COUNTRY REPORTS * SLOVAK REPUBLIC
In the second chapter of the constitution (Basic human rights and liberties), a special division is included (right related to environmental protection and cultural heritage), under which:
The economy of the Slovak Republic is established on the principles of a socially and ecologically directed market economy. This principle is explicitly declared in Article 55 of the constitution.
The constitution only creates the framework or the starting point of legal regulation in the environmental field. It is anchored in specific acts, for example with respect to water, air, nature protection etc.; and also the more general act with respect to the environment No 17/1992. The basic principles of environmental protection are included in these acts; for example the responsibility of the polluter, the prevention of damage, the control of pollution at its source, etc.
The principles of "prevention of pollution" and "sustainable development" are generally expressed in Act No 17/1992, and concretely prescribed in specific acts - on water, nature protection, etc.
The principle of "integration of environmental issues into other policies" can be found in ¤ 35 of Act No. 127/1994 with respect to Environmental Impact Assessment: any proposal for a basic concept (policy) - especially in the areas of energy supply, mining, industry, transport, agriculture, forestry and water management, waste management and tourism - must contain an evaluation from the point of view of its presumed impact on the environment, and if necessary, also a proposal for measures to eliminate or reduce any adverse impact.
Environmental protection is not only the responsibility of the Ministry of the Environment, but also of other departments (see the Introduction). The philosophy of the Ministry of the Environment is in the process of being gradually transplanted into the concepts of other ministries.
At constitutional level, there have been no claims to the Constitutional Court in the last three years (since the establishment of the Slovak Republic) concerning the violation of environmental articles within the constitution.
The application of the constitution requires a number of special acts, which have not all been approved at the moment.
With the exception of the "polluter pays" principle and individual permitting of polluting activities, which were previously present in Slovak environmental law, most fields have been regulated since 1990, or regulation is currently being prepared.
The State Fund for the Environment is governed by Act No. 128/1991. Another important act is Act No. 127/1994 with respect to Environmental Impact Assessment, which after one year in effect is producing good results.
At the present time an act is being prepared with respect to free access to environmental information (see point 2.3.), while analysis is beginning to provide the necessary base for the introduction of a National System for Eco-Labeling of products, which is planned for submission to the government before the end of 1995.
In areas covered by the legislation there are no special problems with enforcement.
The polluter is defined as the individual or organization which carries pollutants to some part of the environment (for example waste waters to a river, pollution into the air or waste into a landfill).
The obligatory standards for polluters are determined in individual laws. There are both emission and ambient standards determined. The system of pollution charges is an important part of Slovak environmental legislation. Polluters pay these charges for waste water discharge, for pollution discharge into the air and for waste deposited into a landfill.
If the pollution caused by the polluter is in harmony with standards set down by the law, he has to pay charges for this "legal pollution" in compliance with the above-mentioned specific acts. Such charges are not sanctions. For better understanding, we can say that the principle of environmental charges is similar to that of environmental taxes.
There is a clear distinction between charges and fines. Fines are paid as a sanction in cases where the law has been violated.
Part of these charges is allocated to the special State Fund for the Environment, and part of the charges goes to the communal budget where the environment has been polluted. These resources may be used only for the protection of the environment in the community, or as a grant from the Environmental Fund to a polluter to assist implementation of measures necessary for reducing pollution.
The resources allocated from pollution charges only cover part of the polluter's costs.
The object of the assessments under Act No. 127/1994:
All activities are assessed which are listed in annex I, and the majority of projects which are listed in annex II of the Directive. Proposals for developmental concepts in the energy field, mining, water management, etc. are also assessed.
The impacts are specifically assessed with respect to:
The risks of the work in question are also assessed.
All authorities which will later provide permits for the activity take part in the process of assessment.
The public is informed of any procedural steps in the assessment process. The public may give its comments and may participate in a public hearing with respect to the environmental impact evaluation. If the public creates a civil association, this association may then take a position as part of the decision making process in the assessed activity.
Act No. 127/1994 also regulates the assessment of cross-boundary environmental impact, and is in harmony with the Espoo Convention (1991).
The Ministry of the Environment has drawn up the principles of a complex new act governing everyone's free access to environmental information, which specifies in detail the conditions for applying constitutional rights. The principles of the act are fully based on Council Directive No. 90/313. The act should ensure freedom of access to environmental information for any natural or legal person, without the need to prove an interest on the part of the person asking. The act will set down which public authorities should make the information available, the definition of "environmental information", the procedure for providing the information - inclusive of time limits - and the right to appeal to a court if the information is answered inadequately or refused.
Discussions with respect to the principles are now taking place within the ministry. The submission to the government of the proposal for this act is projected for 1996.
The resources from the fund may be used for grants, to pay interest on loans, or to subsidize ecological educational schemes. The resources may be used only if the objective of the activity is the protection of the environment.
The fund has no other limitation on the use of resources, but awards are considered on a case by case basis in accordance with the priorities of state environmental policy. Also, revenues raised in a particular sector (i.e. water) are returned to that sector.
Physical and legal persons, communities, polluters etc. may receive support from the fund. A proposal for a new act has been prepared. The present grant function will continue and a "revolving part" or loan function of the fund will be added. The loans for activities involved in the protection of the environment will be given from this part under advantageous conditions.
Act No. 92/1991 prescribes an obligation to evaluate Companies to be privatized from the standpoint of environmental protection in three fields:
The definition "environmental audit" has not yet been adopted into legal regulations, but the government has asked for an analysis of this tool in the coming governmental program.
The first was Act No. 309/1991 governing air protection against pollutants (Act on air). It set out the basic obligations of the operator of large, medium, small and mobile sources of air pollution. The act established the penalties for violations. The next Act No. 134/1992 on state administration of air protection established the activity of environmental agencies with respect to air protection. Act No. 311/1992 governing charges for air pollution set out the polluters' obligations to pay individual charges. The individual charges for large and medium sources are allocated to a special state fund for the environment, and small source revenues to the budgets of municipalities.
There are many specific regulations which establish the technical and other details. These regulations determine specifically:
Stationary pollution sources which were built before the efficiency law 309/1991 on air protection must comply with emission limits established for new sources of pollution for the period up to 31.12.1998. This is regulated and established in detail in the Act No. 134/1992 on administration of air protection in the wording of previous regulations. The operator of an existing pollution source is obligated to ask the authority on air protection about the determination of emission limits, and the time within which their plant must reach the emission limits for new pollution sources. Compliance with this must not fall beyond 31.12.1998.
The legal regulations for air protection in Slovakia are not in contravention of EU legislation.
The current drafting of new air protection laws:
The order with respect to the working conditions of motor vehicles prohibits the use of motor vehicles which degrade the environment above an acceptable level.
Legal regulations establish the conditions which motor vehicles must meet regarding harmful exhaust pipe emissions (CO, HC+NOx...).
The regulations are applicable to vehicles with a positive ignition engine or vehicles with compression ignition engines. The legislation distinguishes the category of vehicle by certain principles (for example type of transport). Categorization of types of motor vehicle is laid down in SN 300024.
Since 1992, there has existed a ministry order which establishes the limits of pollutants which may be emitted in exhaust pipe fumes, and the requirement to verify these limits at regular intervals.
Tax incentives related to emission standards are not currently in place but are being prepared.
Annex 3 of this provision specifies the emission limits for lead in dust. This emission limit is 0,5 micrograms Pb/m3.
There is no regulation for lead in air. This sphere is regulated in several acts together with other pollutants.
Sampling stations are located, installed and operated as necessary. There is a national network of monitoring stations and sampling stations for important sources of pollution.
Measuring lead emissions is required at sampling stations. A regulation specifying the methods thereof is being prepared.
Building approval is implemented under Act No. 50/1976 on territorial planning and building orders (Building Act), in the wording of previous regulations. Siting and licensing plants and similar sources of pollution, any changes to be made, as well as the beginning of operations, requires the approval of competent authorities. This approval contains the conditions for air protection.
The Building Act establishes, among other things, the opportunity for the public to participate in the authorizing process during territorial planning. The act on access to environmental information which is in preparation will contain provisions in this field.
One of the main principles for the assessment of new or renovated plants which may be sources of air pollution, is the principle of the best available technology not entailing excessive costs (BATNEEC). This principle is contained in all acts with respect to air.
The principle of pollution prevention is required at all existing plants not subject to the BATNEEC principle. Existing plants must comply with BATNEEC by 1998.
Concerning strategies and policies implemented for industrial plants, the objective is the target areas (areas requiring special air protection) established in Ministry regulation No. 112/1993 governing the specification of areas requiring special air protection and the operation of smog warning and regulatory systems.
Act No. 127/1994 on environmental impact assessment establishes the protection of the public; an obligation for competent authorities to inform the public with respect to the design of a project which may have an impact on the environment. (An annex of the act contains a list of plants and activities for which impact assessment is required.) The public have the right to pass written or verbal comments.
Competent authorities shall give approval for the operation of waste incinerator plants. The siting and licensing of plants which are sources of pollution, any changes and operating procedures are regulated by permits which contain conditions for air protection.
Waste incineration is implemented under an operating order.
Emission limits establish the provisions for air pollution control, emission limits, ambient limits, pollutants and sources. These emissions limits are established in the Council Directive.
Act No. 134/1992 on state administration of air protection establishes authorities responsible for the monitoring and inspection of plants. The right to information with respect to the environment is established in the constitution (Article 45).
CO2 limits and other greenhouse gas emissions are not covered by any legal regulation. This field is addressed in acts with respect to energy and transport. The legal regulations in this sphere are found under Act No. 89/1987 on the production, distribution and consumption of heat, Act No. 79/1957 on the production, distribution and consumption of electricity, and, indirectly, Act No. 309/1992 on protecting the air against pollutants, in the wording of the latest regulations.
A national program relating to CO2 and other greenhouse gas emissions is being prepared. The main objective of this program is energy saving.
The Ministry of the Environment has prepared the document: "The first national communication on emissions", containing measures both planned and in place, and also publishes an annual report on air quality.
A national policy and necessary legislation with respect to the assessment and management of ambient air quality has been adopted. To framework legislation may be added Act No. 309/1991 on protecting the air against pollutants, in the wording of the latest regulations. This act includes provisions on air pollution control, emission limits, pollutants and sources; used in conjunction with Act No. 134/1992 on state administration of air protection, in the wording of previous regulations; Ministry regulation No. 407/1992, which modifies the list of sources of pollution and the list of pollutants and their limits, by which the details are established for determining the limits of emissions for present sources of air pollution; and Ministry regulation No 112/1993 on Specification of Areas requiring Special Air Protection and the Operation of Smog warning Systems and Regulation Systems, in the wording of previous regulations.
The policy and legislation are based on the principle of limitation and prevention of harmful effects on the environment and human health, the availability of public information and the maintenance and improvement of air quality. The legislation specifies areas requiring special air protection, establishes provisions with respect to the reduction of air pollution, and procedures to be followed in the case of a smog situation.
The competent and responsible authorities for ambient air quality assessment and management are established under Act No. 134/1992 on the state administration of air protection. In harmony with the prepared act on access to environmental information, the possibility is envisaged of participation by the public in implementation of plans/programs for the improvement of air quality.
Some partial issues are addressed legally, for example loading with poisons and accident prevention, but the preparation of complex proposals which involve the responsibility of other ministries is problematic.
The preparation of new legislation has been delayed due to the divided responsibility among several ministries in this field. The level of application in practice of the legislated issues - chemical substances; industrial accidents and emergency response - is relatively low. The reason for this is the changes in the economy and health protection system after l989, with often no clear responsibility on the part of the authorities responsible for enforcement.
There are a few special regulations on chemical substances, for example Act No. 272/1994 on protecting public health, Government regulation No. 206/1988 on poisons and other substances endangering public health, Act No. 238/1991 governing waste, etc. These regulations establish the method for handling only some chemical substances, as well as their packaging and labeling. There is currently no universal regulation in Slovakia with respect to a unified system of evidence, permission, packaging and labeling of chemical substances.
Approximation with this directive is an insert to the "White Paper".
Under this act, such manufacturers are obliged to give information about potential dangers, the extent and manner of protection from these, and the curtailing of any adverse consequences, both to the competent authorities and to the communities where they are located. They are obliged to update this information at appropriate intervals. The act ensures that the public is provided with the necessary information.
The act regulates procedures and responsibility in the case of accidents. These measures are applicable to both existing and new industrial plants and activities.
The act defines the competent authorities for the supervision of industrial plants in their meeting of legal requirements.
The present Slovak law does not provide for preparation of safety reports to the extent of this directive. Internal and external operational plans are required by Act No. 42/l994.
Currently, the legal regulation of nature and landscape protection is substantial and consists of two acts, four governmental regulations, more than twenty ministerial regulations and many other prescriptions.
The basis of legal regulation builds upon the new Act No. 287/1994 with respect to Nature and Landscape Protection, which preserves nature as a complex entity not only consisting of protected areas. It distinguishes the protection of habitat and the protection of species. The state is divided into five levels. The first level is the general protection of all areas which are not preserved as specially protected areas. The next four levels fall under stricter protection. They are: protected landscape area, national park, protected area and nature reservation. Within the framework of species protection, certain plants, animals, minerals and fossils are protected.
The act is administered by environmental offices and by the Slovak Environmental Inspectorate, which are authorized to penalize any violations of the law.
As a result of adoption of the new Act No. 287/1994 on Nature and Landscape Protection, qualitative changes have been implemented in nature protection. This act has been harmonized with both EU directives.
The main obstacles to better implementation are the only gradual creation of the responsible state authorities (inspectorates) which control the application of this act, and also the restoration of land ownership following l989.
The act concentrates on the conservation of species and also on the conservation of habitats, while the regulation deals only with the conservation of species. The objective of the act is, among other things, to help conserve the diversity of conditions and life forms on the Earth and to preserve ecological stability. The act takes into account all the above ecological concerns.
Under the law there is a general prohibition on catching and/or killing wild animals, including wild birds. Exceptions are given by special acts - with respect to hunting, veterinary protection and so on. For birds specifically protected under regulation No. 125/1965 as protected species, it is forbidden to disturb them in their natural development, to hurt, catch or take them to other locations. It is also forbidden to destroy or harm their habitat and nests.
As a result of the general prohibition on catching wild birds, the sale of wild birds is only legally possible with birds obtained through farming. There are specific conditions with respect to animals protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
For the conservation of natural habitats it is possible to designate one of four types of protected area: protected landscape area, national park, protected area, nature reservation. Also, in areas not specifically protected there is provision for the conservation of elements which support territorial ecological stability. The environmental office is authorized at any time to halt any activity likely to cause considerable damage to nature, also if there is a specific threat to the habitat of any animal or plant.
The four types of protected area are described in the relevant legal form. Conservation measures primarily concern environmental requirements, but also take into account economic, social and cultural considerations.
Official steps have not been taken by the Slovak Republic to participate in the European Ecological Network.
Act No. 287/1994 on Nature and Landscape Protection is a new, complex law, which gives the public the right to access relevant information concerning nature protection.
The Ministry of Health published regulation No. 14/1977 on protecting public health against the negative effects of noise and vibration. This regulation establishes limit values for noise and methods of measurement. The Ministry of Labor published certain regulations concerning safety in the workplace, including those governing noise. In the past, the Federal Office for Normalization and Measurement published technical norms, which outline the requirements for noise levels, specifically in industry. Building Act No. 50/1976 and related regulations also contain requirements for noise protection. This sphere falls under the responsibility of the Ministry of the Environment. Noise from motor vehicles is the responsibility of the Ministry of Transport, which has adopted regulation No. 41/1984 with respect to motor vehicle noise.
Approximation of the Slovak law with the European Union, the field of noise has been only partially implemented. Some requirements - for example, public information about appliance noise - are not currently in accordance with European Union law.
Motor vehicles and their components must be constructed so that the noise emitted is as low as possible. The ministry regulation directly establishes maximum admissible outside noise levels for individual types of vehicles. These are distinguished as types of vehicles M1 - M3 and N1 - N3.
A motor vehicle can be used in traffic only if it has been allowed as a type or as an individual vehicle. One of the required conditions is a level of noise of the motor vehicle as laid down in the mentioned regulation (max. 8OdB for vehicles produced or imported after October l994). Every producer or importer of motor vehicles is obliged to apply to the organization appointed by the Ministry of Transport, Post and Telecommunications for approval of the type of vehicle, including the permitted level of noise. This special organization also has the right to determine whether the produced or imported vehicles adhere to the noise level set down for the specific type of vehicle.
Act No. 272/1994 with respect to public health protection ensures that health authorities comment upon the noise of products which are brought onto the market. The requirement for the reduction of appliance noise is established in Ministry regulation No. 14/1977 with respect to protecting public health against the effects of noise and vibrations. Manufacturers are required to publish information in technical documents about the noise of an appliance, and to make this information available upon request to the customer.
The act does not require obligatory noise emission labeling on household appliances, or other information for the benefit of the public.
Act No. 238/1991 with respect to waste creates the framework. This act defines the general terms such as: waste, waste producer, disposal of waste, etc. The act establishes the handling requirements for the waste producer, waste transporter, and operators of waste incinerators and landfills, and establishes penalties for violation of the act. Also, Act No. 494/1991 with respect to state administration of waste management establishes the responsibilities of environmental offices in this field. A third Act No. 309/1992, with respect to charges for waste deposit, establishes the basis for special charges for waste deposit in landfills. Part of these charges is allocated to the State Fund for the Environment and the rest is allocated to the budget of the community where the landfill is located.
The requirement of the Ministry of the Environment, environmental offices and producers of waste to develop waste management programs is very important. The program prepared by the producer must be consistent with the objectives of the program outlined by the environmental offices and the Ministry.
The regulations address these issues:
The operators of waste incineration plants and landfills built before 1991 must comply with the requirements of the law before the year 2000. The categorization and inventory-making of waste, and also a new act concerning containers, is currently under preparation.
Enforcement in this field is relatively high. The main obstacle of enforcement can be the fact that this is completely new legislation. An influence on the level of enforcement is also exerted by the many new small private installations producing waste, which lack sufficient knowledge concerning waste management legislation.
The act does not explicitly require the use of clean technologies, best available technologies (BATNEEC) or recycling, but the act does require their utilization indirectly within a system of strict requirements for the waste producer.
The Polluter Pays Principle is fully established in the act. The act prohibits and provides penalties for waste dumping at other than authorized sites.
The development of a network of waste disposal installations is part of the Program of Waste Management. The Ministry of the Environment is developing this program in Slovakia generally, and the environmental offices develop the program for their specific areas. Every waste producer must also develop a program and submit it for approval to the district environmental office. The object of both the ministry and environmental office programs is to establish an effective network of waste disposal plants.
The act establishes those activities which may be executed only with the specific permission of the environmental office or of the ministry. These activities include:
The waste producer, transporter, operator of landfill and other involved parties are obliged to keep records concerning the handling of waste. Details with respect to record keeping are regulated by Governmental regulation No. 605/1992. The reports are submitted to environmental offices. The Slovak Environment Inspectorate and the environmental offices monitor the performance of obligations in accordance with the act. They are entitled to establish remedial measures or penalties.
The types of waste must be managed separately in accordance with their categorization (hazardous waste, special waste, other waste).
Anyone who is handling or transporting hazardous waste must have the specific permission of the environmental office.
The packaging and labeling of hazardous waste containers is legally regulated. The appropriate identification letter for hazardous waste and the warning symbol, in accordance with technical norms, must be on the outside of the container.
Anyone who handles hazardous waste has a duty to keep records, and also a duty to report the data from these records to environmental offices.
Environmental offices and the Slovak Environment Inspectorate monitor the proper handling of hazardous waste. They are entitled to set up remedial measures or penalties for violation of the acts and regulations.
The permit for establishing waste incineration plants includes the following:
The operator of the incineration plant is responsible for its correct operation. In case of an accident he must have an accident plan.
The EU emission standards are reflected in regulation No. 69 from 1991. Emission limits are given for total dust, total organic carbon, hydrogen chloride, hydrogen fluoride and sulfur dioxide, and also for heavy metals laid down in article 7/l/c of the EU Directive, with the exception of antimony, vanadium and tin.
If the incineration plant was assessed by the EIA procedure and if the public has created a civil association, this association could be a participant in the process of granting permission.
Conditions for the construction and operation of landfills are established in this regulation from the viewpoint of environmental protection.
Specifically defined here is:
The landfill may be established only on the basis of a special permit given by an environmental office.
The location of the landfill should specifically take into consideration the distance from tourist and recreation areas, the presence of underground waters and rivers, hazard areas (e.g. floods), importance of areas of ecological stability, accessibility of the location and the possibility of safe closure of the landfill.
Monitoring of the landfill is specifically directed towards the impact of the landfill on water and gas creation.
The Slovak Environment Inspectorate and environmental offices monitor the operation of landfills. They may apply remedial measures or penalties. The regulation for waste disposal in landfills is based upon the Polluter Pays Principle.
The state administration of water management is regulated in Act No. 135/1974 with respect to Water Management State Administration (in wording of the following Acts 52/1982, 595/1990, 128/1991 and 238/1993).
Detailed legal regulation, with respect to water protection and water management, is provided in related regulations.
The following are some of the most important regulations concerning water protection:
The Ministry of the Environment has prepared the principles of a new Water Act.
Approximation of environmental legislation in the field of water management is also found in the "White Paper."
Existing Slovak law in this field is enforced at a relatively high level.
Quality standards for surface water are laid down in Ministry regulation No. 242/1993, which sets out indicators for permissible water pollution levels and separately sets out more strict standards for waterworks courses.
The establishment of physical, chemical and microbiological parameters is the responsibility of the Ministry of Health. This ministry is also responsible for sampling operations and inspection of bathing water quality. If the parameters are not consistent with the internal hygienic recommendation for bathing water, the Ministry of Health can prohibit bathing.
The water management authority, by permitting the discharge of waste water and special water, is bound by the provisions of the Water Act, by the indices of the permissible water pollution levels, and by the regulations with respect to public health.
Governmental regulation No. 242/1993 sets out indicators for permissible water pollution levels. Indicators in Annex I of this regulation are related to the concentration of substances in discharged water and are obligatory for water management authorities when giving permission for discharge. Indicators provided in this Annex represent the highest permissible pollution levels in discharged water. With respect to local conditions and water protection, the water management authority can set more strict standards, values which will be up to the limits applicable for waterworks courses (rivers).
Indicators outlined in Annexes II and III represent the permissible pollution level achieved after mixing discharged water with surface water at 355-day flow rate level, or at the minimum guaranteed flow rate in the recipient (surface water, river). The water management authority (environmental office) takes these indicators into account when permitting discharges, with the objective of meeting these indicators. Governmental regulation No. 242/1993 is fully harmonized with Council Directive 76/464/EEC, and the emission standards are also fully harmonized with List I and List II of the Annex.
Also under the Water Act, the washing of motor vehicles and other mechanisms in water courses or in places where fuel and lubricants could threaten the quality or purity of surface or ground water is prohibited. The protection of surface and ground water quality is detailed in regulation No. 23/1977. This regulation contains a list of dangerous substances which may threaten the quality or hygienic purity of water, and specifies conditions under which dangerous substances may be handled.
Because ground water is primarily reserved for the supply of human drinking water, it is necessary to protect areas of natural water accumulation. There are governmental regulations with respect to the protected area of natural accumulation of water at Zitny ostrov (in the wording of 52/1981) and there are also governmental regulations on some protected areas of natural water accumulation, both specifying and prohibiting activities which threaten the conditions for water management.
There are some differences between Slovak national legislation on the protection of ground water (in the list of dangerous substances) and Directive 80/86/EEC.
In the Slovak Republic, surface and ground water quality has been monitored for more than 2O years.
The "Water" monitoring system covers around 4,000 km of water courses at approx. 280-290 points. Water quality evaluation is published yearly. The surface water is divided into 5 categories according to water quality.