ČPŽP 61

Úvodník

3/2021

EDITORIAL

Summary

Dear readers, you are opening the 61th issue of our magazine, the third of the year 2021. The main topics of this issue are: The purpose of article by Karolina Žákovská and Daniel Rufer is to present the Fit for 55 package published by the European Commission on 14 July 2021 to achieve the interim target of a 55% reduction in greenhouse gas emissions by 2030 compared to 1990, as enshrined in the European Green Deal and the European Climate Law. The article explains the main features of the different parts of the package - 13 legislative proposals to amend, recast or adopt new EU legislation and one strategic document, the New EU Forest Strategy for 2030. Ilona Jančářová and Matěj Mrlina deals in the another topic with air pollution fee as an economic tool in the system of Czech environmental law. The applicable legislation considering selected substantive and procedural provisions of Air Protection Act is presented. The contribution is focused on the method of calculation of the fee together with options how to regulate the amount of the charge and how to exempt one from the duty to pay the fee. The paper by Richard Galis focuses on the Czech transposition of the Art. 3 (3) of the SEA Directive which prescribes that plans and programmes which determine the use of small areas at local level are subject to environmental assessment only where the Member States determine that they are likely to have significant environmental effects. Particularly, it analyses the CJEU judgment in the case Associazione Italia Nostra Onlus , C-444/15, and its impact on the compatibility of Czech law with EU law. The author examines the Czech Environmental Assessment Act (2001) and Building Act (2006) and comes to the conclusion that the SEA Directive has indeed been incorrectly transposed into national law. The article byNikolaMrkývková focuses on individual hypotheses concerning the issue of insect decline, i.e. whether insects are sufficiently protected against the effects of intensive agriculture (Act No. 326/2004 Coll., on plant health care), inappropriate forest management consisting in the predominance of spruce monocultures (Act No. 289/1995 Coll., on forests) and at the same time the loss of suitable habitats such as meadows and copses or the implementation of inappropriate interventions in the landscape (Act No. 114/1992 Coll., on the nature and landscape protection).

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