Navigating the EIA Process: How to Avoid Delays and Common Pitfalls

What is EIA and why is it crucial for your project?

Environmental Impact Assessment (EIA) is a process aimed at obtaining an objective expert basis for issuing a decision on a project and contributing to the sustainable development of society. Within this process, impacts on public health, fauna, flora, ecosystems, soil, water, air, climate, landscape, natural resources, material property, and cultural monuments, including their interactions, are assessed. An EIA always takes place before projects are authorized and before their implementation begins.   

The fundamental legal cornerstone under Czech legislation is Act No. 100/2001 Coll., on Environmental Impact Assessment (hereinafter the "EIA Act"), which is fully in line with European Union law. Since January 1, 2024, the new Construction Act No. 283/2021 Coll. and Act No. 148/2023 Coll., on the Unified Environmental Opinion (JES), have brought significant changes aimed at simplifying and streamlining the authorization of projects.   

The Unified Environmental Opinion (JES) consolidates various opinions and statements in the field of environmental protection into a single document for the purposes of construction proceedings. Although the introduction of the JES from 2024 aims to simplify permit processes, the EIA for large-scale projects remains a key basis for the JES. This means that the complexity of the environmental assessment does not change. For developers, it is important to realize that they must not be lulled by the appearance of simplification, as the fundamental and demanding EIA phase remains essential for obtaining a permit. For projects subject to EIA, the authority issues a binding EIA opinion simultaneously as a JES; this does not apply if the notifier did not request the issuance of a JES.   

The competent authority for the EIA process is the Ministry of the Environment of the Czech Republic or regional authorities, depending on the scale and category of the project. There is a partial transfer of competence for the EIA process to construction authorities (regional construction authorities and the Specialized and Appellate Construction Authority), however, some projects are still assessed by regional authorities as non-integrated EIA bodies.   

Constant legislative changes in the field of EIA, including amendments to the EIA Act, the new Construction Act, and the introduction of the JES, along with pressure from the European Union, indicate that the legal environment for development and investment projects in the Czech Republic is highly dynamic and complex. For companies, this means a constant need to monitor and adapt to new requirements, which without professional legal support poses a significant risk of errors and delays.   

The Prague-based law firm ARROWS operates in this area practically on a daily basis and can help you with current and upcoming changes to ensure your project meets all requirements.

When does EIA apply to you? Project categories and threshold values

Projects and activities listed in Annex No. 1 to the EIA Act are subject to the EIA process. These projects are divided into two main categories based on their potential environmental impact:   

Category I includes projects that are always subject to a full environmental impact assessment. These are projects with a significant environmental impact, such as large industrial zones, motorways, airports with a runway over 2.1 km, large hydroelectric power plants with a capacity over 10 MW, or hazardous waste processing facilities.   

Category II contains projects that are subject to at least a screening procedure, the aim of which is to assess whether the project will be subject to the full EIA process. Such projects include, for example, wind power plants with a tower height over 50 m (especially if located in protected areas), warehouse complexes with a total built-up area over 10,000 m², breweries, roads of all classes, or permanent campsites for over 100 people.   

Sub-threshold projects that do not reach the threshold values of Category II may also be subject to a screening procedure. This applies if they reach at least 25% of the relevant threshold value and are located in a specially protected area (e.g., in a national park) or its protective zone. Projects that, according to the opinion of the nature conservation authority, may significantly affect a site of European importance or a bird area of the Natura 2000 network are assessed separately. We discuss practical cases where even a smaller development project is subject to EIA separately.   

It is important to understand that EIA is not just a bureaucratic obstacle to obtaining a permit. It is a sophisticated, preventive risk management tool. A correctly performed EIA allows for the early identification and mitigation of potential environmental, social, and reputational risks of a project. A thorough EIA process can thus significantly increase project sustainability, public acceptance, and long-term viability, making it a strategic advantage rather than a mere legal obligation.

Phases of the EIA process: Step by step to your project permit

The EIA process is complex but logically structured. Understanding the individual phases is key to effectively managing your project and minimizing risks.

1. Project Notification: How to start the process correctly?

The EIA process is standardly initiated by the notifier (investor) submitting a project notification to the competent authority, which is usually the regional authority or the Ministry of the Environment, depending on the project category. The notification must contain basic information about the project, its location, and expected environmental impacts, in accordance with the requirements set out in Annex No. 3 to the EIA Act.   

Upon receipt of a flawless notification, the competent authority will publish this document within 7 working days on its official notice board and in the EIA Information System (IS EIA), allowing the public and affected authorities to submit written comments on the project within 30 days.   

2. Screening Procedure: When is a full EIA process necessary?

The aim of the screening procedure is to assess whether the project has a significant environmental impact and whether it will be subject to the full EIA process (the so-called "large EIA"). Based on the notification and received comments, the authority decides whether the project has a significant environmental impact and will be further assessed (issues a reasoned written conclusion) or whether assessment is not necessary (issues a decision against which an appeal can be filed).   

In making its decision, the authority takes into account the nature and scale of the project, its location, whether the project reaches the threshold values for Category II, and the received comments from the public and affected authorities.   

The screening procedure is not integrated into the impact assessment proceedings under the new Construction Act and is carried out by the construction authority independently. 

3. EIA Documentation: What must it contain and who prepares it?

If the screening procedure determines the need for a full EIA process, the investor must have detailed documentation prepared. This documentation can only be prepared by a holder of an authorization from the Ministry of the Environment of the Czech Republic. The documentation elaborates on the details from the notification and assesses the project's environmental impacts, including proposed measures to prevent, exclude, reduce, mitigate, or minimize adverse impacts.   

The EIA documentation is part of the application for a project permit in proceedings with an impact assessment under the new Construction Act and must be prepared for the entire project, even if only a part or stage of it is to be permitted.   

Its correctness and completeness are crucial for the permit. The Czech legal team at ARROWS will help you prepare documentation that protects against fines and sanctions, and assist with preparing or reviewing contracts with authorized persons to ensure precision and compliance with requirements.

4. Expert Opinion and Public Hearing: How to get involved and influence the outcome?

The competent authority will have an expert opinion prepared on the documentation. This is drafted by an authorized person other than the one who prepared the documentation, to ensure an independent and objective evaluation of the correctness and completeness of the documentation and the solutions proposed therein for negative environmental impacts. If the authority receives a reasoned dissenting opinion from the public regarding the documentation, it must order a public hearing. This must take place no later than 30 days after the deadline for comments on the documentation. Information on the location and time is published in the IS EIA and on the official notice board.   

The public and affected authorities have the opportunity to send written comments on the notification and documentation, which can influence the conclusions of the process. Strong public and environmental group involvement in the EIA process and their right to challenge decisions in subsequent proceedings means that transparency and proactive communication with stakeholders are not just "good practice," but a strategic necessity.   

5. Binding EIA Opinion: Green light for subsequent proceedings

The entire EIA process is concluded with the issuance of a binding opinion by the competent authority. This opinion is a key basis for subsequent proceedings (such as zoning or construction proceedings) initiated by the project investor. The authorities conducting these subsequent proceedings must follow the binding EIA opinion and cannot issue a decision that is not in compliance with it.   

The binding opinion is valid for 7 years from the date of issuance. At the request of the notifier, the authority will extend it once by 5 years, provided that the conditions in the affected area or the knowledge and assessment methods have not changed so much that the project could have previously unassessed significant environmental impacts. Repeated extension is excluded by law. The request must be submitted before the expiration of validity; until it is processed, the validity does not expire. The opinion must be valid at the time the first-instance decision is issued in the subsequent proceedings.   

An invalid binding opinion cannot serve as a basis for subsequent proceedings, which can lead to the suspension or cancellation of your project. ARROWS can help you obtain the licenses or necessary permits that follow the binding opinion, ensuring a smooth transition to the implementation of your project.

Despite efforts to integrate competences under the new Construction Act, the screening procedure remains separate and the EIA documentation is only an annex to the project permit application, not a fully merged document. This indicates that even after legislative changes, the EIA process in the Czech Republic remains partially fragmented, which can lead to administrative ambiguities and delays.

Most common pitfalls and risks in the EIA process: How to avoid them?

The EIA process, although necessary, hides a number of potential traps that can slow down or even jeopardize your project. Awareness of these risks is the first step to managing them effectively.

Overview of potential problems and solutions with ARROWS

The following table summarizes the most common risks you may encounter in the EIA process and shows how the ARROWS law firm can help you resolve them effectively.

Time requirements and project delays: How to minimize delays?

The EIA Act sets specific deadlines for authorities for individual steps:

• the screening procedure must end within 45 days from the publication of the notification information, in particularly complex cases at most 25 days later,

• the authority may return the documentation for revision or completion no later than 40 days from the day the expert opinion preparer received it along with the comments,

• the expert opinion is prepared within a maximum of 60 days; in justified, especially complex cases, the deadline can be extended by a maximum of another 20 days,

• the authority issues the binding opinion within 30 days of receiving the expert opinion.

The sum of statutory deadlines is significantly shorter than the actual length of the process. The difference is made up of the preparation of documentation on the investor's side, returning documents for completion, and settling public comments. If the authority does not comply with the statutory deadlines, it is possible to defend against inactivity by submitting a motion to the superior authority and subsequently also an administrative lawsuit. Which tool is appropriate in a specific phase depends on the nature of the action you are waiting for, and it is worth assessing this with an attorney.

The EIA process is relatively time-consuming; for complicated projects or transport structures, its length ranges between 12 and 24 months. Significant delays can occur due to errors in the notification or documentation (leading to their return for completion), long deadlines for preparing the expert opinion, or due to public objections and subsequent litigation. 

It is necessary to realize that the project permit proceedings cannot be concluded without the preparation of the expert opinion, even at the cost of a legally unlimited suspension of the proceedings. Litigation, although it does not have a suspensive effect on subsequent proceedings, can lead to the cancellation of an already issued building permit, causing significant delays and uncertainty.

Errors in documentation and their impacts: Why precision is key?

An incorrect or insufficient project notification or EIA documentation can be returned by the competent authority for completion, causing significant delays in the entire permitting process. Common errors in documentation include, for example, unclear or incomplete data on traffic intensities, lack of differentiation of individual vehicle types, insufficient intersection surveys, or ambiguous definition of transit traffic. 

Poorly prepared documentation or expert opinions can even lead to the rejection of the project or the necessity to repeat the entire EIA process, which has serious financial and time consequences for the investor.   

Litigation and public objections: How to defend and prevent them?

The public, and especially environmental groups, have a strong position and can actively participate in the EIA process by submitting comments, participating in public hearings, and filing appeals or administrative lawsuits against decisions in subsequent proceedings. Although a lawsuit against a decision issued in subsequent proceedings does not have a suspensive effect, it can lead to the cancellation of the building permit, which represents a significant risk for the investor. The decision from the screening procedure that the project will not be assessed can also be challenged: a lawsuit can be filed by the affected public, including associations, and the court must decide on it within 90 days.   

"Salami slicing" and its risks: Why transparency pays off?

The so-called "salami slicing" method, i.e., the intentional splitting of a project into smaller parts to avoid the obligation of a full EIA process, is prohibited by EU regulation and is considered a circumvention of the law. The EIA Act and case law clearly state that EIA documentation must always be prepared for the entire project, even if only a part or stage of it is being permitted.   

Courts actively assess cases of gradual placement of structures, which individually may not have a significant impact, but in the sum of individual cases mean a gradual and significant addition to the already existing over-limit burden in the area. Using the salami method can lead to legal complications, litigation, and potential cancellation of already issued permits, jeopardizing the entire project.   

Although the EIA Act itself does not set direct fines for non-compliance with procedural obligations within the EIA, this does not mean an absence of financial risks. On the contrary, the real sanctions come indirectly, in the form of fines from the Czech Environmental Inspectorate (ČIŽP) for violating subsequent environmental regulations or even in the form of massive fines and loss of European subsidies from the EU for insufficient transposition of European directives. 

For developers, this means that a failure in the EIA does not lead to an isolated fine for "EIA", but to much more serious financial and reputational impacts in the broader context of environmental law. 

Conclusion: Leave nothing to chance, contact ARROWS today

Successful mastery of the EIA process is the cornerstone for the smooth progress of your development and investment projects. Proactive legal support protects against unnecessary delays, significant financial sanctions, and potential reputational risks that could jeopardize your entire project.

The Czech legal team at ARROWS routinely addresses these issues and has extensive experience with them, whether it is drafting internal guidelines, preparing documentation, legal consultations, representation before courts and administrative authorities, legal opinions, obtaining licenses, or professional training. Thanks to our ARROWS International network, we are able to effectively resolve matters with an international element as well. Our portfolio of hundreds of satisfied clients and emphasis on speed and high quality are a guarantee of your success.

Do not let the complexity of the EIA process jeopardize your investments. Contact the ARROWS law firm today for a non-binding consultation and find out how we can help you ensure the smooth progress and legal certainty of your project.