COUNTRY REPORTS * SLOVENIA
Article 73 covers the protection of the natural and cultural heritage:
Several other chapters include provisions relevant for environmental protection, such as:
The main environmental objectives are incorporated in the legislation at constitutional and legislative level. These main environmental objectives are the preservation, protection and improvement of the quality of the environment, protection of public health, and prudent and rational use of natural resources. The basic environmental principles, such as prevention from harm, control of pollution at source, the principle that the polluter should pay ("polluter pays principle"), integration of the environment into other policies, etc., are also laid down in the legislation.
This shall also apply, according to the law, to imported commodities (dumping of imported commodities and subsidized imports). Depending on the type and form of environmental strain, the costs shall include the regular costs of environmental protection, the costs of compensation for the depreciation or endangerment of the environment, damage to health, the costs of cleaning up environmental damage, taxes, and indemnities.
To encourage the reduction of environmental strain, and with a view to ensuring the use of alternatives which are the least harmful to the environment, an environmental tax may be prescribed with respect to the level of environmentally harmful constituents contained in raw materials, fuels, and products; the level of environmental harm which their use entails; the harmfulness of operating the equipment or services in question; or the production of waste. With a view to encouraging a lesser degree of strain on the environment, local authorities may prescribe taxes and compensation in accordance with the Environmental Protection Act or any other act.
Standards (environmental quality standards, etc.) are determined in regulations issued on the basis of basic environmental legislation. Environmental charges do not fulfill the function of incentive and redistribution. It is generally considered that environmental taxes (even in cases where they have been prescribed) are too low. It is also questionable whether taxes (as a direct budget revenue) can fulfill the redistribution function. Incomes from charges are used as general budget revenue.
In reality, however, the costs borne by polluters can only cover the expenditures of anti-pollution measures to a limited extent.
Technology and testing:
In implementing this principle, the most advanced concepts, technologies, equipment, and production methods which are available on the market, and which have been practically tested and found satisfactory, shall be preferred; as well as replacement, recycling, and regeneration, even if reasonably higher costs are involved.
For precautionary reasons, any deviation from the use of concepts, equipment and production methods shall only be allowed in the case of activities which have been reliably proved on scientific and other grounds to exclude the possibility of any unexpected indirect or direct strain on the environment.
Where there is a danger of serious and irreparable damage to the environment, lack of scientific certainty may not be used as a justification for postponing such actions as may be necessary. There is also a procedure legislated in order to assess the environmental effects of public and private projects. To realize the principle of prevention and to assess the compatibility of an envisaged activity with the environmental characteristics of a given location, an Environmental Impact Assessment shall be carried out to determine the acceptability of the intended activity with respect to its long and short-term, direct and indirect effects on the environment - from the viewpoint of a minimum change in the natural conditions of the environment and the maximum specified environmental protection levels possible.
EIA procedure:
An assessment of environmental impact shall be carried out for those intended activities which are subject to approval and which could significantly affect the environment. These activities include:
The assessment of environmental impact shall be based on an environmental impact report, which shall be an integral part of the application for a license for a given activity.
Objectives of EIA:
The main objectives of environmental assessment procedures are provided for, such as: protection of public health and quality of life, maintenance of the diversity of species, maintenance of the reproductive capacity of the ecosystem, etc. However, the objectives are defined in more general terms as a minimum change in the natural conditions, and maximum possible level of environmental protection.
Projects subject to assessment are those which significantly affect the environment, and which are subject to approval. Several types of activities subject to approval are listed in the Environmental Protection Act, however a regulation prescribing concrete activities subject to EIA is still under preparation.
Levels of EIA obligation:
Article 57 of the Environmental Protection Act provides for three levels of EIA obligation:
Contents of the EIA Report:
The main factor in the EIA procedure is the Environmental Impact Report. Provisions of Article 56 prescribe the contents of the Environmental Impact Report, which should include - inter alia:
The environmental impact report must include all the necessary technical and graphical components in a form suitable for public presentation, except in cases when components conform to an integral part of the design.
Who is authorized to prepare an EIA Report?
The environmental impact report may only be prepared by an authorized legal or physical person.
Regarding the question of whether the list of projects subject to EIA is in accordance with Annex I of the Directive, we can only state that for the time being there is no regulation enumerating projects subject to EIA or containing a list which could be compared to Annex I; however, criteria contained in Article 55 of the Environmental Protection Act provide the basis for a comparable list of projects.
Access to information is also ensured for the public. Article 60 of the Environmental Protection Act requires public presentation of draft decisions and reports on EIA; also, the legislation on space (regional) planning of 1984, which remains in force, contained a provision stating that every potential major project must be exposed to public inspection and observation for a minimum period of 1 month.
The public is not directly involved in decision making procedures under EIA. It is involved only as far as public intervention is admissible in administrative proceedings.
Cross-border environmental effects are, however, taken into consideration in the EIA regulations. The provision of Article 63 of the Environmental Protection Act expressly requires that neighboring countries be informed of intended and potentially "cross-border polluting" activities through the Ministry of Foreign Affairs.
The type of information which must be accessible (state of the environment, activities, measures, etc.) is defined in the EIA Report. A draft decision by the competent authority is also required.
In case of refusal of a request and denial of information, judicial protection is available under Article 15 of the Environmental Protection Act to citizens /unions/ organizations claiming their right to a healthy and clean environment, according to the prevailing view of the legal doctrine of "public action".
General information on the state of the environment is provided to the public. An annual Environmental Report has to be prepared by the Ministry of the Environment and Regional Planning. The report shall be adopted by the National Assembly, and must be published.
The conditions and procedure for acquisition and use of the eco-label shall be prescribed by the minister responsible for environmental planning.
The selection procedure shall be carried out on the basis of public competition by the State Institute for Environmental Protection, in cooperation with the Institute for Health, the State Institute for Standardization and Metrology, and the Consumer Protection Organization. The eco-label shall be awarded by the minister.
The conditions, criteria and exact procedures are to be prescribed by the Minister of the Environment and Regional Planning. The regulation is still under preparation.
Slovenian Ecological Development Fund:
The main objective is that the Slovenian Ecological Development Fund should provide loans at favorable interest rates for investments in the field of environmental protection (on a non-profit basis).
There are some rules or principles, providing support from the fund to the following:
All legal or natural persons are entitled to receive support from the fund who invest in:
The main objectives of the regulation are to provide records of strains on the environment, energy and material consumption, etc.
Types of economic activities and companies which fall under the regulations will be defined by a regulation prescribed by the Ministry of the Environment and Regional Planning, on the basis of Article 42 (2) of the Environmental Protection Act.
The procedures of schemes under such regulations are compulsory, especially for activities determined in the regulation.
Regarding comparison to the Council Regulation 1836/93, the definition of "environmental audit" is adopted in the form of "Ecological Record Keeping".
Environmental auditing is not mandatory for every legal person or company. The list of companies or a more specific list of activities will be issued by the competent minister.
Regulations are applicable to all motor vehicles with four or more wheels. Regulations are also applicable to to and diesel engines. For testing emissions of vehicles, the procedure known as "homologization" - which is compatible with the Geneva Rules of March 20th 1958, ECE R 49.02 - has been introduced. Only authorized workshops may perform the homologization procedure.
Tax rates are highest for vehicles with diesel engines and tend to be lower for vehicles with catalytic converters. Currently, there is a prohibition on the import of vehicles without catalytic converters.
Sampling stations are installed in all large and medium-sized towns, at places where the pollution of the air is the highest, and on several hills of interest to the Meteorological Office.
Apart from the above, the following more general regulations also apply to industrial plants:
There is also an administrative authorization procedure for the operation of industrial plants, also regarding regulated air pollution. The operator who strains/pollutes the air must carry out measures which are compatible with environmental monitoring. There are three different types of measure:
Compared to Directive 84/360/EEC and its Annexes, this regulation is of a more general nature, i.e. applicable to industrial plants and not limited to particular industries and/or substances.
The principles of pollution prevention, and BATNEEC (best available technology not entailing excessive costs) are also included in the regulations. Both in the construction and in the reconstruction phase, the investor has to choose equipment which has already been tested in practice and which is available on the market; at the same time use of the equipment has to be such that the limit values for emissions are not exceeded. Under Article 8 of the Environmental Protection Act, such equipment must be given priority, "even if reasonably higher costs are involved".
Emissions must not only be limited but also reduced through the following measures:
The polluter must ensure that equipment is environment friendly or install/provide cleaning equipment. The technology for the industry has to be proved in practice before it can be used in that industry. If a new installation is to be built and air pollution can be foreseen, the Inspectorate must check for potential future effects. The monitoring system must also be considered.
Regarding free access to information, every individual may require information from the competent Inspectorate, or can request an administrative procedure if he/she thinks that the industrial plant's procedures are not compatible with the Regulation.
Supervision is covered by the Inspectorate for Environmental Protection. Any individual may require information from the Inspectorate, or can request an administrative procedure if he/she thinks that the industrial plant's procedures are not compatible with the regulation.
Some legislative measures have been taken in order to limit CO2 and other greenhouse gas emissions:
Monitoring systems:
There is a general monitoring system defined in the Environmental Protection Act and there are special monitoring systems for the purposes of various industrial plants.
National program of ERP:
A national program related to the protection of the environment (which includes protection of the air) is foreseen in Article 47 of the Environmental Protection Act. It contains goals, guidelines, aims, objectives, and directives in the strategy of environmental protection for at least 10 years. It also contains indications of the vulnerability of the environment and the degrees of environmental protection. The national program shall be coordinated with national programs and plans in other fields.
The main objectives of the national program, policies and legislation are contained in Article 48 of the Environmental Protection Act. Only its most important objectives are pointed out (the state of the environment, environmental strains and their impact on the health of the population, assessment of the state of the environment, individual resources and their endangerment, long term projection of environmental trends and conditions, etc.). The national environmental protection program shall also be divided into global, national, regional, and local levels.
There are several articles related to environmental monitoring, emissions monitoring and the responsibilities of state and local authorities (Articles 67 - 76 of the Environmental Protection Act). There are also provisions on several aspects of monitoring: environmental monitoring, monitoring data, monitoring quality control, emission monitoring, etc.
The data from emissions, preventive monitoring, and the data from emission monitoring should be reported to the ministry.
The objectives of air quality and the methods of assessment are clearly laid down. There is a system of regulations, prescribed on the basis of the Environmental Protection Act, which precisely sets down the methods for evaluation, assessment and maintenance of the quality of air.
In case the limits on air quality are exceeded, the necessary actions and measures are regulated. There is a basic provision in the Environmental Protection Act, in Article 35, which stipulates:
Inspection measures are laid down in Article 36 of the Environmental Protection Act. The state inspector responsible for the supervision of environmental protection shall prescribe rehabilitation and other measures necessary for the elimination of sources and consequences of excessive environmental strain, within such time limits as he shall impose. In such cases, a rehabilitation program can be outlined by inspectors which is necessary for the elimination of such sources and consequences. If the party responsible for the strain on the environment does not act according to the prescriptions, the state inspector shall - in accordance with the law - prohibit the operation of the facility or equipment, or the use of a substance, or the use of a technological process, machine, means of transport or product, or the carrying out of a given activity.
There is also special legislation on chemical substances and preparations which are dangerous for the environment or public health. A number of regulations cover different types of chemical substances and waste. Some fields are covered by the legislation. For instance, labeling is governed by a draft act on protection of the consumer (Art. 28), testing and packaging by the Health and Safety Work Act (Art. 8), transportation by the act related to dangerous substances, etc.
Substances subjected to control are: explosive substances, inflammable substances, gas, and other dangerous substances.
The only relevant provisions (of the draft consumer legislation) require that the labels must be made of substances which are not dangerous to health.
In order to control the risks, the following is required by law:
An administrative procedure is required to obtain permission for the production of such products. Permits will be issued by the competent ministry. Permits must also be obtained for transportation of such substances.
In addition, a special procedure is prescribed for the supervision of production. The supervision is performed by an Inspectorate. Both state agencies and local authorities are responsible for the supervision. In most cases, these tasks are performed through different inspectorates.
The principle of safety and health at work is adopted in two basic statutes: the Environmental Protection Act and the Health and Safety Work. The basic methods to ensure safety and health at work are foreseen in the former in Article 2 (technical equipment, health and social programs, etc.).
Regulatory initiative:
Detailed regulation can be introduced by companies and enterprises themselves. The initiator of such procedures may be a chamber of commerce, trade union, workers, citizens, companies, etc. The state itself may also, at any time, prescribe standing orders related to safety values and measures.
Information on safety at work:
Manufacturers are required to provide information to the competent authorities on the substances used, installations and possible accident situations. This is a part of emission monitoring. Regarding possible accident situations, there is no such provision in the Health and Safety Work Act. Instead, there is a competent body charged with control over the act The competent body is an Inspectorate specialized in this area.
Regarding the question of necessary available information on safety measures and correct behavior in case of accidents for the persons concerned and for the public, no specific answer can be given. There are some provisions related to this question, but they do not give a complete answer. The enterprises (companies) must keep records (ecological audit) about the implementation of the provisions of the Health and Safety Work Act.
There are provisions related to this area in the Standing orders on equipment and procedure for First Aid, and on organizing rescue services in the event of a work accident. The regulations are applicable to both existing and new industrial activities. The rules are identical for both types of activities.
Control and emergency:
For the control of industrial activities and for acting in emergency situations, the competent authorities are defined. The competent body is the Inspectorate specialized in this area. The Inspectorate is an organ of the State. A special standing order provides for the rules for the Slovenia work. The relevant information must be collected and the companies must take charge of this. The regulations also prescribe the form of such reports and the obligation to submit them to the Inspectorate.
Related to the protection of public health and the environment, test data of chemicals are collected by regulatory authorities. This is the main task of the Medical Inspectorate of the Republic of Slovenia.
The regulations intended to protect public health and the environment and to ensure control of risks of the release of GMOs into the environment are not covered in one single statute. Several regulations deal with the issue for protection of public health and the environment. For instance, the act protecting the public against infectious diseases, and others mentioned above.
The principle of prevention is also applicable in this field, since the definition contained in the Environmental Protection Act permits a broad interpretation.
For the assessment and evaluation of the potential risks of the release of GMOs a procedure is established in the above-mentioned statute. The relevant information on GMOs is collected in an information database. The Center for Genetic Engineering and Biotechnology is identifying and promoting without delay an initial network of highly qualified research centers to serve as Affiliated Centers, to promote existing national sub-regional, regional and international networks of laboratories, including those associated with the organizations of United Nations active in or related to the field of genetic engineering and biotechnology; to serve as Affiliated Networks, as well as promoting the establishment of new highly qualified research centers.
The regulation on the protection of threatened animals determines that some animals are of particular importance for nature, especially those animals whose existence is endangered because their number is on the continuous decrease. The species of animals under protection are enumerated in Article 1 of the regulation. Conservation of habitat is covered by the Ramsar Convention, which has been ratified (1977) and which is a part of Slovenian legislation.
The conservation of species is covered by the regulation on the protection of threatened animal species. The protection of the diversity of habitats is provided for. The Environmental Protection Act foresees in Article 3 as of primarily principle that the fundamental objective of environmental protection is the continuing preservation of the vitality of nature, biological diversity, autochtonous biological species, and an ecological balance.
The classification and the objectives of protection of free-living animal species must be prescribed by the government.
The act concerning cultural and natural heritage protects items and groups of items, areas and special parts of nature as natural and cultural important parts for the Republic of Slovenia. These items have cultural, scientific or aesthetic value.
The Environmental Protection Act aims to further the preservation of the vitality of nature and biological diversity to maintain an ecological balance.
The hunting of protected wild birds is prohibited.
The main restrictions related to the protection of birds are prescribed in Article 3 of the regulation mentioned above. The provision prohibits the hunting, killing, preparation, poisoning, or selling of these birds, being an intercessor for such activities, buying or giving such birds as a gift or exporting them; disturbing them in their habitat, causing any damage to or removing their nests, etc.
The most important species are under strict protection. A list of species is included in the regulation (Art.1).
The regulation concerning the protection of threatened species of animals sets down the prohibition of sale of these birds.
Some exemptions from the restrictions are restrictively allowed. Only for the purposes of science, research, education or the development of the species may these provisions not be taken into account. Ministerial authorization is required on a case-by-case basis.
Animals:
Objectives are also regulated in detail. The regulation on protection of threatened animals sets down that the protection is related to specific species of animals, which fulfill the conditions for protection. These conditions are: a small number of specific animal species, environment modification, natural decreasing of numbers or human influence. The regulation foresees that no free use is possible with these animals, no breeding in captivity is possible, no new animal species can be carried onto the habitat of the protected animals, etc.
Plants:
The decree concerning the protection of rare and threatened plant species (Official Gazette of RS, No. 38/94) foresees almost the same provisions as the Regulation related to animal species.
Protected sites:
There is also a list compiled concerning protected sites and species. Regarding animals there is a list of "protected" species, classified in families, which is included in Article 1 of the regulation concerning the protection of threatened animals. Something very similar applies with vegetation. The decree concerning the protection of rare and threatened plant species deals with this topic. Wild mushrooms are also covered in the regulation.
The most important sites and species are under strict protection. The act concerning cultural and natural heritage foresees the protection of areas or parts of nature, which are of special importance for the country. The special importance can be related to scientific objectives, cultural, historical or aesthetic objectives.
There are also several regulatory provisions related to the protection of natural parks such as Triglav, Trebèe (historical park), etc., which enjoy legal protection.
The Act concerning cultural and natural heritage foresees that those parts of nature and areas which have cultural, scientific, historical and aesthetic importance for the country must be properly protected. The protection of natural and cultural heritage depends on its overall importance. Depending on their global or local importance, the state or local authorities respectively are responsible for protecting such sites.
European Ecological Network:
Some informal steps have been taken in the country to take part in the European Ecological Network which is currently being set up. There is no legislation on the EEN, but there have been some steps made in this area - i.e. environmental legal network.
Access to information:
All information collected and kept under the provisions of the Environmental Protection Act regarding these questions is open and available to the public.
The necessary research and scientific work is also encouraged and continued. This depends, however, on the current government policy. Currently, the prevailing policy is favorable to all kinds of scientific work in the field of natural sciences.
The main restriction introduced on vehicles which do not meet the regulations is that such vehicles may not be put in circulation.
No requirement for product labeling has been introduced in order to provide such information. Legislative measures, however, have been taken in order to use less noisy household appliances. The act concerning protection against noise in a natural and human environment (Official Gazette SRS, No. 15/76) was repealed by the Environmental Protection Act (except Articles 7., 8., and 9., which have remained in force). The specific regulation related to this act is that it is still in use as a whole until appropriate regulations are issued. There are no specific provisions on measures to be taken in case of too much noise in household appliances. The statute foresees only measures for less noise in commercial activities. There is also a regulation on noise in the natural and human environment issued on the basis of Article 27 of the Environmental Protection Act. It foresees critical values (limits), regardless of whether noise emanates from one or more sources.
Regarding the airborne noise emitted by household appliances, no method of testing has been established.
The waste management regulations include some main objectives: the prevention or reduction of waste production, clean technologies, BATNEEC and recycling. These objectives are implied in the ministerial powers under Article 30 of the Environmental Protection Act. The Polluter Pays Principle is also applicable to waste management (general rule in Articles 9 and 10 of the Environmental Protection Act).
Recovery and disposal:
The regulations also provide for the recovery and disposal of waste without endangering public health and causing harm to the environment. The abandonment, dumping and uncontrolled disposal of waste is prohibited. An integrated network of waste disposal installations is, however, not yet established. Issuing of a waste management permit is also not regulated as yet. The area of waste treatment will, however, be covered by a regulation issued on the basis of the Environmental Protection Act (Art. 30). The regulations are under preparation.
Inspections:
Regarding waste management establishments and the undertaking of inspections, the environmental inspection service (regulated in the Environmental Protection Act) is also competent in the area of waste. Provisions related to waste management include the conditions for obtaining the different permits and the concordance of the inspection service.
The setting up of a waste management plan is required for the country and for the municipalities. These waste management plans are to be set up by the municipalities themselves. The plans must be in accordance with the statutes and regulations. Most municipalities have issued these provisions already.
Refilling and recycling is also facilitated. The prevention principle must be considered. Rules relating to the minimization and accumulation of waste will be prescribed by the competent minister. The rules on classification and on forms of management will also be prescribed by the minister responsible for environmental planning.
The selective collection and recovery of non-refillable containers is organized; it falls within the competence of every municipality. Anybody can establish a public service for these activities on a concession basis.
The activities of legislation, administrative procedures, and voluntary agreements with industry are organized on an experimental basis and are therefore voluntary - the incentive being mainly in the reduction of costs.
The sites of hazardous waste discharges are also recorded and identified. During recovery, collection and transport, the different categories of hazardous wastes and non-hazardous wastes are managed separately. Special registration with the Chamber of the Economy is required for hazardous waste management. Concessions for public service are also required. The packaging and labeling of hazardous wastes is properly regulated. A special warning (in writing) is required. It must contain warnings about the nature and potential danger resulting from such waste. Transportation and handling of hazardous waste is subject to special rules (Act on Transportation of Hazardous Substances, 25.5.1990). Concerning hazardous waste management, record keeping and reporting is required. Waste management establishments and undertakings are also regularly inspected. The inspections are regular and are organized under the Environmental Protection Act.
Operators of plants are obliged to take all the necessary measures in order to prevent or reduce the harmful effects on the environment entailed in the delivery and reception of hazardous wastes. To keep emissions within the prescribed limits, the operators must monitor the emissions on a weekly basis. The level of incineration is also regulated. If monitoring shows that limit values have been exceeded, the waste must be stored for later incineration.
The environmental concerns (reducing the risk of soil and groundwater pollution) are taken into account in the respective laws. Article 27 of the Environmental Protection Act stipulates that, taking into consideration the prevention principle, the government is authorized to classify and specify (by legal way of regulations) limit values for the emission of substances and energy into ground, water and air, emission limit values, rates of decrease and other mandatory measures. The period set for the existing polluters to adjust accordingly may be postponed, or rigorous limit values may be prescribed for a definite period of time.
Main principles related to the topic are: the prevention principle (Article 8 of the Environmental Protection Act), the principle of restitution for strain caused on the environment ("polluter pays" principle), Article 9; requirement for preparation and execution of rehabilitation programs (Article 64), etc.
To realize the principle of prevention and to assess the compatibility of an envisaged activity with the environmental characteristics of the location, an environmental impact assessment shall be carried out to determine the acceptability of the intended activity with respect to its long - and short - term, direct and indirect effects on the environment, from the viewpoint of a minimum change in the natural conditions of the environment and the maximum specified environmental protection levels possible:
In particular, the environmental protection information system shall include information based on natural elements, phenomena, factors, and ecosystems, natural resources, the use of materials and energy, etc.
The "polluter pays principle" is included in the regulations (Article 10 of the Environmental Protection Act).
The quality standards are laid down in a decision from 15.5.1987 in Annex I. There is also a program prepared in order to improve the quality of surface water, with concern for the environment. The new Water Act is to be prepared with the help of the European Council. The bill is currently in parliamentary procedure.
Concerning the quality of bathing water, there are sampling operations and inspections carried out by the Water Management Inspectorate.
For the same reason the following activities cannot be carried out on waterbanks:
The regulations are applied to both direct and indirect discharges. Regarding the substances which are regulated, there is only an expression of "dangerous substances and substances which can cause damage", and no enumeration of substances as in Directive 76/464/EEC.
A monitoring system is also set up for water quality. The Environmental Protection Act stipulates environmental monitoring. Within the state, natural phenomena, pollution and emissions into the environment shall be monitored. Emission monitoring for water (monitoring of environmental pollution shall include the observation and supervision of emissions into the soil, water, air, flora and fauna, and of health-related ecological conditions) is under the competence of the State (the ministry responsible for environmental protection, in cooperation with the ministry responsible for civil protection).
A program dealing with this problem is included in the basic monitoring program. All kinds of monitoring are covered by the Environmental Protection Act. The establishment and operation of a state monitoring system for natural phenomena and emission monitoring is to be provided by the state directly, or in the form of a public service. Within this framework, information about the results of monitoring and related warnings shall regularly be made available to the public, local authorities and other interested organizations, through the public media and other means. The state shall also ensure early warning against potential dangers.