This Act shall regulate

rights and obligations of persons and competences of administrative bodies in protection of external (outside) air against releasing of pollutants created by human activities and in handling with regulated substances that damage the Earth ozone layer and products containing such substances,

conditions of further reductions in volumes of discharged pollutants having adverse effects to human and animal life, environment or corporeal property,

instruments reducing the quantities of substances affecting the Earth climatic system,

measures leading to a reduction of light pollution of air.

This Act shall not apply to bringing of radionuclides into the environment, which is regulated by the special law.⁾

For the purposes of this Act

'(outside) air' shall mean the tropospheric air, with the exception of air at certain workplaces regulated by the special law⁾ and in confined space (hereinafter referred to as the ,, air''),

'pollutants' shall mean any substances brought to the outside air or originating there secondarily, which have direct or may have, after a physical or chemical conversion, harmful impacts on human and animal life, environment, Earth climatic system or corporeal property,

'polluting the air' shall mean bringing of one or more pollutants to the air as a result of human activities expressed in weight units per time unit,

'emission' shall mean bringing of one or more pollutants to the environment,

'emission limit' shall mean the maximum permissible amount of a pollutant or specified group of pollutants or odorous substances discharged into the air from air polluting sources and expressed as weight concentrations of pollutants in waste gases or mass flows per a time unit or pollutant weight relating to a unit of production or human activity or as number odorous units in a volumetric unit or number of pollutant particles per a volumetric unit,

'emission ceiling' shall mean the maximum permissible aggregate emission of a pollutant or specified group of pollutants resulting out of human activities and expressed in weight units for the period of one year and all pollution sources or their specified group or one pollution source at a specified territory,

'air pollution level' shall mean a weight concentration of pollutants in the air or their depositing from the air to a unit area of Earth surface per a unit of time,

'operator of air pollution source' (hereinafter referred to as the ,,operator'') shall mean a legal or natural person that actually operates the source of air pollution; there where is no such person, the owner of the pollution source⁾ shall be deemed to be the operator,

'imission' shall mean the air pollution expressed as a weight concentration of pollutant of a specified group of pollutants,

'imission limit' shall mean the maximum permissible level of air pollution expressed per a volumetric unit under standard temperature and pressure conditions,

'tolerance' shall mean a percentage of imission limit or a part of its absolute value, by which the imission limit may be exceeded,

'odorous substances' shall mean substances or their mixtures with causing nuisance odorous effects, characterised by the odour number or unit or threshold,

'permissible smoke darkness' shall mean the maximum permissible level of environmental pollution expressed as a coloration of smoke plume or determined in a flue-way by the relevant implementation rules,

'volatile organic compound' shall mean any organic compound or mixture of organic compounds, with the exception of methane, with the vapour pressure value 0.01 kPa or more at 20⁰C (293,15 ⁰K) or possesses corresponding volatility under concrete conditions of its use and which may react, while present in the air and under concurrent sun radiation, with nitrogen oxides to yield photochemical oxidants,

'best technology(ies) available' shall mean the most effective and progressive level of applied technologies and methods of their operating, which are developed on the scale enabling their implementation within a given industrial branch under economically and technically acceptable conditions and which, at the same time, are the most effective in achieving high levels of environmental protection as a whole,

'reduction target' shall mean a percentage, by which it is necessary to reduce emissions of a pollutant or specified group of pollutants resulting out of all air pollution sources located on a specified territory or out of specified air pollution sources, in a comparison with a year specified as a referential one,

'light pollution' shall mean any form of illumination by artificial light, which is dispersed outside the areas to which intended, particularly in cases when directed over the horizon level.

For the purposes of this Act, of protection of the Earth ozone layer

'regulated substance' shall mean any substance damaging the Earth ozone layer laid down in Annex 4 to this Act, regardless whether such a substance is newly produced, reclaimed, recycled or regenerated, occurring independently or in mixtures; insignificant quantities of such a substance originating from an unintentional or random creation within production procedures or use of technology facilities, where the regulated substance is present as a trace impurity or quantities yielded during product manufacturing or handling, shall not be deemed to be the regulated substance,

'handling with regulated substances and products containing them' shall mean their production, import, export, supplying to the market, storage, collection, reclaiming, recycling, regenerating or disposal; the term 'handling' shall also involve the use of a regulated substance in a production processor for quarantine and disinfecting purposes for protection of goods before their transport,

'necessary need of regulated substances for specified purposes' shall mean the need where there is no possibility of already banned substances in instances of protection of human health and life, state security and defence, air traffic and nuclear installations.

For the purposes of this Act within the area of protection of the Earth climatic system:

'Earth climatic system' shall mean all atmosphere, hydrosphere, biosphere, geosphere and their mutual effects,

'climatic change' shall mean such a change, which, directly or indirectly, is connected to human activities changing the global atmosphere composition, and which is, aside natural climatic changes, observed for a comparable period of time,

'substances influencing the Earth climatic system' shall mean carbon dioxide, methane, nitrous oxide, partially and fully fluorinated hydrocarbons and sulphur hexafluoride.

Everybody shall be obliged to limit and prevent the air pollution and reduce the quantities of pollutants specified by this Act and relevant implementation rules and discharged by himself/herself.

All fuels may be produced, stored, imported, sold and used only in compliance with the special law^),) and provisions of this Act as well as the requirements for their quality in terms specified by the implementation rules. According to the Waste Disposal Act, no waste may be used as fuel.

Products containing high percentages of volatile organic compounds may be produced, stored, imported, sold, labelled, transported, pumped and used only in compliance with the requirements for their quality and handling as specified by the implementation rules.

Any burning of substances in the air pollution sources, where such substances are not specified as fuels for such facilities by their manufacturers or, alternately, where these substances are not involved in the relevant technico-operating sets of parameters and technico-organisational measures securing the operations of pollution sources as laid in § 11 Art. 2, shall be prohibited. This ban shall not apply to fire-fighting operations and in an emergency, where the proliferation of certain parasites or diseases makes it necessary as well as to restorative measures in case of natural disasters and other emergencies, in compliance with the special law.⁾

In open and garden fireplaces or open barbecue equipment only wood, charcoal, dry vegetable materials and gaseous fuels specified by the equipment manufacturers may be burnt; at the same time, these fuels must not be contaminated by chemical substances. Municipal authorities in their delegated competences (hereinafter referred to as the ,,municipal authorities''), may specify, through their regulations, different conditions of burning of vegetable materials according to § 50 Art. 1 letter h) or prohibit their burning as long as they provide another possibility of their liquidation according to the special law.⁾

In the development of new and modifications of existing very large stationary sources of air pollution or during their modernisation, the persons authorised to operate the relevant businesses shall be obliged to choose the best technologies available in compliance with the provisions of this Act and the special law.

If technically viable, the pollutants from very large, large and medium sized sources must be discharged to the air in a controlled way, through a stack, exhaust or hood and following the emission control equipment, and their height must be calculated in a manner so that the environment and human health are protected. The procedures of waste gas discharge must be one of listed in the conditions assuring the environmental protection as laid in § 17 Art. 8 letter c) of this Act.

If technically viable and economically acceptable for them, legal and natural persons shall be obliged to use centralised heat sources for new buildings or in modifications of existing ones or to utilise alternative sources, if their operations are in compliance with the provisions of this Act and relevant implementation rules. At the same time they shall be obliged to consider technical and economic feasibility of combined heat & power generation.

If required by the air protection authorities (§ 42) or relevant implementation rules, operators of air pollution sources shall be obliged to submit information on these sources, their technical condition and emissions discharged from them.

In activities performed within premises and places specified by the implementation rules, anybody shall be obliged to perform the orders of the relevant municipal authority, and in compliance with it, to take measures to prevent the occurrence of light pollution of air .

The relevant implementation rules shall specify the requirements for fuel quality from the point of view of air protection, their compliance deadlines, handling procedures of products containing volatile organic compounds and compliance deadlines of these requirements, and. principles and particulars of records and balancing on the consumption of volatile organic compounds.

The relevant implementation rules shall specify the places and premises, where no light pollution is permissible and activities falling under the obligation stipulated in Art. 10, measures of reduction or prevention of light pollution and limits specifying the upper level of light pollution.

Air pollution sources shall be:

mobile, and

stationary

Mobile air pollution sources (hereinafter referred to as the ,,mobile pollution sources'') shall be formed by self-propelled or other transportable or portable equipment fitted with own combustion engines polluting the air, as long as these engines serve to self-propelling purposes or are build-in as an integral technological part of such equipment. This involves in particular:

means of transport, represented by road vehicles, rail vehicles and machinery, aircraft and watercraft,

off-road mobile machinery, represented by compressors, moveable builder's mechanisms and equipment, bulldozers, forklifts, travelling lift platforms, agricultural and forest machinery, road-maintenance vehicles, snow-ploughs, snow scooters and other similar equipment,

portable powered tools fitted with combustion engines, such as powered hammers, lawn-mowers, power-saws and other similar products.

Stationary air pollution sources (hereinafter referred to as the ,,stationary pollution sources'') shall be formed by facilities of combustion or other technological process that pollutes or may pollute the air, and furthermore a colliery, open mine and other area of possibility of heating, burning or dusting of pollutants as well as an area where works and / or activities that cause or may cause the air pollution, and furthermore storage and dump of fuels, raw materials, wastes, products and other similar facilities and activities.

Stationary pollution sources shall be divide according to:

significance of their influence to the air quality to the following categories:

very large,

large,

medium, and

small,

their technological and engineering arrangements to the following categories:

facilities of combustion engineering processes, in which fuel types are oxidised for the purposes of utilisation of heat released this way (hereinafter referred to as the ,,combustion sources''),

incineration plants⁷⁾ and facilities approved according to § 17 Art. 2 letter c) for the purposes of shared waste combustion, a

other stationary sources (hereinafter referred to as the ,,other sources'').

By their thermal inputs or outputs, combustion sources are classified into the following categories:

very large combustion sources are pollution sources of a rated thermal input of 50 MW and higher, regardless of their rated thermal output,

large combustion sources are pollution sources of a rated thermal output higher than 5 MW up to 50 MW and not falling under letter a),

medium combustion sources are pollution sources of a rated thermal output from 0.2 MW to 5 MW (incl.),

small combustion sources are pollution sources of a rated thermal output under 0.2 MW.

For the purposes of specification of a source category and/or emission limits, rated thermal inputs or outputs of very large, large and medium combustion sources of a single operator shall be added up, if:

located in the same room, building/structure or operating unit,

their flue gasses are discharged through a common stack, regardless of number of stack flues, or if stack gases could be, owing to the composition and nature of fuel used, discharged through a common stack.

For the purposes of specification of a source category and/or emission limits, rated thermal inputs or outputs of small combustion sources of a single operator shall be added up, if they are, or could be, discharge through a common stack.

Incineration plants⁷⁾ shall belong to the category of very large or large stationary sources, and according to incinerated waste types, be categorised as:

hazardous-waste incineration plants,

municipal-waste incineration plants, and

incineration plants processing other wastes than municipal or hazardous.

those according to letter a), if their rated operating capacity of liquidated wastes is higher than 10 tons a day,

those according to letter b), if their rated operating capacity of liquidated wastes is higher than 3 tons per hour, or

those according to letter c), if their rated operating capacity of liquidated wastes is higher than 50 tons a day.

The other sources category also involves combustion facilities of process heating, where the pollutants resulting out of combustion of fuels are drawn off together with pollutants produced by the technology process itself.

The operator shall be obliged to classify his/her stationary sources into the relevant category in compliance with the provisions and implementation rules hereof. In doubts about a stationary source status or its classification into the relevant category of stationary sources, the Czech Environment Inspection (hereinafter referred to as the "Inspection") shall decide on a basis of either operator's proposal or through its own incitation.

In case of technologies and their relevant facilities, not used in past (i.e. newly introduced technologies), the relevant stationary source category and emission limits shall be decided by the Ministry of Environment (hereinafter referred to as the ,,Ministry'').

The implementation rules shall stipulate procedures for classification of stationary sources into separate categories.

The permissible level of environmental pollution shall be specified by emission limit values for individual pollutants or their specified groups, permissible smoke darkness, odour number, permissible level of odour disturbance, emission ceilings and reduction targets of individual substances or their specified groups.

Emission limits or stationary sources shall be divided to:

general emission limits as specified for individual pollutants or their specified groups,

specific emission limits as specified for explicitly set out stationary sources; specific emission limits shall be laid down regardless of general emission limits specified for individual pollutants or their specified groups significant there for their quantities and/or emission harmful character.

Emission limits produced by products fitted with combustion engines [§ 4 Art. 2 letter c)] are stipulated by the special law.⁴⁾

If in a very large, large or medium combustion source several fuel types are burned, the emission limits shall be specified by the Inspection through the procedures stipulated by the implementation rules and on the basis of supporting documents submitted by the operator.

Emission ceilings and reduction targets for selected individual pollutants and/or their specified groups and their compliance deadlines or, if applicable, for emission ceilings and reduction targets for particular territories, groups or individual stationary sources, shall be stipulated in national programmes of reduction of pollutant emissions with the objective to meet permissible air pollution levels as laid in § 6 Art. 1.

For a stationary source specified in the implementation rules, the regional authority within its delegated competences (hereinafter referred to as the ,,regional authority''), instead of charging the operator with the duty to meet some emission limits, shall be authorised to charge the operator with the obligation of meeting the emission reduction plan or cutting down the use of raw materials and products giving the origin to pollutant emissions (hereinafter referred to as the ``emission reduction plan'').

According to Art. 6, the operators of stationary sources shall prepare emission reduction plans within the scope specified by the implementation rules and submit it to the regional authorities for their approval.

For a stationary source specified in the implementation rules, the regional authority, instead of charging the operator with the duty of meeting some emission limits, shall charge the operator with the obligation of meeting the requirements of the plan for implementation of good agricultural practice principles with the stationary source.

The emission reduction plans and plans for implementation of good agricultural practice principles with stationary sources shall be prepared, by the operator of relevant source specified in the implementation rules, in time and for a period specified by the air protection authority, with the exception of plans for sources according to § 54 Art. 7, which are to be prepared for a period of five years.

The operator of stationary sources, as specified in Art. 8, shall prepare a draft plan for implementation of good agricultural practice principles within the scope specified by the implementation rules and submit it to the regional authority for its approval together with the application for its implementation. The plan shall be deemed performed if emission limits hereof are met.

The regional authority shall decline any submitted emission reduction plan and/or plan for implementation of good agricultural practice principles in stationary sources, if prepared at variance with this Act and its implementation rules. The negative statement shall have to contain the reasons for such denial and deadline of new plan submission.

The implementation rules shall specify the list of individual pollutants, their specified groups, general and specific emissions limits, calculation procedures of emission limits for cases of joint combustion of several fuel types or common storage of fuels and wastes, operating conditions of stationary sources, criteria specifying whether these requirements are met and emission limits complied with, including the methods of sampling and analyses, permissible smoke darkness levels, odorous substances and odour numbers, particulars and processing methods of emission reduction plans and plans for implementation of good agricultural practice principles with stationary sources and groups of such sources for which these plans are prepared.

Permissible air pollution levels shall be specified by the values of imission limits, tolerances and frequency of cases exceeding the limits for individual pollutants. In the case of tropospheric ozone, the permissible air pollution level is specified by target imission limits and long-term imission objectives. The imission limit must not be exceeded by more than the tolerance value and over the specified frequency of exceeding cases. The imission limits shall be binding for the air protection authorities in their activities.

In co-operation with the relevant central administration bodies, the Ministry shall prepare drafts of national programmes for reduction of those individual pollutants or their specified groups, for which the emission ceilings or reduction targets and their compliance deadlines , and with the objective of air quality improvements through the compliance with imission limits of separate individual pollutants or their specified groups, are specified. The national programmes of emission reduction shall be prepared also for pollutants that have no emission ceilings or reduction targets stipulated, but exceeding of imission limits occurs there.

The drafts of national programmes, prepared according to Art. 2 and submitted by the Ministry, shall be issued in a form of government decree. The national programmes shall be updated every five years.

The programmes according to Art. 2 and 5 may be implemented on the basis of agreements concluded between the air protection authorities and stationary source operators, or persons controlled by them, on problems connected with adverse local climatic or dispersion conditions or, if applicable, other conditions having such effects to the imission situations. Based on such an agreement, the operator may accede to complying with more strict emission limits, without any effect to the provisions of § 17 Art. 2 letter f).

The regional authority shall be obliged to prepare for its territory the regional programme of reduction of emissions of individual pollutants or their specified groups and municipal authorities may prepare, for their respective territories, local programmes of emission reductions of individual pollutants or their specified groups. The regional programmes shall have to be in compliance with the national programmes and local programmes of emission reductions. Contents of national, regional and local programmes of emission reductions are shown in Annex 2 hereof.

Regional and local programmes of emission reductions shall be issued by regional and local authorities in their regulations that are binding for all authorities and administration bodies performing their procedures according to § 17 Art. 9. The information on regional and local programmes of emission reductions shall be displayed at official bulletin boards of relevant regions and municipality, with a corresponding notice, where they can be available for reading; these programmes shall be also published in digital forms and placed in publicly accessible information systems.

Programmes of emission reductions as laid down in Art. 6 shall form a basis of public administration performance at local and regional levels, especially in cases of land-use planning procedures of town planning & land use and building permits, or their modifications and assessment of intentions that may significantly influence clean air conditions or general development concepts or concepts of development of separate commercial segments and branches.⁾

The Ministry shall ensure the air quality monitoring over the whole territory of the Czech Republic. The Ministry may charge with the task of air quality monitoring a legal person founded by the Ministry to this purpose.

The implementation rules shall specify the methods of air quality monitoring, incl. methods of sampling, measurement, assessment of results and other technical requirements; furthermore, they shall specify imission limits and their relevant tolerances for individual pollutants or their specified groups, permissible frequency in cases of exceeding of imission limits, target imission limits, long-term imission targets and their compliance deadlines , binding emission ceilings, individual pollutants or their specified groups, for which annual emission inventories and annual emission projections are related to the target year of 2010 as well as requirements for preparation methods and performance of emission inventories, emission projections and emission reduction programmes.

'Zone of aggravated air quality' shall mean a specified part of territory (zone) or settlement locality (conurbation), where a value of one or more imission limits or ozone target limit or value of one or more imission limits, enlarged by the relevant tolerances, are exceeded.

'Conurbation' shall mean a specified settlement territory, with at least 250 000 inhabitants, or territories with smaller population, where the population density requires special air protection measures.

In zones not falling under the provision of Art. 1, the air protection authorities shall be obliged to specify, in their emission reduction programmes (§ 6), the conditions necessary for maintaining of good air quality and ensure that they are complied with.

Zone specifications according to Art. 1 and 3 and their modifications, if applicable, shall be performed by the Ministry once a year.

In the zones of aggravated air quality, the Ministry shall ensure the monitoring of air pollution level by the pollutants for which the emission limits are specified.

In the zones of aggravated air quality, regional and municipal authorities shall be obliged to prepare programmes of air quality improvement for pollutants, where imission limits and tolerances are exceeded and to specify, in case of tropospheric ozone, the target imission limits and long-term imission objectives for the purposes of their meeting within the deadlines laid down in the implementation rules. This obligation shall also apply to cases, where values air pollution level by tropospheric ozone do not exceed the target imission limits, however, they exceed that of long-term imission targets. The scope and methods of preparation of regional and local programmes of air quality improvement are laid down in Annex hereof.

Regional and local programmes of air quality improvements shall be issued by regional and local authorities in their regulations that are binding for all authorities and administration bodies performing their procedures according to Art. 9 herein and § 17 Art. 9. The information on regional and local programmes of air quality improvement shall be displayed at official bulletin boards of relevant regions and municipality, with a corresponding notice, where they can be available for reading; these programmes shall be also published in digital forms and placed in publicly accessible information systems. The regional and local authorities shall continuously check upon their execution and make their assessment.

In cases, where imission limits and tolerances are exceeded by more than one pollutant, an integrated programme of air quality improvement shall have to be prepared by the relevant regional or municipal authority for the involved zones.

Programmes of air quality improvement, as laid down in Art. 6 and 8, shall form a basis of public administration performance at local and regional levels, especially in cases of land-use planning procedures of town planning & land use and building permits, and in environmental impact assessments of buildings or technological units according to the special law.⁹⁾

For zones, where imission concentrations exceed a value of one or more imission limits, but do not exceed their tolerances, the relevant authorities may prepare the programmes of air quality improvement, as laid down in Art. 6 in a like manner. The information on these programmes of air quality improvement shall be displayed at official bulletin boards of relevant regions and municipality, with a corresponding notice, where they can be available for reading; these programmes shall be also published in digital forms and placed in publicly accessible information systems.

The implementation rules shall specify the methods of air quality assessments, zones of aggravated air quality and good air quality, imission limits for localities with protected ecosystems and their effective periods, if more strict values are specified in future.

The smog situation shall be such a condition of extraordinarily polluted air, where the air pollution level with a pollutant exceeds a special imission level (the forewarning limit). If, based on the evaluation of air quality, the Ministry or the organisation founded by the Ministry expect the formation of smog situation, they shall declare warning measures at the same time.

'Special imission limits' according to Art. 1 shall mean such an air pollution level, any exceeding of which, even for a short-term exposure, brings the risk of damage to human health or ecosystems.

The start and end of the smog situation shall be declared by the Ministry or the organisation founded by the Ministry immediately. Along with the origination of the smog situation, they shall declare regulatory measures to reduce emissions from those stationary sources contributing to the air pollution in a decisive way.

For the zones of aggravated air quality according to § 7 Art. 1, the implementation rules stipulates a warning and regulatory system (hereinafter referred to as the ,,central regulatory code'') and methods of its operating, including the list of stationary sources falling under the regulation according to Art. 3.

In their regulations, regional and municipal authorities shall be obliged to issue in the zones of aggravated air quality the regulatory code for the relevant territory. This regulatory code shall govern declaration and cancellations of smog situation status according to Art. 3 and reduction or stopping of operations of stationary and mobile pollution sources, with the exception of sources regulated according to Art. 3. In preparations of regional and local regulatory codes, the regional and municipal authorities shall reflect negative impacts of reduction or stopping of operations of livestock agricultural facilities.

No regional regulatory code may be in a conflict with the central regulatory code. Local regulatory codes may be in conflict neither with the regional nor central regulatory codes.

Once the smog situation is declared according to Art. 3 , the air protection authorities shall be entitled to:

instruct the operators of stationary pollution sources to reduce or stop the source operations,

instruct the operators mobile pollution sources to reduce or their operations or ban their use altogether.

Regulatory measures shall be declared for a necessary period of time, specifying the reasons and territory involved. In the regulatory measures, the relevant air protection authority shall declare, which persons are involved and what restrictions they must abide.

Persons involved in the regulatory measure shall be obliged to follow the measures for the whole period of its duration, commencing its initial moment, until it is called off.

Regulatory measures, their modifications and cancellations shall be declared by the Ministry or regional authorities in TV and radio broadcasting; municipal authorities shall declare the regulatory measures through local information media. Regulatory measures shall become effective at the moment of their declaration.

On the request of the Ministry or regional authority, any person operating a TV or radio station shall be obliged, without any compensation of relevant costs and/or modification of information content ot its sense, to publish the information on declaration of regulatory measures.

The implementation rules shall specify the values of special imission limits for individual pollutants or their specified groups, incl. methods of sampling, measurement, assessment of results and other technical requirements, the central regulatory code and the way of its performing, including the list of stationary sources falling under the regulation according to Art. 3 and principles of preparation and performing of regional and local regulatory codes.

Pollutant emissions, particularly from very large, large and medium stationary sources shall be determined by their operators through measurements and, in cases set out in the implementation rules, by calculations. In case of doubts, the relevant regional authority shall decide on a request raised by an operator.

Emission measurements shall be performed in places, where no further changes in flue gas compositions take place in the course of discharge into the open air. If a stationary source is fitted with several flue channels, stacks or discharge openings, the emissions shall be measured at each of them. Measuring and assessment of results measured shall be carried out on a one-time basis at the terms stipulated in the implementation rules or continuously all the year round (by continuous measurements).

Continuous emission measurements shall quantify weight concentrations of pollutant emissions discharged form a stationary source in the course of calendar year. Results gained in continuous measurements shall be, in the scope and manner specified by the implementation rules, continuously recorded, evaluated and stored.

If for the given individual pollutants or their specified groups no specific emission limit is specified at a stationary source, then its operator shall be obliged to follow general emission limits. On an operator's request, through its own initiative or a suggestion submitted by the Inspection, the relevant regional authority, by its own decision, shall specify individual pollutants or their specified groups for meeting the general emission limits.

Combustion efficiencies and quantities of discharged pollutants, in case of small combustion sources as laid down in § 12 Art. 1 letter f), shall be determined by authorised persons (§ 15) through measurements performed according to the implementation rules.

Air pollution levels and compliance with imission limits shall be reviewed by the air protection authorities by measurements or combined procedures of measurements and model calculations or other expert evaluation methods.

The measurement, the purpose of which is to prove the compliance with emission limits or verification of accuracy of pollutant measurements performed by operators at very large, large and medium stationary sources shall be performed by persons holding valid authorisations according to § 15 Art. 1 letter a).

In cases stipulated by the implementation rules, pollutant measurements at stationary sources shall be performed by operators by methods stipulated in the implementation rules.

Based on measurement results, the operator shall be obliged to prove pollutant emissions declared by him/her and adherence to the specified emission limits and emission ceilings at the stationary source.

The implementation rules shall specify the scope and methods of measurement of pollutants at stationary sources, including their evaluation, performance of continuous measurements, together with result recording, evaluation, a storage; furthermore, the implementation rules shall specify groups of stationary sources, where pollutants are determined by calculation and calculation procedures, together with emission factors, combustion efficiency measurements at small combustion sources, together with quantities and scope of discharged pollutants, detailed procedures of determination of air pollution levels, along with methods and other requirements, as well as operating conditions of measurement stations.

Bringing of odorous substances from stationary sources to the air, above a level that cause nuisance to the population shall not be permitted.

The level causing permissible nuisance by odours and methods of its determination shall be specified in the implementation rules.

The operators of very large, large and medium stationary sources shall be obliged:

to bring such pollution sources into operation and operate them in compliance with the technical conditions for operating such facilities and in conformity with the conditions set forth by the air protection authorities according to § 17,

to comply with the emission limits, including the deadlines stipulated for their meeting, emission ceilings, permissible darkness of smoke, odour number and not to cause nuisance by odours over the permissible level in populated localities,

to determine quantities of discharged pollutants by the method and procedure stipulated in the implementation rules,

to abide by the instructions of the air protection authorities in carrying out remedies laid in § 38,

to keep operating records on stationary sources in the scope specified in the implementation rules and prepare summary records on data from the operating records and submit them to the relevant air protection authorities,

to provide the relevant air protection authorities with the data according to letter e) as well as other data required by them for necessary evaluations of the pollution source share on the air pollution level,

to remove, without any delay, hazardous situations in operations of stationary sources endangering the air quality and take measures to prevent any accidents; if such circumstances occur, to report on them to the relevant air protection authorities within 24 hours; in case of an accident, characterised as any deviation from normal operations of a source caused by technical failures and where source emission limits can not be complied with, to shut the source down in accordance with the set of technico-organisational practices, if such a failure can not be remedied within 24 hours from the moment of its origin; this provision, however, shall have no effect to the obligations laid down by the special law,⁶⁾

to prepare, for the purposes of emission regulations under circumstances laid in § 8 Art. 1 and 3 regulatory codes for stationary source operations and submit them to the Inspection for an approval,

in case of declaration of regulatory measures according to § 8 Art. 3, to perform obligations resulting out of central, regional and local regulatory codes as laid down in § 8 Art. 4 and 5,

to provide and duly operate technical means of permanent (continuous) measurement of emissions of substances polluting the air, including result recording, evaluation and storage, if required by the implementation rules,

in cases of serious or imminent health risks caused by excessive concentrations of pollutants, to shut down or reduce operations of stationary source or part thereof or any other activity that may form such a cause of air quality deterioration or a threat to it and inform, without undue delay, the Inspection and administration bodies according to the special law ⁶⁾ and perform their instructions for remedies; to inform, at the same time, the general public about the effects of this failure or another cause leading to the origination of these circumstances,

to enable the access of persons authorised by the air protection authorities, to the stationary source for the purposes of determination of pollutant quantities, checking upon operations and technical conditions of the source and, if required, to make available to the general public the information on the air pollution from the stationary source and measures taken to reduce it,

to make accessible to the general public the information on the air pollution from the stationary source and measures taken to reduce it,

to grant necessary information, if required by the Ministry or the Inspection, for a stationary source category assessment according to § 4 Art. 10 and 11 and for determination of scope of monitored pollutants according to § 9 Art. 4,

to perform the tasks resulting out of the emission reduction plan as laid in § 5 Art. 6,

to perform the tasks resulting out of the programmes of air quality improvement as laid in § 7 Art. 6,

to meet the requirements of the plan of implementation of good agricultural practices at stationary sources as laid in § 5 Art. 8,

to submit to the Inspection certificates on pollutant measurement results as laid in § 9 Art. 1, 2, 7 and 9.

furthermore, operators of very large and large operating stationary sources shall be obliged to prepare, within the time limit specified by the Inspection, a set of technico-operating parameters and technico-organisational measures for operations of stationary sources, including mitigating measures and measures taken to remedy the accident effects in compliance with the air protection requirements (hereinafter referred to as the ,,operating instructions'') and submit their drafts and amendment proposals to the Inspection for its approval.  If stipulated by the implementation rules, the operating instructions shall be prepared also by medium source operators in a scope specified accordingly. Once approved, the operating instructions shall be binding for them. This provision, however, shall have no effect to the obligations laid down by the special law.⁶⁾

Incineration plants and facilities approved for concurrent combustion of wastes may be operated only by persons holding valid authorisations according to § 15 Art. 1 letter c).

The operators of small stationary sources shall be obliged:

to bring such pollution sources into operation and operate them in compliance with the conditions set forth for such source operations,

to make the stationary source accessible and to submit necessary supporting documents to the Inspection and persons authorised by the municipalities for the purposes of source category verifications, determination of discharged substance quantities and inspections upon the source technical condition,

to report any stationary source discharging volatile organic compounds to the relevant municipal authority through the procedure set forth in the implementation rules, and to keep records on volatile compounds and submit a summary on their consumption to the municipality every year,

to follow the instructions issued by the air protection authority to ensure remedies according to § 38 Art. 1,

to comply with the permissible smoke darkness and odour number values, if specified, and not to create any nuisance by smoke and odour to the neighbouring population and populated areas,

to provide for, through an authorised person, measurements of combustion efficiencies, quantities of discharged substances and inspections on the condition of flue channels in the source operated within the operator's line of business, all this at least once in two years and to remove any defect found in these procedures; this obligation shall be performed by all the operators of sources burning solid fuels starting from the rated thermal output of 15 kW and with sources burning gaseous or liquid fuels from the rated thermal output of 11 kW; authorised persons for these purposes shall be deemed those holding trade licences for the trade of chimney-sweeping.⁾

The obligations laid down in Art 1 letter b) and f) shall not apply to operators of small sources located in family houses, apartments and buildings of individual recreational purposes, unless these premises are solely operated for business purposes.

Upon a request made by persons authorised by the municipality, the compliance with obligations specified in Art. 1 letter f) shall be demonstrated by the operator by the relevant certificate not older than two years.

Any failure to meet the obligations laid down in Art. 1 letter e) shall constitute an infringement according to the special law.⁾

The implementation rules shall specify the procedures of keeping and scope of data monitored for the purposes of balancing of volatile organic compound consumptions.

The registration of pollution sources and evaluation of air quality, data on pollution sources and their emissions shall be performed by the air protection authorities and kept in the register of air emissions and pollution sources. The register of air emissions and pollution sources shall be kept by the Ministry, which may authorise with these activities a legal person founded by the Ministry to this purpose. This register shall involve also the registration of incineration plants.

The registration and evaluation of substances influencing the Earth climatic system, their emissions and natural reductions shall be kept in the register of substances influencing the Earth climatic system, which is kept by the Ministry, and this may authorise with these activities a legal person founded by the Ministry to this purpose. This register shall involve also data on production, import, export and consumption of fuels and motor fuels.

The registration and evaluation of air quality shall be kept in the register of information system on the air quality. The register of information system on the air quality shall be kept by the Ministry, which may authorise with these activities a legal person founded by the Ministry to this purpose. The registers pursuant to Art. 1 and 2 shall form a part of this system.

Operators of very large and large stationary sources shall be obliged to process, from the operating record, the operating summary per each operated stationary source for the relevant calendar year and submit it to the Inspection by 15^th February in the following year.

Operators of medium stationary sources shall be obliged to process, from the operating record, the operating summary per each operated stationary source for the relevant calendar year and submit it to the relevant district authorities by 15^th February in the following year.

The inspections according to Art. 4 and the district authorities according to Art. 5 shall verify the accuracy of the operating summary and submit them to the Ministry for the registration purposes according to Art. 1.

Anybody who performs the determination of air pollution level according to § 9 Art. 6 for a consideration paid from public finances shall be obliged to submit to the Ministry the result of such findings for the register of information system on the air quality within 30 days from the date of such findings.

The implementation rules shall specify particulars and procedures of keeping of operating records for very large, large and medium stationary sources, methods of data processing for the operating summary, preparation of operating instructions and procedures of reporting of failures of stationary sources.

Operators of mobile pollution sources shall be obliged to operate and maintain these sources in compliance with the requirements stipulated by the special law ^4),5),8), including the adherence to the specified emission limits.

The manufacturers and importers shall be obliged to manufacture and import only such mobile sources that comply with the requirements for their operations and emission limits stipulated by the special law.^4),5),8)

The operators of mobile pollution sources shall be obliged to follow the instructions of air protection authorities issued according to § 8 Art. 7 letter b).

Pursuant to this Act, certificates of authorisation shall be required for:

pollutant emission or imission measurements according to § 9 Art. 7, determination of odour number and odour nuisance level for the population, gas state values, concentrations of reference substances and moisture content in gases and verification of pollutant measurement accuracy,

measurement of combustion efficiency of combustion sources and discharged substances and for inspection of flueways according to § 9 Art. 5,

operating of incineration plants, facilities for concurrent waste combustion and very large combustion sources,

preparation of dispersion studies and expert statements according to § 17 Art. 6.

The certificates of authorisation according to Art. 1 shall be issued by the Ministry to natural and legal persons upon their applications. In case of legal persons, such an application shall be submitted by the relevant statutory body or its authorised representative that complies with the requirements of special law.¹⁰⁾

The application for the certificate of authorisation according to Art. 1 letter a) shall contain the following items:

first name, family name, birth identification number or date of birth, if the birth identification number is not available, applicant's permanent residence - if the applicant is a natural person; or business name, legal status, official seat and company identification number- if the applicant is a legal person,

statement about the scope of substances that the applicant intends to measure and specification whether emission or imission measurements are involved, determination of odour number and odour nuisance level for the population, gas state values, concentrations of reference substances and moisture content in gases,

list of natural persons that are in employment or similar relations to the applicant and participate in the measurements and documents about their professional training,

first name, family name and permanent residence of responsible representative of the legal person or, if applicable, of the natural person, if appointed by the natural person according to the Trade licensing Act,

list of instruments purported to perform the measurements, including the list of their series numbers, models, manufacturers, manufacturing years, documents on legal title to these instruments, instrument calibrations and list of chemicals used for these measurements, including calibration gases,

list of methods, sampling procedures and their processing for measurement purposes, including final analytical methods and procedures to be used,

statement on measurement result processing procedures and result record form (the measurement certificate),

quality manual prepared in the scope of measurements as specified under letter b),

documents confirming successful results of inter-laboratory comparison of testing and assurance of metrological linking of gauges and activities according to letters e) and f),

trade licences according to the special law.¹⁰⁾

The application for the certificate of authorisation according to Art. 1 letter b) shall contain the particulars laid down in Art. 3 letter a), b), c), d), f), g), h) and j), including the documents on meeting the requirements for professional competences according to the special law.¹⁰⁾

The application for the certificate of authorisation according to Art. 1 letter c) shall contain the particulars laid down in Art. 3 letter a) and d) and the applicant shall supplement the application with:

document on legal relations of the applicant to the operated stationary source involved in the application,

exact and detailed technical description of the stationary source, including the air protection measures,

complete specification of waste types and categories according to the special law,⁷⁾ the combustion of which is permitted with the relevant stationary source and documented by the relevant decisions of the air protection authorities,

particulars on authorisations and permits for activities according to the special law ¹⁰⁾ as issued to the persons performing these activities at the stationary sources,

measurement (testing) certificates on air pollutant emissions (current), if the stationary source is already operated,

exact and detailed technical description of equipment and accessories for measurement, recording and evaluation of pollutant emissions and technico-operating parameters, there where required by the special law,

trade licence, if the applicant is already in the relevant business,

documents on keeping of records and proper handling of wastes produced in the stationary source operations,

receipt on payments for air pollution charges for the period of last three years.

The application for the certificate of authorisation according to Art. 1 letter d) shall contain the particulars laid down in Art. 3 letter a). Along with the application, the applicant shall enclose the description of procedures for preparation of dispersion studies and dispersion studies already worked out or the description and examples of his/her procedures for preparation of expert statements according to § 17 Art. 6.

Before the issue of the certificate of authorisation according to Art. 1 letter a), b) and d), the applicant shall be obliged to demonstrate the familiarity with methods of air pollutant sampling, methods for determination of concentrations of these pollutants, their evaluation, methods of determination of odour number and odour nuisance level for the population, gas state values, concentrations of reference substances and moisture content in gases, principles of good laboratory practice and metrology and methods for preparation of dispersion studies. This familiarity shall be demonstrated only with the activities forming the subject matter of the application for the certificate of authorisation.

Applicants according to Art. 1 shall be obliged to undergo an examination of their familiarity with the law governing the environmental protection, within the scope of their activities.

The certificate of authorisation shall be issued for the definite period of time not exceeding 5 years and it may contain conditions, under which the relevant activity is to be performed. The application for the certificate of authorisation may be filed repeatedly. The certificate of authorisation shall not be transferable to another person. There shall be no legal claim for the issue of the certificate of authorisation and/or for its validity extension.

Any natural or legal person, being the holder of valid certificate of authorisation (hereinafter referred to as the ,,authorised person''), may apply for an extension of validity of this certificate before its expiration, however, no later than three months before the expiration date. If, within this period, the authorised person files the application for the validity extension, then the existing certificate of authorisation shall be valid until the Ministry decides on the application for the extension of validity of the certificate of authorisation.

The Ministry shall annul any certificate of authorisation issued to the authorised person, if this person:

is in a serious breach of duties within the framework of these activities, particularly in cases of reporting distorted or incorrect data or a failure to follow the methods and procedures laid down in the certificate of authorisation, or failure to meet the obligations laid down in § 13 Art. 7,

loses the competence to execute the authorised activities because of lack of necessary instruments, or

being the legal person, does not appoint its responsible representative according to Art. 3 letter d) or has no persons competent for such measurement in relevant employment or similar relations.

The Ministry shall be also entitled to annul the certificate of authorisation in cases of substantial changes in the conditions under which the certificate of authorisation is issued.

The validity of the certificate of authorisation shall expire

on expiration of the period for which it is issued, with the exception of the procedure according to Art. 10,

through death of natural person or by declaration of such person to be dead, or

by extinction of the legal person to which the certificate of authorisation is issued.

The implementation rules shall specify the scope of skills as necessary conditions for the issue of the certificate of authorisation, procedures of their verification and keeping of records on issued certificates of authorisation.

The authorised person shall be obliged to perform the activities for which the certificate of authorisation is issued in a manner preventing any conflicts of interest; in particular, the authorised person must not perform any emission measurements of stationary sourced operated by this person or if this person shares in the production / operations involving such a source.

Upon a request raised by the Inspection that verifies the accuracy of measurements, their records or evaluations, the authorised person shall be obliged to submit measurement certificates and provide data and documents needed to this purpose and grant necessary co-operation.

The authorised person shall be obliged to undergo the procedures of checking upon its relevant activities. The inspection procedures shall be performed either by the Inspection or the Ministry in its position of the supreme state supervision body.

The authorised person shall be obliged to notify the Ministry about any change in data submitted in the application within 30 days from the date of such change.

The relevant air protection authorities shall issue their statements and permits for procedures according to the special law ⁾ , which contains the conditions of air protection. These are as follows:

statements to town planning & land use and planning documentations in the course of their processing,

permits of building siting in cases of very large, large and medium stationary sources,

building permits of very large, large and medium stationary sources, and their amendments,

permits issued for very large, large and medium stationary sources commissioning them for trial and permanent operations.

The permits issued by the relevant air protection authority, containing the conditions of air protection, shall be also required for:

development intentions for implementation of new production units with impacts to the air in very large, large and medium stationary sources,

development intentions for implementation of new technologies with impacts to the air in very large, large and medium stationary sources,

incineration or concurrent burning of wastes, including used oils according to § 18 Art. 1 or 2,

production of equipment, materials and products that pollute or may pollute the air, with the exception of products specified for conformity assessments according to the special law ,⁴⁾

production of new technologies, products and equipment serving for the air protection, including technical operating conditions and drafts of manufacturer's operating instructions, with the exception of products specified for conformity assessments according to the special law ,⁴⁾

changes in use of fuels, raw materials and/or wastes and changes in the use of technology equipment in the case of very large, large and medium stationary sources; within the framework of the permit, regional authorities may stipulate, owing to the character of such a change, even such emission limits that are not specified for the given stationary source in the implementation rules, or set more strict emission limits for said source,

issue and modifications of the operating instructions according to § 11 Art. 2,

increase of sulphur content in liquid fuels for stationary sources,

continuation of stationary source service on the expiry of the current permits validity.

Without a positive statement according to Art. 1, no town planning & land use and planning decision concerning very large, large and medium stationary sources shall be issued. The air protection conditions and terms specified in Art. 1 shall be binding for administration bodies issuing the decisions according to the special law.¹²⁾

Permits according to Art. 1, through letter b) to d) and Art. 2 letter c), d), e), f), h) and i) may be issued for a definite period of time.

Applications according to Art. 1 letter b) and c) and Art. 2 letter a), b), d) and e) shall contain an expert statement, and in cases falling under Art. 1 letter b) also dispersion studies prepared according to the binding procedures for dispersion study processing, along with the reasons showing the most suitable solution from the point of view of air protection, including emission values and conditions of adherence to the emission limits.

The expert statement or dispersion study must be prepared by the person authorised according to § 15 Art. 1 letter d). It shall be admissible to submit an expert statement or dispersion study prepared earlier, if the subject matter processed there does not differ from the data shown in the application and the relevant document is not older than 2 years.

Permits according to Art. 1, through letter b) to d) and Art. 2, through letter a) to g) and i) shall contain, in particular, the following particulars:

in case of a very large, large and medium stationary source, its description or description of equipment, product or material forming the subject of the application, including the source identification number under which is registered in the register of emissions and pollution sources according to § 13 Art. 1, if such a number is assigned,

binding operating conditions of the stationary source from the point of view of air protection.

Stationary source operating conditions shall contain in particular:

emission limits of pollutants and other conditions of air protection, unless stipulated by a special law,

measures taken for elimination of risks of potential environmental pollution,

conditions providing protection of the environment.

In issuing statements and permits according to § 17 Art. 1 and 2 that relate to the zones of aggravated air quality, the relevant air protection authority shall base them on the programmes of air quality improvement prepared according to § 7 Art. 6, 7 and 9 hereof. In other localities, the relevant air protection authority shall proceed in compliance national, regional and local programmes of emission reduction according to § 6 Art. 2, 5 and 6.

The implementation rules shall specify particulars of permit applications according to Art. 1 letter b), c) and d) and according to Art. 2, through letter a) to i), containing the air protection conditions and binding procedures for dispersion study processing according to Art. 5.

According to the special law ⁷⁾, wastes, including used oils falling under this law⁷⁾, may be incinerated or concurrently burned by the operators in incineration plants or very large or large stationary sources approved by the Inspection for waste concurrent burning according to § 17 Art. 2 letter c) or f).

Used oils may be incinerated in combustion sources according to § 4 Art. 5 letter c) if these sources are operated by a legal or natural person holding relevant trade licences and exclusively in the connection with the relevant line of business, and as long as their operator, assuming that all other obligations stipulated herein are met, shall provide for:

registration of the source and its classification in the category of large stationary source, regardless of its thermal output, and

equipping the source in a manner guaranteeing the adherence to the emission limits as stipulated by the provisions of the implementation rules, and

approval issued by the Inspection for incineration of used oils in the source § 17 Art. 2 letter c), and

separate and part-by-part storage of used oils, and

conclusive test certificate issued by the authorised person for every such a part and confirming that due to the composition of the relevant part, and if the equipment is operated according to letter b), no other emissions than those resulting from gas oil combustion processes may occur, with the total sum of polychlorinated biphenyl and polychlorinated terphenyl contents not exceeding the level of 10 ppm, and

measures, demonstrably securing the certified/tested part of used oils against any further replenishments following the certification sampling according to letter d) until the certified part is completely depleted and incinerated, and

demonstrable records on performing of obligations according to letter d) to f); the relevant documents shall be then archived for at least 3 years.

The implementation rules shall specify emission limits and other operating conditions of stationary sources that incinerate or burn concurrently wastes, along with the emission limits and other conditions for incineration and/or concurrent burning of used oils.

Operators of very large, large, medium and small stationary sources shall pay air pollution charges in the level determined by regional, district or municipal authorities (hereinafter referred to as 'charge administrator'). Charges, the level of which does not exceed CZK 500, shall not be assessed and assessment procedures shall be abandoned.

For the purposes of this Act, the assessment period shall be a period of one calendar year within which the stationary source is operated.

For current year, the charge shall be typically paid in advance (art. 12); the level of advance payments shall be specified according to the actual quantities of pollutants in the previous year.

The level of charges, paid by operators of very large and large stationary sources, shall be determined, collected and recovered by the regional authorities;⁾ on request, they submit these data to the Ministry. The charges shall form proceeds of the State Environmental Fund of the Czech Republic. Regional authorities shall keep the records on very large and large stationary sources and on charges assessed for the air pollution.

The level of charges, paid by operators of medium stationary sources, shall be determined by the district authorities. The charges shall be collected and recovered by the tax & revenue office¹³⁾ locally competent to the stationary source locality. The charges shall form proceeds of the State Environmental Fund of the Czech Republic. The district authorities shall keep the records on medium stationary sources and on charges assessed for the air pollution. Copies of all decisions related to the charges shall be sent by the district authorities to the locally competent tax & revenue office within seven days from the effective date of such decisions.

The level of charges, paid by operators of small stationary sources, shall be determined, collected and recovered by the municipal authorities according to the special law.¹³⁾ The municipal authorities shall keep the records on small stationary sources, subject to the charge, and on charges assessed for the air pollution. The charges shall form proceeds of the municipality and must be used exclusively for the air protection purposes.

If there are, within the grounds of single operator, stationary sources falling into different categories, then the relevant charge administrator authorised to decide on pollution charges shall be the one, which is competent to decide on charges related to the highest source category. This provision shall not apply to small pollution sources.

In case of very large, large and medium stationary sources, the charges shall be paid for individual pollutants or their specified groups, for which emission limits are allotted to the relevant source. Annual rates of charges and methods of their calculation are laid down in Annex 1 hereto. Charges calculated in this way shall be rounded up to full hundreds (CZK).

Annual rates of charges in case of small stationary sources shall be assessed by the municipal authorities within the range laid down in Annex 1 hereto, appropriately to the stationary source size and its operating period within the chargeable period and, if applicable, according to the fuel type and consumption.

Operators of very large, large and medium stationary sources shall be obliged to calculate the charges by the procedures according to Art. 8 for every chargeable source and notify the charge administrator about this till 15^th February, after the end of chargeable period or the date specified according to Art. 14. Along with this notice, the operators shall also submit other data necessary for determination of amounts of advance charge payments in the next chargeable period.

The charge administrator shall verify the data shown in the operator's notice and, if the facts decisive for the charge amount are found, issue the decision on the charge assessment and, at the same time, on advance charge payments for the current year in cases where the total charge exceeds CZK 2,000 a year.

The advance charge payments, as laid down in the decisions issued according to Art. 11, shall be paid by the operator in the following way:

over CZK 1,000,000 per year; in monthly advance payments due, at the latest, on the last day of each calendar month,

from CZK 10,000 to 1,000,000 per year, incl.; in quarterly advance payments due, at the latest, on the last day of each calendar quarter,

from CZK 2,000 to 10,000 per year, incl.; in half-year advance payments due, at the latest, on 30^th June and 30^th December respectively, in the relevant calendar year. 

Charges upto CZK 2,000 shall be paid by the operator in as a lump-sum due on the date specified in the decision on the charge assessment.

In the first year of stationary source in the service, advance charge payments shall be determined by a calculation based on the source design capacity. The notification duty according to Art. 10 shall be performed by the operator within 2 months from the date of issue of the operating permit.

Combustion sources of rated thermal output up to 50 kW shall not constitute subjects chargeable for the air pollution, unless operated by a natural person exclusively within its line of business or by a legal person.

Operators of small chargeable sources shall be obliged to deliver necessary supporting data for determination of charge amounts for the current year no later than 15^th February following the end of chargeable period.

Small combustion sources with charge zero-ratings shall not constitute chargeable subjects and the notification duty according to Art. 16 shall not apply to them.

If an operator of very large, large or medium stationary source demonstrably commences at this source works aimed to reduce chargeable emissions of pollutants at least by 15% and meets the conditions specified in Art. 2, then the charge administrator shall decide on deferred advance payments for the relevant pollutant in the level of 60% of total air pollution charge amount for the implementation period of above given works.

The conditions of deferred charge advance payments according to Art. 1 shall involve:

meeting of emission limits specified for the relevant stationary source,

operator's application for partial deferred charge advance payments, along with a detailed description of the works and their schedule related to the reduction in the required level of emissions of individual pollutants or their specified group,

notification on demonstrably commenced works aimed to reduce chargeable emissions at the stationary source, and

completion date of works aimed to reduce chargeable emissions at the stationary source within 2 years from the commencement date.

Partially deferred payments of charge advances for the purposes of emission reductions at the stationary source shall apply to a source of its equipment, which can be independently operated and where the works aimed to reduce chargeable emissions of discharged pollutants are directly performed and to works related to the emission reductions.

Partially deferred payments of charge advances shall be permitted by the charge administrator as of the first day on the month following the day of actual commencement of construction works or source equipment modifications demonstrated by an entry in the site log or certificate on works commencement. The deferral shall be terminated on the last day of the month in which the written notification on the works completion is delivered to the charge administrator.

The planned implementation period of works according to Art. 1 and conditions for partially deferred payments of charge advances shall be determined by the charge administrator in his/her decision issued according to Art. 1. If the charge administrators are district authorities, then a copy of such a decision shall be sent to the locally competent tax & revenue offices within 7 days from the decision effective date.

The operator shall be obliged to notify the charge administrator on the completion of works aimed to reduce emissions with the relevant stationary source according to § 21, Art. 1 within 30 days from the date of origin of this event.

The deadline specified for the completion of works aimed to reduce the emissions with the relevant stationary source shall be deemed to be complied with, if, before its expiration, the operator proves the compliance with emission limits laid down in the relevant decision on the partial deferred charge advance payments. In noteworthy cases, the charge administrator may postpone the deadline of meeting the required levels, however, not further than within 6 months from the deadline specified for the works commencement according to § 21 Art. 5.

If the operator completes the works aimed to reduce the emissions in compliance with the conditions specified in the decision, the charge administrator shall waive the obligation of additional payment of the remaining part of the charge. If the conditions of deferred advance payments are not complied with, the charge administrator shall decide on the liability of additional payment of the remaining part of the charge and specified to the operator a reasonable period to do so. The charge administrator shall issue the decision of the waiver or obligation of additional payment within the period of three months from the date of finding decisive conditions for such a decision. If the charge administrators are district authorities, then a copy of such a decision shall be sent to the locally competent tax & revenue offices.

If the works aimed to reduce the emissions are delayed, and the operator is not demonstrably guilty for such a delay, the charge administrator, on the operator's request, shall extend the works completion deadline accordingly, nevertheless nor longer than by one year.

If the operator can not achieve the planned volume of emission reduction as laid down in the decision according to § 21 Art. 1, and if all other conditions are complied with, the charge administrator shall be entitled to decide on a partial waiver of adequate part of the amount of deferred charges corresponding to the share of actually reduced emissions as compared to the originally planned level.

Production, importation, placing on the market and use shall be banned for :

chlorofluorocarbons (CFCs),

other fully halogenated chlorofluorocarbons,

halons,

carbon tetrachloride,

1,1,1-trichloroethane,

hydrobromofluorocarbons,

bromochloromethane,

Production shall be banned for:

methyl bromide,

hydrofluorocarbons.

Annual quotas for methyl bromide imports shall be stipulated by the implementation rules for following periods until 31^st December 2004. Any imports of methyl bromide after this date shall be banned and this ban shall apply also to its placing on the market as well as use for importer own needs.

Annual quotas for hydrofluorocarbons imports shall be stipulated by the implementation rules for following periods until 31^st December 2009. Any imports of hydrofluorocarbons after this date shall be banned and this ban shall apply also to their placing on the market as well as use for importer own needs.

Bans and restrictions according to Arts. 1 to 4 shall not apply to cases of use of regulated substances to cover essential use, or use as them as raw materials or technological means (§ 24), for quarantine and desinfection purposes for goods protection before transit and for scientific and laboratory use. For handling with regulated substances the approval of the Ministry shall be necessary, in which the type and amounts of regulated substances are specified, as well as other conditions, if applicable, especially for disposal of their remaining quantities.

Bans according to Arts. 1 and 2 shall not apply to cases of regulated substances obtained by reclaiming, recycling or regeneration. Reclaiming, recycling or regeneration shall not be considered as 'production' in the sense of Arts. 1 and 2 above.

Bans according to Art. 1 shall not apply to placing of halons on the market and their use, if they are reclaimed, recycled or regenerated in the existing fire protection systems until 31^st December 2002, or placing of halons on the market and their use for critical use in cases laid down in Annex 8 hereof. The fire protection systems and fire extinguishers containing halons shall have to be taken out of service until 31^st December 2003 at the latest.

The implementation rules shall specify the total annual limit of produced and imported quantities of regulated substances and placed on the internal market for their use, incl. covering of the essential use.

Hydrochlorofluorocarbons shall be banned in use as:

aerosols,

solvents,

refrigerants,

and in production of foams,

carrier gases for sterilization of substances in closed systems of equipment produced after 31^st December 1997.

The provisions of Art. 1 shall not apply to the use of hydrochlorofluorocarbons:

in laboratory applications, incl. research and development activities,

as raw material, or

as technological means in equipment, the emissions that are negligible.

Raw material according to Art. 2 letter b) shall mean any regulated substance or new substance that undergoes through a chemical conversion in a process, in which its original composition is changed and the emission of which are negligible.

Technological means according to Art. 2 letter c) shall mean any regulated substance used as a chemical technological mean in applications shown in Annex 7 hereof.

Furthermore, the revisions of Art. 1 shall not apply to the use of hydrochlorofluorocarbons as fire-extinguishing means in the existing systems of fire protection, and if they are used as a substitute product of halons in the applications laid down in Annex 8 hereof and under the following conditions:

halons contained in such systems of fire protection systems of fire protection shall be completely replaced,

halons obtained this way shall be liquidated,

70 % of liquidation costs of hydrochlorofluorocarbons shall be borne by their supplier.

Any handling with regulated substances according to Arts. 2 and 5 shall require the previous approval of the Ministry.

The implementation rules specifies the possibilities in the use of hydrochlorofluorocarbons, to which the ban and/or restricted use shall not apply and deadlines limiting their use in time.

Importation⁾ of regulated substances of products containing these substances may be performed if permitted by the provisions of § 23 and 24, and only on the basis of an official permit of the Ministry and licence issued by the Ministry of Trade and Industry.⁾ In the permit, the Ministry shall specify to the importer the maximum quantity of substances permissible to be imported and other conditions, such as specification of border check-point or submission of a certificate verifying the imported substance nature. There shall be no legal claim for this permit.

The import permit according to Art. 1 shall be issued by the Ministry only for substances:

falling into groups VI and VIII as laid down in Annex 4 hereof,

used for necessary need or for quarantine and desinfection purposes for goods protection before transit,

used as raw materials or technological means or imported back after their regeneration abroad.

No permit of the Ministry for transit of regulated substances and/or products containing these substances shall be necessary.

For release of regulated substances and/or products containing these substances for free circulation⁾, the importer shall submit to the relevant Custom Offices the permit issued by the Ministry according to Art. 1.

The custom authorities shall not release regulated substances and/or products containing these substances into the practice of active finishing treatment, passive finishing treatment or to the treatment under the customs supervision.

In Annexes 5 and 6 hereof, the list of binding codes of combined classification for the registration purposes and documentation in handling with regulated substances and/or products containing these substances is shown.

The implementation rules shall stipulate the particulars contained in the application for the import permit for regulated substances and/or products containing these substances.

for products and equipment containing halons and purported for the purposes laid down in Annex 8 hereof,

exported for regeneration purposes.

Exports⁾ of regulated substances and/or products containing these substances shall be permissible, if not banned completely, only on the basis of on the basis of an official permit of the Ministry and licence issued by the Ministry of Trade and Industry.¹⁵⁾ There shall be no legal claim for this permit.

The implementation rules shall stipulate the particulars contained in the application for the export permit for regulated substances and/or products containing these substances..

Imports and exports of regulated substances and/or products containing these substances from and to a state or states that are not parties to the Montreal Protocol on Substances that Deplete the Earth Ozone Layer as amended and supplemented later (hereinafter referred to as the ,,Protocol'') or from territories to which the Protocol does not apply, shall be banned.

The provision of Art. 1 shall be applied accordingly for exports and imports of regulated substances, if a state or international organisations of regional economic integration do not accede to the Protocol as regards one concrete regulated substance.

The regulated substances contained in:

in refrigerating or air-conditioning equipment and equipment fitted with thermal pumps as well as household fridges and deep-freeze units,

in equipment containing solvents, or

in fire prevention and fire extinguishing systems,

Activities according to Art. 1 shall be performed only under the permit issued by the Ministry. This permit shall be issued for a definite period of time.

Reclaiming shall mean any collection and storage of regulated substances, such as from machinery equipment or other plants and vessels with sealed spaces, in the course of their servicing or liquidation.

Recycling shall mean repeated used of a reclaimed regulated substance having passed through a basic purification process, such as drying or filtration. In cases of refrigerant recycling, this activity shall involve refrigerant filling-up back into the equipment.

Regenerating shall mean reprocessing and improvement of a reclaimed regulated substance by filtration, drying, distillation, chemical treatment and in a like manner for the purposes of renewal of substance properties to meet the specified quality standard.

Reclaiming of regulated substances through activities laid down in Art. 1 shall apply also to products not shown in this article, if technically viable.

Regulated substances that can not be used, must be liquidated by the person keeping them in a manner specified by the Ministry. If such a person is not a holder of permit for liquidation of regulated substances, then he/she shall be obliged to handover the substances to a person/persons holding such a permit. The handover certificate  shall contain the registration number of the relevant permit.

Regulated substances must not be placed on the market in disposable packagings but for those used for the essential use.

In handling with regulated substances, anybody shall be obliged to take preventive measures minimising any potential leakage of them, in particular under manufacturing and operating conditions, technological operations and in cases of use as raw material or technological means.

Leakages of regulated substances shall be supervised and registered by persons holding the relevant trade licence. All equipment containing more than 3 kg of regulated substance, which is not movable, shall be supervised by these persons every year and inspection results kept and archived.

All retired products containing regulated substances shall constitute, during their handover for the purposes of reclaiming these substances to persons holding the relevant permit of the Ministry, hazardous waste.⁷⁾ In liquidation procedures of regulated substances from these products, the principles laid down in Arts. 1 to 7 shall be followed.

The implementation rules shall specify binding technological processes of reclaiming of regulated substances and supervision and procedures of these substances registration.

New substances shall be the substances, where their later classification among regulated substances can be expected, regardless if separate or in a mixture, newly produced, reclaimed, recycled or regenerated; any insignificant amount of a new substance unintentionally produced or produced as a co-product in a manufacturing process or from remaining part of entry feed.

Production, importation, exportation, placement on the market and use of new substances and/or products containing these substances shall be banned. This ban shall not apply to the new substances, if used as a raw material.

For imports and exports of the new substances, the permit issued by the Ministry shall be required.

The implementation rules shall specify the list of the new substances.

Manufacturers, exporters, importers and forwarders of regulated substances and/or products containing these substances shall be obliged to label every packaging or product with the text 'Dangerous for the ozone layer'. This provision shall have no effect to the obligations stipulated by the special law.⁾

Manufacturers, importers and forwarders of products containing the regulated substances shall be obliged to indicate in the accompanying documents, which regulated substances these products contain, their quantities and warning about the danger for the Earth ozone layer and recommended liquidation procedures.

Vendors of regulated substances and/or products containing these substances shall be obliged to mark them according to Art. 1, if they are not labelled and, from accompanying documents is evident that the product contains these substances. This obligation shall not apply to vendors that can prove that no such content of these substances is shown in accompanying documents.

Importers and exporters of regulated substances and/or products containing these substances shall be obliged to indicate in their customs declarations the reference number, under which the permit according to this Act is issued by the Ministry, name and marking of regulated substance and combined classification code.

Manufacturers and importers of regulated substances and/or products containing these substances shall be obliged in their placement on the market to indicate in the bill of delivery the reference number, under which the permit according to this Act is issued by the Ministry.

Manufacturers, exporters, importers, vendors and forwarders of regulated substances and/or products containing these substances shall be obliged, upon the request of the Ministry, the Inspection, the Czech Sales Supervision or relevant customs authorities, to submit the bill of delivery or, if applicable, customs documents for their inspection.

Manufacturers of regulated substances shall be obliged to register these substances and submit to the Ministry, by 28th February of the relevant year, the data for the previous calendar year, in the scope as follows:

total quantity of each regulated substance produced,

total quantity of each regulated substance placed on the market or used for own consumption, where quantities of regulated substance used as raw material, technological means, for quarantine and disinfecting purposes for goods protection before transit and other purposes is shown,

each quantity of regulated substances purported for necessary consumption according to the implementation rules or the use according to Annex 8 hereof,

each quantity of reclaimed, recycled, regenerated or liquidated regulated substance,

quantities of separate stored regulated substances passing for the next year use,

list of persons from which the regulated substances are acquired and to which these substances are handed over, incl. their registration numbers or birth identification numbers or birth dates, if no birth identification number is assigned and permanent residence or official seat address.

Importers of regulated substances shall be obliged to register these substances and submit to the Ministry, by 28th February of the relevant year, the data for the previous calendar year, related to:

quantities of regulated substances passed into free circulation, where separate quantities are to be displayed for imports purported for use as raw materials and technological means for necessary consumption or those for the use according to Annex 8 hereof for quarantine and disinfecting purposes for goods protection before transit and for disposal (liquidation),

quantities of used regulated substances imported for recycling or regeneration purposes,

stocks of these substances,

list of persons from which the regulated substances are acquired and to which these substances are handed over, incl. their addresses, seats, registration numbers or birth identification numbers or birth dates, if no birth identification number is assigned.

Exporters of regulated substances shall be obliged to register these substances and submit to the Ministry, by 28th February of the relevant year, the data for the previous calendar year, related to:

quantities of exported regulated substances, where separate quantities are to be displayed for exports by each country of destination purported and by their respective use as raw materials and technological means for necessary consumption or those for the use according to Annex 8 hereof for quarantine and disinfecting purposes for goods protection before transit and for liquidation,

quantities of used regulated substances exported for recycling or regeneration purposes,

stocks of these substances,

list of persons from which the regulated substances are acquired and to which these substances are handed over, incl. their addresses, seats, registration numbers or birth identification numbers or birth dates, if no birth identification number is assigned.

Persons holding trade licences shall be obliged to inform the Ministry about the number of operated halon installations and quantities of halons contained in them in the previous calendar year by 28th February of the relevant year.

The Custom Offices shall submit to the Ministry, by 28th February of the relevant year, an extract from the customs registrations on exports and imports of regulated substances and/or products containing these substances, structured by separate persons holding trade licences for the previous year in the scope as laid down in Annex 9 hereof. Upon the Ministry request, the custom authorities shall submit an information on the situation in exports and imports of regulated substances for selected persons holding trade licences.

Persons holding trade licences that are issued with the permit of handling with regulated substances and/or products containing these substances, shall submit to the Ministry, by 28th February of the relevant year, a report on quantities of regulated substances actually handled by such a person during the previous year and in the scope including quantities kept on stock, liquidated, recycled or regenerated by separate regulated substances, including products containing these substances.

In cases of the use of regulated substances as raw materials or technological means, the relevant person according to Art. 6 shall be obliged to submit to the Ministry a report containing a calculation or assessment of regulated substance emissions occurred during such use.

The Ministry shall keep the register of regulated substances and persons handling them.

Manufacturers and importers of regulated substances and/or products containing these substances shall be obliged to pay a charge for manufacture or imported substances or products in the level of CZK 400 per one kilogram of regulated substance.

The charges shall form proceeds of the State Environmental Fund of the Czech Republic and their use is specifically aimed to the protection of the Earth ozone layer.

This charge shall not apply to:

regulate substances used as initial raw materials for conversion to other chemical products,

produced or imported regulated substances serving solely for the purposes of human life and health protection and within necessary needs.

Manufacturers and importers of regulated substances and/or products containing these substances shall be obliged to calculate the charge and pay it, within 30 days after the product shipping date, incl. the use of products for their own consumption or after the date of import of such substances or products ¹⁴⁾, to the State Environmental Fund of the Czech Republic.⁾ Furthermore, they shall be obliged to, within 30 days after the permit validity expiration, to submit to the Inspection the accounts on charged for the previous year.

The implementation rules shall specify separate specimens of applications for export and import permits for regulated substances and/or products containing these substances, and for reclaiming, recycling, regeneration and liquidation of such substances.

Emission ceilings and emission reduction targets for the substances influencing the Earth climatic system and their completion deadlines shall be stipulated in the National Programme for Mitigation of Changes in the Earth Climatic System, which is to be approved by the Government.

The Ministry in the register of the substances influencing the Earth climatic system shall keep registration, emission assessments and natural disappearance of the substances influencing the Earth climatic system.

Operators of very large and large stationary sources shall be obliged to follow the conditions of the protection of the Earth climatic system.

Operators of very large and large stationary sources shall be obliged to submit to the register of the substances influencing the Earth climatic system the data on consumption of these substances and data on fuel consumption.

The implementation rules shall specify detailed conditions of the protection of the Earth climatic system, the scope and manner of submitting the data to the register of the substances influencing the Earth climatic system and connecting parts of the National Programme for Mitigation of Changes in the Earth Climatic System.

The air protection authorities shall make accessible all information on the air pollution level and other information related to the air condition for the benefit of general public. The accessibility of information according to the special law⁾ shall not be affected by this provision.

Furthermore, according to Art. 1, the air protection authorities shall make accessible to the general public:

programmes for improvement of air quality in the zones of aggravated air quality prepared according to § 7 Art. 6 and delineation of zones according to § 7 Art. 4,

emission reduction programmes according to § 6 Art. 2 and 5,

applications for permits and statements of air protection authorities according to § 17, from 23 to 25, 27, 30 and 31, and the permits and statements issued on this basis,

permits for increased levels of sulphur content in liquid fuels purported for stationary sources.

Through a legal person founded by the Ministry, the Ministry shall provide periodic information on the air quality and current state of the ozone layer above the territory of the Czech Republic in regular broadcasting of news media.

The Ministry shall make accessible information on annual aggregates of production, import and export of regulated substances in the Czech Republic and on compliance with the international commitments of the Czech Republic in the sphere of the Earth ozone layer and climatic system protection in its information documents.

The implementation rules shall specify the manner and scope of accessibility of information on the air pollution level and other information related to the air condition.

The Ministry and other central administration bodies shall submit to the relevant bodies the European Community and other bodies laid down in the international treaties that bind the Czech Republic, the information of air condition in the Czech Republic, pollution sources and measures adopted for its improvement as well as information related to the Earth ozone layer and climatic system protection, in the required scope, format and intervals.

The Ministry shall be responsible for mutual submissions of data on the air condition, within the commitments accepted by the Czech Republic through its accession to the Convention on Long-range Transboundary Air Pollution, as well as other commitments resulting out of international treaties binding for the Czech Republic.

The operator not complying with the obligations stipulated herein or resulting out of the special law governing the obligations in the sphere of air protection, shall be charged by the air protection authorities with the remedial measures.

The air protection authorities shall decide on a restriction or shutdown of stationary source operations, if the operator:

operates the stationary source without the statement or permit issued according to § 17 Art. 1 or 2 or

fails to comply with the obligations according to § 11 Art. 1 letter g) or k) under the circumstances of serious and imminent danger to or damage of air quality or,

fails to comply with the emission limits or admissible smoke darkness level or odour number or creates a nuisance by the odour above the permissible level as specified in the implementation rules and took no remedial measure charged by the air protection authorities according to Art. 1, or

repeatedly fails to comply with the obligations for which he/she has been fined according § 40 Art. 2 or 3.

An appeal against the decision according to Art. 2 letter a) and b) shall have no dilatory effect.

Upon finding of serious breach of obligations or bans resulting out of the provisions of Chapter Three hereof, the Inspection shall charge the legal or natural person being in breach with these obligation with remedial measures or propose the cancellation of the permit for handling with regulated substances and products containing these substances, including withdrawal of these substances and products on this person own costs and transferring under the state ownership.

The Inspection shall be entitled to charge the person specified in Art. 1 with the measures conducted on this person costs and aimed to a harmless liquidation or, if applicable, regeneration or recycling of regulated substances and/or products containing these substances. An appeal against this decision shall have no dilatory effect.

In case of repeated serious failings in handling with the regulated substances and/or products containing these substances, the Ministry, by its decision, shall cancel the relevant permit for handling with these substances on the costs of persons with whom such failings are found, including proven costs connected with testing of sample of banned regulated substances.

A fine from CZK 20,000 to CZK 10,000,000 shall be imposed

by the Czech Sales Inspection⁾ upon a manufacturer, importer and vendor of fuels for breaching the obligations laid down in § 3 Art. 2 or 3,

by the Inspection upon an operator of very large, large or medium stationary source, if he/she operates this source without the permit according to § 17 Art. 1 letter b) or c) or d), or without a valid certificate on authorisation in cases laid down in § 15 Art. 1 letter c) or without authorisation for activities as laid down in v § 17 Art. 2.

A fine from CZK 10,000 to CZK 2,000,000 shall be imposed by the Inspection upon an operator of very large or large stationary source, if he/she is in breach with at least one of the obligations laid down in § 3 or in § 11 Art. 1 letters c), d), e), g), i) to n) and s) or in § 11 Art. 2.

A fine from CZK 5,000 to CZK 1,000,000 be imposed by the Inspection upon an operator of medium stationary source, if he/she is in breach with at least one of the obligations laid down in  § 3 or in § 11 Art. 1 letters c), d), e), g), i) to n) and s).

A fine from CZK 500 to CZK 150,000 be imposed by the municipal authorities upon an operator of small stationary source, if he/she is in breach with at least one of the obligations laid down in  § 3 or in § 12 Art. 1.

A fine from CZK 500 to CZK 20,000 be imposed by the air protection authorities upon an operator of a stationary source, if he/she is in breach with the notification duties as laid down in § 19 Art. 10, 14, 16 or § 20 or 22 Art. 1.

A fine from CZK 5,000 to CZK 5,000,000 be imposed by the Inspection upon an operator of very large, large or medium stationary source, who

fails to follow a measure adopted by the air protection authorities resulting out of the smog regulation system as laid down in § 8 Art. 7, or

fails to follow a legally effective decision issued according to § 38 Art. 2 on the reduction or shutdown of stationary source operations. 

A fine from CZK 10,000 to CZK 10,000,000 be imposed by the Inspection upon an operator of very large, large or medium stationary source, who

is in breach with at least one of the obligations laid down in  § 11 Art. 1 letter a), b), f), h), o), p), or r), or

fails to follow a remedial measure charged by the air protection authority according to § 38 Art. 1, or

fails to comply with the air quality improvement programme, or

fails to follow the obligations of the Earth climatic system protection according to § 35.

A fine from CZK 1,000 to CZK 10,000 be imposed by the municipal authorities upon an operator of small stationary source, who fails to

meet a remedial measure according to § 38 Art. 1, or

follow a legally effective decision on the reduction or shutdown of stationary source operations.

A fine from CZK 2,500 to CZK 2,000,000 be imposed by the Inspection upon a person, who is in breach with at least one of the obligations and bans laid down in  § 23 to 33, and the same by the Czech Sales Inspection for breaching of obligations laid down in § 31 Art. 1.

A fine from CZK 500 to CZK 150,000 be imposed by the municipal authorities upon a person, who is in breach with at least one of the obligations laid down in § 3 Art. 5 or 10.

In case of concurrence of several breaches in obligations laid down by this Act with a single operator, the relevant air protection authority shall impose upon him/her such a fine corresponding to the relevant provisions containing separate breaches of the Act with the result that separate fines for such separate breaches shown in separate provisions are added up.

The fines imposed by the Inspection for the breach of obligations according to Chapter Two hereof shall be collected and recovered by the tax & revenue offices and they shall form, by 50% share, the proceeds of the State Environmental Fund of the Czech Republic, and in 50% share the proceeds of municipalities, at which territories such breach of obligations took place.

The fines imposed by the regional and municipal authorities an by the district authority for the breach of obligations according to Chapter Two hereof shall be collected and recovered by these authorities. The fines imposed by the regional and municipal authorities shall form the proceeds of the authority deciding on the fine and these proceeds shall have to be used for the purposes of air protection within the territory under the relevant authority competence. The fines imposed by the district authorities shall form the proceeds of the state budget.

The fines imposed by the Inspection for the breach of obligations according to Chapter Three hereof shall be collected and recovered by the Inspection. These fines shall form the proceeds of the State Environmental Fund of the Czech Republic.

In collection and recovery procedures for the fines imposed under this Act, the relevant authorities shall proceed according to the special law.¹³⁾

The procedures of fine imposing may be commenced only within one year from the date of finding a breach in an obligation, however, no later than three from the date of such breach of obligation and/or ban..

If, within one year from the effective date of fine imposing, a repeated breach in the obligation for which the previous fine is imposed and the operator does not perform the remedial measure he/she is charged by the air protection authority, then this authority shall fine him/her by a fine upto the double of upper limit of fine range.

In the decisions on the fine level, the air protection authority shall reflect the importance of such a breach of legal obligation, its duration time, level of actual or threatening damage and impacts, if any, related to the illegal condition.

the Ministry ,

the Health Ministry,

the Inspection,

the Czech Sales Inspection,,

custom authorities,

regional authorities,

district authorities,

municipalities,

municipal authorities with extended delegated competences.

exercise the competences of the central administration body in the segment of protection of air , ozone layer and Earth climatic system and manage in this segment the execution of state powers,

exercise the supreme state supervision over the segment of protection of air , ozone layer and Earth climatic system,

take standpoints to any intentions that may influence the air cleanliness, in particular cases of development strategies of separate branches, industries and regions,

coordinate research activities and monitors development activities within the segment of protection of air , ozone layer and Earth climatic system, and support spreading of technologies reducing air pollution,

provide for monitoring of air quality as laid in § 6 Art. 8 and operations of the basic network of imission monitoring over the whole territory of the Czech Republic and monitoring of air pollution level according to § 7 Art. 5,

provide for a comprehensive register of air quality information system (AQIS) and the register of emissions and air pollution sources according § 13 Art. 3,

provide for a register of substances influencing the Earth climatic system according to § 13 Art. 2 and register of regulated substances according to § 32 Art. 8,

coordinate preparations of air quality improvement programmes in the zones and conurbations with aggravated air quality according to § 7 Art. 6 in cases of territories exceeding single region competences,

delineate the zones with aggravated air quality according to § 7 Art. 1 and zones according to § 7 Art. 3 and make their modifications, if necessary,

prepare and submit, to the Government for its approval, national programmes of reduction of emission of selected individual pollutants or their specified groups according to § 6 Art. 2,

be responsible for preparations of emission inventories and annual emission projections according to § 6 Art. 9,

issue statements containing the air protection conditions according to § 17 Art. 1 letter a) and permits for increased sulphur content in liquid fuels according to § 17 Art. 2 letter h),

check upon and evaluate of compliance with imission limits and monitoring and assessments of depositions,

decide on appeals against decisions issued by the Inspection and regional authorities,

issue and withdraw the permits for handling with regulated substances according to the provisions of Chapter Three hereof,

declares, through an authorised legal person, weather forecasts related to occurrence of smog situations, commencement and termination of smog situations and pollution sources falling under the regulation measures according to § 8 Art. 1 and 3,

grant expert assistance to regional and district authorities in preparation of regulatory codes,

make information accessible as lid down in this Act and special law,

propose emission ceilings for delineated territories or separate stationary sources,

issue and withdraw certificates of authorisation according to § 15 Art. 1, 11 and 12; exercise the supervision over these activities,

check upon the accuracy of dispersion studies,

decide on source categories in cases of completely new technologies and their equipment according to § 4 Art. 11.

Within the framework of the supreme governmental supervision, the Ministry shall supervise over the adherence to the provisions of this Act and rules issued for its implementation by the air protection authorities.

Within the scope of its competencies laid down by this Act, the Ministry shall be also entitled, within the framework of the supreme governmental supervision, to supervise over the adherence to the provisions of this Act and rules issued for its implementation by natural and legal persons as well as the compliance with the obligations resulting out of decisions issued by the air protection authorities. In case of any defects found, the Ministry shall be entitled to charge relevant remedial measures.

submit to the Ministry proposals for more strict imission limits in cases of justifiable need and based on assessments of health risks,

process and maintain lists of reference concentrations of pollutants for the purposes of assessment and control of health risks,

monitor the population state of health and assessment of health risks in the zones of air aggravated quality and conurbations for the purposes of processing of air quality improvement programmes,

perform special measurements of air condition in selected settlements from the point of view of public health protection and monitoring of the population state of health related to the environment and assessment and control of health risks, according to the special law ²⁾; take share, in the scope agreed with the Ministry and upon its request, in measurements performed within the basic imission network,

take standpoints, from the point of view of human health protection, to any intentions that may influence the air cleanliness, in particular cases of development strategies of separate branches, industries and regions,

take measures aimed to the reduction in consumption of regulated substances to secure the life and health protection with the respect to available substitute products and health care requirements; collect and process, to this purpose, supporting materials and assessments to be submitted to the Ministry.

The 'Inspection' shall

supervise the adherence to the relevant law and decisions of air protection authorities related to the protection of air, ozone layer and Earth climatic system,

perform, at very large, large and medium stationary sources, measurements of pollutants for the purposes of checking on compliance with emission limits and emission ceilings,

verify data of operating summaries, particularly with very large and large stationary sources, and submit them to the Ministry for the registration purposes on sources of pollution,

cooperate with locally competent authorities of air protection and be entitled to require relevant information from them,

in doubts, take decisions on the stationary source identification and classification to the relevant category of stationary sources according to § 4 Art. 10,

charge remedial measures and decide on restrictions or shutdowns of stationary source operations according to § 38,

notify the regional authorities about failings in the procedures of pollutant emission determination according to § 9 Art. 1,

impose fines upon operators of very large, large and medium stationary sources, for breaches of obligations laid down by the provisions of Chapter Two hereof,

decides in cases of combustion of more fuel types in a single plant falling into the category of very large, large and medium stationary sources, on emission limits and other requirements for their operations according to § 5 Art. 4,

make accessible information according to the provisions of this Act and special law,

collect and verify information necessary for assessments of impacts of plant construction and operations for the air quality in another country, in cases that the relevant administration bodies are submitted the intention for such a development project, and submit it to the Ministry,

issue permits according to § 17 Art. 1, letters b) to d) and § 17 Art. 2 letter a) to g) and i) and register operator declarations according to § 54 Art. 9 until 31. 12. 2002; after this date, the Inspection shall become the relevant body of state administration in the official procedures of issue of these permits. The Inspection shall issue to each procedure its statements and grant professional assistance to the regional authorities in these permit issuing procedures,

approve regulatory codes of operators, particularly in cases of very large, large and medium stationary sources, for the purposes of emission control according to § 8,

secure, based on the Ministry decision according to § 39 Art. 1 and 3, withdrawal of regulated substances and/or products containing these substances,

impose fines for failures to comply with obligations laid down by the provisions of Chapter Three hereof.

The Inspection shall supervise on

adherence to the obligations of operators of very large, large and medium stationary sources,

compliance with emission limits and emission ceilings, particularly with of very large, large and medium stationary sources, including the permissible smoke darkness, odour number and permissible level of nuisance to the population caused by odours,

compliance with the programmes of emission reduction according to § 5 Art. 6 and plans for implementation of good agricultural practice at pollution sources according to § 5 Art. 8,

adherence to warning and regulatory measures declared for stationary sources falling under the regulation according to § 8 Art. 3 under the smog situation and adherence to the regulatory codes of stationary sources,

keeping of operating records at very large, large and medium stationary sources, including the specified scope of data,

correct performance of authorised emission and imission measurements,

activities of persons authorised according to § 16 Art. 3; in cases of serious faults the inspection shall propose to the Ministry the withdrawals of authorisation certificates issued to natural and legal persons according to § 15 Art. 11,

adherence to the obligations laid down in § 3 Art. 2 to 4,

adherence to the obligations and bans, as set out in Chapter Three hereof, by persons handling regulated substances and/or products containing these substances,

performance of obligations in the protection of the Earth climatic system according to § 35.

check upon the quality of fuels on the domestic market within the scope of quality parameters laid down by the implementation rules and technical regulations,

check upon the sales of regulated substances and/or products containing these substances, according to the provisions of Chapter Three hereof,

impose fines for failings found according to the special law.²¹⁾

The regional authorities, within their delegated competences, shall

decide on assessment of charges for the air pollution, their deferrals or waivers of their parts, particularly in cases of very large and large stationary sources according to § 19 Art. 4, § 21 Art. 1 and § 22 Art. 3 and 5,

check upon and assess the compliance with imission limits and emission ceilings on the basis of data received from the air quality information system,

perform supervision in the sector of air protection within their territorial competences,

charge the performance of emission reduction plans or plans for implementation of good agricultural practice at pollution sources according to § 5 Art. 6 and 8,

prepare regional emission reduction programmes according to § 6 Art. 5,

prepare air quality improvement programmes according to § 7 Art. 6 in the zones of aggravated air quality that are under their territorial competences,

take share in preparations of national programmes of emission reduction of specific individual pollutants,

approve proposals for contingency measures with very large and large stationary sources and proposals for their modifications,

approve emission reduction plans for stationary sources according to § 5 Art. 7,

prepare integrated programmes of air quality improvements according to § 7 Art. 8,

be able to prepare programmes of air quality improvements under the conditions laid down in § 7 Art. 10,

approve the plans of good agricultural practice at pollution sources according to § 5 Art. 9,

specify individual pollutants or their specified groups for very large, large and medium stationary sources, where the general emission limits are to be applied according to § 9 Art. 4,

declare regulatory measures for reductions of emissions from stationary sources not involved under the regulation according to § 8 Art. 3, and perform the tasks according to § 8 Art. 7; and check upon adherence to these measures and impose fines on operators being in their breach,

make accessible the information on the basis of this Act and special law,

prepare regional regulatory codes according to § 8 Art. 5,

issue, starting from 1^st January 2003, permits set out in § 17, with the exception of statements according to Art. 1 letter a) and permits according to Art. 2 letter h),

impose fines according to § 40,

keep the records on notifications for very large and large stationary sources according to § 54 Art. 9 and, starting from 1^st January 2003, provide these data to the Ministry,

be the relevant state authority in zoning, building and building approval procedures from the point of view of air protection,

determine, in case of doubts, the methods of emission detection according to § 9 Art. 1.

In their independent competencies, the regional authorities shall

take standpoints to drafts of regional and local programmes of emission reduction and air quality improvements (§ 6 and 7),

make comments to any intentions that may influence the air cleanliness, in particular cases of development strategies of separate branches and industries within their territorial competencess.⁹⁾

decide on assessment of charges for the air pollution, their deferrals or waivers of their parts, particularly in cases of medium stationary sources according to § 19 Art. 5 and according to § 21 Art. 5 and § 22 Art. 3 and 5,

verify the data from operational summaries with medium stationary sources and submits them to the Ministry for the registration of stationary sources,

impose fines according to § 40 Art. 5,

keep the records on notifications for medium stationary sources according to § 54 Art. 9 and provide these data to the Ministry,

The municipal authorities, within their delegated competences, shall

be the relevant state authority in zoning, building and building approval procedures from the point of view of air protection,

make accessible the information on the basis of this Act and special law,

decide on assessment of charges for the air pollution with small stationary sources according to § 19 Art. 6,

order to remedy defects at small stationary combustion sources according to § 12 Art. 1 letter f), charge remedial measures related to these defects according to § 38 Art. 1 and impose fine for failures to comply with the charged obligations,

prepare air quality improvement programmes according to § 7 Art. 6 in the zones of aggravated air quality that are under their territorial competences,

be able to prepare local programmes of emission reduction according to § 6 Art. 5,

issue regulations, by which they may prohibit some fuel types for small combustion sources of pollution; the list of these fuels is shown in Annex 11 hereof,

issue regulations, by which they may stipulate the conditions of burning of dry vegetable materials on their respective territories according to § 3 Art. 5 or prohibit such burning completely; in specifications of such conditions, climatic conditions within the relevant territory, air quality, vegetation season and population density shall be taken into the account,

declare regulatory measures for reductions of emissions from stationary sources not involved under the regulation according to § 8 Art. 3 and measures for restriction of operations of mobile pollution sources; inform, in case of  very large, large and medium stationary sources, the Inspection about any infringement of relevant obligations,

keep the records on small stationary sources, where this Act stipulates the notification duty, and provide these data to the Ministry,

issue regulations, by which they may, on their relevant territories, specify the measures according to § 3 Art. 10 for prevention or mitigation of light pollution occurrence.

The municipal authorities, in their delegated competences, shall check on

adherence to obligations by operators of small stationary sources according to § 12; in cases of failure to comply with these obligations, the municipal authorities shall impose fines on them and charge them with remedial measures and decide on restriction or shutdowns of such source operations,

compliance with the permissible smoke darkness, odour number and permissible level of nuisance to the population caused by odours, at operators of small stationary sources, and impose fines for any failure to meet these obligations,

combustion efficiency, measurement of quantities and scope of discharge substances at small stationary sources according to § 12 Art. 1 letter f); the municipal authorities may charge with this task professionally competent legal or natural persons according to the special law ,¹⁰⁾

adherence to obligations according to § 3 Art. 5 and 10 and impose fines for any failure to meet these obligations.

perform checks on exporters and importers of regulated substances and/or products containing these substances and selected substances influencing the Earth climatic system according to Annexes 5, 6 and 10 hereof,

not release imported or exported regulated substances and/or products containing these substances into the proposed customs status, if no permit issued by the Ministry according to this Act is submitted together with the relevant customs declaration, or if the permitted quantities of such substances are exceeded; the allotment of customs approved purpose of regulated substances and/or products containing these substances shall be indicated by the Custom Office in the permit issued pursuant to this Act,

provide the Ministry with the data from the customs records according to Annex 9 hereof that concern the regulated substances and/or products containing these substances as set out in Annexes 4 and  6 hereof and new substance and substances influencing the Earth climatic system as laid down in Annex 10 hereof; similar data shall be provided on exports and imports of fuels, products containing volatile organic compounds and other products set out in the implementation rules.

In the course of execution of their activities, authorised employees of every air protection authority shall be entitled to:

enter, in a necessary scope, or drive in to the land owned by other persons and/or enter buildings used for business or other commercial activities and owned by others, and execute there the duties stipulated by this Act, as long as no permit is required for this according to the special law; the state shall be liable for any damage caused in the course of execution of these powers, without any possibility to get clear from this liability,

require necessary documents, data and written or oral explanation related to the inspected matters,

take samples, in case of any doubts, for the purposes of identification of regulated substances and, on the costs of inspected persons, perform or provide for their analyses,

detain, on the costs of natural or legal persons holding trade licences, regulated substances and/or products containing these substances, in case of finding banned regulated substances,

the Inspection shall be entitled to detain products, in case of doubts on presence of banned regulated substances, until the result of the relevant analysis is available; costs connected with this shall be paid by the inspected person, if it is found that the detained products contain the regulated substance; the relevant inspector shall prepare an official document on detained products, investigations performed and their, if applicable, release.

An appeal against the charged decision of the Inspection on detaining of regulated substances and/or products containing these substances and that do not comply with the quality or composition requirements according to this Act shall be permissible, if filed by the inspected person within three workdays from the date of acquaintance with this charged measure, together with relevant objections, to the Inspection branch that charges this measure. The objections shall have no dilatory effects. The Inspection Director shall decide on the objections without undue delay and his/her decision shall be final. The decision in writing shall be delivered to the inspected person.

The detention of regulated substances and/or products containing these substances according to Art. 2 shall continue until the time of legally effective decision on their forfeiture in favour of the state or their temporary detention, until the breach in obligations, according to Chapter Three hereof, is proved. On the return of regulated substances and/or products containing these substances, the inspector shall issue an official document.

The inspector or authorised employees of the air protection authorities shall be obliged to:

identify themselves by their relevant service identity cards in the course of their supervision duties,

keep secret all facts they learn in the connection with the execution of their duties,

inform the operator on their entry to premises owned by others.

Decision-making processes under this Act shall be governed by the Administration Code,⁾ with the exception of decisions taken according to § 5 Art. 7 a 10, § 6 Art. 6, § 7 Art. 7, § 8 and § 17 Art. 1 letter a) hereof.

The air protection authorities issuing the permits or decisions according to this Act, may modify or withdraw such a permit or decision, either upon their own initiative or based on a suggestion, if

this is required by the public interest of health protection against adverse effects of pollutants on human health, or

the conditions decisive for the issue of such a permit or decision are changed, or

the obligations stipulated by this Act are seriously or repeatedly violated during the exercise of such a permit or decision, or

the authorised person does not use such a permit or decision without any particular reason for a period longer than two years.

Provisions of this act and its implementation rules specifying technical and other conditions concerning the products according to the special law ⁴⁾ shall be considered technical regulations according to this special law.

The municipal authorities with extended scope of competences shall perform commencing 1st January 2003, the administration activities set out in § 49.

All remedial measures, bans on operations or activities and other decisions charged according to § 38 or 39 hereof to the operators of stationary sources or legal or natural persons shall be transferred to their legal successors.

Administration procedures in the sector of air protection commenced before the effective date of this Act shall be completed and penalties charged according to the existing law. The existing law shall be also applicable to the cases where violation of the law is committed before the effective date of this Act.

The authorisations for emission and imission measurements issued according to the law valid before the effective date of this Act shall lose their validity on 31^st December 2003.

The Ministry shall submit to the Government the national Programme of Emission Reduction according to § 6 Art. 3 by 30^th June 2003.

Regional and municipal authorities shall prepare the air quality improvement programmes according to § 7 Art. 6 and emission reduction programmes according to § 6 Art. 5 by 1^st January 2003.

The procedures of assessment of the level of air pollution charges according to § 19 for 2002 shall be governed by the existing law. The records on the air pollution charges shall be handed over by 30^th June 2002.

The operators of very large combustion sources, for which the building permits for the first building structure of the source or any other decisions (such as modification permits for the source building permit) are issued for the first building structure on 1^st January 2003 or later, shall be obliged to comply with the emission limits and other conditions stipulated by the implementation rules for these source form the effective date of this Act. This shall also apply to new parts of sources with rated thermal input of 50 MW or more, for which the building permits are issued and which are commissioned on 1^st January 2003 or later, with combustion sources set out in Arts. 7 and 8, for which the emission limits shall be specified as values corresponding to the total source rated input.

The operators of very large combustion sources, for which the building permits for the first building structure of the source or any other decisions (such as modification permits for the source building permit) have been issued by 1^st July 1987, shall comply with the emission limits and other conditions applied to the source before the effective date of this Act. The operators shall be obliged to submit their plans of emission reductions with the goal to comply with the emission ceiling and other objectives resulting out of the national programme of emission reduction for very large combustion sources according to the implementation rules in a form of written pledge of the operator's statutory representative submitted to the Ministry by 30^th June 2004 at the latest, unless they issue a binding commitment to downscale the source operations. The binding pledge and downscaling plan shall have to prove by supporting documentation that the source is to be operated after 1^st January 2008 to 31^st December 2015, however a total operating period not exceeding 20,000 hours. The emission limits for the sources shall be specified on the basis of actual annual emissions of solid pollutants, sulphur dioxide and nitric oxides for five-year source operations until the 2000 year inclusive, through recalculations of actually reached concentrations of the given pollutants in flue gases to the values of emission limits laid down in the implementation rules to these sources according to § 54 Art. 8 commencing 1^st January 2003.

The operators of very large combustion sources, for which the building permits for the first building structure of the source or any other decisions (such as modification permits for the source building permit with the exception of construction of desulphurisation plant providing the desulphurisation level as stipulated by the implementation rules) is issued from 1^st July 1987 till 31^st December 2002, shall comply with the emission limits and other conditions applied to the source in the implementation rules by 1^st January 2003 at the latest. Until the specified date, the operator shall be obliged to comply with the emission limits in effect for the combustion source before the effective date of this Act. This shall also apply to new parts of sources with rated thermal input of 50 MW or more, for which the building permits are issued and which are commissioned in the period from 1^st January 1887 till 31^st December 2002 for the combustion sources set out in Art. 7, for which the emission limits shall be specified as values corresponding to the total source rated input.

The operators of stationary sources discharging emission of volatile organic compounds that are specified in the implementation rules, shall be obliged

with stationary sources that are issued with the building approval certificates or similar permits to operate before 1st April 2002, or to which Art. 1 applies and these sources are commissioned no later than on 1st April 2003, to comply with the emission limits and other conditions for operations of such sources as laid down in the implementation rules no later than on 31st October 2007 and, within three months from the effective date of this Act to inform about this source the relevant air protection authority. The equipment constructed at these sources based on the plan of reduction of emissions of volatile organic compounds shall have to comply with the emission limits and other conditions for their operations no later than from 31st October 2007. Until this date, they shall be obliged to comply with the emission limits effective with the source until the effective date of this Act as well as other conditions of the source operations set forth in the implementation rules,

with stationary sources that are issued with the building approval certificates or similar permits to operate after 1st April 2002, or to which Art. 1 applies and these sources are commissioned after 1st April 2003, to comply with the emission limits and other conditions for operations of such sources, along with the notification about this source operation to the relevant air protection authority, within three months from the date of source commissioning. This obligation shall apply also to new parts of stationary sources according to letter a) that are commissioned after 1st April 2003.

Operators of all incineration plants and other stationary sources concurrently burning fuel and wastes, shall be obliged to comply with the emission limits and other conditions for operations of such sources as laid down in the implementation rules and in compliance deadlines stipulated by relevant types of individual pollutants or their specified groups. The operators shall be obliged to prepare and follow the plan of emission reduction approved by the air inspection authority, if they are not able to meet emission limits with the source and other conditions for operations of such sources as laid down in the implementation rules, until 1^st January 2003 at the latest. They shall be obliged to meet these emission limits, as based on the plan of emission reduction no later than on 28^th December 2004. Operators of all incineration plants and other stationary sources concurrently burning fuel and wastes, for which the building permit is issued after 28^th December 2002 and building approval certificate after 28^th December 2004, shall be obliged to comply with the emission and other conditions for operations of stationary sources as laid down in the implementation rules, from the date of commissioning.

The relevant operators shall be obliged to terminate the combustion of used oils in small and medium stationary sources within two years from the effective date of this Act.

The operators of stationary sources, to which the provisions of § 18 Art. 1 shall apply, are obliged to apply to the Inspection for the permit according to § 17 Art. 2 letter c) within two years from the effective date of this Act. .

The stationary sources operated before this Act effective date shall be deemed to be classified in the source category according to § 4 Art. 10, as long as this Act does not change their classification.

Operators of incineration plants, plants approved for concurrent burning of wastes and very large combustion sources shall get their authorisations according to § 15 Art. 1 letter c) issued no later than on 31^st December 2003.

The Government shall issue its statutory order for the implementation of § 3 Art. 12, § 4 Art. 12, § 5 Art. 12 and § 6 Art. 9 and § 7 Art. 11.

The Government may, by its order, stipulate the conditions of the Earth climatic system protection for the implementation of § 35 Art. 3, if such a requirement results out of the international treaty on measures for mitigation of Earth climatic changes binding for the Czech Republic.

The Ministry of Environment shall issue its decree for the implementation of § 3 Art. 11, § 4 Art. 12, § 5 Art. 12, § 6 Art. 9, § 8 Art. 12, § 9 Art. 10, § 10 Art. 2, § 12 Art. 5, § 13 Art. 8, § 15 Art. 14, § 17 Art. 10, § 18 Art. 3, § 23 Art. 8, § 24 Art. 7, § 25 Art. 7, § 27 Art. 2, § 29 Art. 12, § 30 Art. 4, § 33 Art. 5, § 35 Art. 3 and § 36 Art. 5.

Act No. 309/1991 Coll., on Protection of the Air against Pollutants (the Clean Air Act).

Act No. 389/1991 Coll., on State Administration in Protection of the Air and Charges on Its Pollution, with the exception of § 6, § 7 Art. 1 and 2, § 8 and Annex to the Act that are annulled as of 1^st January 2003.

Act No. 218/1992 Coll., amending and supplementing Act No. 309/1991 Coll., on Protection of the Air against Pollutants (the Clean Air Act).

Act No. 158/1994 Coll., amending and supplementing Act No. 309/1991 Coll., on Protection of the Air against Pollutants (the Clean Air Act), as amended by Act No. 218/1992 Coll., and Act No. 389/1991 Coll., on State Administration in Protection of the Air and Charges on Its Pollution, as amended by Act No. 211/1993 Coll., with the exception of Art. II , Points 7, 8, 9, 10, 11, 12, 15, 16, 17 and 18 that are annulled as of 1^st January 2003.

Act No. 86/1995 Coll., on the Earth Ozone Layer Protection.

In Annex No. 2 regulated businesses, Group 214 'Miscellaneous', the text of Column 1 is amended as follows: 'Measurements of emissions and imissions except those of motor vehicles' and the text in Column 2 'Authorisation according to § 3 Art. 2 letter i) of Act No. 389/1991 Coll., on State Administration in Protection of the Air and Charges on Its Pollution, as issued by the Czech National Assembly and amended later' shall be annulled.

Annex No. 2 regulated businesses, Group 214 'Miscellaneous', is extended in Column 1 with the text as follows: 'Measurement of polluting and odour substances, processing of dispersion studies' and Column 2 shall be extended with the following wording:

Annex No. 2 regulated businesses, Group 214 'Miscellaneous', is extended in Column 1 with the text as follows: 'Operations of incinerator plants and facilities approved for concurrent waste burning', in Column 2 with the text:

In § 37 Art. 3, including No. 34) footmark, the text shall read as follows:

In § 37, Art. 4, the second sentence, the words: 'measurements of connected work condition factors' shall be replaced by the words: 'risk assessments. The relevant authority of public health protection shall decide on the changed classification of the work.'.

In § 38, beyond the words 'according to § 37 Art. 3 and 4' the following words shall be inserted: 'necessary for risk assessments'.

In § 105 Art. 4, the words'1^st January 2002' shall be replaced with the words '1^st January 2003'.

In § 106 Art. 1, the first sentence passage beyond the semi-colon shall read: 'to the second and third category on '1^st January 2003 at the latest.'.

In § 106 Art. 1, the last sentence shall read:' The results of measurements of concentrations and work condition factor intensities and results of findings by the type and class of biological factors shall have to correspond with the state of working conditions in the time of filing the proposal according to § 37 Art. 3.'.

Section Seventeen is hereby deleted..

I. Class:

II. Class:

Charge rates for very large, large, medium and small stationary sources

Any charge for individual chargeable pollutant produced by independent very large, large and medium stationary sources shall be determined as a multiple of discharged pollutant quantities found by the actual values in the last charging period and the charge rate as set out in part B hereof.

In case of newly operated sources, the charges in their first operating years shall be determined by their design capacities.

The sum of charges for individual chargeable pollutants shall form the charge for an independent very large, large and medium stationary source.

. In case of burning or heated parts of coal strata or open pits or dumping sites or stockpiles, the charge rate shall be calculated as a multiple of the rate and relevant area in m², which is to be determined as a weighted average of results of measurements performed in the relevant year course.

Charge sums for separate chargeable pollutants shall be rounded up to full hundreds of CZK.

In case of small combustion sources, the charge shall be determined as a fixed sum reflecting the conditions laid down in § 19 Art. 9, through the calculation, where the charge for an individual small combustion source is specified as a sum of bottom rate with that part of rate range corresponding to the relevant source rated thermal output and fuel type. In doing this, the relevant air protection authorities shall take into the account actual fuels consumptions with the source as documented by the operator for the charging period and, if unambiguous conclusions about corresponding achieved fuel and energy savings can be made, a reduction in the rate range by one degree shall be applied.

In case of other small sources, the charge shall be determined as a fixed sum reflecting the conditions according to § 19 Art. 9.

Charge sums for individual small sources shall be rounded up to full hundreds of CZK.

Programme name,*) its basic objectives and relations,

Initial conditions - emission situation framework,

Relations to the State Environmental Policy,

Relations to the State Energy Policy,

Relations to the National Programme of Mitigation of Changes in the Earth Climatic System,

Relations to other conceptual documents (such as regional development strategies),

Relations to the State Programme for Support of Renewable Energy Source Savings,

General programme strategic principles,

Development and monitoring of air quality and emissions,

Requirements of documents of the EEC/UN Convention on Long-range Transboundary Air Pollution, in particular the Protocol on reduction of acidification, eutrophication and formation of tropospheric ozone and outline of compliance possibilities in the Czech Republic,

Evaluation of attainability of overall emission ceilings in 2010,

Analysis of condition and evaluation of compliance level with emission limits and other conditions of operating of air pollution sources,

Supporting activities for emission reductions in the Czech Republic,

Basic instruments of the emission reduction programme, namely

Programme funding schedule,

Legislative measures,

International cooperation and research support,

Summary of specified requirements and compliance deadlines for programme targets,

Interim progress inspection deadlines and methods,

Methods of implementation measures and programme corrections resulting out of inspection conclusions and interim programme performance,

Names and seats of air protection and other administration authorities,

Programme name,**) its basic objectives and relations,

Initial conditions - emission situation framework,

Relations to the National Emission Reduction Programme,

Relations to the Regional Energy Policy,

Relations to other conceptual documents (such as regional development strategies),

Relations to the State Programme for Support of Renewable Energy Source Savings,

Relations to the Regional Programme of Air Quality Improvement, if specified,

General programme strategic principles,

Development and monitoring of air quality and emissions,

Requirements of documents of the EEC/UN Convention on Long-range Transboundary Air Pollution, in particular the Protocol on reduction of acidification, eutrophication and formation of tropospheric ozone and outline of compliance possibilities within the regional territory,

Evaluation of attainability of overall emission ceilings in 2010,

Analysis of condition and evaluation of compliance level with emission limits and other conditions of operating of air pollution sources within the regional territory,

Supporting activities for emission reductions within the regional territory,

Basic instruments of the emission reduction programme, namely

Programme funding schedule,

Participation in inter-regional co-operations,

Summary of specified requirements and compliance deadlines for programme targets,

Interim progress inspection deadlines and methods,

Methods of implementation measures and programme corrections resulting out of inspection conclusions and interim programme performance,

The programmes shall be prepared by regional and municipal authorities, even in cases, where the zones of aggravated air quality cover only a part of their relevant territories,

The programmes shall be prepared in the scope set out in Point 2,

If imission limits or target imission limits are exceeded with more individual pollutants or their specified groups, than a sub-programme for each of these pollutants/groups shall have to be prepared. The programme name, in this case, shall contain the wording 'Integrated Regional and Local Programme of Emission Reduction' , where the relevant individual pollutants or their specified groups, forming the programme subject matter, are to be set out,

The programmes shall be prepared for the period of time, on the end of which the imission limits, as set out in the implementation rules, are complied with; in case of tropospheric ozone the period of time, on the end of which the target imission limits are complied with.

Zone and region (municipality) name preparing the programme,

Geographic delineation,

List of emission measuring stations on the territory (incl. maps and geographic coordinates),

Detailed zone description (city, industrial or country zone, etc.),

Overall zone area, and area of aggravated air conditions (km²) and estimate of population headcount exposed to the increased air pollution,

Current climatic data on the zone and neighbouring areas,

Current topographic data,

Information on live and non-live programme targets requiring a special air protection and containing also detailed information on sensitive population groups and ecosystems,

Names and seats of air protection and other administration authorities,

Names, addresses and signatures of persons responsible for the programme implementation

Pollutant concentrations as measured in previous years,

Current pollutant concentrations,

Means used for measurement of pollutant concentrations, especially measurement and modelling methods,

Itemization of major air pollution sources by respective categories, extended by their geographic identification,

Total quantity of emissions produced by the major air pollution sources (tpy) and total quantity of emissions produced by all the sources within the territory,

Information on long-range pollution from neighbouring regions/zones,

Details of aspects causing increased air pollution,

Details on potential restorative measures,

Itemisation of measures on local, regional and national levels related to the programme and territory for which prepared,

Results attained and efficiency assessment of such measures,

List and description of newly prepared measures,

Measure implementation flowchart,

Estimated impacts to air quality improvement and time horizon of compliance,

Passenger cars and cargo vehicles provided with air-conditioning units

Refrigeration and air-conditioning equipment, equipment with heat pumps, both for commercial and household use

Aerosol products, with the exception of pharmaceutical preparations containing aerosols

Portable fire extinguishers

Insulating slabs, panels and pipe covers

Polymer precursors

Tetrachloromethane use for nitrogen trichloride elimination in chlorine and sodium hydroxide production processes,

Tetrachloromethane use for regeneration of chlorine from tail gases in chlorine production processes,

Tetrachloromethane use in the production process of isobutylacetofenone (ibuprofen - painkiller),

Tetrachloromethane use in the production process of polyphenyleneterephthalamide,

Use of CFC-11 in production processes of slabs and films made of fine synthetic polyolefine fibres,

Use of CFC-113 in the production process of vinorelbine pharmaceutical product,

Use of CFC-12 in photochemical syntheses of perfluoropolyetherpolyperoxide precursors, z-perfluoroethers and bifunctional derivatives,

Use of CFC-113 in reduction processes of perfluoropolyetherpolyperoxide intermediates for the production of perfluoropolyetherdiesters,

Use of CFC-113 in the process of preparation of perfluoropolyetherdiols with high functional properties,

Tetrachloromethane use in the production process of tralemetrine (insecticide)

In aeroplanes to protect crew cabins, engine nacelles, cargo holds, space between beams, partitions, etc.,

In military ground vehicles and navy ships for protection of crew premises and engine rooms (engine areas),

For the purposes of creation inert atmosphere in residential areas with danger of leakage of inflammable liquids or gases, in military and petrochemical installations, in cargo ships,

For the purposes of creation inert atmosphere in commanding and manned communications centres of armed forces or installation otherwise necessary for the reasons of national security,

For the purposes of creation inert atmosphere in premises with the danger of dispersion of radioactive substances.

In hand fire extinguishers and fixed extinguishing systems for aero engines,

In aeroplanes to protect crew cabins, engine nacelles, cargo holds, space between beams, partitions, etc.,

In fire extinguishers important for personal safety, used by fire & rescue teams for primary fire-fighting activities,

In military and police fire extinguishers of personal use.

Business name, official seat, company's registration No., in case of legal persons, and name and address in case of natural person,

Importing or exporting country,

Final destination country,

Description of each substance, containing its name according to Annex 4 or 10 hereof, including also:

Commercial description,

Description and code of the combined classification, according to Annex 5 hereof,

Substance nature (virgin - not used, reclaimed, regenerated),

Substance quantity in kilograms,

Delivery data and permit Ref. No. of the Ministry of Environment,

Purpose for which imported.