Integrating EIA and IPPC Processes in Czech Industrial Construction

If you are planning the construction or expansion of industrial operations in the Czech Republic, you will face a complex process where two legal regimes may overlap: Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC). A proper understanding of how they interconnect can save you months of time, significant costs, and the risk of repeated assessments. This article explains how the integration of these two regimes works under Czech law and what steps you should take.

Quick Summary

• Integration of regimes is mandatory. If your project is subject to both EIA and IPPC under Czech law, there must be no conflict between the conditions set in both processes.
• Time and financial impact. Proper coordination of both processes can shorten your approval time in the Czech Republic by 6–12 months and fundamentally reduce the costs of revising documentation.
• Risk of underestimation. Many companies underestimate the complexity of this integration and subsequently face unexpected requirements from Czech regulators and conflicting conditions.
• The timeline is critical. The order of filing applications, timing, and coordination of communication with Czech authorities has a major impact on the course and duration of the proceedings.

Introduction to the Issue

Czech environmental legislation is based on European directives and has undergone significant development in recent years, particularly in connection with the recodification of Czech construction law and the unification of environmental statements. 

Today, we have two main legal lines that may seem separate at first glance, but in practice constantly overlap for large-scale projects in the Czech Republic. These are the Environmental Impact Assessment regime (EIA, governed by Act No. 100/2001 Coll.) and the Integrated Pollution Prevention and Control regime (IPPC, governed by Act No. 76/2002 Coll.).

A problem arises when a company fails to realize how the two processes relate and attempts to address them separately without coordination. The result is procedural chaos: repeated studies, contradictions between conditions, conflicts with Czech authorities, and project delays. Many large projects, such as manufacturing plants, power stations, or industrial livestock farms, are subject to both regimes simultaneously under Czech legislation.

Our attorneys in Prague at ARROWS encounter these issues constantly, and we want to highlight the most common mistakes and show you the correct path forward. This is a complex topic with many pitfalls, which is why having a clear plan from the start is essential.

What is EIA and what is IPPC

To explain how the two regimes relate, we must first understand what each entails and what they cover. These are two processes that, while having a similar purpose (environmental protection), operate with different logic and are governed by different rules within the Czech legal system.

What is Environmental Impact Assessment (EIA)

Environmental Impact Assessment is a process conducted by a Czech authority before a permit for the location or implementation of a project (typically a building permit) is issued. It is a preventive process that analyzes the impact the project will have on air, water, soil, noise, biodiversity, climate, and other environmental components, including public health.

The process usually begins with a screening procedure, in which the authority assesses, based on a project notification, whether the project may have a significant environmental impact. If so (or if it is a mandatory assessment), the scope of the documentation to be prepared by an authorized person is determined. This is followed by the preparation of the EIA documentation itself, consisting of a project description, baseline analysis, impact prediction, and proposed mitigation measures.

After processing the documentation, expert opinion, and public hearing, the authority issues a binding EIA statement, which contains conditions that must be met during preparation, implementation, and operation. This statement is a binding basis for subsequent proceedings – typically for the project permit proceedings or for the integrated permit (IPPC) proceedings in the Czech Republic.

What is the IPPC Regime

IPPC is a different regime. It is not just an impact assessment process, but an administrative proceeding for the issuance of an integrated permit. For selected categories of installations, this permit replaces several individual administrative acts in the field of environmental protection. Note that the integrated permit (IPPC) does not replace the project permit itself, but is a necessary basis for its issuance for projects falling under this Czech law.

Simply put: in the integrated permit, the Czech authority sets emission limits and other operating conditions corresponding to the technologies that are most effective in protecting the environment. At the same time, it binds you to continuous monitoring, reporting of changes, and compliance with conditions. 

IPPC proceedings focus on the principle of Best Available Techniques (BAT). At first glance, these might seem like two completely different processes. In practice, however, they almost always overlap for large-scale projects in the Czech Republic.

When the regimes overlap

If your project falls into a category subject to both EIA and IPPC (which includes most large industrial projects listed in Annex No. 1 of the Czech IPPC Act), both regimes must be coordinated. The answer lies in how Czech environmental law functions.

EIA is a process that analyzes impacts and proposes conditions before a project is permitted, while IPPC is a decision setting specific limits. If the EIA process proves that a project is acceptable only under certain conditions, it is logical and legally required that these conditions be reflected in the operating permit (IPPC).

The Czech Integrated Prevention Act states this clearly: the binding EIA statement is a mandatory basis for issuing an integrated permit. This means that EIA conditions must be reflected in the integrated permit unless they are modified for serious reasons (e.g., a change to even more environmentally friendly technology).

Our Czech legal team at ARROWS deals with this integration very frequently and helps clients ensure that EIA conditions are formulated so that they are realistically achievable in the subsequent IPPC permit.

Examples of situations where regimes overlap

Specifically, we encounter the following scenarios: You have a production hall at a new location – it is being designed for the first time, so it falls under EIA, and at the same time, it will operate with technology subject to IPPC (such as a foundry or a large paint shop).

Or you are expanding an existing operation with new technological lines. The expansion may fall under EIA based on increased capacity or a change in the nature of the activity, and simultaneously requires an amendment to the integrated permit. In each of these cases, it is crucial to understand that both processes are closely linked under Czech law.

Sequence of processes

One of the most frequent questions our clients ask is: "Should we secure the EIA or the IPPC first?" The right decision depends on the strategy and type of project, but the legal logic under Czech law is clear.

Standard Procedure

In the vast majority of situations for new projects in the Czech Republic, it is necessary to first go through the EIA process and only after obtaining a binding EIA statement can an application for an integrated permit be submitted. The reason is procedural: the binding EIA statement is a mandatory attachment to the integrated permit application (pursuant to Section 4 of the Czech Act on Integrated Prevention).

The procedure is as follows: the EIA process analyzes the project in terms of environmental impacts and sets conceptual conditions (e.g., solution variants, noise limits in protected areas). Only after you have this statement do you submit the IPPC permit application, where these conditions are technically refined.

MicroFAQ – Sequence of Processes

1. Do I always have to start with the EIA?
For new projects falling under both acts in the Czech Republic, practically yes. The binding EIA statement serves as the basis for the IPPC.

2. How long does it take to obtain an EIA?
The entire process, including documentation preparation, typically takes 9–18 months; for complex projects, it may take longer. Our attorneys in Prague from ARROWS can speed up the process through proper coordination with Czech authorities and high-quality preparation of documents.

3. What happens if both proceedings run simultaneously?
For certain types of proceedings (e.g., follow-up proceedings), processes can be coordinated, but there is a risk that changes in one process will necessitate a revision of documentation in the other. This requires very careful coordination under Czech legislation.

Situations where the sequence may differ

Specific situations exist, particularly regarding amendments to integrated permits (non-substantial changes), where it is not necessary to conduct a full EIA or a screening procedure. This applies if the change does not reach the threshold values for environmental impact assessment under Czech law.

It is essential to conduct a legal analysis (screening) at the outset. Our Czech legal team at ARROWS can perform an assessment, determine which proceedings your project requires, and propose an optimal action plan. Contact us at office@arws.cz.

How EIA conditions are specifically integrated into the IPPC permit

Now we come to the core of the issue: how both regimes are practically linked. We are not talking about theoretical abstractions here, but about specific documents, conditions, and obligations within the Czech legal system.

Binding EIA statement as a basis for IPPC

Once you obtain a binding EIA statement, you have a document containing conditions for the preparation, implementation, and operation phases. These include, for example, requirements for planting greenery, maximum noise levels, groundwater monitoring, or specific anti-dust measures.

The IPPC authority (the Regional Authority or the Czech Ministry of the Environment) is obliged to include this statement in its deliberations. EIA conditions relating to the operation of the facility and the protection of environmental components are transferred into the operative part of the integrated permit.

Processing and validation of conditions

The problem lies in the details. In EIA documentation, conditions may be formulated generally – e.g., "the operator shall ensure effective emission monitoring." However, in the integrated permit, this condition must be entirely specific and technically precise.

If EIA conditions are set unrealistically or too strictly, it can cause a stalemate in the IPPC proceedings. The IPPC authority cannot completely ignore the EIA conditions but must translate them into an enforceable form.

This is where the Prague-based law firm ARROWS provides a key service: we ensure that even in the EIA phase, conditions are formulated so that they are technically feasible.

MicroFAQ – Transfer of conditions from EIA to IPPC

1. Are all EIA conditions automatically part of the IPPC permit?
No. Only those relating to the operation of the facility and emissions become part of the IPPC. Conditions regarding, for example, archaeological surveys or construction site organization are handled in building permit proceedings, not in the IPPC.

2. What happens if EIA and IPPC conditions conflict?
The authority leading the IPPC proceedings must resolve this conflict. Usually, they will request a statement from the EIA body for clarification.

3. Can I negotiate the conditions?
In IPPC proceedings, a technical debate on the application of BAT (Best Available Techniques) takes place. If you prove that a proposed limit is technically unachievable or economically disproportionate (and the law allows for an exception), the conditions can be negotiated. Our Prague-based attorneys routinely lead such negotiations.

Risks and sanctions associated with incorrect integration

If management underestimates the link between EIA and IPPC, a number of real problems can arise. Sanctions in the area of IPPC are among the highest in the Czech legal system.

Risks and Sanctions	How ARROWS helps (office@arws.cz)
Conflict between EIA and IPPC permit conditions: The operator is unable to meet both sets of conditions simultaneously, leading to legal uncertainty and the risk of sanctions.	Legal analysis and coordination: ARROWS performs a detailed comparison of both documents, identifies conflicts, and manages communication with Czech authorities to resolve them.
Extension of permitting time: If proceedings are conducted chaotically, authorities return submissions for completion. Delays can reach years.	Strategic timeline management: We ensure an optimal sequence of steps and communication with authorities to minimize downtime.
Rejection of IPPC application: If the IPPC authority finds that the application does not respect the EIA conclusions, it may stay the proceedings or reject the application.	Preparation and revision of documents: We ensure that the IPPC application contains a consistent settlement of EIA conditions.
Inspection and fines for breach of conditions: The Czech Environmental Inspectorate (ČIŽP) can impose a fine of up to CZK 50 million for operating a facility without an integrated permit or in violation of one.	Representation during inspections: ARROWS represents clients during ČIŽP inspections, oversees the legality of inspectors' procedures, and defends clients in administrative proceedings.

Specific steps on how to proceed correctly

Conducting screening and project classification: The first step is a detailed legal analysis (audit) to determine whether your project falls into a category subject to EIA and/or IPPC. For EIA, a distinction is made between Category I projects with mandatory assessment and Category II projects, where the authority decides on the necessity of a full process in a screening procedure.

Securing legal advisors for document preparation: It is essential to have a lawyer who coordinates the work of designers and technical advisors so that the EIA outputs are fully usable for the subsequent integrated permit. At this stage, our attorneys in Prague from ARROWS bridge the technical and legal aspects, which is crucial for the smooth permitting of the project in the Czech Republic.

Initiation of EIA Proceedings: This step involves the preparation of the notification and active participation in the screening procedure, or the preparation of complete EIA documentation. At this stage, it is crucial for developers to consider future IPPC requirements, particularly regarding the Best Available Techniques (BAT) that will be applied in operation under Czech legislation.

Active Participation in the Process: During the EIA proceedings in the Czech Republic, it is necessary to professionally address comments from the public and affected authorities. High-quality argumentation and the resolution of objections at this early stage effectively prevent complications in subsequent integrated permit proceedings and the actual permitting of the project under the new Czech Building Act.

Obtaining and Analyzing the Binding EIA Statement: Once the authority issues the EIA statement, our Prague-based attorneys at ARROWS will perform a detailed analysis. They identify specific conditions and environmental protection measures that must subsequently be incorporated into the IPPC application.

Preparation of the IPPC Application with EIA Integration: The application for an integrated permit must contain not only a technical description and comparison with BAT but must also directly integrate the conclusions and conditions from the EIA process. This linkage is a prerequisite for the building authority (e.g., the Transport and Energy Building Authority - DESÚ) to issue the final project permit in the future.

Proceedings Before the IPPC Authority: Within the proceedings for issuing an integrated permit, oral hearings take place to refine the final operational conditions. Our Czech legal team at ARROWS plays a key role here in defending the operator's interests to ensure the resulting permit is technologically feasible and legally watertight.

Common Mistakes and How to Avoid Them

Parallel Solutions Without Coordination: EIA and IPPC are often handled by different teams that do not communicate, resulting in contradictory documentation. The solution is centralized project management under the supervision of a specialized law firm in Prague.

Premature Submission of the IPPC Application: Submitting an IPPC application before the EIA statement is available (for new projects) leads to a suspension of proceedings and unnecessary delays. The solution is to respect the legal sequence under Czech law: EIA first, then IPPC.

Promising the Impossible in the EIA: In an effort to pass through the EIA process quickly, an investor may commit to extremely strict limits that are technically impossible to meet. These limits then become binding in the IPPC. The solution is consultation with BAT specialists and our Prague-based attorneys during the EIA notification preparation phase.

Specific Situations and Special Procedures

If you are modifying a facility that already has an IPPC permit, you must assess whether it constitutes a substantial change in the facility's operation. A substantial change may trigger the need for a new EIA. If the change does not have a significant adverse effect on the environment, an IPPC amendment procedure without a full EIA may suffice under Czech environmental law.

During a plant acquisition (asset deal), the integrated permit does not always transfer automatically as easily as other rights. It is necessary to perform a transfer of rights and obligations and notify the authority of the change. The new operator assumes all obligations of the original operator under the Czech legal system.

Monitoring and Compliance After Issuance of the IPPC Permit

The process does not end with the issuance of the integrated permit. The operational phase follows, where conditions must be met. Typical obligations include meeting emission limits, regular monitoring, reporting to the Integrated Pollution Register (IRZ), and submitting annual reports.

Violations of these obligations are penalized by the Czech Environmental Inspectorate (ČIŽP) with fines, which for legal entities range from hundreds of thousands to tens of millions of CZK (the upper limit is CZK 50 million).

ARROWS law firm in Prague helps clients set up internal compliance systems to ensure that no obligation is overlooked.

Conclusion

Linking EIA with IPPC is one of the most complex aspects of environmental law in the Czech Republic. Correctly handling these issues requires not only technical knowledge but also a deep understanding of Czech administrative law and procedural steps.

Our attorneys at ARROWS law firm handle these matters daily, and our portfolio includes more than 150 joint-stock companies. We are insured for damages up to CZK 400,000,000, guaranteeing the security of our work.

If you have a project subject to both regimes, do not hesitate to contact us. We provide screening, documentation preparation, representation in proceedings, and subsequent compliance setup. Contact us at office@arws.cz.

FAQ – Common Legal Questions Regarding EIA and IPPC Integration

1. Is my project subject to both EIA and IPPC regimes?
This depends on the capacity limits in the annexes to Czech Acts No. 100/2001 Coll. and No. 76/2002 Coll. Typically, this involves chemical industry operations, energy, waste management, metal production and processing, etc. The easiest way is to have a screening performed by our Czech legal team at ARROWS.

2. How long does it take to go through both proceedings?
A realistic estimate for a large project is 18–30 months (EIA preparation + EIA process + IPPC preparation + IPPC proceedings). With the right strategy, this time can be shortened; with mistakes, it can be extended by years.

3. Do I need a binding EIA statement before I submit an IPPC application?
For new facilities, yes; the EIA statement is a mandatory attachment to the integrated permit application under Czech law.

4. What is the maximum fine for operating without an IPPC?

The Czech Act on Integrated Prevention allows for a fine of up to CZK 10,000,000. In practice, fines vary depending on the severity and duration of the illegal state, often ranging from hundreds of thousands to millions of crowns.

5. We have an existing IPPC permit and want to expand operations. What should we do?
It is necessary to assess whether this constitutes a substantial change in the facility's operation. If so, it may be necessary to undergo an EIA screening procedure or a full EIA. It is always necessary to apply for an amendment to the integrated permit.

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 in Prague 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 tailor-made solution, so please do not hesitate to contact us.

Read also:

• Cross-Border Construction Law and Building Due Diligence in the Czech Republic: What Foreign Investors Should Know
• Czech Environmental Inspectorate: what to watch out for in manufacturing companies
• Who Can Be a Party to Czech Building Permit Proceedings?