EIA Requirements for Technological Changes in Czech Production Facilities

If you are planning to change technological processes in an existing production facility or introduce new manufacturing equipment, it may not be just a technical matter. In many cases, you will be required to undergo a new Environmental Impact Assessment (EIA) under Czech legislation, even if you already hold an original permit. Ignoring this obligation can cost you millions of Czech koruna in fines and, in extreme cases, lead to the suspension of your operations.

Quick Summary

• A change in technology does not automatically trigger a new "large-scale" EIA. Everything depends on whether the change meets legal thresholds (e.g., increase in capacity) or whether it may have a significant adverse effect on the environment in the Czech Republic.
• Official statements or screening procedures are your tools for certainty. If you are unsure whether your change requires a full procedural assessment, it is essential to file a notification or a so-called "sub-threshold project notification" under Czech law.
• Our Czech legal team at ARROWS handles these matters daily. They can help you arrange a timely assessment of obligations, prepare documentation, and defend your interests in administrative proceedings before Czech authorities.

When technology changes: what does it mean for your production?

A technological change in production cannot proceed without a legal assessment. In practice, a key question arises: what kind of change actually constitutes a change that should be subject to the Environmental Impact Assessment (EIA) process? Act No. 100/2001 Coll., on Environmental Impact Assessment, defines this specifically, but only those who truly understand the Czech legal framework can avoid costly errors.

Under Czech legislation, changes to a project are subject to assessment if the change itself meets the capacity limits listed in the annex to the Act, or if the capacity or scope of the project increases by at least 25%. A situation where a change in technology may have a serious environmental impact is also significant. This principle applies particularly if the change has the potential to affect the environment in a way or to an extent that was not assessed in the original process.

In practical terms, for example, switching from mechanical machining to chemical surface treatment of metals is typically a change that alters the nature of the impacts and often requires a new assessment. But what about replacing an obsolete furnace with a new model of the same capacity? Even in this case, new emissions, noise parameters, or waste heat may differ under Czech environmental standards.

When a change in technology is considered a substantial change to a project

The law and administrative practice in the Czech Republic define a range of situations as changes requiring attention. We most frequently encounter these scenarios: an increase in production capacity by 25% or more, the introduction of new technology with different inputs or outputs, the installation of new air pollution sources, or a significant change in the composition of wastewater.

In practice, the Czech authorities do not just assess the new line in isolation; they also examine so-called cumulative effects—how your expansion will affect the environment in combination with existing operations and the surroundings. For instance, if you have a permit for production of 100 tons per year and want to add another line with a capacity of 20 tons, the total impact must be considered.

For facilities falling under the Act on Integrated Prevention (IPPC), the situation is even stricter. Here, the key concept is a "substantial change in the operation of the installation," which may have significant adverse effects on human health or the environment.

Our attorneys in Prague know how to argue legally before the authorities and can identify which specific technological parameters require re-assessment and to what extent.

How to recognize a change requiring a new assessment?

There are several indicators that should alert you to the need for caution. If it involves the introduction of technology with new types of emissions or waste (a new waste catalog number) that were not in the original assessment, or if the nature of production is fundamentally changing, you should very seriously consider whether a new assessment is required under Czech law.

It is also important to monitor whether technological production parameters are changing, such as temperature, pressure, the hazardous chemicals used, or water management methods. In these cases, it is always recommended to err on the side of caution and have a legal opinion drafted. Obtaining a professional legal assessment is an investment in the thousands, while ignoring it and subsequent illegal operation can cost millions.

Practical operational situations: when ARROWS attorneys encounter changes requiring a new EIA

In practice, we see very diverse situations. One manufacturer integrates a new heat source into their line and switches from natural gas to alternative fuels. Another introduces a new technological process that increases efficiency but works with different chemical reagents. A third expands existing operations with a new technological unit that increases total capacity above the threshold values set by Czech legislation.

Our Prague-based attorneys have extensive experience with these situations and know exactly what documentation (project notification, dispersion studies, noise studies) Czech authorities expect. This practical insight is invaluable in proceedings, as they can coordinate the preparation of supporting documents to prove that the impacts of the new technology are acceptable, or suggest compensatory measures.

Mgr. Karel Huneš

associate

• hunes@arws.cz

JUDr. Tereza Snopková, Ph.D.

associate

• snopkova@arws.cz

Potential sanctions for failing to address changes

If you make changes during construction or after starting operations that required an EIA process, and these changes were not discussed with the authorities, you expose yourself to significant risk. Subsequent permits (project permits, occupancy permits, integrated permits) will be challengeable for illegality, and the Czech Environmental Inspectorate (ČIŽP) strictly verifies the compliance of the actual state with the issued permits during inspections.

Fines are not primarily imposed for the "absence of an EIA," but for operating a source without a valid permit (which cannot be legally issued without an EIA) or in violation of one. In addition to financial sanctions, the authority may order the shutdown of the facility until the situation is rectified, which is usually the most economically painful outcome for a company.

Specific risks and sanctions are very serious; under the Act on Integrated Prevention or the Air Protection Act, fines of up to 10 million CZK may be imposed.

Our Czech legal team at ARROWS regularly assists companies in these situations with crisis management and impact mitigation. They can represent you in misdemeanor proceedings and seek ways to retroactively legalize the status of your operations.

MicroFAQ: Basic questions about technology changes and new assessments

1. Do I always have to undergo a new assessment if I change technology?
Not automatically. It depends on the scope of the change and its impacts. If you are replacing a machine with an equivalent one with similar emissions, an EIA is generally not required. However, if you are increasing capacity by more than 25% or changing technology with an impact on the environment, the obligation will likely arise under Czech legislation.

2. What is a "notification of a sub-threshold project"?
If your change does not reach the threshold values listed in Annex No. 1 of the Czech EIA Act, but fulfills the definition of a so-called sub-threshold project, you submit a notification to the authority. The authority then issues a statement on whether the project is subject to a fact-finding procedure or not. This is a key document for your legal certainty in the Czech Republic.

Verification of change: your preventive step

If you have an existing EIA standpoint and are planning a change, you should first verify it. The first step is the correct qualification of the change. If it is a sub-threshold change, a notification of a sub-threshold project is submitted; if the change directly requires a fact-finding procedure, a notification of the project is submitted.

Within the process, the Czech authority determines whether the change may have a significant impact on the environment. If it decides that the change is not subject to further assessment, you have the green light for follow-up proceedings. If it decides otherwise, a so-called "large EIA" follows.

In practice, the procedure is as follows: you prepare documents for the authority describing the technological changes, their impacts (emissions, noise, waste), and a comparison with the current state. If your argumentation is supported by expert studies, the chances of a smooth process increase. Our attorneys in Prague work with the preparation of these filings daily and know how to legally formulate the project description.

Integrated Permits and technology changes

If your production facility operates under an integrated permit (IPPC) according to Czech Act No. 76/2002 Coll., on Integrated Prevention, the situation is specific. If the planned change in the operation of the facility may have significant adverse effects on human health or the environment, it is considered a substantial change. In such a case, you must submit an application for an amendment to the integrated permit.

In practice, you must prove that your new technology achieves the emission limits and efficiency levels required by European legislation (BAT). These parameters are set out in the BAT Conclusions and BREF reference documents.

The process of amending an integrated permit and the EIA process are interconnected. Our Czech legal team handles this specific combination for their clients, coordinating the procedure to avoid unnecessary delays and ensuring that documentation for both proceedings is consistent.

MicroFAQ: Technology, BAT, and Integrated Permits

1. What if my new technology is more environmentally friendly than the old one – do I still need approval?
Yes, an amendment to the integrated permit must be addressed if the binding conditions of operation or the technical description of the equipment in the permit change. Even a positive change must be officially reflected in the permit for the operation to remain legal under Czech law.

2. What are "Best Available Techniques" (BAT)?
These are the most effective and advanced stages in the development of activities and their methods of operation, which indicate the practical suitability of particular techniques for providing the basis for emission limit values. They are defined in European Commission implementing decisions and in the Czech legal system under Section 2 of the Act on Integrated Prevention.

3. What is the relationship between EIA and an IPPC amendment?
An EIA assesses environmental impacts before a project is authorized. An integrated permit (IPPC) sets specific operating conditions. Often, the EIA fact-finding procedure takes place first, followed by the IPPC amendment procedure; in some cases, the processes can be merged or coordinated.

Technological innovations and their environmental impacts

Companies often approach technological innovations with the intent of being better for the environment – lower emissions, less waste, higher efficiency. This is the right approach. However, in the legal world, even innovations must be handled formally. If your innovation changes the parameters of production that were part of an already assessed project, you must have it formally verified by the Czech authorities.

Our Prague-based attorneys help companies find the optimal path that allows for innovation while ensuring full legal compliance. In many cases, it is possible to prove within the fact-finding procedure that the new technology does not have a significant negative impact, avoiding the lengthy "large EIA" process.

Timeline and Process Table: What to expect

If you decide to proceed responsibly, you should account for the following time scenarios based on Czech law and administrative practice:

• Notification of a sub-threshold project: approx. 15–30 days.
• Fact-finding procedure: approx. 45–60 days (legal deadline vs. reality of service and legal force).
• Large EIA (full process): 6 to 12 months, depending on complexity, the need for documentation and expert reports, and the volume of public comments.

Our Czech legal team can streamline these processes by ensuring formally flawless documentation on the first attempt, preventing the return of filings for supplementation.

Conclusion

Changing manufacturing technology is a matter that cannot be underestimated. Replacing machinery or increasing efficiency may seem like a simple step, but legal obligations regarding Environmental Impact Assessments (EIA) under Czech law are strict. If you ignore the obligation to notify a change or undergo a new assessment, you risk operational shutdowns and fines amounting to millions of Czech koruna.

The attorneys at ARROWS law firm in Prague handle these matters daily and have experience with dozens of technological changes, ranging from small production facilities to large industrial complexes in the Czech Republic.

If you want to minimize the risk of errors, avoid wasting time, and ensure everything is legally compliant, contact ARROWS law firm. Simply write to office@arws.cz and our Czech legal team will help you analyze your situation and recommend the optimal course of action.

FAQ – Most frequent legal questions regarding changes in manufacturing technology and the necessity of a new EIA statement in the Czech Republic

1. Is replacing a production machine with a newer model featuring better technology considered a change requiring an EIA?
It depends on the parameters. If the new machine does not change capacity beyond statutory limits (e.g., +25%) and does not increase emissions or waste volume, it may be considered an insignificant change. However, it is always necessary to assess whether it constitutes a change to a sub-threshold project under Czech legislation. For certainty, we recommend a consultation or filing a notification of a sub-threshold project. Contact our Prague-based attorneys at ARROWS law firm at office@arws.cz.

2. Do I need to have a technology change approved even if I am implementing it for better environmental protection?
Yes, the legal obligation to notify the change and potentially amend permits remains, even if the technology is more eco-friendly. The Czech authorities must verify whether the change shifts the environmental burden to another area (e.g., cleaner air but more wastewater). The attorneys at ARROWS law firm in Prague can emphasize the positive aspects during the proceedings to expedite the process.

3. What happens if I do not obtain the relevant permits and continue operations?
You face inspections and sanctions from the Czech Environmental Inspectorate (ČIŽP). Fines can reach up to 10 million CZK, and the authority may order a suspension of operations, which often results in fatal economic losses for a company. A preventive legal audit from ARROWS law firm can save you these concerns. Write to office@arws.cz.

4. How long does it take for the authority to issue a statement on a sub-threshold project?
If the submission is well-prepared, the Czech authority should issue a statement within 15, or at most 30 days. However, if the documentation is insufficient, the authority will request supplements, which extends the deadline. Our Czech legal team at ARROWS will ensure your documentation is complete from the very beginning.

5. What is the difference between a screening procedure and a full EIA process?
The screening procedure is a "preliminary round" where the Czech authority decides whether the project could have a significant impact on the environment. It often concludes that the project does not require further assessment (the process ends). If the authority decides the project must be assessed, a full EIA process follows, involving documentation, expert reports, and public hearings, which is more demanding in terms of time and costs.

6. If I have an integrated permit, do I need to address both the EIA and an IPPC amendment?
Generally yes, if it is a substantial change. The EIA (or screening procedure) serves as the expert basis for the subsequent proceedings to amend the integrated permit under Czech commercial law. Both processes are linked and must be successfully concluded for the operation to be legal. The attorneys at ARROWS law firm in Prague will help you coordinate both proceedings. Contact us at office@arws.cz.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. To verify the current wording of regulations and their application to your specific situation, it is essential to contact ARROWS law firm directly (office@arws.cz). We bear no responsibility for any damages or complications arising from the independent use of information from this article without our prior individual legal consultation and professional assessment. Every case requires a tailored solution; therefore, do not hesitate to contact us.

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