CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
The Czech Environmental Inspectorate This is an important supervisory body subordinate to the Ministry of the Environment. The Inspectorate is responsible for supervising compliance with environ- mental legislation. The Inspectorate operates in sev- eral specialist sections focusing – for example – on air, water, nature, soil and waste management. The Nature Conservation Agency of the Czech Republic This organisation, also subordinate to the Ministry of the Environment, manages certain protected areas and participates in the protection of endangered spe- cies and natural habitats. Regional and Municipal Authorities These bodies exercise state administration in the field of environmental protection at the regional and local levels as part of so-called “delegated competence”. National Park Administrations (Krkonoše, Podyjí, Šumava, České Švýcarsko) These are specialised administrative authorities responsible for nature and landscape protection within specific national parks. Their primary task is to ensure the management and conservation of these most valuable natural areas. District Mining Administrations These authorities exercise state administration and supervision over the extraction and utilisation of min- eral resources. Regional Veterinary Administration This authority supervises the proper handling of ani- mal by-products. It also monitors infections in wild animal populations, and supervises compliance with the Act on the Protection of Animals Against Cruelty. 2.2 Co-Operation There is no specific co-operation mechanism con- cerning national key regulatory authorities in the Czech Republic. General mechanisms of co-operation and rules of administrative proceedings conducted by state authorities are laid down in the Administra- tive Procedure Code (Act No 500/2004 Coll). Act No 255/1991 Coll, the Inspection Code, regulates control processes carried out by administrative authorities.
• Acts governing protection against sources of pollu- tion, such as: (a) Act No 541/2020 Coll, on Waste, as amended; (b) Act No 477/2001 Coll, on Packaging, as amended; (c) Act No 258/2000 Coll, on Protection of Public Health, as amended; (d) Act No 350/2011 Coll, on Chemicals and Chemical Mixtures, as amended; (e) Act No 18/1997 Coll, the Atomic Act, as amended; (f) Act No 59/2006 Coll, on Prevention of Major Accidents, as amended; and (g) Act No 73/2012 Coll, on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gases, as amended. 2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities The main national regulatory authorities are as follows. The Government of the Czech Republic The government may declare a state of emergency in the event of natural disasters, environmental or industrial accidents, accidents or other hazards that threaten life, health, property or internal security. It has the authority to decide on the deployment of armed forces outside the territory of the Czech Republic to participate in rescue operations abroad as a result of natural disasters, environmental accidents or other crisis situations. The Ministry of the Environment This plays a key role in environmental policy. As the central state administration body and the supreme supervisory authority in environmental matters, the Ministry of the Environment is responsible for prepar- ing, co-ordinating and implementing the State’s envi- ronmental policy. The Ministry of Agriculture This has jurisdiction over soil protection, forestry, water management, hunting and fishing.
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