2.

Principles of EIA process

According to the current wording of the Environmental Impact Assessment Act (EIA Act), the following principles of the process can be deduced:

Principles of prevention and precaution

The principles of prevention and precaution are the backbone principles of any environmental impact assessment. The principle of prevention is based on preventing damage to state-protected objects.

The precautionary principle has primary support in the Environmental Act, and in the practice of assessment it means proposing measures to mitigate or compensate for negative effects even if there are doubts about the possible occurrence of risk.

Principle of sustainable development

The principle of sustainable development also helps to create the backbone axis of the whole process, and is used as a strategy in several provisions. Among other things, this strategy is reflected in the definition of the purpose of the procedure (the purpose of the EIA and SEA processes is, by law, to contribute to the sustainable development of the society). Most importantly, however, it is applied in the context of assessing the impact of strategies on the sustainable development of the territory concerned (including socio-economic aspects).

Principle of comprehensive and integrated protection

This principle can be interpreted in a dual coherent way in the EIA and SEA processes. First, in the case of projects and strategies, it is necessary to look at the territory concerned in a broader context.

Principle of variation

Two basic variants of how the plans are solved arise directly from the above-mentioned provision of the Act (Section 5(1), EIA Act) – a variant of the plan implementation (in the form submitted by the investor) and a variant with assessment of possible consequences of non-implementation of the plan (the variant without a project or zero variant). Other variants may be formulated and submitted to a competent authority, for example, by state administration and self-government bodies or associations. However, they are included in the assessment only if they are duly substantiated and realistic (Section 7(8) of EIA Act).

The variant character of the solution can be based, for example, on the alternative location of the plan, use of different technologies or materials, alternative building solutions, staging, etc.

Principle of graduality and linking

Within the division of competencies, the environmental impact assessment is dealt with at the national and transboundary levels by the Ministry of the Environment, less serious cases falling within the competence of the regional authorities. The authority responsible for the environmental impact assessment is established by law (Annex 1 to EIA Act). The environmental impact assessment process is based on an inevitable sequence of phases with a logical continuity that cannot be omitted and whose order cannot be changed.

Principle of consistency

The environmental impact assessment is a complex process that focuses on the identification, analysis and elimination of risks associated with the entire life cycle of the assessed buildings, facilities, activities and technologies (plans). According to the wording of the Act, the assessment of plans "assesses the environmental impacts of their preparation, implementation, operation, and possible termination“.

The principle of consistency can also be seen in a follow-up post-project analysis and monitoring of the proposed and implemented measures (for details see a separate chapter).

Monitoring of effectiveness of the proposed measures is also a standard part of the SEA strategic assessment process; the consistency can also be seen in the fact that impact assessment is carried out even in the case of strategy updates.

Principle of expertise and two-step control

The materials for decision-making and issuing a final binding opinion are processed exclusively by professionals with an appropriate authorization. The conditions for authorization are set out in Section 19 of EIA Act and Decree of the Ministry of the Environment No. 453/2017 Sb., on Professional Competence and on the Modification of Some Other Issues Related to EIA.

The identification and assessment of the potential impacts of projects and strategies is carried out by two independent authorized persons in the form of EIA REPORT and an Expert review.

Principle of awareness and public participation

This principle is expressed in the Environmental Impact Assessment Act by the possibility for the public to enter the process throughout its course, typically already at the very beginning. One of the special institutes allowing the public to personally enter the decision-making process is the so-called public hearing. This principle is underlined by the possibilities of citizens, not only through the associations, to initiate a proposal for a variant solution.

Principle of state responsibility

The Constitution of the Czech Republic (Article 7) obliges the state to take care of the thoughtful use of natural resources and the protection of natural wealth. The state assumes this responsibility, among other things, by exercising the delegated jurisdiction implemented in this section by the relevant authorities (Ministry of the Environment, regional authorities). This principle is further reflected in the approval of authorized persons - the state, through the Ministry of the Environment, establishes the legal conditions for granting authorization and ensures the entire process of granting authorizations at a professional and procedural level (in cooperation with the Ministry of Health).

Principle of compliance of decision-making with the public concern

The definition of the public concern is not uniform and always requires the so-called administrative discretion. Under this principle, however, it is important to take into account all important comments that are raised during the proceedings and to reach a consensual decision within the currently defined public concern, dealing with the requirements of all parties.

In the process of the environmental impact assessment we can find other principles and rules, such as the “no harm” principle (including cross-border), the remediation of pollution at source or some modification of the “polluter pays” principle (costs of the assessment are borne by the investor or the submitter).