Stricter Climate Impact Assessment Requirements in the Czech EIA Process

What is actually changing in the field of EIA?

While the law has mandated this for several years, whereas a formal description used to suffice, authorities—under the pressure of case law—now require detailed calculations. Furthermore, the project must prove its resilience to climate change. This means you must assess in the EIA documentation how it will be affected by increased temperatures, droughts, floods, and other climate extremes throughout its entire lifespan.

In practice, this means you must include in the EIA documentation not only the project's greenhouse gas balance but also scenarios of how the project will handle weather extremes over the coming decades.

The two pillars of climate requirements: mitigation and adaptation

To understand what is expected of investors, we must understand the basic division according to Section 5, Paragraph 1 of Act No. 100/2001 Coll.: climate assessment in EIA has two parts. Both are equally important.

Pillar one: mitigation – how does your project affect the climate?

Mitigation means limiting greenhouse gas emissions. If you are building a highway, a production hall, or an energy source in the Czech Republic, you must document in the EIA how many tons of CO₂ equivalent the project will emit per year. The methodology commonly requires the calculation of Scope 1 and 2 emissions, and for large projects, relevant parts of Scope 3 as well.

When building a highway, this means you must provide a qualified estimate of the impact of traffic on regional emissions, but emissions generated during construction are also included. Both the European Commission and the Czech Ministry of the Environment have issued methodological guidelines on this issue.

In practice, compliance with national climate targets is now assessed. Our Prague-based attorneys at ARROWS routinely handle projects with European reach and know what standards are required not only by authorities but also by banks for so-called green financing.

Pillar two: adaptation – how does the climate affect your project?

This is the area where mistakes are most frequently made. Adaptation means you must assess the vulnerability of your project to climate change. Specifically: if you are building a water reservoir, you must model river flows in thirty years' time with regard to predicted droughts. If you are building in an area where an increase in flash floods is expected, you must propose adequate retention and protection measures in the project.

At first glance, this seems like a technical detail, but without this chapter in the EIA documentation, the Czech authority will return the project to you. ARROWS' Czech legal team, in cooperation with technical advisors, can guide clients safely through this process.

Development of legislation and current pressure

To better understand why authorities are now placing such emphasis on the quality of assessments, context is essential. Although the basic legal obligation has existed since the transposition of the directive in 2017, it is only in recent years that key implementing documents and strategies have been issued. These stipulate that for an investment to be considered sustainable, it must "do no significant harm" to any environmental objectives, including climate change adaptation.

Taking the Czech Republic as an example: Act No. 100/2001 Coll. is being interpreted increasingly strictly in light of the European Climate Law, which enshrines the goal of climate neutrality. Authorities can no longer ignore cases where a large-scale project undermines this objective.

Our attorneys in Prague at ARROWS law firm closely monitor developments in legislation and court decision-making practice. We know that a formal "check-box" approach to the climate chapter is no longer sufficient, and we prepare our clients according to the latest standards under Czech law.

Practical steps: how to prepare?

If you are preparing a project in the Czech Republic, proceed as follows:

Step 1: Correct categorization of the project

First, clarify: which category of Annex No. 1 of Act No. 100/2001 Coll. does the project fall under? Is it a Category I project (mandatory EIA) or Category II (screening procedure)? For Category II, it is up to the authority to decide whether to mandate a full EIA.

A high-quality project notification that already includes a climate analysis can convince the authority that a "full EIA" is not necessary because the risks have been addressed. This is the moment for a specialist – our attorneys in Prague can assist with the strategy during the screening procedure phase.

Step 2: Climate risk screening

Once you know the project will be assessed, secure the data:

• Identify future climate scenarios for the location (temperature, precipitation, wind).
• Assess the sensitivity of the project (will it be a problem if the river stops flowing for a week? Will it be a problem if it reaches 40 °C?).
• Conduct a risk significance analysis.

In the Czech Republic, we use data from CENIA, the Czech Hydrometeorological Institute (ČHMÚ), and specialized studies. It is not necessary to invent data, but it is essential to apply it correctly to the specific technical solution of the construction.

Step 3: Integration into the project

Climate measures must not just be "on paper"; they must be integrated into the project. If you know there is a risk of overheating, include shading, green roofs, or more efficient cooling in the design. If there is a risk of torrential rain, size the drainage and infiltration systems for future, not historical, values. These measures often improve operating economics and facilitate negotiations with authorities and neighbors.

Specific requirements for documentation content

According to Czech law and methodological guidelines, documentation must contain:

Part A – Mitigation aspects:

• Quantification of greenhouse gas emissions (CO₂eq) for the construction and operation phases.
• Comparison of emissions with reference values and Czech climate targets.
• Description of measures to reduce energy intensity and emissions.

Part B – Adaptation aspects:

• Identification of climate threats at the project site (temperature, precipitation, wind, drought).
• Vulnerability and Risk Assessment.
• Proposal of adaptation measures (technical, ecosystem-based).
• Monitoring plan in case of uncertainties.

Simply put: you must prove that your project will not be a "climate offender" and that it will survive even in the conditions of 2050.

The EIA process with an emphasis on climate

Phase 1: Notification and Screening Procedure: The investor submits a notification. It is crucial to include a basic climate balance at this stage. The authority will decide whether a full EIA is required. If the notification is of high quality, the process may conclude here.

Phase 2: EIA Documentation: If a "full EIA" is required, an authorized person prepares detailed documentation, including dispersion studies and a climate assessment. This requires cooperation between the designer, climatologist, and legal counsel. ARROWS ensures the coordination of these professions.

Phase 3: Expert Opinion and Public Hearing: The authority commissions an opposing expert opinion. If the documentation is of high quality, the reviewer will confirm it. This is followed by a public hearing, where emissions and water management are often discussed. Legal representation at the public hearing is key to managing emotions and providing factual arguments.

Phase 4: Binding Opinion: The result is a binding opinion from the Ministry of the Environment or the Regional Authority. This serves as the basis for the project permit proceedings. The opinion may contain conditions – for example, the obligation to implement a green roof or a retention tank.

New Legislation: RED III Directive and EU Taxonomy

Instead of hypothetical changes, it is necessary to mention the actual legislative revolution that will affect 2025 and 2026. This primarily concerns the implementation of the RED III Directive and the full rollout of reporting according to CSRD in the Czech Republic.

• Acceleration Areas (RED III): Member states must designate so-called areas for the accelerated deployment of renewable energy sources by 2026.
• Overriding Public Interest: For renewable energy projects and related infrastructure, an overriding public interest is now presumed, which facilitates obtaining exemptions from nature protection rules under Czech law.
• CSRD and Taxonomy: Large companies must report their climate risks starting from 2025/2026. To do this, they need data from the EIA of their investment projects.

For your project, this means: if you are developing renewable sources, the legislation is in your favor (shortened deadlines). If you are working on other projects, you must expect that without a high-quality climate assessment, you will not secure project financing.

Conclusion

Considering climate in an EIA is not a thing of the future – it is a hard reality of today's permitting processes and financing conditions. The year 2026 will bring the full application of rules for acceleration zones and sustainability reporting, which will further increase the pressure on EIA quality.

The key message is simple: authorities and banks assess projects more strictly, which requires high-quality documentation, expert knowledge, and the alignment of technical aspects with Czech law. Our attorneys in Prague at ARROWS handle these issues daily. We know the common mistakes and how to avoid them. We help clients prepare projects that pass approval and are secure for investors.

If you have a project and want to ensure it is prepared for the new requirements, do not hesitate to contact us. Our Prague-based law firm will take care of you – from project review and EIA coordination to representation in proceedings. Simply write to us at consultation@arws.cz.

Read also:

• Cross-Border Construction Law and Building Due Diligence in the Czech Republic: What Foreign Investors Should Know
• Who Can Be a Party to Czech Building Permit Proceedings?
• Czech Environmental Inspectorate: what to watch out for in manufacturing companies:
• Compliance audits: How to conduct an internal audit before the authorities arrive: