image
image
Preliminary Planning Study
New Railway Line Dresden - Prague
Task 1.2 Planning Process
30. October 2015

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 2
Content
1.2 The framework of public legislation ..........................................................................3
1.2.1
The legal framework in the Czech republic / The legal planning procedure .......3
1.2.2
The legal framework in Germany / The legal planning procedure ......................9
1.2.3
A comparison: The legal framework in Germany and the Czech republic ........12
1.2.4
International experiences from other projects ..................................................13
1.2.5
Recommendations concerning the framework of public legislation ..................15

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 3
Task 1
Adjustment of the national (german/tschech)
Guidelines and Standards in correlation of the european
Technical Specifications for Railwayinfrastruktur
Subtask 1.2
The framework of public legislation
1.2 Einführung
The task of this work package was to identify the risks and opportunities concerning the
planning steps resulting from the respective national legislation. Therefore a working group
has been implemented consisting of:
x
Mr. Michal Babiþ
(MotMD)
x
Mr. Thomas Blankenhagel (SMWA)
x
Mr. Matthias Gather
(FH-Erfurt)
x
Ms. Katerina Hladka
(SUDOP)
x
Mr. Jan Ilík
(MOT CZ)
x
Mr. Stefan Potoþnak
(HHP)
x
Mr. Jan Šulc
(SŽDC)
The working group met in four personal meetings between February and September 2015 in
Dresden and Prague
x
to identify and present the respective national legislation,
x
to understand the differences and commonalities,
x
to explore good international practices and
x
to discuss and give recommendations for this international project.
The work resulted in several presentations and reports which are published in the
attachment. The following chapters condense these to ten pages to allow a brief overview of
the main results.
1.2.1 The legal framework in the Czech republic / The legal planning procedure
The legal planning procedures in the Czech republic are structured in a “Pre-investment
period” starting from the first pre-feasibility study and ending with the regional assessment,
and a subsequent “Investment period” ending with the building permission. All in all the legal
planning steps and the respective responsibilities in the Czech republic can be summarised
as follows:
1. The beginning of each project is a pre-feasibility-study undertaken by the Czech rail-
infrastructure company SZDC in cooperation with the Ministry of Transport (MoT). The

image
image
image
image
image
image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 4
aim of this rather technical work is the identification of operational opportunities, possible
corridors (finding “all” possible variants) and possible technical risks. This step identifies
internally possible infrastructure measures worth further investigation. At the end of this
process there will be several possibilities identified and investigated by spatial, technical
and/or economic studies.
2. The feasibility study is undertaken by the inframanager SZDC in cooperation with the
MoT. Its aim is (1) to assess the general value of the proposal and (2) to identify the best
routing of the railway-line with regard to capacity, costs, and environmental and spatial
impacts.
It therefore integrates a cost-benefit-analysis and a basic environmental assessment
(below SEA or EIA). In case of general approval of the investment the best option/variant
is chosen by the central commission (representatives of MoT, SZDC, State Infrastructure
Fund) and will be part of the transport policy (“Dopravni politika pro období”) resp. the
transport strategy (“Dopravní sektorové strategie”) of the national government.
Pre-
feasibility
• Spatial, technical and economic studies
• Identification of technical options
• Identification of possible corridors
Feasibility
• Cost-benefit-analysis and environm. assessm.
• Identifcation of the best line
• General approval of investment
Regional
Assessment
• SEA and public participation
• Inclusion of infrastructure in regional plans
• Approval of investment (MoT)
Local
Assessment
• Adaptation of local plans with EIA
• Identification of necessary land
• Land use permit
Building
permission
• Acquisition of necessary land
• "Documentation for construction permission"
• Building permission
Railway Authority/
Local Authorities /
Other authorities
SZDC / MoT
SZDC / MoT
Regional Authority
(„Kraj“)
Local Authorities

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 5
3. Subsequently the MoT (only in the case of new high-speed lines, SZDC in the case of
other railway lines) applies for a protection of the railway-line/corridor in the regional
spatial plan (”zásady územního rozvoje”) and the planning is handed over to the regions.
The regional authority then implements the line in the respective regional spatial plan
(updated in a cycle of four years). The whole document (regional spatial plan) is
consulted by the public and needs SEA for approval in the responsibility of the regional
authority. The regional authority will decide on this basis on an adaptation of the
respective regional plan.
The corridor henceforth will be secured and privileged against other regional planning
proposals either as “spatial reserve” (for long term projects which are not specified
enough but need a protection) or as “proposal”. Only in case of a “proposal” a project is
matched as a project of public interest and gives the right to continue with its further
development/preparation. At the end of this phase the MoT has again to approve the
general investment.
4. If the line is part of the respective regional plan, the local area plans have to be adopted
by the local authorities. Subsequently the constructor has to state in detail all territory
necessary for the infrastructure. This is to be done in a two steps process:
x
Firstly in the case of a "proposal" (on the level of regional spatial plan) SZDC
launches a “Documentation for spatial decision” (”dokumentace pro územní
rozhodnutí”) which describes all land needed for a construction and includes full EIA
with public participation. This process finishes with a permission to localize the
project where all plats of land and conditions for further preparation and realisation
of a particular project are defined. On the basis of this compilation for all affected
local authorities a single land use permit (”územní rozhodnutí”) will be issued by one
responsible community, where all land to be acquired including the exchange of
premises is prescribed. In case of a strong public interest (as for “proposals”) these
land use permits are the legal basis for the possibility to expropriate of land owners.
x
Secondly (only in the case of publicly financed projects) an “Investment/project plan”
(investiþní zámČr) has to be prepared as a specific preparatory step. The aim is to
provide a detailed technical documentation, which can be used for more detailed
alignment of a protected corridor within local spatial plans.
5. Only after the acquisition of all necessary land by the constructor (SZDC) the further step
can be done – the preparation of the documentation for construction permission
(”dokumentace pro stavební povolení”) with its building permission at the end. This
permission has to be given by different bodies seperately:
x
By the Railway Authority for the operational permission of the infrastructure
x
separately by each affected local authority as a general building permission

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 6
x
by other public authorities, if their realm is affected (e.g. waste diposal sites,
groundwater resources, natural heritage, immissions etc.).
In case of dissent between concerned parties the higher authority (MoT) has finally to
decide on the building permission. This decision will be ultimate.
Environmental legislation
The assessment of environmental impacts (EIA) concerning the planning procedures in
the Czech republic is mostly regulated according to law 100/2001, which again
orientates on the respective European guidelines. The contents and the process of the
EIA are therefore identical with German legislation.
The basic steps in the assessment under the Act include drafting the notification,
conducting a fact-finding procedure, evaluation of the proposed concept for preparation
and publication of the final opinion. A final assessment is necessary for the approval of
the concept. Part of the assessment process is adequate involvement of the public,
which includes the disclosure of information and documents, submission of comments
and a public hearing. The following is a general assessment of the Intent’s impact on the
environment and public health.
The subject of assessment (EIA process) under Act No.100 / 2001 Coll., as amended,
are projects listed in Annex No. 1 hereto. The Intent for the new railway line Prague
Dresden in the territory of the Czech Republic can be classified as Category I, Intent 9.
In this case the competent authority is the Ministry of the Environment in charge of the
Environmental Impact Assessment. The proposed Intent will be subjected to an inter-
state assessment during the assessment of the concept (SEA process) and the Intent
(EIA) according to 14a of Act No. 100/2001 Coll., as amended. Without an assessment
the concept cannot be approved.
The subject of the strategic environmental impact assessment (SEA) under Act No.
183/2006 Coll. on Zoning planning and the Building Code (Construction Act) is the
regional plan. The assessment of the regional plan is designed to reflect the various
steps and stages of the preparation of the regional plan. Thia SEA process includes
public participation. The competent authority for assessment of the regional plan is the
Ministry of the Environment.
Subsequently for the adaptation of the local plan the local authorities have to refer to the
regional authority. On the basis of the criteria listed in Annex No. 8 (criteria for the fact-
finding procedure) according to Act No. 183/2006 Coll. the regional authority stipulates
the requirement for environmental impact assessment. In case that the local plan does
not include projects listed in Annex No. 1 Act No.100 / 2001 Coll. the Regional Authority
issues the fact that the Local plan is not subject to SEA.

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 7
Vice versa the Regional Authority isseues the fact-finding procedure with the request of
processing a SEA. This SEA process again includes public participation. The competent
authority for the assessment of local plans is the regional authority.
Waste disposal
Wastes Act No. 185/2001 Coll., as amended ("Wastes Act") incorporates the relevant
regulations of the European Communities. Under Section 2(1)(j) of this Act soils and
other natural materials excavated during construction activities are excluded from the
scope of the Waste Act only if the owner proves that they will be used in their natural
state at the construction site and their use will not harm or endanger the environment or
human health.
Rocks and soil used for reclamation and landscaping must satisfy the conditions for the
use of waste on the surface, which are set out in Section 12 and in Annex No. 11 to
Decree of the Ministry of the Environment of the Czech Republic No. 294/2005 Coll., on
conditions of waste in landfills and their use on the ground surface, amending Decree
No. 383/2001 Coll., on details of waste management.
In the case of this proposal it may be assumed that transboundary shipments of waste
will take place, which must be reported as prescribed by the European Communities on
waste shipments
1
. On receipt of such a report the Ministry of the Environment of the
Czech Republic decides to grant consent for waste shipment.
It is also worth noting that under the Wastes Act the Ministry of the Environment applies
its assessment on the issues of waste management.
2
Subsequently, in the phase of
approval or update of the Territorial Development Policy the competent regional authority
applies a similar assessment.
3
During the territorial and building procedure the authority
which gives its assessment in terms of waste management is the municipality with
extended powers (ternary municipal council).
4
Land acquisition and expropriation
The right for land acquisition and expropriation is legally based on several important
preconditions:
1. The planned investment has to be classified as a “proposal” by the regional authority
in their regional plan. Only in case of a “proposal” a project is matched as a project
of higher public interest and gives the right to continue with a priviledged planning.
1
Regulation of the European Parliament and of the Council (EC) No 1013/2006 of 14 June 2006 on shipments of waste.
2
Section 72(1)(s) of the Wastes Act.
3
Section 78(2)(v) of the Wastes Act.
4
Section 79(4) of the Wastes Act.

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 8
2. The constructor has to state in detail all territory necessary for the infrastructure and
to hand it over to the local authorities.
3. By the local authorities the planned investment has to be classified as a “building of
common interest” in their land use permits.
If all these steps are fulfilled the legal basis for land acquisition and expropriation is laid.
However, there are many ways to intervene for land owners before court, which can lead
to severe delays or interruptions during the planning process.
In Czech Republic the expropriation is provided on the basis of separate expropriation
proceedings before “Expropriation authority”. The Expropriation authority will issue a
separate decision on the expropriation.
Mining
Act No. 44/1988 Coll. (Mining Act) covers the protection and rational use of mineral
resources. This Act also transposes relevant EU regulations.
Implementation of the propopsal extends into a Protected Deposit Territory (PDT),
reserve deposits and mining areas. Construction activities unrelated to the mining of the
exclusive deposit in a PDT reserve mineral is restricted within the meaning of Section 18
of Act No. 44/1988 Coll., as amended. In a PDT it is only possible to create constructions
and facilities unrelated to the exploitation of an exclusive deposit with the binding
assessment of a regional authority with delegated powers. The regional authority may
agree to the implementation of construction and equipment after discussion with the
district mining office (DMO), unless it makes more difficult or makes it impossible to mine
a reserved deposit or construction in particularly warranted cases (Section 19 of the
Mining Act).
In the case of crossing with an exclusive deposit it is necessary to proceed according to
Section14a of the Mining Act (depreciation of reserved deposits). Depreciation of
reserved deposits means exempting them from the reserve records or their transfer from
balance-sheet reserves to off-balance sheet reserves.
It is only possible to erect a building or facility unrelated to the mining of an exclusive
deposit in a Protected Deposit Territory in a manner that causes the least disruption in
the utilization of mineral resources, and in the case of coal if a building of particular
importance is concerned. The location of the construction is decide by the Railway
Authority in its capacity of construction department on the basis of a binding assessment
issued by the regional authority with delegated powers, after consultation with the district
mining office. The applicant for the zoning decision procures the binding assessment (Cf.
Section 18 and Section 19 of the Mining Act).

image
image
image
image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 9
1.2.2 The legal framework in Germany / The legal planning procedure
The public planning procedures in the Germany can be structured in a “National Transport
Planning” period with first pre-feasibility studies, a subsequent “regional assessment period”
and ending with the building permission. All in all the legal planning steps and the respective
responsibilities in Germany can be summarised as follows:
1. The registration of a proposal for the national transport infrastructure plan
(„Bundesverkehrswegeplan“) is necessary to place it in the national budgets. For rail
infrastructures this registration can be undertaken by the infrastructure manager DB Netz
AG and by the states („Länder”), but also by NGOs.
2. The subsequent assessment of all registered proposals follows a standardised
procedure for assessing the external costs and benefits and defining the societal
profitability and prioritising the single investment in the national transport plan. This
assessment is undertaken by the national ministry of transport as part of the
government.
3. On the basis of a governmental resolution of the national transport plan the German
parliament will pass a “railway infrastructure investment act”, which comprises all
selected rail investments, provides the respective budget and defines an unlimited order
for further planning.
4. According to national and state legislation a regional planning procedure
(„Raumordnungsverfahren”) has to be undertaken for railway infrastructures. The
responsibility for this formal procedure lies with the state os Saxony. Neighbouring and
international countries have to be involved if affected.
National
transport plan
• Registration for the national transport plan
• Assessment incl. SEA in course of the national transport plan
• Decision of the respective national legislation
Regional
assessment
• Regional Assessment with EIA and public participation
• Definition of the lineage by the national MoT
Building
permission
• Integrated building permission with EIA and public
participation by the National rail authority

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 10
5. On the basis of the above mentioned regional planning procedure the definition of the
alignment will be made by the German Ministry of transport. However, the Federal
Ministry is free to deviate from the regional decision, but this confict will be part of the
subsequent planning approval procedure.
6. According to German railway and planning legislation the official approval the planned
infrastructure will be made in one single planning approval procedures
(„Planfeststellungsverfahren“). This procedure lies with the German Railway Authority
and comprises a formal environmental impact assessment with public participation,
where all affected parties – be it public or private – are asked to bring forward their
concerns. In this procedure all conflicting interests have to be regarded and in a final
decision all single environmental, technical and proprietary rights and permissions will be
ultimately provided.
In course of the regional planning as well as during the subsequent planning approval
procedures participation of other public bodies and the general public is compulsory.
Environmental legislation
The regulations concerning the environmental aspects during the planning process are
stipulated in the German law on Environmental impact assessment (Gesetz über die
Umweltverträglichkeitsprüfung – UVPG), which as a national act is again follows the
respective European guidelines.
According to art. 2 UVPG the Environmental impact assessment (EIA) comprises
identification, description and assessment of a project's effects on
1. human beings, animals and plants,
2. soil, water, air, climate and landscape, including the individual interaction that may
occur,
3. cultural goods and other material assets.
Furthermore the environmental impact assessment represents an integral part of
procedures applied by authorities when deciding upon the approval of projects. An EIA
will be applied on the strategic level of the national transport infrastructure planning
(strategic environmental impact assessment – SEA) as well as in course of the
respective regional planning and subsequent planning approval procedures (project
EIA).
According to art. 9 UVPG the competent authority shall hear the public on the project's
environmental impacts on the basis of the documents presented pursuant to Article 6,
i.e. an opportunity being given for the public to express its opinion. If a project might
have significant environmental effects in another member state of the European
Communities, the authorities determined by the member state shall be informed of the

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 11
project at the same time and to the same extent as the national authorities (art. 8
UVPG). This also includes the right for public participation (§9a UVPG).
Waste regulations
According to the National act on waste management (Bundesabfallgesetz) tunnel-
excavation material has to be treated as waste. Disposal of such masses therefore falls
under the legal regulations of waste management resp. immission control.
Disposal of excess material in landfill sites requires an approval procedure according to
art. 10 federal immission control act (“Bundesimmissionsschutzgesetz”) and a previous
regional planning procedure according to art. 15 national planning act
(“Raumordnungsgesetz”).
If several autonomous legal licensing procedures, which require a planning approval
procedure (“Planfeststellungsverfahren”), fall together in such a way, that only a joint and
integrative decision is possible, for all these different proposals a single planning
approval procedure will take place (§ 78 Act on Administrative Procedures
(Verwaltungsverfahrensgesetz)). In Germany the disposal or treatment of excess
material in landfill sites therefore will not require an independent approval procedure, but
will be handled in course of the general approval of the rail infrastructure.
Land acquisition and property righhts
The appraisal and consideration of affected private property is part of the planning
approval procedure (“Planfeststellungsverfahren”). After this consideration land owners
can be expropriated for the purposes of the construction or extension of railway
infrastructures if necessary for the realisation of a publicly authorised project. A further
consideration of the right for expropriation is not necessary (art. 22 General railway act –
AEG).
Furthermore the property can even be delivered earlier by the expropriation board to the
project executing agency, if the immediate begin of the building works is necessary the
landowner refuses to hand over the property by agreement without prejudice to claims
for compensation (art. 21 AEG).
Mining law
If landed property has to be used for the purposes of the exploration or extraction of
natural resources, restricted areas can be allocated by the state government as long as
the use of the mining material is necessary for meeting the needs of the general public.
(Bundesberggesetz (BBergG) § 107). Respective privileged areas are marked in the
spatial plans of Saxony on a state and regional level.

image
image
image
image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 12
The appraisal and consideration of such affected mining property rights is part of the
regional planning procedure (“Raumordnungsverfahren”) as well as the subsequent
planning approval procedure (“Planfeststellungsverfahren”), where the legal basis for the
claims for compensation according to the mining legislation will be laid.
If thus the preconditions for an allocation of privileged mining areas were removed, the
respective areas have to be abrogated by statutory regulation.
1.2.3 A comparison: The legal framework in Germany and the Czech republic
A translation of the legal planning procedures in Germany and the Czech republic is shown
in the following digram:
The first phase is concerned with the general decision of the national government on the
investment of the railway infrastructure. In both countries this decision is based on feasibility
studies and a thorough standardised cost-benefit-analysis including a first resp. strategic
environmental assessment.
The second phase is concerned with the definition and protection of the best corridor/line for
the new railway. In Germany this is task of the “Länder” (here Saxony), in the Czech republic
task of the “kraj” (here Usteckij kraj).

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 13
In both countries the alignment of the railway line has to be done with an EIA under public
participation. Again at the end of this steps the national ministries of transport will decide on
the next planning steps.
The third phase is to provide the final buliding permission. Here the biggest differences
between the countries exist: Whereas in Germany the building permsission is given in one
single – though spatially divided – legal procedure (“Planfeststellungsverfahren”) by one
single authoritiy (“Eisenbahnbundesamt”), in the Czech republic the building permission has
to be given separately by the Rail Autority and each affected local authority, and additional
permissions (e.g. waste disposal, nature protection) are still requested.
Concerning the right for land acquisition and expropriation both countries provide such
possibilities. In Germany such rights are set in course ot the “Planfeststellungsverfahren”, in
the Czech republic the land use permit of the local authorities create such conditions, but
land acquisition is a precondition for the local buidling permissions.
1.2.4 International experiences from other projects
To gather some international experiences with the erection of transnational rail-infratructure
TEN-projects two examples were briefly analysed:
1. The
Brenner-Basis-Tunnel (BBT)
is an international project between Austria and Italy.
It comprises the construction of a 58 km long flat trajectory tunnel plus the necessary
feeding connections in both countries. Accordung to the Austrian ministry of transport the
first crucial step for a future success of the entire project was an unanimous commitment
of both countries for the proposal and the contract of an international treaty, which had
been signed in 2004.
Contents of this treaty were:
x
Description of futher planning steps and duties
x
Division of costs, in a first instance only for the planning period with an outlook for
the construction period
x
Liabilities concerning planning legislation, warranties and mainantance
x
Appointment of a joint interstate committee
After this the BBT SE was founded, a society according to European law, held to each
50% by ÖBB and RAI. The duties of this company are the financing (at the moment
supposed to equal parts of 30% plus 40% of European money), the planning and
construction as well as the operation of the tunnel after putting into service in 2024.
Planning legislation differs between Austria and Italy as much as between all European
countries. All planning processes therefore had to follow the respective national

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 14
regulations, but as the border is tunneled the main spatial problems of routing and
environmental impacts are not transboundary and could be solved nationally.
The approval of railway operation will have to follow European legislation as well as the
national regulations. Whether the railway in the tunnel will be operated under Austrian or
Italian regulations is not decided yet.
2.
The
Fast-Fermen-Belt crossing (FFB)
is an international project between Denmark and
Germany. It consits of a 18 km long seawater-tunnel for road and rail plus the necessary
feeding connections in both countries. The respective interstate agreement was signed
in 2008.
Contents of this treaty are:
x
Financing (all DK)
x
Description of Infrastructure incl. hinterland connections
x
Responsible body
x
Planning steps and duties
x
Appointment of a joint committee
As responsible body Femern A/S was founded, a society according to Danish law, held
to 100% by the state of Denmark. The duties of this company are in the first instance the
planning and construction; the operation of the tunnel and the rail Infrastructure after
opening similar to other Danish Examples is planned.
All planning processes had to follow resp. follow the national regulations. In Denmark the
building permission issued by the National parliament (“folketing”) has already been
achieved, in Germany the “Planfeststellungsverfahren” is still ongoing. Concerning the
further hinterland connection (“Fehmarnsund”-crossing) even the lineage and the
regional planning and environmental impact assessment are still open.
As the tunnel will be Danish, the railway will be operated under Danish regulations, but
nevertheless the approval of railway operation will have to follow European legislation as
well as the national regulations.
3. Among the Czech-German joint infrastructure projects the
connection of the Czech D5
motorway and the German A6 motorway
can be mentioned. The transborder
connection was provided through a motorway bridge, which was put into operation in
1997. In 1995, the Czech Repulic and Germany concluded an interstate agreement on
construction of this border bridge. The agreement provided
x
the specification of the state whose rules and construction laws will be binding in the
preparation (in this case German laws have been applied),
x
the division of liabilities concerning construction of the bridge (Germany),
x
its maintenance and renovation,

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 15
x
payment terms arrangements
and it also established a joint interstate committee, that should submit its
recommendations on issues related to the border bridge construction. A very similar
agreement was conclded also in relation to another motorway border conncetion
between the Czech Republic and Germany – the border bridge connecting the Czech D8
motorway and the German A17 motorway.
Unlike in case of the Brenner-Basis-Tunnel or Fast-Fermen-Belt crossing, in neither of
these two Czech-German infrastructure projects a separate, newly founded joint entity
was established.
1.2.5 Recommendations concerning the framework of public legislation
There are as many similarities as differences between the legal planning steps in the Czech
republic and in Germany. In general the further planning procedure for the international HSR-
link will have to regard and follow the respective national legislation. However, if possible the
planning steps should be harmonised and synchronised as much as possible. Threfore the
following steps and milestones can be recommended:
1. The
decision on investment
in both countries is the next major milestone to continue
with the work and to take up all further planning steps. This decision has to be done by
the national governments in both countries on the basis of CBAs and EIA/SEA: In CZ the
decision on investment lies with the MoT, in DE the decision is prepared by the MoT but
finally has to be undertaken by the German Bundestag. The production of the necessary
documents, the exploration of possible European funding, dissemination and lobbying
should be done by the existing working group.
2. After this general decision on the HSR Dresden-Prague in both countries an
international agreement
on financing, responsible bodies and duties, integration of the
proposal in the national transport networks and the further planning steps should be set
up by the National governments.
3. International examples show that in course of this treaty also an
interstate planning
board
should be implemented to harmonise and coordinate the subsequent planning
steps until putting into operation. Members of this joint plannig board should be
governmental representatives as well as the national rail infrastructure companies.
4. The subsequent
regional planning procedures
lie in both countries with the regional
bodies and are undertaken with SEA/EIA under (transnational) public participation. The
preparation of the necessary planning documents should be coordinated by the
interstate planning board, the public participation should in any case happen
simultaneously to avoid prejudices or contradictions.

image
Preliminary Planning Study
New Railway Line Dresden-Prague
Task 1.2 Planning Process
Page 16
5. The procedures and preconditions for
building permission
are rather different in both
countries. As the building permission procedure will be strongly influenced by the
precised proposal and as there might be furthermore legal amendments in the Czech
republic in the next years it seems not advisable to give further recommendations at the
moment. However, in both countries there is a final EIA with public participation which
must take place simultaneously in case of a joint building permission.