Ondřej Vícha on the Czech Environmental Liability Act (ELA)

marts 13, 2008 at 8:54 pm 19 kommentarer

I spoke to Ondřej Vícha regarding the Czech environmental liability act; here are some of the questions and answers he provided me with.

Ondřej Vícha is responsible for the transposition of the Environmental Liability Directive (2004/35/EC) into the Czech legal order and drafting of the Czech environmental liability act.

According to the law, operators performing activities considered highly risky for the environment and human health, will be obliged to take preventive measures. As financial securing is not compulsory for the first five years, what kinds of measures could this be?
The finacial security isn´t compulsory under the draft of the Czech environmental liability act (ELA) for the first 5 years. But this doesn´t mean that operators couldn´t conclude insurance or bank guarantee during this time. According to the “polluter-pays” principle, an operator causing environmental damage or creating an imminent threat of such damage should bear the cost of the necessary preventive or remedial measures.

Who will regulate these and ensure operators take the measures necessary?
Competent authorities for imposition of preventive measures are the Czech Environmental Inspection, administrations of national parks and protected landscape areas and military authorities.

What are the main reasons behind the decision not to introduce mandatory insurance?
The Czech Government decided not to introduce mandatory insurance immediately. The main reasons for this solution are in particular no insurance products in the financial market in the Czech Republic and need to preparation of insurance companies and operators to this obligation.

Not many member states met the deadline last year in April and in all countries, the transposition legal norms, were supposed to enter into force by the end of 2007 or in the beginning of 2008. What is the time frame regarding this for the Czech environmental liability act?
The Czech ELA has been approved by the first chamber of the Parliament on 13 February 2008. Now we expect the approval of the second chamber of the Parliament (Senat). So we expect adoption and publication of the ELA in the Official Journal by April 2008.

Entry filed under: Environment, Europe, News. Tags: , , , .

A Story That Didn’t Make it! The Environmental Liability Directive

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