The protection of the environment has a strong constitutional basis in the Czech legal order. The Preamble to the Czech Constitution expresses the citizens’ determination to “jointly... guard and develop the inherited natural and cultural wealth”.

Article 7 of the Czech Constitution establishes the duty of the State to ensure “the prudent use of natural resources and the protection of natural wealth”.

The most important constitutional provision is Article 35 of the Charter of Fundamental Rights and Freedoms. This provision enshrines the following.

• The right of everyone to a favourable environment.
• The right of everyone to receive timely and complete information about the state of the environment and natural resources. This right is detailed in Act No 123/1998 Coll, on Free Access to Environmental Information, as amended.
• The duty that, when exercising their rights, no one may endanger or damage the environment beyond the legal limits.

Other key environmental legislation includes the following.

• Act No 282/1991 Coll, on the Czech Environmental Inspectorate and Its Competencies in Forestry Protection, as amended. This Act establishes the Czech Environmental Inspectorate as a specialised authority entrusted with the supervision of compliance with legal regulations in the field of environmental protection.
• Act No 17/1992 Coll, on the Environment, as amended, defining basic concepts and principles of environmental protection, such as:
1. the Precautionary Principle (doubt about the threat to the environment shall not be a reason for postponing measures that may prevent environmental harm);
2. the Principle of Source Protection (the duty of the competent entities to take measures directly at the source to prevent pollution or environmental harm);
3. the Principle of Permissible Pollution Levels (the permissible level of environmental pollution is determined by limit values established by specific legal regulations); and
4. the Polluter-Pays Principle (everyone is responsible for their activities that cause environmental harm).
• Acts on the protection of environmental components, such as:
1. Act No 254/2001 Coll, on Water, as amended;
2. Act No 201/2012 Coll, on Air Protection, as amended;
3. Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended;
4. Act No 289/1995 Coll, on Forests, as amended;
5. Act No 114/1992 Coll, on the Protection of Nature and Landscape, as amended;
6. Act No 388/1991 Coll, on the State Environmental Fund, as amended; and
7. Act No 148/2023 Coll, on the Unified Environmental Opinion, as amended.
• Acts governing protection against sources of pollution, such as:
1. Act No 541/2020 Coll, on Waste, as amended;
2. Act No 477/2001 Coll, on Packaging, as amended;
3. Act No 258/2000 Coll, on Protection of Public Health, as amended;
4. Act No 350/2011 Coll, on Chemicals and Chemical Mixtures, as amended;
5. Act No 18/1997 Coll, the Atomic Act, as amended;
6. Act No 59/2006 Coll, on Prevention of Major Accidents, as amended; and
7. Act No 73/2012 Coll, on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gases, as amended.

The main national regulatory authorities are as follows.

The Government of the Czech Republic

The government may declare a state of emergency in the event of natural disasters, environmental or industrial accidents, accidents or other hazards that threaten life, health, property or internal security.

It has the authority to decide on the deployment of armed forces outside the territory of the Czech Republic to participate in rescue operations abroad as a result of natural disasters, environmental accidents or other crisis situations.

The Ministry of the Environment

This plays a key role in environmental policy. As the central state administration body and the supreme supervisory authority in environmental matters, the Ministry of the Environment is responsible for preparing, co-ordinating and implementing the State’s environmental policy.

The Ministry of Agriculture

This has jurisdiction over soil protection, forestry, water management, hunting and fishing.

The Czech Environmental Inspectorate

This is an important supervisory body subordinate to the Ministry of the Environment. The Inspectorate is responsible for supervising compliance with environmental legislation. The Inspectorate operates in several specialist sections focusing – for example – on air, water, nature, soil and waste management.

The Nature Conservation Agency of the Czech Republic

This organisation, also subordinate to the Ministry of the Environment, manages certain protected areas and participates in the protection of endangered species and natural habitats.

Regional and Municipal Authorities

These bodies exercise state administration in the field of environmental protection at the regional and local levels as part of so-called “delegated competence”.

National Park Administrations (Krkonoše, Podyjí, Šumava, České Švýcarsko)

These are specialised administrative authorities responsible for nature and landscape protection within specific national parks. Their primary task is to ensure the management and conservation of these most valuable natural areas.

District Mining Administrations

These authorities exercise state administration and supervision over the extraction and utilisation of mineral resources.

Regional Veterinary Administration

This authority supervises the proper handling of animal by-products. It also monitors infections in wild animal populations, and supervises compliance with the Act on the Protection of Animals Against Cruelty.

There is no specific co-operation mechanism concerning national key regulatory authorities in the Czech Republic. General mechanisms of co-operation and rules of administrative proceedings conducted by state authorities are laid down in the Administrative Procedure Code (Act No 500/2004 Coll). Act No 255/1991 Coll, the Inspection Code, regulates control processes carried out by administrative authorities.

In the Czech legal system, the protection of environmental assets such as air, water, soil, fauna and flora, natural habitats and landscapes is established at multiple levels: from the constitutional order (see 1.1 Environmental Protection Policies, Principles and Laws) to specific laws and implementing regulations. Violations of these provisions entail consequences under administrative, criminal and civil law.

The protection of individual environmental assets is governed by separate laws that establish specific instruments, limits and procedures.

Air Protection

Air protection is primarily regulated by Act No 201/2012 Coll, on Air Protection, as amended. The main instruments include:

• emission limits, which set the maximum permissible amounts of pollutants released from a specific source (eg, a factory chimney or a vehicle exhaust);
• immission limits, which determine the maximum permissible concentration of pollutants in the air to which humans and ecosystems are exposed; and
• regulation of stationary sources (boilers, industrial facilities).

Water Protection

Water protection is comprehensively regulated by Act No 254/2001 Coll, the Water Act, as amended. This law applies to both surface waters (rivers, lakes) and groundwater. As a landlocked country, the Czech Republic does not have specific legal regulation for the protection of seawater. Key protection instruments include:

• protection zones of water sources, which restrict activities in the vicinity of drinking water sources;
• water management permits, which are required for the abstraction of surface or groundwater or for the discharge of waste water; and
• waste water discharge limits, ensuring that pollution does not exceed permissible levels.

Soil Protection

Soil protection is primarily established in Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended. This law safeguards the most valuable land for agricultural purposes. Key protection instruments include the following.

• Agricultural Land Fund Protection Classes, which categorise land according to its quality. Land in Protection Classes I and II receives the highest level of protection.
• Withdrawal of land from Agricultural Land Fund protection, which is permitted only in the public interest and under strict conditions, usually requiring the payment of compensation fees.

Flora and Fauna Protection

The protection of flora and fauna is regulated by Act No 114/1992 Coll, the Nature and Landscape Protection Act, as amended. Protection is ensured on two levels.

General protection

This applies to all species of plants and animals and to the landscape as a whole. It includes the protection of significant landscape features (forests, watercourses, floodplains), landscape character and trees growing outside forests.

Special protection

This provides stricter protection for the rarest and most endangered parts of nature, as follows.

Specially protected areas

These include national parks, protected landscape areas, national nature reserves, nature reserves, national natural monuments and natural monuments. Each type of area is subject to graduated protective measures.

Specially protected species

Plants and animals that are scientifically or culturally significant and rare are protected. It is prohibited to harmfully interfere with their development or habitats without obtaining the relevant exemption.

Natura 2000

This is a network of protected areas of European importance, safeguarding the most valuable natural habitats and species across the European Union (EU).

Breaching environmental protections may lead to environmental liability (see 5. Environmental Liability), imposition of administrative fines or, where applicable, criminal liability.

In the Czech Republic, the regulatory, permitting and supervisory authorities have a broad range of powers to investigate and respond to environmental incidents and breaches of environmental law or permit conditions.

• The Ministry of the Environment:
1. oversees national environmental policy and supervision;
2. may initiate inspections or audits, particularly in more serious or systemic cases; and
3. participates in legislative activities (particularly the preparation of draft laws) and issues decrees.
• The Czech Environmental Inspectorate:
1. acts as the main enforcement body for environmental protection;
2. has the legal authority to enter and inspect facilities, collect samples, review records and interview staff;
3. can impose administrative fines, order corrective measures or suspend operations if violations are found; and
4. operates across several areas, including air protection, water protection, waste management, nature conservation and chemicals.
• Regional and local authorities issue and enforce permits related to water management, waste, construction and air quality.
• Police and public prosecutors:
1. in cases involving environmental crime, the Czech Police and State Prosecutor’s Office have investigative powers; and
2. under the Criminal Code, individuals and legal entities can be prosecuted for serious environmental harm.

There is no single, universal environmental permit. Instead, multiple binding opinions and sector-specific permits are required depending on the type and scope of the activity.

Binding opinions are commonly required for construction projects, and are issued by the environmental authorities. Key examples include:

• an Environmental Impact Assessment (EIA) Opinion under Act No 100/2001 Coll, the Environmental Impact Assessment Act, as amended, for large-scale projects (eg, motorways, factories); and
• a Unified Environmental Statement (UES) under Act No 148/2023 Coll, on the Unified Environmental Statement, as amended, consolidating multiple environmental approvals.

A joint binding opinion may be requested to combine both the EIA and UES processes.

An Integrated Pollution Prevention and Control (IPPC) permit is needed for the operational phase if the facility involves certain industrial activities.

Additional permits may be needed for specific activities such as waste management, air emissions or water discharge.

Appeal Rights

Binding opinions themselves cannot be appealed directly. They can only be challenged indirectly by appealing the final decision of the administrative authority that has applied them.

Administrative decisions (eg, water or waste permits) can be appealed through administrative procedures and, if necessary, challenged in the administrative court.

Environmental regulators in the Czech Republic generally follow a compliance-oriented and legally formalistic approach, closely aligned with EU standards. The focus is on:

• preventative measures (eg, EIAs, binding opinions);
• strict adherence to permitting rules; and
• gradual enforcement, often starting with corrective instructions before escalating to fines or operational restrictions.

Authorities such as the Czech Environmental Inspectorate conduct regular inspections, respond to complaints and monitor high-risk activities.

The transferability of environmental permits in the Czech Republic depends on the legal nature of the permit. Czech law distinguishes between:

• permits in rem, which are tied to a specific asset (such as a facility or piece of land); and
• personal permits, which are granted to a specific individual or entity.

Permits in rem automatically follow the asset to which they are attached, meaning they are typically binding on the current owner and any successors. These are common in environmental regulation. However, it always depends on the specific law governing the permit in question. Such a law will usually stipulate whether or not the permit can be transferred to a legal successor.

In contrast, personal permits are issued to a named person or legal entity and generally cannot be transferred, unless allowed by special legal provisions. In the rare cases where transfer is possible, it must be done through a public law contract, which requires approval from the relevant administrative authority.

Breaching an environmental approval/permit can lead to environmental liability (see 5. Environmental Liability).

In the Czech Republic, two main types of liability can be imposed for environmental damage or breaches of environmental law.

Public Law Liability

Public law liability refers to liability for unlawful conduct that breaches duties to protect the environment and its components. This liability is divided into criminal and administrative liability.

Criminal liability

Criminal liability arises in the case of the most serious and socially dangerous attacks on the environment, which are defined as misdemeanours and felonies. Misdemeanours include all criminal offences committed through negligence, as well as all intentional criminal offences punishable by up to five years’ imprisonment. Felonies comprise all intentional criminal offences punishable by more than five years’ imprisonment. The principle of ultima ratio applies, meaning the criminal liability is enforced only when other types of liability are insufficient.

Administrative liability

Administrative liability is the most commonly applied form of legal liability in the context of environmental protection and safeguarding of its components. Like criminal liability, it is a form of public law liability, meaning that a wrongful act (in this case, an administrative offence) must exist. Unlike criminal offences, however, administrative offences are characterised by a lower degree of severity and a lower level of danger to society. The factual elements of administrative offences are defined in sectoral environmental legislation.

Liability for Environmental Damage

Liability for environmental damage includes civil liability for harm or other damage (see 10. Civil Liability) and administrative liability for environmental damage (see 12. Contaminated Land).

A current operator of activities listed in Annex No 1 to Act No 167/2008 Coll, on the Prevention of Ecological Damage and its Correction, as amended, can also be held liable for environmental damage that occurred before their ownership, provided there is a causal link between the activity they are operating and the damage incurred.

Public Law Liability

To be held liable for an administrative/criminal offence causing environmental damage, the following basic conditions must be met.

• Fulfilment of the elements of the administrative/criminal offence.
• Fault: for administrative offences, negligence is sufficient unless the law explicitly requires intent. By contrast, for most criminal offences, intent is required.
• Illegality: the conduct must be contrary to legal regulations.
• Social harm: the conduct must be at least minimally harmful to society. Completely trivial violations do not necessarily constitute an administrative offence. For an act to constitute a criminal offence, it must reach a higher level of severity than an administrative offence.

Liability for Environmental Damage

Civil liability

Within private law, the key legal framework is the Civil Code (Act No 89/2012 Coll), which establishes both general and special cases of liability. The concept of tortious liability is not recognised in Czech civil law, but civil law liability for damages is governed by the rules set out below.

To establish civil liability for environmental damage, the following four conditions must be met.

• Unlawful conduct or harmful event: there must be a breach of law or a contractual obligation, or an operational activity that causes the damage.
• Occurrence of damage: there must be property damage or loss quantifiable in monetary terms.
• Causation: a direct connection must exist between the conduct/event and the damage incurred.
• Fault (in cases of fault-based liability): in most cases, at least negligence is required. In cases of strict liability (eg, arising from operations), fault is not examined.

Administrative liability under Act No 167/2008 Coll

The focus is not on compensating a private individual for loss but on remedying damage to the environment as a public good. Liability here is based on the principle of strict (objective) liability.

To establish administrative liability for environmental damage, the following three conditions must be met.

• Operation of a high-risk activity: the activity must be one of the operational activities listed in Annex No 1 to Act No 167/2008 Coll (in the case of damage to protected species and habitats, liability also applies to other professional activities if fault can be proven).
• Occurrence of environmental damage: there must be a measurable adverse change to a natural resource (water, soil, species).
• Causal link: there must be a demonstrable connection between the operational activity and the environmental damage. The burden of proof lies with the competent administrative authority (eg, the Czech Environmental Inspectorate).

The company itself may be held fully liable for breaches of environmental legislation and/or for pollution caused. This means that the company may be found liable under civil, administrative or even criminal law (if the conditions set out in Act No 418/2011 Coll, on the Criminal Liability of Legal Persons, as amended, are met).

In the Czech Republic, environmental taxes refer to energy taxes – the mineral oils tax and the taxes introduced through the transposition of Directive 2003/96/EC on the taxation of energy products and electricity, namely the tax on solid fuels, the natural gas tax and the electricity tax. These are excise taxes primarily designed to generate income. As pollution from burning fuels increases with consumption, these taxes also have an environmental impact, affecting climate change, air quality and energy efficiency.

In the Czech Republic, the so-called environmental tax is commonly referred to as the “emission fee”, and is regulated by Act No 542/2020 Coll, on End-of-Life Products. This fee applies when importing certain types of vehicles from abroad into the Czech Republic, or when there is a change of owner or operator of such a vehicle, if the vehicle does not meet any emission standards or complies only with the EURO 1 or EURO 2 vehicle emissions standards. The fee is payable upon submitting an application to register the vehicle in the road vehicle registry.

Other Key Fees

Individual environmental protection regulations also stipulate that certain fees must be paid for activities that may impact the environment. These include the following.

Air pollution fees (Act No 201/2012 Coll, on Air Protection, as amended)

These are paid by operators of stationary sources of air pollution listed in the Annex to the Act.

Low-emission fees (Act No 201/2012 Coll, on Air Protection, as amended)

Czech municipalities may establish low-emission zones in which the operation of motor vehicles on roads is restricted in order to reduce air pollution from transport. At the same time, municipalities may introduce low-emission fees for such zones, whereby entry into the zones is permitted only for vehicles whose operators or drivers have paid the respective fee.

Waste water and groundwater fees

These include:

• fees for the discharge of waste water into surface waters;
• fees for the authorised discharge of waste water into groundwater; and
• fees for abstracting groundwater.

See Act No 254/2001 Coll, the Water Act, as amended.

Fees for the landfilling of waste (Act No 541/2020 Coll, on Waste, as amended)

These are paid by landfill operators, who subsequently incorporate them into the waste disposal price charged to the waste producers.

Fees for removing land from the Agricultural Land Fund (Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended)

The fees’ amount depends on the quality of the land and the extent of the removal.

Fees for the removal of forest land (Act No 289/1995 Coll, on Forests, as amended)

These are paid for the conversion of forest land to purposes other than fulfilling forest functions.

Fees for regulated substances (Act No 73/2012 Coll, on Substances That Deplete the Ozone Layer and on Fluorinated Greenhouse Gases, as amended)

These are imposed on producers and importers of regulated substances (ozone-depleting substances) and products containing them.

Mining-related fees/fees related to mined minerals (Act No 44/1988 Coll, on the Protection and Utilisation of Mineral Resources)

The entity carrying out the mining activity must pay a fee based on the quantity and, where applicable, the type of mineral extracted. This varies for “exclusive deposits” and “reserved minerals”.

The Czech legal framework incorporates several measures designed to encourage compliance with the environmental protection regulations and to punish defiance.

Positive Incentives

The State Environmental Fund of the Czech Republic (Act No 388/1991 Coll, on the State Environmental Fund, as amended) provides subsidies and financial support for projects aimed at environmental protection, renewable energy and energy efficiency. Implementation is frequently tied to EU cohesion policy instruments (eg, Operational Programme Environment).

Act No 165/2012 Coll, on Supported Energy Sources, as amended, defines two forms of support for electricity producers: support in the form of a feed-in tariff (mandatory purchase) or support in the form of a green bonus.

The Act on Income Taxes (Act No 586/1992 Coll) contains certain tax reliefs for environmentally beneficial investments, such as energy-efficient technologies or use of renewable resources.

Negative Incentives

Violation of environmental regulations may result in environmental liability for the entity (see 5. Environmental Liability).

Exemptions and Flexibility

Threshold exemption

Activities that are minor and fall below the specified thresholds in the sectoral laws may be exempted from permit obligations.

Temporary exemption

The competent authorities may, under conditions laid down in specific statutes, grant temporary exemptions from emission limits where compliance is not technically feasible, subject to compensatory measures.

Shareholder liability is theoretically possible but is highly unlikely in practice. Shareholders are involved only in strategic decision-making, while the implementation of those decisions is carried out by the directors who are responsible.

Under environmental legislation, a parent company cannot be liable for breaches committed by its subsidiary. Only liability under Act No 90/2012 Coll, on Companies and Co-Operatives, as amended, may arise if the subsidiary suffers harm due to substantial influence exercised by the parent company. Such damage could likely include the costs of environmental remediation.

In the Czech legal jurisdiction, ESG requirements are primarily derived from EU regulations, particularly the Corporate Sustainability Reporting Directive (CSRD), which is implemented by Czech law. Large companies, including listed entities and those that meet certain size criteria, are required to disclose ESG information (in a sustainability report). This includes environmental performance, social and labour practices, and governance information, integrated into their annual reports.

The Czech Accounting Act incorporates these obligations, making reporting mandatory for qualifying companies based on size.

Monitoring and enforcement are carried out through compliance checks. Non-compliance can result in fines of up to 3% of a company’s assets. Enforcement also leverages whistle-blowing protections under Czech law to identify breaches relating to ESG issues. ESG disclosures must be transparent and are subject to regulatory scrutiny, in line with EU and Czech laws.

Some companies may be subject to environmental audit requirements.

The most significant and widely implemented requirement is the energy audit under Act No 406/2000 Coll, on Energy Management. It is a systematic review and analysis of energy consumption. An energy auditor (a qualified energy specialist with a licence from the Ministry of Industry and Trade) thoroughly maps the energy management of the entity, to be able to propose measures that will lead to energy savings and be cost-effective. The obligation to conduct an energy audit applies to large enterprises (defined by number of employees or turnover) and must be carried out once every four years.

Furthermore, some operators of facilities subject to integrated permits must regularly report on their compliance with these permits’ conditions. However, this does not constitute an environmental audit in the strict sense.

Public Law Liability

Both the company as a whole and a specific individual (eg, managing director, operations director) whose conduct constituted the elements of the offence may be prosecuted for a criminal or administrative offence. The principle of concurrent and independent administrative/criminal liability applies.

Liability for Environmental Damage

Civil liability: duty of due care

This duty is imposed by the Business Corporations Act. If company directors breach their obligations – for instance, by failing to implement adequate measures to prevent pollution, as a result of which the company is subsequently fined by the Czech Environmental Inspectorate – the company may incur damage. Such damage, corresponding to the imposed fine and the costs of remediation, must be recovered by the company from the manager concerned. This is known as recourse liability.

Administrative liability under Act No 167/2008 Coll

Under this Act, the operator of a hazardous activity is liable for environmental damage. The Act does not target directors or managing directors directly – their personal liability under this Act cannot arise.

Insurance

Managers may insure themselves against the risk of personal liability. The standard product available on the market is directors’ and officers’ (D&O) liability insurance.

In the past, environmental insurance was not frequently arranged in the Czech Republic; however, growing public concern about the environment has led insurers to expand the availability of such products.

The transposition of EU Directive 2004/35/EC into Czech law through Act No 167/2008 Coll, on the Prevention and Remediation of Environmental Damage, further stimulated the market. Annex 1 of this Act specifies certain operational activities that require operators to provide financial security to cover the costs of preventing or remedying environmental damage. This obligation can be fulfilled through an insurance policy, which in turn has encouraged insurers to develop appropriate insurance products.

Another statutory obligation is established under Act No 224/2015 Coll, on the Prevention of Major Accidents. Section 33 of this Act requires operators of certain facilities to maintain liability insurance covering damages from major accidents throughout the facility’s operation, including during the testing phase.

As a result, insurers in the Czech Republic now provide products covering a wider range of environmental risks associated with business activities. These insurance policies are designed to not only meet obligations under Act No 167/2008 Coll and Act No 224/2015 Coll but to also cover other potential environmental risks arising from business operations.

Coverage levels differ between insurance providers, though a common limitation was the exclusion of progressive (gradual) environmental pollution. Nevertheless, it is currently possible to find insurance products on the Czech market that also cover damages caused by this type of pollution.

There is no explicit provision in the environmental legislation that makes a financial institution (eg, a bank) or lenders liable for environmental damage resulting solely from lending money to a polluter.

However, as a legal entity, a financial institution or a lender can also be held liable (see 6.1 Liability for Environmental Damage or Breaches of Environmental Law).

Lenders protect themselves by conducting due diligence such as pre-contractual assessment, requiring statements from necessary institutions and focusing on company/individual history of adhering to environmental requirements. Usually, they rely on precise loan structuring that can limit the lender’s liability and overall risk management.

If environmental damage or other harm occurs (ie, a harm is suffered as a result of a violation of the right to a favourable environment), a liability relationship is triggered (see 5.3 Key Defences).

The civil liability for environmental damage is governed primarily by Act No 89/2012 Coll, which sets out both general and specific liability regimes.

The right to live in a favourable environment is protected under Section 81 of Act No 89/2012 Coll. Where this right is infringed, the injured party may seek the following civil law remedies:

• an order to refrain from further interference;
• removal of the consequences of the harmful conduct; and
• monetary compensation.

These remedies are available where the following conditions are met:

• unauthorised interference with the right to a favourable environment;
• demonstrable harm suffered by the affected person, including its quantification where monetary compensation is sought; and
• a causal link between the interference and the harm.

In practice, actions for protection against so-called “immissions” under Section 1031 of Act No 89/2012 Coll are frequently used. These cover pollution of air, water or soil originating from neighbouring land. In such cases, claimants may seek cessation of further interference, removal of its consequences and financial compensation. An exception applies where the immissions originate from a facility whose operation has been officially approved: in that scenario, only a claim for financial compensation is available.

In Czech law, exemplary or punitive damages are generally not possible, as stated in many decisions of the Czech Supreme Court. However, when determining compensation in the most serious cases, the courts may consider circumstances that intensify the severity of the injury to the injured party, such as intentional injury or injury caused by deceit or threats.

Class or group actions are only available in consumer-related claims. There is no statutory basis for such actions in environmental civil litigation. Environmental associations and other stakeholders must therefore rely on individual procedural routes. These include bringing actions in their own name where they are able to establish standing under constitutional or civil law provisions.

So far, there have been relatively few significant disputes in the Czech jurisdiction concerning civil law claims for environmental damage. A notable case is the litigation between Lesy České republiky (the State-owned forest management company) and ČEZ (the country’s largest electricity trader), which concerned compensation for damage to forest stands caused by industrial emissions from the operation of power plants. The outcome, confirmed by the Constitutional Court, was the imposition of liability for damage to forest ecosystems and the articulation of criteria for the quantification of environmental harm.

Liability for environmental damage is governed under Czech law primarily by Act No 167/2008 Coll, on the Prevention and Remedying of Environmental Damage. This Act introduces strict (objective) liability of operators of certain high-risk activities, which is characterised by the fact that it does not require proof of fault or unlawfulness. Establishing liability requires only proof of a causal link between an operational activity listed in Annex No 1 to the Act and the occurrence of environmental damage.

Private law contracts may regulate, between the parties, civil compensation for damage or the allocation of liability for incidental damage. However, they cannot release operators or other public law entities from public law obligations and from strict liability for environmental damage under Act No 167/2008 Coll. Moreover, private agreements have neither binding effect nor influence on the conduct of public authorities, which are bound by public law provisions. Such provisions are binding only between the parties to the contract. The parties cannot therefore agree on who will bear responsibility for environmental damage, but they can agree that one party will compensate the other under certain circumstances.

Although there is no single comprehensive act in the Czech legal system that deals exclusively with contaminated land, this key role is played in particular by Act No 167/2008 Coll, on the Prevention and Remedying of Environmental Damage, which transposes Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. This Act defines environmental damage as a measurable adverse change in natural resources (including land), or a deterioration in their functions. It establishes the liability of the polluter for the damage caused and imposes an obligation on them to carry out preventative or remedial measures.

Also important is Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended. This Act deals with the protection against pollution of agricultural soil.

Act No 541/2020 Coll, on Waste, as amended, addresses the issue of illegally accumulated waste on land, and also sets out the responsibilities attached thereto.

The obligated party is the operator of activities listed in Annex No 1 to Act No 167/2008 Coll. The duty to prevent or remedy environmental harm is based on the principle of strict liability (ie, liability for the outcome). To establish liability, or the duty to take preventative or remedial measures, it is sufficient to demonstrate a causal link between the operation of an activity listed in Annex No 1 to the Act and the occurrence of environmental harm.

Under Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended, in the event of agricultural soil contamination, the landowner is obliged to take remedial measures. If such measures are not taken, the administrative authority shall impose the obligation to remedy the harmful condition on the polluter.

Under Act No 541/2020 Coll, on Waste, as amended, the primary responsibility for illegally accumulated waste lies with its owner. However, if the waste owner cannot be identified, the administrative authority shall request the landowner to remove the waste and ensure its delivery to a facility designated for waste management.

This public law liability is non-transferable. The polluter cannot be released from it by agreement with a third party. The competent authority (most often the Czech Environmental Inspectorate) will always require remediation from the polluter.

Pursuant to Act No 167/2008 Coll, on the Prevention and Remedying of Environmental Damage, if environmental damage is caused by multiple operators, they shall be jointly and severally liable.

The regulatory authorities (such as the Czech Environmental Inspectorate) have a statutory duty to act ex officio if they identify or receive a reasonable suspicion of contamination.

If there is a suspicion of environmental damage to the land caused by operational activities, the competent authority (the Czech Environmental Inspectorate) shall immediately commission a risk assessment. For this purpose, it shall request an opinion from the regional public health authority, which will assess the risk to human health.

If the risk assessment and the public health authority confirm the damage:

• the authority shall prepare a proposal and evaluate possible remedial measures (including a comparison of alternatives, costs and timelines); and
• the operator is then obliged to carry out the remediation ordered by the authority in such a way that the land does not pose a significant risk to human health.

There are several pieces of legislation in the Czech Republic that focus on reducing greenhouse gas emissions and protecting the climate. These regulations are part of a broader European framework (see 13.2 Targets to Reduce Greenhouse Gas Emissions).

The Czech Republic’s targets for reducing greenhouse gas emissions are primarily guided by EU climate policy. Under the European Climate Law (Regulation (EU) 2021/1119), the EU – including the Czech Republic – is committed to reducing emissions by at least 55% by 2030 (compared to 1990 levels) and achieving climate neutrality by 2050.

A key tool for meeting these targets is the EU Emissions Trading System (EU ETS), which applies to major industrial and energy sectors. In the Czech Republic, this system is implemented through Act No 383/2012 Coll, requiring operators to monitor, report and offset their emissions with allowances.

While not emission targets in themselves, renewable energy goals also support emission reduction efforts. The Renewable Energy Directive (EU) 2018/2001 sets a binding EU-wide target for a 42.5% renewable energy share by 2030, with national frameworks such as Act No 165/2012 Coll supporting implementation at the country level.

Asbestos

Regarding asbestos, the EU adopted Regulation (EC) No 1907/2006 (REACH). Under the Regulation, asbestos fibres are classified as a dangerous substance, and the manufacture, placing on the market, and use of these fibres and of articles containing these fibres (added deliberately) are forbidden. Furthermore, the Regulation allows the continued use of asbestos-containing products already installed or in use before 1 January 2005, until they are disposed of. In this context, the EU member states may introduce additional restrictions or specific conditions to protect human health before these products are fully phased out.

Czech legislation focuses on the regulation of asbestos handling, particularly its disposal. It sets out requirements to protect workers who may be exposed to asbestos and establishes conditions for its safe and proper disposal.

The protection of workers handling asbestos is primarily regulated by Act No 309/2006 Coll, on Ensuring Other Conditions of Health and Safety at Work, as amended. In general, the Act prohibits work with asbestos, except in specific cases such as the disposal of asbestos waste or the demolition of buildings containing asbestos.

The Waste Act regulates the management of asbestos as waste. Under the Waste Act, anyone handling asbestos-containing waste must take all necessary measures to prevent the release of asbestos fibres or dust into the air and the spillage of liquids containing asbestos. Furthermore, the disposal of asbestos-containing waste requires payment of a landfill fee and must take place at a special landfill.

Under Act No 258/2000 Coll, on the Protection of Public Health, as amended, the relevant public health authority must be notified by the employer of any work in which employees are, or may be, exposed to asbestos.

PCBs

The policies and principles focus mainly on preventing polychlorinated biphenyls (PCBs) from entering the environment, establishing a strict procedure for handing over PCBs, PCB waste or PCB-containing equipment for disposal or decontamination in specialised facilities, and defining requirements for reporting.

The Czech Republic is a party to the Stockholm Convention on Persistent Organic Pollutants. For its implementation, the Ministry of the Environment has prepared the National Implementation Plan of the Stockholm Convention on Persistent Organic Pollutants in the Czech Republic for the period 2024–2029. The Czech Republic thus adheres to the principles of this Convention.

At the EU level, Directive 96/59/EC is relevant. The Czech Republic has implemented the Directive, thereby fulfilling its obligations concerning the controlled disposal of PCBs, as well as the decontamination or removal of equipment containing PCBs.

The Czech Republic also fully complies with Regulation (EU) 2019/1021 and its core principles aimed at minimising and, where possible, eliminating PCB releases, as well as regulating waste that contains or is contaminated by them. The Regulation particularly takes into account the precautionary principle.

In Czech legislation, the management of PCBs as hazardous waste is primarily regulated by Act No 541/2020 Coll, on Waste. More detailed conditions are laid down in Decree No 273/2021 Coll, on Detailed Waste Management. These include the determination of total PCB concentrations, requirements for decontamination and methods for labelling equipment containing PCB or decontaminated equipment.

Act No 541/2020 Coll, on Waste, as Amended

This implements the requirements of EU Directive 2008/98/EC. The Waste Act defines fundamental concepts (waste, producer, waste management hierarchy), establishes the rights and obligations of all entities and sets out the powers of supervisory authorities.

Implementing Decrees

The Waste Act is supplemented by several key decrees – in particular, as follows.

Decree No 8/2021 Coll, on the Waste Catalogue, as amended

This defines and classifies individual types of waste, distinguishing between “other” and “hazardous” waste. Proper classification of waste is a fundamental duty of the producer.

Decree No 273/2021 Coll, on Details of Waste Management, as amended

This regulates technical aspects such as collection, storage, record-keeping, reporting and documentation.

Related Legislation

Other regulations also apply to this area – for example, the following.

Act No 477/2001 Coll, on Packaging, as amended

This establishes the rights and obligations of entities placing packaging on the market or in circulation.

Act No 542/2020 Coll, on End-of-Life Products, as amended

This regulates the take-back of selected products (electrical equipment, batteries or accumulators, and tyres) and the disposal of end-of-life vehicles.

In general, waste producers are no longer responsible for the waste if they have transferred their ownership to an authorised person in accordance with the law.

The producer of waste may be held liable if:

• the producer transfers waste to an unauthorised person (ie, a person who does not hold a valid permit to operate a facility for the management of the specific type of waste);
• the producer is unable to prove that the waste was duly transferred (ie, the producer fails to keep documentation in accordance with the legal requirements); and
• the producer knows that the third party will handle the waste illegally (which may constitute complicity in a criminal offence or an administrative offence).

Duties in Product Design

On 18 July 2024, Regulation (EU) 2024/1781 on establishing a framework for setting ecodesign requirements for sustainable products (the “Ecodesign Regulation”) entered into force. The purpose of this Regulation is to ensure greater product sustainability by establishing, in the future, requirements for individual products regarding – for example – their durability, improved energy efficiency, repairability and recyclability.

The Regulation itself does not yet establish any specific ecodesign requirements. It merely provides a legal framework under which specific requirements for individual product categories will be set through implementing acts issued by the European Commission. The Regulation should then be implemented within the Czech legal system.

Obligation of Take-Back (Extended Producer Responsibility – EPR)

Act No 542/2020 Coll, on End-of-Life Products, as amended

This Act establishes that producers are required to arrange for the collection and management of certain waste streams.

Household waste electrical and electronic equipment (WEEE)

Producers must provide free take-back for household WEEE, with no obligation for the consumer to purchase a new product. Producers must also arrange for the take-back of non-household WEEE, although this may be subject to charges.

Waste batteries and accumulators

Producers must accept end-of-life portable or automotive batteries and accumulators from end users at their own cost, regardless of brand, date of market placement or any link to the purchase of a new product, and without requiring payment for collection. The take-back of industrial batteries or accumulators is also required, although not necessarily free of charge.

Waste tyres

Producers must ensure the collection of end-of-life tyres from users, irrespective of brand or date of market placement, without requiring the purchase of a new tyre or payment for collection.

Act No 477/2001 Coll, on Packaging, as amended

This Act imposes an obligation of take-back of packaging, requiring persons who place packaging on the market or into circulation (ie, manufacturers, importers, distributors and retailers) to ensure the take-back of packaging and, for this purpose, to establish an adequate network of take-back points.

The basic framework is established by Act No 541/2020 Coll, on Waste, and its implementing decrees.

In particular, a waste facility operator is obligated to operate the facility in accordance with the permit issued by the regional authority.

Upon receiving waste, except for waste already owned by the operator prior to receipt, the operator is obligated to:

• record information about the waste, the transferring person and the facility or site from which the waste is transferred;
• weigh the waste and carry out a visual inspection;
• verify the classification of the waste by type and category, except when receiving waste from a non-commercial individual;
• classify the waste by type and category when receiving it from a non-commercial individual; and
• refuse to accept waste into the facility if not authorised to handle that type or category of waste.

The Czech Republic has established a comprehensive system of mandatory disclosure of environmental information, which imposes obligations on both private entities and public authorities. The purpose is to ensure transparency, inform the public and enable oversight of compliance with environmental regulations. Information must be provided both to the regulatory authorities and to the wider public, on the basis of various legislative instruments, as follows.

The IPO System

The IPO System maintains a register of inspection technicians for stationary combustion sources.

The Integrated Pollution Register

The Integrated Pollution Register offers detailed information on the quantities of hazardous substances released into the environment by undertakings, including emissions into air, water and soil, and transfers of pollutants in waste and waste water.

The Contaminated Sites Register

The Contaminated Sites Register was established by the Ministry of the Environment for the registration, monitoring and prioritisation of contaminated or potentially contaminated sites and locations with environmental damage.

The CITES Register

The CITES Register provides information services accessible both to the public and to the authorities responsible for regulating trade in endangered species. It covers, inter alia:

• the issuance, administration and supervision of CITES permits;
• the management of a centralised database of seized illegally held specimens; and
• the recording of offences in the area of trade with endangered species.

The Integrated System for Fulfilling Reporting Obligations

The Integrated System for Fulfilling Reporting Obligations serves as the electronic platform for the submission and processing of selected environmental reports (regarding air, water and soil pollution, waste and packaging records, as well as the disposal of electrical equipment or records of end-of-life vehicles in the relevant facilities).

The Hazardous Waste Shipment Registration System

The Hazardous Waste Shipment Registration System enables the electronic submission and processing of hazardous waste shipment notification forms, and provides access to the information for the relevant authorities.

The Hazardous Waste Assessment System

The Hazardous Waste Assessment System is used for applications and the issuance of certificates excluding hazardous waste characteristics, or notifications confirming that certain waste displays hazardous properties.

The Waste Management Information System

The Waste Management Information System supplies essential data for decision-making, monitoring and statistical purposes in the field of waste management.

The Integrated Prevention Information System

The Integrated Prevention Information System is designed to secure compliance with disclosure obligations and public access requirements under Act No 76/2002 Coll, on Integrated Prevention, as amended. This includes publication of a summary of applications, assessments of the best available techniques and integrated permit decisions.

Failure to disclose or report environmental information constitutes an administrative offence and is subject to sanctions.

The right to obtain environmental information is one of the fundamental rights guaranteed by the Charter of Fundamental Rights and Freedoms. This right is subject to the limitations set out in the law that implements it. This is outlined in Act No. 123/1998 Coll., on the right to information on the environment.

Some environmental information is publicly available from the registers listed in 16.1 Disclosure and Reporting Requirements.

Any person seeking environmental information may request its disclosure from public authorities and bodies without having to state reasons for the request. Public authorities and bodies under a duty to disclose include:

• state administrative bodies, other state organisational units and authorities of territorial self-governing units;
• natural and legal persons vested with competences relating directly or indirectly to the environment under special legislation in the exercise of public administration; and
• legal entities established, managed or entrusted by the entities referred to above, as well as individuals authorised by them, who, under law or contractual arrangements, provide services that may affect the environment or its components.

Requests for disclosure may be refused only on limited grounds, such as where the information is classified or constitutes a trade secret.

Large companies, including listed entities and those meeting certain size criteria, are mandated to disclose a sustainability report (see 6.5 ESG Requirements).

In the Czech Republic, a range of finance arrangements in the field of green finance are applied, primarily shaped by EU legislation. The key legislation includes the following.

Directive (EU) 2022/2464 of the European Parliament and of the Council (the CSRD; see 6.5 ESG Requirements) imposes an obligation on large companies to prepare a sustainability report. This obligation has been transposed into Czech law through Act No 563/1991 Coll, on Accounting, as amended.

Regulation (EU) 2019/2088 of the European Parliament and of the Council, referred to as the Sustainable Finance Disclosure Regulation (SFDR), requires that financial market participants and financial advisers (entities) disclose information on:

• how they consider external sustainability-related risks that may affect the value and return of their investments; and
• the principal adverse impacts (PAIs) that their investments have on sustainability factors (ESG).

The SFDR also requires financial market participants to provide a justification for any sustainability-related claims they make in connection with their financial products.

Environmental due diligence is gaining significance, as it can help prevent future disputes between parties to a transaction. It is particularly important in transactions involving environmental risks, which are most common in sectors such as agriculture, energy and waste management.

Such environmental due diligence would primarily include a review of the following areas:

• regulatory compliance;
• historical records;
• validity of environmental permits;
• assessment of potential liabilities;
• insurance coverage; and
• future regulatory risks.

In the case of real estate, the review typically includes an assessment of compliance with the zoning plan, which may set environmental objectives – for example, in connection with climate change.

Czech law does not impose a general statutory duty on sellers to disclose environmental information in connection with a transaction.

The requirement under Act No 406/2000 Coll, on Energy Management, as amended, for a seller to provide a Building Energy Performance Certificate in the context of a property sale or lease may be viewed as an example of environmental disclosure.

Furthermore, under the general principles of contract law, environmental information is typically regarded as part of the negotiation process between the parties. Disclosure of environmental information by the seller can also serve to limit the risk of liability for factual or legal defects affecting the transaction target.

The most common environmental legal issues that arise in a transaction are invalid environmental permits or other documents required by law, usually due to their expiry. Another frequent finding is the failure to fulfil reporting obligations. In connection with this, the risk of administrative liability and potential sanctions is then assessed.