Střety zájmů při ochraně biodiverzity a klimatu

4. National Framework and Act No. 100/2001 Coll. The Czech framework for environmental impact assessment is established primarily by Act No. 100/2001 Coll. (hereinafter “ EIA Act ”), which transposes the requirements of Directive 2011/92/EU, as amended by Directive 2014/52/EU. Conceived as a preventive instrument, the EIA Act aims to safeguard both the environment and public health, 26 and it explicitly incorporates climate-related considerations. The EIA Act requires that the climate factors, including GHG emissions and vulnerability to climate change, be assessed within both the baseline description and the impact analysis. It also mandated that mitigation and adaptation measures, as well as proposals for monitoring, be included in the EIA documentation. 27 In formal terms, therefore, Czech framework for climate-related considerations aligns with EU law. However, the national methodological guidance 28 issued to support implementation remains notably general. 29 Rather than prescribing systematic identification and quantification of climate impacts, it emphasises reducing environmental burdens in a broad sense. It does not provide specific tools such as GHG calculators, life cycle assessment methodologies, or climate scenario modelling. This absence of methodological detail reduces consistency and creates room for discretion. As a result, although the legal framework formally aligns with the Directive, the extent to which climate-related assessment is substantively implemented in practice remains uncertain. The lack of detailed guidance and supporting tools may limit the effectiveness of climate-oriented EIA, making it vulnerable to inconsistent application. This issue will be further explored in the empirical part of the paper. 5. Implementation of Climate Considerations in EIA for Intensive Livestock Projects Although the legal framework formally mandates the inclusion of climate aspects in the EIA process, the extent to which these requirements are implemented in practice remains uncertain. The empirical research focuses on large-scale animal farming operations, defined by their highly concentrated systems and reliance on external inputs such as feed and veterinary pharmaceuticals. Such installations are subject to mandatory environmental assessment under Section 4 of the EIA Act, with threshold 26 Constitutional Court of the Czech Republic, judgment of 18 December 2018, Case No. Pl. ÚS 44/18. Constitutional Court of the Czech Republic, decision of 12 October 2001, Case No. Pl. ÚS 24/2000 (U 37/24 SbNU 535). 27 Act No. 100/2001 Coll., on Environmental Impact Assessment. 28 CENIA, Metodický pokyn: Biologická rozmanitost a změny klimatu [online], 2017. Available at: https:// portal.cenia.cz/eiasea/dokumenty/dokumentSoubor/169/2017-10-20-Metodick%C3%BD%20po kyn-biologick%C3%A1%20rozmanitost%20a%20zm%C4%9Bny%20klima_fin.pdf?lang=cs [acce ssed 2025-07-29]. 29 VOMÁČKA, Klimatické změny a EIA.

145