EMISSION CONTROLS OF ROAD MOTOR VEHICLES

(Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic No. 90/2003 Coll. on Emission Controls of Road Motor Vehicles)

The Act No. 478/2002 Coll. on Air Protection and supplementing the Act No. 401/1998 Coll. on Fees for Air Pollution, as amended (the ``Air Act'') in its Section 41(2) has authorised on the Ministry of Transport, Posts and Telecommunications of the Slovak Republic (the ``Ministry of Transport'') to issue an implementary regulation by which it will stipulate emission limits for mobile sources, periods and details of their verification, conditions of granting, amendment, prolongation, cancellation and expiration of authorisations of the legal entities and individuals for the detection of the quantity of released pollutants from mobile sources. The Decree of the Ministry of Transport No. 265/1996 Coll. on Emission Controls of Road Motor Vehicles, as amended was such implementary regulation in respect of the Air Act.

This new Decree on Emission Controls has fully repealed and substituted the previous implementary regulation.

As compared to the previous regulation, definitions of certain terms have been amended and new specimens of forms used in connection with emission controls (protocol on emission control, certificate of emission control, etc.) have been issued.

A mobile source shall, for the purposes of this decree, mean a road motor vehicle of the class M1, M2, M3, N1, N2, N3, L, T, S and R recorded in the register of vehicles under the Act No. 315/1996 Coll. on Traffic on Road Communications.

A vehicle operator shall, for the purposes of this decree, mean a person authorised to decide on the use of the vehicle or a person registered in the documents of the vehicle as its holder.

The period of emission control of the vehicle with a diesel engine is identical as the period of control of technical conditions of the vehicle under Section 2(1) of the Decree No. 327/1997 Coll. on Controls of Technical Condition of Vehicles. The period of emission control of the vehicle with a petrol engine not having an advanced emission system shall be 12 months after its first registration and then each 12 months.

An emission control may be performed only by an individual or legal entity which has a valid licence granted by the Ministry of Transport for a particular emission system, type of driving mechanism and class of the vehicle (the ``licensed person'') at the workplace of emission control specified in the licence. The licensed person may perform emission controls only through an individual having a valid certificate of the professional qualification (the ``certificate'') granted by the Ministry of Transport for a particular emission system and type of driving mechanism, if the licensed person itself is not such person.

The licence and also the certificate for performance of emission control granted by the Ministry of Transport is valid for a period of five years after it has been granted.

The decree further regulates details of requirements for obtaining of a licence and certificate for the performance of emission control, cases of expiration of the licence and certificate, as well as technical and material conditions for the performance of emission control.

Pursuant to temporary provisions of this decree, licences and certificates issued under the previous regulations shall be valid until the date specified therein.

A motor vehicle with a diesel engine registered for the first time in the above mentioned period shall be, from the effective date of this decree, subject to the first verification of fulfilment of emission limits. If such period elapsed, the motor vehicle with the diesel engine would be subject to the first verification of fulfilment of emission limits no later than on 30 June 2003, provided the vehicle was registered for the first time from 1 January 1990.

This decree came into force on 1 April 2003.

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