Commission Report 2002 (Slovakia)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 22: Environment

Progress since the last Regular Report

Since the last Regular Report, Slovakia has made good legislative progress through the adoption of important national laws, in particular in the areas of air, water and nature protection, and has strengthened its administrative capacity to implement and enforce the environmental acquis.

With regard to the integration of the environment into other policies and the promotion of sustainable development, the Slovak Government approved in November 2001 the Draft Measures to Secure the Implementation of the Aarhus Convention. A National Strategy for Sustainable Development was approved by the Parliament in April 2002.

In the field of horizontal legislation, in January 2002, a documentation centre for environmental impact assessments (EIA) was established at the Slovak Environmental Agency in Banska Bystrica, and at its seven regional agencies.

As regards air quality, some progress can be reported. The Air Protection Act, which transposes the Air Framework Directive, was adopted in July 2002. It sets air quality targets, the responsibilities of state administration authorities and municipalities for air protection, and the penalties for breaching the obligations in this field. The new law transposes the waste incineration directive and partially transposes the requirements on large combustion plants. The Kyoto Protocol was approved by the Parliament in March 2002.

In the area of waste management, in February 2002 the Ministry of the Environment issued an Order laying down uniform methods for the analytical inspection of waste. In February 2002, the Government approved the Waste Management Programme of the Slovak Republic until 2005. In August 2002, the Parliament adopted the Act on Packaging, which transposes the Packaging and Packaging Waste Directives. The Act will enter into force in January 2003, with the exception of the provisions concerning heavy metals content of packaging, which will enter into force in January 2006.

In the field of water quality, good progress has been made with the entry into force, in June 2002, of the Water Act, which transposes individual water directives, but does not fully transpose the Water Framework directive. A national register of permits and wastewater discharges is being prepared. The Act on the Protection of People's Health entered into force in January 2002 and its implementing decrees on the requirements for bathing water and the quality control of bathing water in swimming pools, and on the requirements for drinking water and the quality control of drinking water, have already been adopted. They transpose the Directive on the quality of water intended for human consumption and the Directive on the quality of bathing water.

As regards water management, the ownership of water and wastewater utilities has been transferred to municipalities. However, no transfer of staff from the Ministry of Agriculture to the new companies is envisaged. The Regulatory Office for Network Sectors (URSO) will oversee the deregulation of tariffs and subsequently be responsible for regulating prices and benefits. URSO will publish the tariffs for water and wastewater during 2002, based on the price cap regulation methodology. The Act on Public Water Supply and Sewage entered into force in July 2002 and partly transposes the Urban Waste Water Directive. In April 2002, the Government approved the 2nd edition of the Report on the General Plan for the Protection and Rational Use of Waters which will be used as a support document in the decision-making process on water management.

In the field of nature protection, good progress has been achieved, via the transposition of the acquis on trade in endangered species with the entry into force in July 2002 of the Act on Trade in Endangered Species of Wild Fauna and Flora. The Nature and Landscape Protection Act has been adopted and will enter into force at the beginning of 2003. It should fully transpose the Birds and Habitats directives.

As regards industrial pollution control and risk management, some progress has been achieved in the alignment of legislation. The Act on the Prevention of Major Industrial Accidents which transposes the Directive on the control of major-accident hazards involving dangerous substances (Seveso II) entered into force in July 2002. The Act on Environmental Labelling of Products, which transposes the revised Community Eco-label Award scheme into the Slovak Republic's legal system has been adopted by the Parliament and will enter into force in January 2003. The Act on an Environmentally Oriented Management and Audit System concerning the voluntary participation of organisations in the Community eco-management and audit scheme (EMAS) has also been adopted by the Parliament and will enter into force in January 2003.

In the field of genetically modified organisms and chemicals, progress has been made with the entry into force of the Act on the Use of Genetic Technologies and on Genetically Modified Organisms in April 2002 and of its implementing provisions in June 2002.

As regards noise, there has been good progress. The requirements on limiting noise emissions by equipment used outdoors, and by household appliances, have been transposed by government regulations.

In the field of nuclear safety and radiation protection, (see also Chapter 14 - Energy), the acquis has been transposed completely with the entry into force of an amendment to the law on the protection of human health, which entered into force in January 2002.

Slovakia has carried out a range of actions to develop its administrative capacity in the field of the environment. A number of tasks have been devolved to municipalities and regional self-governments as part of the overall decentralisation process approved in 2001. Competencies in the field of environmental protection, especially forestry protection, were transferred from district offices to municipalities in January 2001.Expansion of staffing levels for environmental institutions paid from the state budget with 199 people for 2002 was approved.

Slovakia has a comprehensive, permitting system, but complex in particular for waste management. Integrated permits have not yet been introduced. In June 2002, Slovakia appointed the Slovak Environmental Inspectorate (SEI) as the permitting body for IPPC. The SEI continues to be the main body responsible for enforcement. A reasonable comprehensive monitoring system with the involvement of mainly the SEI, Slovak Hydrometereological Institute and contract laboratories, is in place.

Overall assessment

Due to significant legislative progress over the last year, Slovakia has achieved considerable alignment with the EC environmental acquis. However, it still needs to complete transposition, most urgently in the field of industrial pollution, in particular for the Solvents Directive and the IPPC Directive. Close attention should be paid to the implementation of the acquis with regard to waste management (drafting of management plans, upgrading of landfills, strengthening of administrative capacity), water quality (designation of vulnerable zones under the nitrate acquis, permits for discharges of dangerous substances), and industrial pollution control (issuing of integrated permits).

The principle of integration requires continuous attention both at national and at Community level. Slovakia needs to continue integrating environmental protection requirements into the definition and implementation of all other sectoral policies so as to promote sustainable development.

Slovakia's administrative capacity to implement the EC environmental acquis still requires close attention. Slovakia's administrative structure in the field of the environment is based on a four-tier system of national authorities, the environmental departments of eight regional offices (REDs) and 79 district offices (DEDs) and municipalities. Decentralisation of the state administration with more self-government for regions and municipalities is foreseen, entailing the transfer of some competencies on water and waste management and nature and landscape protection to municipalities from REDs and DEDs. Efforts to increase the staff for institutions financed from the state budget are welcome and need to be sustained into the future. The general administrative structure appears fragmented, requiring improved co-ordination between different ministries and bodies, especially between national and sub-national institutions. In the field of water, sufficient staff needs to be provided at the municipal level for the new tasks arising from the new Water Act. A system to inform the general public of non-conformity with the Drinking Water Directive should be put in place.

As regards the issuing of permits, Slovakia's permitting system, at present is media-based with separate permitting for different sectors. The Directive on Integrated Pollution Prevention and Control has not been transposed although in June 2002, the permitting body for IPPC was assigned to the Slovak Environmental Inspectorate. Urgent action is required to ensure implementation by accession as regards ``new'' installations (transposition as scheduled by end 2002, appointment of the competent authorities for permitting and inspection, training of staff and preparation of industry for permit applications, including translation of the ``Best Available Techniques'' reference documents).

As regards planning, capacity needs to be strengthened in particular as regards waste management (a comprehensive waste management plan still needs to be drawn up) and water pollution (preparation of the reduction programmes for List II substances of the Dangerous Substances Directives). Within the current Slovak system, monitoring and inspection are already carried out for the individual environmental sectors. The Environmental Inspectorate has currently a staff of 158 people.

The number of inspections, and monitoring capacity should be increased, in particular in the area of waste (for closed landfills, landfills to be closed, and the new landfills to be opened, waste incinerators, and dangerous waste handling and transport). As regards enforcement, Slovakia has a system of environmental fines imposed by the relevant authorities. However, the enforcement mechanism needs to be further improved.

Considerable investments need to be secured, also in the medium-term, to ensure the implementation of the environment acquis.

Conclusion

In its 1997 Opinion, the Commission concluded that a considerable effort had been made to establish environmental legislation compatible with Community law and that, if Slovakia continued in its legislative programme, full transposition of the acquis could be achieved in the medium term. On the other hand, effective compliance with a number of pieces of legislation requiring a sustained high level of investment and considerable administrative effort could be achieved only in the long to very long term.

Since the Opinion, Slovakia has achieved considerable progress in aligning with the EC environmental acquis, and has progressed in developing the necessary administrative capacity to implement the acquis in this area. Slovakia has recently significantly increased environmental investments.

Negotiations on the chapter have been provisionally closed. Slovakia has been granted transitional arrangements with regard to VOC emissions from storage of petrol (until 31 December 2007), packaging waste, (until 31 December 2007), urban waste water treatment (until 31 December 2015), discharge of certain dangerous substances (until 31 December 2006), large combustion plants (until 31 December 2010), incineration of waste (until 31 December 2006), and IPPC ``existing'' installations (until 31 December 2011). Slovakia is generally meeting the commitments it has made in the context of the accession negotiations.

In order to complete preparations for membership, Slovakia's efforts now need to focus on finalising transposition, in particular as regards Integrated Pollution Prevention and Control (IPPC) and on implementation, notably with respect to the acquis on discharge of dangerous substances, on strengthening permitting capacity (IPPC, waste) and on the preparation of the pollution reduction programmes for waters.

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