ČPŽP 61

3/2021

vědecká TÉMAta

Abstract This contribution deals 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. These options turned out to be problematic when considering the means how to proof the entitlement to the exemption. This entitlement was so far granted only when the documentation contained the results of Continuous Measurement of Emissions. The reason for this practise was the legislative requirement to prove achieved emission levels throughout the relevant period for assessment of the final amount of the charge, which is one year. This interpretation was rejected by the administrative courts. Established practise needed to be changed based on the court’s opinion and currently the set out criteria of the legislation can be met also by the results of Single Measurement of Emissions. This contribution also comprises of polemic about the courts judgement and its consequences not only for application of the legislation but also for administrative practise and polemic about the possible situations which may arise due to the courts’ decisions. Key words: Ambient Air Protection, Air Pollution Fee, Emission Level, Single Measurement of Emissions, Continuous Measurement of Emissions ♠♠

ČESKÉ PRÁVO ŽIVOTNÍHO PROSTŘEDÍ

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