Abstrakt
Based on the almost 30 years of experience, the revision of the EIA Directive brings significant changes to the environmental impact assessment of projects, having the main purpose to enhance the quality and efficiency of the decision-making process for projects and to reduce the related administrative burden. Whilst some of the new standards are already included in the national legislation of the Czech Republic, some of them will require some profound research to ensure they can be implemented adequately.
The revision introduces a new definition of the EIA, covering the whole authorisation process up to the final decision. This constitutes a challenge for the correct transposition as the authorisation process in the Czech Republic is divided into various stages.
Another substantial change has been made to the screening procedure, providing the Member States with wider discretion in setting the determination criteria and thresholds. This gives the Czech Republic a great opportunity to reconsider the existing thresholds and modify the current system, including the assessment of so called "under-the-threshold projects".
Other challenges may be related to the call for joint or coordinated procedures, to the implementation of specific tools for the quality and objectivity of the EIA, or the requirement to establish monitoring measures. Last but not least, the new requirement for laying down effective penalties to ensure the fulfilment of obligations arising from the revised EIA Directive will also require complex reflections on what acts or omissions should be penalised, and what sanctions should apply.