/EC) concerning potable water
quality; the Water Framework Directive (2000/60/EC) concerning accordance with Article 5 of the Urban Waste Water
water resources management; the Nitrates Directive (91/676/EEC) Treatment Directive (target: 75.4%).
70 The use of EU
and the Floods Directive (2007/60/EC) 62 Good ecological status is defined in the Water Framework Directive
referring to the quality of the biological community, the hydrological
characteristics and the chemical characteristics. 67 The Czech Republic transposed the requirements of Directive 63 Many European river basins and waters have been altered by human 2000/60/EC (Water Framework Directive) into Czech national
activities, such as land drainage, flood protection, and, building of legislation in 2010 and it still necessary to amend the relevant Czech dams to create reservoirs... legislation to ensure full compliance with Article 4(7) thereof.
64 Good chemical status is defined in the Water Framework Directive 68 Commission's Synthesis Report on the Quality of Drinking Water in referring to compliance with all the quality standards established for the Union examining Member States' reports for the 2011-2013
chemical substances at European level. period , foreseen under Article 13(5) of Directive 98/83/EC i; 65 For groundwater, a precautionary approach has been taken that COM(2016)666 i
comprises a prohibition on direct discharges to groundwater, and a 69 European Environment Agency, 2016. European bathing water quality
requirement to monitor groundwater bodies. in 2015, p. 26 66 Diffuse pollution comes from widespread activities with no one 70 European Commission, Eighth Report on the Implementation Status
discrete source. and the Programmes for Implementation of the Urban Waste Water
Czech Republic 16
funds over last two programming periods 2004-2006 and - The proportion of the population connected to water
2007-2013 helped significantly to build or modernise the supply systems and to public sewerage systems waste water treatment infrastructure. The 2015 special continued to increase
ECA report showed that some of the investments were, - The amount of pollution discharged from point however, oversized or inappropriate 71 . Despite the sources has decreased every year availability of the EU funds, the Prague agglomeration - Surface water quality is improving only slowly with the biggest waste water treatment plant in the - As a result of agricultural activities, water resources
Czech Republic has not met the 2010 compliance are still exposed to considerable pressure deadline in one parameter. The reconstruction of the
Prague Waste Water Treatment Plant has finally started
in 2015 from national funds. Flood risk areas have started to be identified and mapped in the Czech Republic in the context of Flood Risk
The whole territory of the Czech Republic is delimited as Management Plans which were prepared together with a sensitive area. 2nd RBMPs as outstanding conceptual documents based
Figure 10: Bathing water quality 2012 – 2015 72 on FD (2007/60/EC) requirements. The Czech Republic was hit by flooding incidents with serious economic
damage in 2010 and 2013.
Management and prevention of floods is an area where potentially more economical nature-based solutions could improve resource efficiency through reducing costs and delivering multiple benefits. In its 2014-20 operational programmes, namely the Operational Programme Environment, the Czech Republic is planning to invest also in nature-based solutions.
Water scarcity is giving a rise to growing concerns over the implementation of a right mix of measures to combat it.
Suggested action
• The Czech Republic should improve its water policy in line with the intervention logic of the Water
Framework Directive 74 , i.e. do a more detailed
The estimated investment needs (reported by Czech assessment of pressures to know the status of water
Republic under Article 17 of the Urban Waste Water bodies and design effective Programmes of Measures
Treatment Directive) to reach full compliance with the that address the main pressures identified.
Directive are of EUR 95 million 73 . • In relation to diffuse pollution the Czech Republic
According to the Czech 2014 Report on the Environment should implement measures to comply with the Nitrate the following information on water management and Directive taking into account agricultural developments water quality is available: and the recommendations of the Court of Auditors
-
-Total water abstraction as well as water report. • New physical modifications of water bodies should be
consumption in households is stable.
-
-The water abstraction for public water supply assessed in line with article 4(7). In these assessments
systems is decreasing due to the reduction of water alternative options and adequate mitigation measures
loss in the pipe network (16.6% in 2014 compared to have to be considered. This particularly applies to large
17.9% in 2013) scale infrastructure projects not built yet, but which were designed decades ago outside the intervention
logic of Water FD, like dams or infrastructure to
Directive (COM (2016)105 final) and Commission Staff Working
Document accompanying the report (SWD (2016)45 final). combat floods or drought.
71 Special report No 2/2015: EU-funding of Urban Waste Water . The • The Czech Republic should improve their water pricing
report focus on 1 out of 3 river basins covering 27,5% of the territory policy based on an analysis of environmental and
of the Czech Republic. Treatment plants in the Danube river basin: resource costs and covering a broad range of water
further efforts needed in helping Member States to achieve EU waste
water policy objectives services. Exemptions from water fees should be
72 European Environment Agency, State of bathing water, 2016 reconsidered. As the first step, 2 nd River Basin
73 European Commission, Eighth Report on the Implementation Status Managements plans include the Economic analysis
and the Programmes for Implementation of the Urban Waste Water Directive (COM (2016)105 final) and Commission Staff Working
Document accompanying the report (SWD(2016)45 final). 74 The full set of recommendations relevant to the WFD is here
Czech Republic 17
Enhancing the sustainability of cities which 82 cities fulfil requirements for categories A-D).
Czech Republic has currently also 9 signatories with
The EU Policy on the urban environment encourages commitments to mitigate and adapt to climate change
cities to implement policies for sustainable urban
planning and design, including innovative approaches for under Covenant of Mayors for Climate and Energy, supported by European Commission. Ministry of
urban public transport and mobility, sustainable Environment runs yearly dotation programme Village of
buildings, energy efficiency and urban biodiversity
conservation. the Year – Green Ribbon, awarding villages or rural towns for good practice in green area, water and urban nature
SDG11 aims at making cities and human settlements management.
inclusive, safe, resilient and sustainable.
Europe is a Union of cities and towns; around 75% of the
EU population are living in urban areas. 75 The urban International agreements
environment poses particular challenges for the The EU Treaties require that the Union policy on the environment and human health, whilst also providing environment promotes measures at the international opportunities and efficiency gains in the use of resources. level to deal with regional or worldwide environmental
The Member States, European institutions, cities and problems.
stakeholders have prepared a new Urban Agenda for the Most environmental problems have a transboundary
EU (incorporating the Smart Cities initiative) to tackle nature and often a global scope and they can only be these issues in a comprehensive way, including their addressed effectively through international co-operation. connections with social and economic challenges. At the International environmental agreements concluded by heart of this Urban Agenda will be the development of the Union are binding upon the institutions of the Union twelve partnerships on the identified urban challenges, and on its Member States. This requires the EU and the including air quality and housing 76 . Member States to sign, ratify and effectively implement
The European Commission will launch a new EU all relevant multilateral environmental agreements
benchmark system in 2017. 77 (MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs,
The EU stimulates green cities through awards and which Member States committed to in 2015 and include funding, such as the EU Green Capital Award aimed at many commitments contained already in legally binding cities with more than 100,000 inhabitants and the EU agreements. Green Leaf initiative aimed at cities and towns, with
between 20,000 and 100,000 inhabitants. The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental
implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
The Czech Republic has signed and ratified almost all MEAs. The Czech Republic is an advanced player in the field of international cooperation in water protection based on long term experience. There are bilateral agreements signed with all 4 neighbouring countries and CZ is a party to International Commissions for protection
Czech Republic widely promotes several initiatives. of rivers Elbe, Danube and Oder, which cover all Czech
National “Strategy of support Agenda 21 2020” has been river basins. Implementation and enforcement of adopted in 2012 followed by Action plan in 2016. Until Convention on International Trade in Endangered Species present, 215 Czech cities are in UN MA21 database (of of Wild Fauns and Flora (CITES) and the EU Wildlife Trade
Regulations could be regarded as another example. 78
75 European Environment Agency, Urban environment
76 http://urbanagendaforthe.eu/
77 The Commission is developing an Urban Benchmarking and 78 The Czech Republic has been awarded with the prestigious
Monitoring ('UBaM') tool to be launched in 2017. Best practices “Certificate of Commendation“ by the General Secretary CITES for its emerge and these will be better disseminated via the app featuring exemplary efforts in the fight against illegal wildlife trade.
the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Committee of the Regions, Covenant of Mayors and others.
Czech Republic 18
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful for generating additional revenue form this source: it
subsidies accounts for CZK 14.45 billion in 2030 (EUR 0.52 billion in real 2015 terms), equivalent to 0.22% of GDP. An
The Circular Economy Action Plan encourages the use of increase in the existing circulation tax, with the tax base financial incentives and economic instruments, such as potentially including particulate matter (as well as CO 2 taxation to ensure that product prices better reflect emissions) will help foster improvements in air quality. environmental costs. The phasing out of environmentally The next largest potential contribution to revenue comes harmful subsidies is monitored in the context of the from the proposed amendments to taxes on transport European Semester and in national reform programmes fuels. This accounts for CZK 12.48 billion in 2030 (EUR submitted by Member States. 0.45 billion) (real 2015 terms), equivalent to 0.19% of
Taxing pollution and resource use can generate increased GDP (real 2015 terms), equivalent to 0.42% of GDP.
revenue and brings important social and environmental Figure 11: Environmental tax revenues as a share of total benefits. revenues from taxes and social contributions (excluding
Czech Republic's revenues from environmentally related imputed social contributions) in 2014
83
taxes and fees continued to decline across the last 10
years 79 and reached 2.12% of GDP in 2014 against an EU
average of 2.46%. Energy taxes constitute 1.96% of GDP, slightly above the EU average of 1.88%. Taxes on transport (excluding fuel) in the Czech Republic are among the lowest in the EU (0.14% of GDP compared to the EU28 level of 0.49% GDP). As shown in Figure 11, in
2014 environmental tax revenues accounted for 6.22%
(up from 6.15% in 2013) of total revenues from taxes and
social-security contributions (EU28 average: 6.35%) 80 .
A 2016 study suggests 81 that there is considerable
potential for shifting taxes from labour to environmental
taxes in Czech Republic. Under a good practice scenario 82
the amount could be as much as CZK 30.29 billion in 2018
(EUR 1.09 billion), rising to CZK 55.32 billion in 2030 (EUR
1.99 billion) (both in real 2015 terms). This is equivalent to an additional 0.62% and 0.83% of GDP in 2018 and
2030, respectively. Given the low level of transport taxes
(excluding fuel), there is a potentially considerable scope
79 With the exception of 2009 and 2011
80 http://ec.europa.eu/eurostat/documents/3859598/5936129/KS-GQ-
13-005-EN.PDF/706eda9f-93a8-44ab-900cba8c2557ddb0?version=1.0
81 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016. Study on Assessing the Environmental Fiscal Reform Potential for the EU28. N.B. National governments are responsible for setting tax rates within the EU Single Market rules and this report is not suggesting concrete changes as to the level of environmental taxation. It merely presents the findings of the 2016 study by Eunomia et al on the potential benefits various environmental taxes could bring. It is then for the national authorities to assess this study and their concrete impacts in the national context. A first step in this respect, already done by a number of Member States, is to set up expert groups to assess these and make specific proposals.
82 The good practice scenario means benchmarking to a successful
taxation practice in another Member State.
83 Eurostat, Environmental tax revenues , accessed October 2016
Czech Republic 19
Making good use of the European Structural and
Investments Funds (ESIF) 88 is essential to achieve the
environmental goals and integrate these into other policy
Green Public Procurement areas. Other instruments such as the Horizon 2020, the LIFE programme and EFSI may also support
The EU green public procurement policies encourage implementation and spread off best practice.
Member States to take further steps to reach the target
of applying green procurement criteria to at least 50% of Global budget for the implementation of Cohesion Policy public tenders. in the Czech Republic in 2014-2020 is EUR 24.2 billion
89
Green Public Procurement (GPP) is a process whereby (see Figure 12). The Czech Republic will receive about public authorities seek to procure goods, services and 20% less funds in 2014-2020 period compared to 2007-13 works with a reduced environmental impact throughout period (EUR 22 billion, excl. CEF, in current prices). their life-cycle when compared to goods, services and Despite this reduction, it will continue to benefit from works with the same primary function that would high rate investment intensity, well above the Member otherwise be procured. States average per capita. The purchasing power of public procurement equals to Figure 12: European Structural and Investment Funds approximately 14% of GDP 84 . A substantial part of this 2014-2020: Budget Czech Republic by theme, EUR billion
90
money is spent on sectors with high environmental impact such as construction or transport, so GPP can help to significantly lower the impact of public spending and foster sustainable innovative businesses. The
Commission has proposed EU GPP criteria 85 .
The Ministry of Environment has prepared “Rules for implementing environmental requirements in public procurement of state administration and selfadministration”, which is based on European
Commission’s toolkits and is developed instead of a
National Action Plan (NAP) or a National Strategy on GPP.
GPP criteria are partially developed at the national level and include the product groups for furniture and IT office equipment. Toolkits for other product groups will be
introduced subsequently. 86
In a 2010 study, the share of Czech authorities that included GPP requirements in between 50% and 100% of
their contracts was estimated between 10 and 20% 87 .
Investments: the contribution of EU funds
European Structural and Investment Funds Regulations provide that Member States promote environment and As regards the planned investments per environmental climate objectives in their funding strategies and sector, these target water, waste, air, floods protection programmes for economic, social and territorial and nature. It is too early to draw conclusions as regards cohesion, rural development and maritime policy, and the use and results of ESIF for the period 2014-2020, as reinforce the capacity of implementing bodies to deliver the relevant programmes are still in an early stage of cost-effective and sustainable investments in these areas. their implementation.
There are 9 programmes for ESIF in 2014-2020. The main
84 European Commission, 2015. Public procurement
85 In the Communication “Public procurement for a better environment”
(COM /2008/400) the Commission recommended the creation of a 88 ESIF comprises five funds – the European Regional Development process for setting common GPP criteria. The basic concept of GPP Funds (ERDF), the Cohesion Fund (CF), the European Social Fund relies on having clear, verifiable, justifiable and ambitious (ESF), the European Agricultural Fund for Rural Development environmental criteria for products and services, based on a life-cycle (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The approach and scientific evidence base. ERDF, the CF and the ESF together form the Cohesion Policy funds.
86 European Commission, 2015. Documentation on National GPP Action 89 European Commission, Regional policy Atlas Czech Republic
Plans 90 European Commission, European Structural and Investment Funds 87 Adelphi et al. 2011. Strategic Use of Public Procurement in Europe Data By Country
Czech Republic 20
programme for implementation of environmental other environmental measures, while avoiding financing policies is Operational Programme Environment. measures which could damage the environment;
The environmental expenditure (ERDF +CF) estimates to secondly, ensuring an effective implementation of the
10.3% (based on specific environmental related first pillar of the CAP with regard to cross compliance and categories of expenditure), which, in 2007-2013 period 'greening' of 1st pillar
92 . A more environmentally
corresponded to 18.1%. ambitious implementation of 1st pillar greening would clearly help to improve the environmental situation in
The interventions in the period 2014-2020 should lead to areas not covered by rural development, including additional waste recycling capacities of 700,000 t/year or intensive areas, and if appropriate, the Czech Republic additional population of 150,000 citizens and 60,000 could review its implementation of this still during the citizens served by improved water supply and period 2014-2020. 93 wastewater treatment, respectively.
For the period 2007-2013, the total funds used as of April
2016 for the Czech Republic are 95% for all investment categories; for OP Environment the total funds used
amount to 94%. 91 The challenge for Czech Republic in
programming period 2014-20 is to make good use of EU funds for targeted investments and to enhance the environmental integration as well as to use the potential of the green economy for competitiveness and job creation.
The National Rural Development Program of the Czech
Republic, its European Agriculture and Rural
Development Fund part, amounts to EUR 2,500 million.
Budget for agri-environmental-climate measures represents 29,4% of the total EAFRD budget. Measure on compensation for legal restrictions emanating from implementation of Natura 2000 in the RDP takes up 0,1% of the budget, while the implementation area is very limited (the only limitation in agricultural areas in first zone of National Parks is ban on fertilisation). Measure on natural constraints represents 22% of the whole budget accounted under environmental objectives (but is, like for other countries, without any environmental condition).
The Czech Republic proposes targeted sub-measures for natural values in agricultural areas, and very limited, but as well targeted approach for forestry measures - replacement of stands of site inappropriate species of trees in zones with high depositions, other on restoration by planting exclusively pioneering species of trees, of non-productive investments in forests etc. Anti-flood measures in forests are also foreseen. There is a high potential of RDP to address environmental pressures and to finance also investments with higher added value (e.g. 92 30 % of direct payment envelope could be allocated to greening
forest machinery eligible only in case of them having soil practices beneficial for the environment. 93
conservation attributes). For the purpose of greening implementation in 2015 (Regulation (EU) 1307/2013 i), the Czech Republic made it possible to use 12 elements
With regard to the integration of environmental concerns as ecological focus areas (EFA), out of possible 19 elements. Neither fertilisers nor plant protection products are allowed on short rotation
into the Common Agricultural Policy (CAP), the two key coppice as EFA. Implementation of EFA in form of nitrogen fixing areas for the Czech Republic (as for all Member States) crops can be done via soybean (though divergences of views exist on remain as challenges: firstly, using Rural Development the biodiversity benefits of soya). 100% of Natura 2000 grasslands
funds to pay for environmental land management and were designated as environmentally sensitive, in total 410,595 ha (33% of those inside Natura 2000) 273,211 ha were designated
outside Natura 2000. At the same time it is allowed to convert these 91 Final data for the period 2007-2013 will only be available at the end grasslands to forested areas via RDP measure.
of 2017.
Czech Republic 21
-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all Capacity to implement rules
levels. SDG 17 aims at better implementation, improving
policy coordination and policy coherence, stimulating It is crucial that central, regional and local science, technology and innovation, establishing administrations have the necessary capacities and skills
partnerships and developing measurements of progress. and training to carry out their own tasks and co-operate and co-ordinate effectively with each other, within a
Effective governance of EU environmental legislation and system of multi-level governance. policies requires having an appropriate institutional
framework, policy coherence and coordination, applying The administrative capacity is in general sufficient; legal and non-legal instruments, engaging with nonhowever the high turnover of the staff with every governmental stakeholders, and having adequate levels election has been generating a negative impact on of knowledge and skills 94 . Successful implementation implementation of environmental law and policies. The depends, to a large extent, on central, regional and local Civil Service Act adopted in 2015 (precondition for the government fulfilling key legislative and administrative adoption of the Czech operational programmes for PP tasks, notably adoption of sound implementing 2014-2020) should allow the necessary reform and bring legislation, co-ordinated action to meet environmental the stability, however it is difficult to judge whether this objectives and correct decision-making on matters such is the case yet.
as industrial permits. Beyond fulfilment of these tasks, Although the fall of the former Soviet bloc allowed for government must intervene to ensure day-to-day environmental awareness and the preparation for the compliance by economic operators, utilities and accession to the EU helped to form the environmental individuals ("compliance assurance"). Civil society also agenda, environmental policies lacked ownership at has a role to play, including through legal action. To political and administrative levels over the last decade. underpin the roles of all actors, it is crucial to collect and This is mirrored in the difficulties not only with the share knowledge and evidence on the state of the adoption of environmental legislation but also in its environment and on environmental pressures, drivers effective application. On the other hand, the Czech and impacts. Republic has a wide pool of excellent environmental
Equally, effective governance of EU environmental experts available, but often beyond the national or legislation and policies benefits from a dialogue within regional administration.
Member States and between Member States and the The responsibility for environmental laws and policies lies
Commission on whether the current EU environmental with the Ministry of Environment or Regional Authorities legislation is fit for purpose. Legislation can only be (e.g. environmental departments of regional authorities). properly implemented when it takes into account Local authorities are typically in charge of sectorial experiences at Member State level with putting EU policies, like waste management. The Ministry has also commitments into effect. The Czech Republic is following general supervisory and controlling role. Legislative
the Make it Work initiative 95 . competences are with the Parliament; however the
Effective governance within central, regional central government has also a strong role submitting in
and local government general drafts laws.
There are approximately 120 environmental NGOs
Those involved in implementing environment legislation operating at national or local level in the Czech Republic. at Union, national, regional and local levels need to be The role of NGOs in environmental education, nature equipped with the knowledge, tools and capacity to conservation and support of sustainable living is improve the delivery of benefits from that legislation, traditionally very important, since 1960s. Around 30 and the governance of the enforcement process. NGOs are organised since 1989 in the platform "Green
Circle". The impact of NGOs varies.
The Czech Republic has an average number of infringements concerning mainly non-conformity and bad-application of EU environmental acquis, in particular
94 The Commission has work ongoing to improve the country-specific delayed transposition of the EIA Directive. The sectors
knowledge about quality and functioning of the administrative
systems of Member States. with the main shares of cases were waste, water, air,
95 a Member State driven project, established in 2014, organizes a impact assessment.
discussion on how the clarity, coherence and structure of EU environmental legislation can be improved, without lowering existing protection standards
Czech Republic 22
the integration of environmental policies has only slightly improved over the last decade, being fragmented also by the competences allocation. Long-term thinking is often prevailed by political decisions.
The transposition of the revised EIA Directive 101 will be an
opportunity to streamline the regulatory framework on environmental assessments. The Commission encourages the streamlining of the environmental assessments because this approach reduces duplication and avoids unnecessary overlaps in environmental assessments applicable for a particular project. Moreover, streamlining helps reducing unnecessary administrative
The environmental agenda is narrowly linked to the burden and accelerates decision-making, without planning and permitting, which is in hands of the Ministry compromising the quality of the environmental of Regional Development and Construction authorities. assessment procedure. The Commission has issued a The Czech development system is multistage – the EIA guidance document in 2016
102 regarding the setting up of
process is followed by the zoning decision and building coordinated and/or joint procedures that are permit stages. The current system is often regarded as simultaneously subject to assessments under the EIA too slow and complex; however a unified opinion on its Directive, Habitats Directive, Water Framework Directive, reform does not exist. and the Industrial Emissions Directive
103 .
The Czech Republic's legislation has been found not to be Suggested action in conformity with the Environmental Impact Assessment • Improve the application of EIA and SEA as important (EIA) Directive and therefore it was twice subject to an tools to ensure environmental integration.
EU infringement procedure since the accession of the
Czech Republic into the EU 96 . This had an impact on the
legality of the projects which fall under the EIA Directive Compliance assurance
and which were subject to the development consent
procedures during this period. The amendment to EIA Act EU law generally and specific provisions on inspections,
(and other relevant Acts), should in principle provide for other checks, penalties and environmental liability help rectification of identified deficiencies 97 . However, a long lay the basis for the systems Member States need to pipeline of projects with old/pre-accession EIAs which are have in place to secure compliance with EU to be co-financed in PP 2014-2020 exist in transport environmental rules.
sector 98 . This situation also led to the number of Public authorities help ensure accountability of dutyindividual
complaints increasing in 2016 for the issues of holders by monitoring and promoting compliance and by bad-application of the EIA Directive. taking credible follow-up action (i.e. enforcement) when
Coordination and integration breaches occur or liabilities arise. Compliance monitoring can be done both on the initiative of authorities
The Czech Republic has adopted its national SD Strategy themselves and in response to citizen complaints. It can already in 2004, the currently valid dates to 2010. 99 involve using various kinds of checks, including Though several other strategies have been developed 100 inspections for permitted activities, surveillance for
possible illegal activities, investigations for crimes and
96 The Czech Republic was the only Member State in a considerable risk audits for systemic weaknesses. Similarly, there is a range
of interruption of EU funds 2014-2020 for the ex-ante conditionality of means to promote compliance, including awarenessrelated
to the Environmental Impact Assessment. The risk was raising campaigns and use of guidance documents and
eliminated by the adoption of the amendment of the EIA law in April
2015 in response to second horizontal EIA infringement online information tools. Follow-up to breaches and
97 The amended EIA Act introduces e.g. coherence check, however only liabilities can include administrative action (e.g.
projects with "full" EIAs are covered. Also, it requires the verification of old non-binding EIA Statements, for which new EIA process is inevitable in cases of some projects (projects with EIAs pursuant to National Action Plan for Clean Mobility (2015) the 1992 EIA Act) Strategy of Ministry of Agriculture with prospect of 2030 (2016)
98 In order to allow key transport projects to be early implemented, nine Strategy on Adaptation to Climate Change in the CZ (2015) infrastructure projects with EIAs pursuant to 1992 EIA Act will be 101 The transposition of Directive 2014/52 i/EU is due in May 2017 subject to an accelerated procedure provided by the Government 102 European Commission, 2016. Commission notice — Commission
Resolution adopted in June 2016, while almost 90 would undergo an guidance document on streamlining environmental assessments updated EIA. conducted under Article 2(3) of the Environmental Impact
99 http://www.mzp.cz/cz/udrzitelny_rozvoj Assessment Directive (D irective 2011/92/EU of the European
100 Regional Development Strategy of the CZ (2013) Parliament and of the Council, as amended by Directive 2014/52 i/EU).
Secondary Raw Materials Policy of the CZ (2014) 103 European Commission, [forthcoming 2016]
Czech Republic 23
withdrawal of a permit), use of criminal law 104 and action evaluation 110 .
under liability law (e.g. required remediation after
damage from an accident using liability rules) and The responsibilities it exercises across different contractual law (e.g. measures to require compliance environmental policy areas should put the Czech with nature conservation contracts). Taken together, all Environmental Inspectorate (CEI)
111 in a good position to
of these interventions represent "compliance assurance" undertake both strategic and operational risk-based
as shown in Figure 13. compliance assurance. The CEI operates an informative web-site on which annual activities reports are published,
Best practice has moved towards a risk-based approach including statistical information 112 . Evidence was found
at strategic and operational levels in which the best mix of use of risk-based approaches to target environmental of compliance monitoring, promotion and enforcement is inspections for industrial installations, but with certain directed at the most serious problems. Best practice also limitations. recognises the need for coordination and cooperation The CEI has established cooperation with other between different authorities to ensure consistency, authorities with relevant functions but the cooperation is
avoid duplication of work and reduce administrative not based on formal agreements 113 . The Czech Republic
burden. Active participation in established pan-European is active within IMPEL and EnviCrimeNet and hosted an networks of inspectors, police, prosecutors and judges, IMPEL peer review in 2015 and the 2016 EnviCrimeNet
such as IMPEL 105 , EUFJE 106 , ENPE 107 and EnviCrimeNet 108 , annual conference.
is a valuable tool for sharing experience and good
practices. Up-to-date information is nevertheless lacking in relation to the following:
Figure 13: Environmental compliance assurance − data-collection arrangements to track the use and
effectiveness of different compliance assurance interventions;
− the extent to which risk-based methods are used to direct compliance assurance at the strategic level and in relation to critical activities outside of industrial installations, in particular in specific problem-areas highlighted elsewhere in this Country Report, i.e. the threats to protected habitat types and species, air quality breaches and the pressures on water quality from diffuse water pollution;
− how the Czech authorities ensure a targeted and proportionate response to different types of noncompliant behaviour, given that environmental inspectors have a limited set of enforcement
Currently, there exist a number of sectoral obligations on tools 114 .
inspections and the EU directive on environmental The Czech Republic has established mandatory financial
liability (ELD) 109 provides a means of ensuring that the security for liabilities under the Environmental Liability
"polluter-pays principle" is applied when there are Directive (ELD) from 2013 on. There have been no cases accidents and incidents that harm the environment. of confirmed environmental damage under the Directive, There is also publically available information giving but 15 cases were reported as dismissed in the period insights into existing strengths and weaknesses in each
Member State.
110 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This
For each Member State, the following were therefore highlighted the need for better evidence on how the directive is used reviewed: use of risk-based compliance assurance; in practice; for tools to support its implementation, such as guidance,
coordination and co-operation between authorities and training and ELD registers; and for financial security to be available in
participation in pan-European networks; and key aspects case events or incidents generate remediation costs. 111 . See for details http://www.cizp.cz/lang/l2
of implementation of the ELD based on the Commission's 112 http://www.cizp.cz/Annual-Report. The reports are structured per recently published implementation report and REFIT environmental policy-subject areas and include, inter alia,
information on number of inspections undertaken, penalties imposed and a more detailed description of major cases with naming
104 European Union, Environmental Crime Directive 2008/99/EC the non-compliant duty-holders. The data covers mostly output
105 European Union Network for the Implementation and Enforcement parameters rather than information and analysis of the outcomes of
of Environmental Law compliance assurance work.
106 European Union Forum of judges for the environment 113 http://www.cizp.cz/file/Ot3/Czech-IRI-Report-Final-v-14-01-16.pdf
107 The European Network of Prosecutors for the Environment 114 The IMPEL 2015 IRI report (p. 3 and 34-35) observes that fines are
108 EnviCrimeNet the most commonly used instrument which however are often low
109 European Union, Environmental Liability Directive 2004/35/CE and have little deterrent effect.
Czech Republic 24
between 2007 and 2013, and a few cases were initiated applicable also outside the EIA context and has to be upon public requests. ensured in multi-stage system.
Suggested action Suggested action
• Improve transparency on the organisation and • Take the necessary measures to ensure standing of functioning of compliance assurance and on how environmental NGOs to challenge acts or omissions of significant risks are addressed, as outlined above. a public authority in all sectoral EU environmental laws,
• Encourage greater participation of competent in full compliance with EU law as well as the authorities in the activities of ENPE, EUFJE and Convention on Access to Information, Public EnviCrimeNet. Participation in Decision-making and Access to Justice
• Step up efforts in the implementation of the in environmental matters (Aarhus Convention).
Environmental Liability Directive (ELD) with proactive
initiatives, in particular by drafting national guidance. Access to information, knowledge and
evidence
Public participation and access to justice The Aarhus Convention and related EU legislation on
The Aarhus Convention, related EU legislation on public access to information and the sharing of spatial data participation and environmental impact assessment, and require that the public has access to clear information on the case-law of the Court of Justice require that citizens the environment, including on how Union environmental and their associations should be able to participate in law is being implemented.
decision-making on projects and plans and should enjoy
effective environmental access to justice. It is of crucial importance to public authorities, the public and business that environmental information is shared in
Citizens can more effectively protect the environment if an efficient and effective way. This covers reporting by they can rely on the three "pillars" of the Convention on businesses and public authorities and active Access to Information, Public Participation in Decisiondissemination to the public, increasingly through making and Access to Justice in Environmental Matters electronic means.
("the Aarhus Convention"). Public participation in the
administrative decision making process is an important The Aarhus Convention
116 , the Access to Environmental
element to ensure that the authority takes its decision on Information Directive
117
and the INSPIRE Directive 118
the best possible basis. The Commission intends to together create a legal foundation for the sharing of examine compliance with mandatory public participation environmental information between public authorities
requirements more systematically at a later stage. and with the public. They also represent the green part of the ongoing EU e-Government Action Plan 119 . The first
Access to justice in environmental matters is a set of two instruments create obligations to provide guarantees that allows citizens and their associations to information to the public, both on request and actively. challenge acts or omissions of the public administration The INSPIRE Directive is a pioneering instrument for before a court. It is a tool for decentralised electronic data-sharing between public authorities who implementation of EU environmental law. can vary in their data-sharing policies, e.g. on whether
For each Member State, two crucial elements for access to data is for free. The INSPIRE Directive sets up a effective access to justice have been systematically geoportal which indicates the level of shared spatial data reviewed: the legal standing for the public, including in each Member State – i.e. data related to specific NGOs and the extent to which prohibitive costs represent locations, such as air quality monitoring data. Amongst
a barrier. other benefits it facilitates the public authorities' reporting obligations.
In the Czech Republic the costs to bring an environmental
case to the national courts are not considered as being For each Member State, the accessibility of prohibitively high. However, the Czech Republic had for environmental data (based on what the INSPIRE Directive long period shortcomings in providing the public, notably envisages) as well as data-sharing policies ('open data')
individuals and NGOs, with legal standing which would allow them to initiate court actions in environmental 116
matters 115 and to challenge the substantial breaches of UNECE, 1998. Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in
their rights. For the EIA, the situation was in principle Environmental Matters addressed with the amendment of the EIA Act, which 117 European Union, Directive 2003/4/EC on public access to
came into force in April 2015, while access to justice is environmental information 118 European Union, INSPIRE Directive 2007/2/EC
119 European Union, EU eGovernment Action Plan 2016-2020 - 115 See study on access to justice in environmental matters in Accelerating the digital transformation of government COM(2016)
Czech Republic 25
have been systematically reviewed 120 .
Czech Republic's performance on the implementation of the INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is good, but leaves room for further improvement.
Czech Republic has indicated in the 3-yearly INSPIRE
implementation report 121 that the necessary data-sharing
policies allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are not yet fully available and implemented.
The use and sharing of data has improved, but different licensing approaches still pose a major barrier. The Czech
Republic aims at solving existing licensing issues for spatial information by 2020. In this respect, INSPIRE
Coordination Committee of the Czech Republic has approved a set of actions aiming at unique licence approach applied on INSPIRE data.
Assessments of monitoring reports 122 issued by Czech
Republic and the spatial information that Czech Republic
has published on the INSPIRE geoportal 123 indicate that
not all spatial information needed for the evaluation and implementation of EU environmental law has been made
available or is accessible. So far 124 , 84 % (27 out of 32
themes relevant for the Czech Republic) of information has been published and the Czech Republic has been constantly working on its commitment to make all necessary data themes available before the end of 2016.
Suggested action
• Critically review the effectiveness of its data policies and amend them, taking 'best practices' into consideration.
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.
120 Upon request by the Commission, most Member States provided an
INSPIRE Action Plan addressing implementation issues. These plans are currently being assessed by the Commission.
121 European Commission, INSPIRE reports
123 Inspire Resources Summary Report
124 As of August 2016