Prague - The public will have a greater influence on the process of assessing the environmental impact of constructions (EIA) starting today. This is provided for by an amendment to the law that comes into effect today. By transposing a European directive, the European Commission has conditioned further disbursement of European funds on compliance with the civil service law. The definition of projects and processes subject to assessment will change, for example. However, especially developers are concerned about delays in the zoning process. According to some experts, the amendment will affect already ongoing permitting processes, as the relevant authorities will review whether previously issued opinions meet the requirements of the directive. The Czech Republic faces the risk of losing up to 40 billion crowns in EU funds if it fails to reapprove transportation projects according to the amendment, according to Minister of Transport Dan Ťok. Lawyer Zdeněk Horáček told ČTK that the reason for project delays will be greater public involvement. According to him, nonprofit organizations that have existed for at least three years or organizations with the support of 200 individuals will be able to challenge permitting decisions about projects. “They will be able to file appeals or administrative lawsuits regardless of their involvement in previous permitting processes,” he stated. Participation in the procedures was a condition for filing an appeal before the amendment. Thus, builders may not be certain that they have addressed all affected parties. The lawyer estimates that delays could realistically reach months or even years. Delays could be prevented by an amendment to the building law, which will simplify the permitting of constructions. However, it will not come into effect until at least the second half of 2016. The EIA opinion should also no longer just be a sort of non-binding document in subsequent proceedings, but rather a binding opinion.
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