Stricter Climate Impact Assessment Requirements in the Czech EIA Process

If your business is planning a development project or infrastructure investment, you no longer need to consider only traditional environmental risks. In the EU and the Czech Republic, the practice of climate impact assessment within the Environmental Impact Assessment (EIA) process is becoming significantly more stringent. We will explain how these requirements will affect your project and where to find assistance from our Prague-based legal team.

Quick Summary

• Authorities and investors now strictly require EIA to consider not only project emissions but also the risks that climate change poses to the project. This comprehensive analysis is based on European Commission methodology and Act No. 100/2001 Coll. in the Czech Republic.
• Your project must demonstrate that it minimizes its carbon footprint in accordance with climate goals and is technically resilient to future weather extremes. Both aspects are essential parts of the documentation under Czech law.
• Insufficient assessment leads to the return of documentation, resulting in longer approval times and additional costs for new expert reports. Furthermore, without compliance with the "Do No Significant Harm" (DNSH) principle, obtaining a bank loan is often impossible.
• By integrating climate aspects into your project early and ensuring high-quality documentation, you will save time and avoid unnecessary revisions. Our attorneys in Prague at ARROWS have long-standing experience with this agenda and can ensure a smooth approval process for you.

What is actually changing in the field of EIA?

Let’s start by setting the record straight. The obligation to assess climate impacts already stems from the revised EIA Directive, which was transposed into the Czech legal system by an amendment to Act No. 100/2001 Coll. However, what is fundamentally changing now is the depth and strictness of the audit of these requirements as 2026 approaches. The European Commission and national authorities in the Czech Republic are now consistently applying principles resulting from the Fit for 55 package and the EU Taxonomy.

While the law has mandated this for several years, whereas a formal description used to suffice, authorities—under the pressure of case law—now require detailed calculations. Furthermore, the project must prove its resilience to climate change. This means you must assess in the EIA documentation how it will be affected by increased temperatures, droughts, floods, and other climate extremes throughout its entire lifespan.

In practice, this means you must include in the EIA documentation not only the project's greenhouse gas balance but also scenarios of how the project will handle weather extremes over the coming decades.

microFAQ: Basic orientation in obligations

1. Do climate requirements apply to smaller projects?
Yes, if your project falls under Category II according to Annex No. 1 of the Czech Environmental Impact Assessment Act (projects requiring a screening procedure), the authority may decide that climate impact must also be assessed. This typically applies to energy, transport infrastructure, manufacturing, as well as large development projects or water management.

2. Is climate assessment more than just an emissions analysis?
Exactly. The requirements include two sides of the coin: (a) the project's emission balance (mitigation – how many greenhouse gases the project will emit) and (b) climate resilience (adaptation – how the project will handle future climate conditions).

3. Do I have to wait for new legislation?
No. You must act immediately. Projects currently under preparation will be assessed through the lens of current methodological guidelines and the EU Taxonomy, which are already in effect or being phased in. Waiting carries the risk of having to redesign the project.

The two pillars of climate requirements: mitigation and adaptation

To understand what is expected of investors, we must understand the basic division according to Section 5, Paragraph 1 of Act No. 100/2001 Coll.: climate assessment in EIA has two parts. Both are equally important.

Pillar one: mitigation – how does your project affect the climate?

Mitigation means limiting greenhouse gas emissions. If you are building a highway, a production hall, or an energy source in the Czech Republic, you must document in the EIA how many tons of CO₂ equivalent the project will emit per year. The methodology commonly requires the calculation of Scope 1 and 2 emissions, and for large projects, relevant parts of Scope 3 as well.

When building a highway, this means you must provide a qualified estimate of the impact of traffic on regional emissions, but emissions generated during construction are also included. Both the European Commission and the Czech Ministry of the Environment have issued methodological guidelines on this issue.

In practice, compliance with national climate targets is now assessed. Our Prague-based attorneys at ARROWS routinely handle projects with European reach and know what standards are required not only by authorities but also by banks for so-called green financing.

Mgr. Karel Huneš

associate

• hunes@arws.cz

JUDr. Tereza Snopková, Ph.D.

associate

• snopkova@arws.cz

Pillar two: adaptation – how does the climate affect your project?

This is the area where mistakes are most frequently made. Adaptation means you must assess the vulnerability of your project to climate change. Specifically: if you are building a water reservoir, you must model river flows in thirty years' time with regard to predicted droughts. If you are building in an area where an increase in flash floods is expected, you must propose adequate retention and protection measures in the project.

At first glance, this seems like a technical detail, but without this chapter in the EIA documentation, the Czech authority will return the project to you. ARROWS' Czech legal team, in cooperation with technical advisors, can guide clients safely through this process.

microFAQ: Practical questions on mitigation and adaptation

1. Do I have to calculate emissions from construction, or just from operation?
Both scenarios. Emissions are calculated for the construction phase (embodied emissions in materials, transport, construction site) as well as for the period of operation. For infrastructure projects, emphasis is placed on the entire life cycle.

2. What happens if I find that the project has high emissions?
High emissions must be justified and compensated. You must propose mitigation measures – e.g., Best Available Techniques (BAT), energy savings, renewable sources, or planting greenery. If the project conflicts with the state's climate plans, it may be grounds for a negative standpoint.

3. Where can I get data on the future climate for my location?
In the Czech Republic, data is available from the Czech Hydrometeorological Institute (ČHMÚ), the "Climate Change in the CR" portal, or the ClimRisk project. For international context, Copernicus is used. If you are unsure about the interpretation of data for legal purposes, we can help – write to us at office@arws.cz.

Development of legislation and current pressure

To better understand why authorities are now placing such emphasis on the quality of assessments, context is essential. Although the basic legal obligation has existed since the transposition of the directive in 2017, it is only in recent years that key implementing documents and strategies have been issued. These stipulate that for an investment to be considered sustainable, it must "do no significant harm" to any environmental objectives, including climate change adaptation.

Taking the Czech Republic as an example: Act No. 100/2001 Coll. is being interpreted increasingly strictly in light of the European Climate Law, which enshrines the goal of climate neutrality. Authorities can no longer ignore cases where a large-scale project undermines this objective.

Our attorneys in Prague at ARROWS law firm closely monitor developments in legislation and court decision-making practice. We know that a formal "check-box" approach to the climate chapter is no longer sufficient, and we prepare our clients according to the latest standards under Czech law.

microFAQ: Legislative Background

1. Is climate assessment a new requirement for 2026?
Legislatively, no (the obligation has been in Act No. 100/2001 Coll. since 2017). What is new, however, is the intensity of enforcement, the link to financing (Taxonomy), and new directives such as RED III, which will have full impact in 2025/2026.

2. Why is there so much talk about this now?
Because investors are beginning to encounter problems when financing and insuring projects that have not addressed climate risks. At the same time, conditions for drawing EU subsidies, which are linked to the EIA process in the Czech Republic, are becoming stricter.

3. How does this affect my older EIA documentation?
If your EIA already has a final binding opinion, it generally remains valid (unless it has expired). However, if you are applying for an extension of the opinion or making a change to the project design, the authority will proceed according to the new, stricter criteria. Consult with our Czech legal team – office@arws.cz.

Practical steps: how to prepare?

If you are preparing a project in the Czech Republic, proceed as follows:

Step 1: Correct categorization of the project

First, clarify: which category of Annex No. 1 of Act No. 100/2001 Coll. does the project fall under? Is it a Category I project (mandatory EIA) or Category II (screening procedure)? For Category II, it is up to the authority to decide whether to mandate a full EIA.

A high-quality project notification that already includes a climate analysis can convince the authority that a "full EIA" is not necessary because the risks have been addressed. This is the moment for a specialist – our attorneys in Prague can assist with the strategy during the screening procedure phase.

Step 2: Climate risk screening

Once you know the project will be assessed, secure the data:

• Identify future climate scenarios for the location (temperature, precipitation, wind).
• Assess the sensitivity of the project (will it be a problem if the river stops flowing for a week? Will it be a problem if it reaches 40 °C?).
• Conduct a risk significance analysis.

In the Czech Republic, we use data from CENIA, the Czech Hydrometeorological Institute (ČHMÚ), and specialized studies. It is not necessary to invent data, but it is essential to apply it correctly to the specific technical solution of the construction.

Step 3: Integration into the project

Climate measures must not just be "on paper"; they must be integrated into the project. If you know there is a risk of overheating, include shading, green roofs, or more efficient cooling in the design. If there is a risk of torrential rain, size the drainage and infiltration systems for future, not historical, values. These measures often improve operating economics and facilitate negotiations with authorities and neighbors.

microFAQ: Practical preparation questions

1. When should I start addressing climate issues?
Ideally during the feasibility study phase. If you discover a major risk only while drafting the EIA, it may mean having to redesign the project.

2. Who is responsible for this?
The notifier (investor). They must ensure an authorized person prepares the EIA documentation, who is then obliged to include these aspects. Legal responsibility for the accuracy of the underlying documents rests with the investor.

3. What if the project is identified as climate-risky?
This does not mean the end of the project. It means you must propose adaptation measures and a monitoring plan. The project can be approved if you demonstrate that risks are managed to an acceptable level.

Specific requirements for documentation content

According to Czech law and methodological guidelines, documentation must contain:

Part A – Mitigation aspects:

• Quantification of greenhouse gas emissions (CO₂eq) for the construction and operation phases.
• Comparison of emissions with reference values and Czech climate targets.
• Description of measures to reduce energy intensity and emissions.

Part B – Adaptation aspects:

• Identification of climate threats at the project site (temperature, precipitation, wind, drought).
• Vulnerability and Risk Assessment.
• Proposal of adaptation measures (technical, ecosystem-based).
• Monitoring plan in case of uncertainties.

Simply put: you must prove that your project will not be a "climate offender" and that it will survive even in the conditions of 2050.

microFAQ: Technical details

1. Can I use older data?
We recommend always using the latest sets of climate models (e.g., CMIP6). Authorities may challenge older data as being outdated.

2. What time horizon should be assessed?
Generally, the entire expected lifespan of the project is assessed. For buildings in the Czech Republic, this is typically 50 years or more.

3. What is LCA (Life Cycle Assessment)?
A life cycle assessment. For certain types of projects, it is required to include emissions from the production of materials and the decommissioning of the building, not just from its operation.

The EIA process with an emphasis on climate

Phase 1: Notification and Screening Procedure: The investor submits a notification. It is crucial to include a basic climate balance at this stage. The authority will decide whether a full EIA is required. If the notification is of high quality, the process may conclude here.

Phase 2: EIA Documentation: If a "full EIA" is required, an authorized person prepares detailed documentation, including dispersion studies and a climate assessment. This requires cooperation between the designer, climatologist, and legal counsel. ARROWS ensures the coordination of these professions.

Phase 3: Expert Opinion and Public Hearing: The authority commissions an opposing expert opinion. If the documentation is of high quality, the reviewer will confirm it. This is followed by a public hearing, where emissions and water management are often discussed. Legal representation at the public hearing is key to managing emotions and providing factual arguments.

Phase 4: Binding Opinion: The result is a binding opinion from the Ministry of the Environment or the Regional Authority. This serves as the basis for the project permit proceedings. The opinion may contain conditions – for example, the obligation to implement a green roof or a retention tank.

New Legislation: RED III Directive and EU Taxonomy

Instead of hypothetical changes, it is necessary to mention the actual legislative revolution that will affect 2025 and 2026. This primarily concerns the implementation of the RED III Directive and the full rollout of reporting according to CSRD in the Czech Republic.

• Acceleration Areas (RED III): Member states must designate so-called areas for the accelerated deployment of renewable energy sources by 2026.
• Overriding Public Interest: For renewable energy projects and related infrastructure, an overriding public interest is now presumed, which facilitates obtaining exemptions from nature protection rules under Czech law.
• CSRD and Taxonomy: Large companies must report their climate risks starting from 2025/2026. To do this, they need data from the EIA of their investment projects.

For your project, this means: if you are developing renewable sources, the legislation is in your favor (shortened deadlines). If you are working on other projects, you must expect that without a high-quality climate assessment, you will not secure project financing.

Conclusion

Considering climate in an EIA is not a thing of the future – it is a hard reality of today's permitting processes and financing conditions. The year 2026 will bring the full application of rules for acceleration zones and sustainability reporting, which will further increase the pressure on EIA quality.

The key message is simple: authorities and banks assess projects more strictly, which requires high-quality documentation, expert knowledge, and the alignment of technical aspects with Czech law. Our attorneys in Prague at ARROWS handle these issues daily. We know the common mistakes and how to avoid them. We help clients prepare projects that pass approval and are secure for investors.

If you have a project and want to ensure it is prepared for the new requirements, do not hesitate to contact us. Our Prague-based law firm will take care of you – from project review and EIA coordination to representation in proceedings. Simply write to us at office@arws.cz.

FAQ – Frequently Asked Legal Questions

1. Do I need to conduct a climate assessment even if my project is below the threshold?
For sub-threshold projects, an EIA is not performed unless stipulated by law (e.g., in protected areas). However, even in project permit proceedings, the building must be designed to be safe and resilient, which de facto includes climate adaptation.

2. How much does a high-quality EIA with a climate assessment cost?
The price varies by project type. For simple projects, it ranges in the tens of thousands of CZK; for full EIA documentation for large structures, it can range from hundreds of thousands to millions. However, the cost of high-quality processing is a fraction of the price compared to losses from project delays. Contact us for an estimate – office@arws.cz.

3. If a project already has an approved EIA, do I need to update it?
An EIA opinion is valid for 7 years (with the possibility of extension). If it is valid and the project does not change, an update is not necessary. However, when applying for an extension, the authority examines whether there has been a change in local conditions or legislation – here, a climate assessment may be newly required.

4. What specific measures can I propose?
It depends on the location. Against drought: rainwater retention, greywater systems, permeable surfaces. Against heat: green facades, shading, cooling with heat recovery. Against floods: dry polders, elevation of the grade level. ARROWS specialists can help you find solutions acceptable to Czech authorities – office@arws.cz.

5. What are the deadlines for EIA approval?
The statutory deadline for the screening procedure is 45 days, but in reality, with service of documents, it takes 2–3 months. A full EIA usually takes 6–12 months. The new RED III directive is intended to shorten deadlines for renewable energy sources; transposition into Czech law is currently being prepared.

6. Do the same rules apply across the EU?
The EIA Directive and the Taxonomy Regulation apply throughout the EU. National procedures may differ in procedural details, but the substantive climate requirements are harmonized. ARROWS International can also assist you with projects abroad – office@arws.cz.

Disclaimer: The information contained in this article is for general informative purposes only and serves as a basic guide to the issue. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. To verify the current wording of regulations and their application to your specific situation, it is essential to contact our Prague-based law firm directly (office@arws.cz). We bear no responsibility for any damages or complications arising from the independent use of information from this article without our prior individual legal consultation and professional assessment. Every case requires a tailored solution, so please do not hesitate to contact us.

Read also:

• Cross-Border Construction Law and Building Due Diligence in the Czech Republic: What Foreign Investors Should Know
• Who Can Be a Party to Czech Building Permit Proceedings?
• Czech Environmental Inspectorate: what to watch out for in manufacturing companies:
• Compliance audits: How to conduct an internal audit before the authorities arrive: