COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - SLOVAKIA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 27
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 58 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - SLOVAKIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 58 final.
Encl.: SWD(2017) 58 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 58 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - SLOVAKIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 57 final}
{SWD(2017) 59 - 60 final}
Slovakia 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet (http://europa.eu).
Photographs: p.11 – © Kaycco/iStock; p.17 – © Ken Wiedemann/iStock; p.22 – © Matej
Krajcovic/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Slovakia 4
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
-
1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
-
2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Estimating Natural Capital................................................................................................................... 11
Green Infrastructure ........................................................................................................................... 11
Soil protection ..................................................................................................................................... 12
-
3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 13
Air quality ............................................................................................................................................ 13
Noise ................................................................................................................................................. 14
Water quality and management ......................................................................................................... 14
Enhancing the sustainability of cities .................................................................................................. 17
International agreements ................................................................................................................... 17
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 19
-
4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 19
Green taxation and environmentally harmful subsidies ..................................................................... 19
Green Public Procurement .................................................................................................................. 20
Investments: the contribution of EU funds ......................................................................................... 20
-
5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 22
Effective governance within central, regional and local government ................................................. 22
Compliance assurance ......................................................................................................................... 23
Public participation and access to justice ........................................................................................... 25
Access to information, knowledge and evidence ................................................................................ 26
Slovakia 5
Executive summary
About the Environmental Implementation Review for Slovakia. Poor waste management performance, with
In May 2016, the Commission launched the low recycling rates and a strong dependence on Environmental Implementation Review (EIR), a two-year landfilling is one of the main concerns. Improving water cycle of analysis, dialogue and collaboration to improve management policy in the context of the EU water the implementation of existing EU environmental policy framework Directive is a major concern. Its rich natural and legislation 1 . As a first step, the Commission drafted environment and biodiversity - with one of the largest 28 reports describing the main challenges and NATURA 2000 networks - is one of the country's opportunities on environmental implementation for each strongest assets. On the other hand, an effort is needed Member State. These reports are meant to stimulate a to preserve this potential by balancing the different positive debate both on shared environmental challenges interests and needs through transparent and efficient for the EU, as well as on the most effective ways to development consent and SEA/EIA processes.
address the key implementation gaps. The reports rely on Main Challenges
the detailed sectoral implementation reports collected or
issued by the Commission under specific environmental The three main challenges with regard to legislation as well as the 2015 State of the Environment implementation of EU environmental policy and law in Report and other reports by the European Environment Slovakia are:
Agency. These reports will not replace the specific Improving waste management, particularly instruments to ensure compliance with the EU legal increasing recycling, rolling-out separate collection obligations. and reducing landfilling
The reports will broadly follow the outline of the 7th Improving air quality in critical regions of the Environmental Action Programme 2 and refer to the 2030 country, notably in urban areas, like Bratislava and Agenda for Sustainable development and related Kosice. Phasing out environmentally harmful Sustainable Development Goals (SDGs) 3 to the extent to subsidies to brown coal. which they reflect the existing obligations and policy Improving water management, notably in terms of
objectives of EU environmental law 4 . infrastructure projects, but also in approaches to agricultural use and landscape management
The main challenges have been selected by taking into (drainage systems and nitrates pollution as well as account factors such as the importance or the gravity of forest management) and more advanced treatment the environmental implementation issue in the light of of urban waste water the impact on the quality of life of the citizens, the
distance to target, and financial implications. Main Opportunities
The reports accompany the Communication "The EU Slovakia could perform better on topics where there is
Environmental Implementation Review 2016: Common already a good knowledge base and good practices. This challenges and how to combine efforts to deliver better applies in particular to: results", which identifies challenges that are common to
several Member States, provides preliminary conclusions Building on experiences in nature protection on possible root causes of implementation gaps and including the traditional landscape territorial system proposes joint actions to deliver better results. It also approach, working towards a complete and well groups in its Annex the actions proposed in each country managed Natura 2000 network
report to improve implementation at national level. Preserving important sources of drinking water by application of ecosystem based approaches and
General profile preventing negative impacts
Environmental implementation represents a challenge Points of Excellence
Where Slovakia is a leader on environmental
1 Communication "Delivering the benefits of EU environmental policies
through a regular Environmental Implementation Review" implementation, innovative approaches could be shared
( COM/2016/ 316 final ). more widely with other countries. Good examples are:
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the Territorial System of Ecological Stability of the
limits of our planet ". Landscape (TSES), a system of landscape and nature
3 United Nations, 2015. The Sustainable Development Goals protection is a good practise developed already in
4 This EIR report does not cover climate change, chemicals and energy.
Slovakia 6
late 1970s in the former Czechoslovakia.
Part I: Thematic Areas
-
1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving environmental agenda to prepare the conditions for
resource efficiency steady transition towards the competitive and resource efficient low-carbon economy. However, this is
The 2015 Circular Economy Package emphasizes the need formulated without clear time-tables for implementation to move towards a lifecycle-driven ‘circular’ economy, and/or with unclear financial backing apart from the with a cascading use of resources and residual waste that priorities agreed also in the Slovak Partnership is close to zero. This can be facilitated by the Agreement or Operational Programmes 2014-2020. This development of, and access to, innovative financial means a high degree of reliance on EU funds for public instruments and funding for eco-innovation. investments in general.
SDG 8 invites countries to promote sustained, inclusive As regards the instruments in Slovakia, the focus appears and sustainable economic growth, full and productive to remain on traditional environmental approaches, such employment and decent work for all. SDG 9 highlights as environmental management systems 7 , environmental the need to build resilient infrastructure, promote labelling 8 and green public procurement (GPP) 9 . inclusive and sustainable industrialization and foster However, even these voluntary instruments are innovation. SDG 12 encourages countries to achieve the implemented and promoted by the public administration sustainable management and efficient use of natural bodies mainly, and in particular by the Ministry of resources by 2030. Environment .
Measures towards a circular economy Figure 1: Resource productivity 2003-15 10
Transforming our economies from linear to circular offers an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate investments and bring both short and long-term benefits
for the economy, environment and citizens alike. 5
With the upcoming Slovakian Presidency of the EU in July
2016, the circular economy in Slovakia should progress, from the policy perspective as it has been listed as one of the priorities. Policy makers are focussed on trying to decrease the energy intensity of the Slovakian economy
(as it is double the EU average) as well as improving waste management and decreasing the high landfill rate.
This will help with resource productivity where Slovakia is
currently below the EU average. Figure 1 shows trends over time and indicates a modest
To date, there is no national policy outlining a coherent but overall stable increase of resource productivity (how approach towards eco-innovation and the circular efficiently the economy uses material resources to economy. A national-level working group has been set produce wealth) since 2004 in Slovakia. However, since up to discuss the measures in the European 2014 a slight decrease can be observed. In 2015, Slovakia Commission’s Circular Economy Package, however, no performed below the EU average in terms of resource
concrete strategies or action plans have yet been agreed
upon. 6
The Government manifesto adopted by new Government 7 The EU Eco-Management and Audit Scheme (EMAS) and
in April 2016 includes as one of its main objectives in the Environmental Management System under ISO 14001 (EMS);
8 Environmental labelling of products, implemented through the European and national eco-labelling schemes EU Ecolabel and
5 European Commission, 2015. Proposed Circular Economy Package Environmentally Friendly Products
6 European Environment Agency, 2016. More from less – material 9 Section 5 resource efficiency in Europe. Slovakia Report 10 Eurostat, Resource productivity , accessed October 2016
Slovakia 6
productivity, with 1.0 EUR/kg (EU average is 2.0). 11 There are several barriers to circular economy and ecoinnovation
in Slovakia.
SMEs 12 and resource efficiency On the one hand, there are economic and financial barriers, i.e. lack of financial resources and high costs of
In the Flash 426 Eurobarometer "SMEs, resource innovation (RIS3 14 ). In particular, there is still a significant efficiency and green markets" it is shown that 36% of lack of funding for research and innovation in Slovakia. Slovakia's SMEs have invested up to 5% of their annual Public sector and EU structural funds are the main turnover in their resource efficiency actions (EU28 sources of R&D funding in Slovakia, rather than average 50%), 34 % of them are currently offering green companies (RIS3). Certain regions, i.e. Slovakia's central products and services, 62% took measures to save energy and eastern regions, do not attract private investment at
(EU28 average 59%), 57% to minimise waste (EU28 all, mainly due to infrastructure problems. 15 average 60%), 62% to save water (EU28 average 44%), Figure 2: Eco-Innovation Index 2015 (EU=100) 16
and 56% to save materials (EU28 average 54%). From a circular economy perspective, 30% took measures to recycle by reusing material or waste within the company,
21% to design products that are easier to maintain, repair or reuse and 20% were able to sell their scrap material to another company.
According to the Flash 426 Eurobarometer, the resource efficiency actions undertaken allowed the reduction of production costs in a 37% of the Slovakia's SMEs.
The Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" shows that 52% of the SMEs in
Slovakia have one or more full time employee working in
a green job 13 at least some of the time. Slovakia has an
average number of 2.4 full time green employees per
SME.
Eco-innovation
The results of the scoreboard depicted in Figure 2 show that the overall eco-innovation performance of Slovakia for the year 2015 has improved compared to 2013 and
2014, with an overall index score of 72 (compared to a score of 54 in 2013), ranking Slovakia 23rd among EU28.
This reflects the challenges Slovakia faces in terms of a lack of a coherent eco-innovation policy framework as well as low investment in R&D.
One of the main drivers to support eco-innovation and the circular economy could be the automotive industry, The lack of market demand for innovation and low level as it is one of the main industries in Slovakia. Another of public awareness on this topic are also barriers. driver could be an incentive framework to promote
innovation among companies and academics. A National Suggested action
technology transfer portal was established in the Centre • Develop an overarching policy framework with respect of Scientific and Technical Information and will now work to circular economy and eco-innovation. more intensively with offices located within universities. • Establish a policy framework that would enable the
uptake of circular economy measures.
11 Resource productivity is defined as the ratio between gross domestic • Increase the funding opportunities for SMEs in
product (GDP) and domestic material consumption (DMC). Slovakia. Foster the development of a secondary raw
12 Small and medium enterprises
13 The Flash 426 Eurobarometer "SMEs, resource efficiency and green
markets" defines "green job" as job that directly deals with information, technologies, or materials that preserves or restores 14 Research and Innovation Strategies for Smart Specialisation: The environmental quality. This requires specialised skills, knowledge, Smart Specialisation Strategy for the Slovak Republic for period 2014- training, or experience (e.g. verifying compliance with environmental 2020 legislation, monitoring resource efficiency within the company, 15 European Commission, SWD(2016) 93 final promoting and selling green products and services). 16 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Slovakia 7
materials market. Incentivise investments in green 4. 19
products and services. • Raise awareness among the population of circular
economy to increase the market demand.
Figure 3: Municipal waste by treatment in Slovakia
Waste management 2007-14 20
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.
− Reducing per capita waste generation and waste generation in absolute terms.
− Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
The EU's approach to waste management is based on the
"waste hierarchy" which sets out an order of priority when shaping waste policy and managing waste at the operational level: prevention, (preparing for) reuse,
recycling, recovery and, as the least preferred option, Figure 4: Recycling rate of municipal waste 2007-14 21
disposal (which includes landfilling and incineration without energy recovery). The progress towards reaching recycling targets and the adoption of adequate
WMP/WPP 17 should be the key items to measure the
performance of Member States. This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Municipal waste generation in Slovakia has increased in
2014 breaking the downward trend since 2010 and remaining considerably below the EU average (321 kg/y/inhabitant compared to around 475 kg/y/inhabitant) as shown in Figure 3. There are still differences in national and Eurostat statistics.
Figure 3 depicts the municipal waste by treatment in
Slovakia in terms of kg per capita which shows a high landfilling of municipal waste and still a very low recycling rate. Slovakia has one of the lowest landfill gate
fees among the EU MSs. 18 The number of illegal Slovakia still has high landfilling rate of municipal waste dumpsites is also a huge problem, mainly in Bratislava (76% in 2014). Incineration accounts for 12%. In order to
region. help bridging the implementation gap in Slovakia, the Commission has delivered a roadmap for compliance. 22
Recycling of municipal waste (including composting) The main recommendations included progressive remains relatively low (12% compared to the EU average of 44%). Therefore, significant efforts will be needed to
meet the 50% recycling target by 2020 as shown in Figure 19 Member States may choose a different method than the one used by
ESTAT (and referred to in this report) to calculate their recycling rates and track compliance with the 2020 target of 50% recycling of municipal waste.
20 Eurostat, Municipal waste and treatment, by type of treatment
17 Waste Management Plans/Waste Prevention Programmes method, accessed October 2016
18 http://www.eea.europa.eu/data-and-maps/figures/typical-charge 21 Eurostat, Recycling rate of municipal waste , accessed October 2016
gate-fee-and 22 European Commission, Roadmap Slovakia
Slovakia 8
increase of landfill tax and use of the revenues to the first • Extend and improve the cost-effectiveness, monitoring steps of the waste hierarchy; improvement of the and transparency of existing EPR schemes. performance of the Extended Producer Responsibility schemes for the main waste streams to ensure the appropriate and sustainable funding of separate collection, sorting and recycling. As soon as separate collections are in place, Pay-as-You-Throw (PAYT) schemes should be encouraged and harmonised at local level. The PAYT schemes introduced in some regions in Slovakia impose a very low fee and thus do not incentivise separate collection. Incentives for municipalities to encourage separate collection and reuse/recycling should be harmonised.
On 1 January 2016, a new legal act on waste entered into force, which governs several aspects of waste management, including waste prevention, extended producer responsibility, management of municipal waste, and the ceasing of the former Recycling Fund' operation. Parts of this act are relevant to improving circular economy, in particular the extended producer responsibility scheme. It is not clear whether the act itself would allow Slovakia to achieve the 2020 objectives of Waste FD and more ambitious objectives of the Circular Economy package. The Waste management plan of the Slovak Republic for 2016-2020 was also adopted in 2015. It evaluated performance between 2011 and 2015 up to 2013. The results showed that several objectives had not been reached, including the targets set for municipal waste – in particular recycling targets.
Full implementation of the existing waste legislation could create more than 5900 jobs in Slovakia and increase the annual turnover of the waste sector by over EUR 620 million. Moving toward the targets of the Roadmap resource efficiency could create over 7000 additional jobs and increase the annual turnover of the
waste sector by over EUR 740 million. 23
Suggested action
• Gradually increase landfill taxes to phase-out landfilling of recyclable and recoverable waste. Use the revenues to support the separate collection and alternative infrastructure to support the first steps of waste hierarchy. Avoid building excessive infrastructure for the treatment of residual waste.
• Focus on implementation of the separate collection obligation to increase recycling rates. As soon as an efficient separate collection scheme is in place, PAYT schemes should be encouraged and harmonised at local level.
23 Implementing EU legislation for Green Growth (2011), study by Bio
Intelligence service , breakdown per country on job creation was made by the consultant on Commission demand but was not included in the published document
Slovakia 9
-
2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity While the designation of the SPAs was completed, the SCI
network is still incomplete 25 as shown in Figure 5 26 .
The EU Biodiversity Strategy aims to halt the loss of
biodiversity in the EU by 2020, restore ecosystems and Figure 5: Sufficiency assessment of SCI network in their services in so far as feasible, and step up efforts to Slovakia based on the situation until December 2013
avert global biodiversity loss. The EU Birds and Habitats (%) 27
Directives aim at achieving favourable conservation status of protected species and habitats.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura 2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive
and as Special Protection Areas (SPA) under the Birds By February 2016, Slovakia had established 209 Special
Directive is a key milestone towards meeting the Areas of Conservation (SAC).
objectives of the Directives. The results of Habitats Complaints usually address conflicts between nature Directive Article 17 and Birds Directive Article 12 reports protection and socio-economic developments, in and the progress towards adequate Sites of Community particular constructions of motorways, new water
Importance (SCI)-SPA and SAC designation 24 both in land reservoirs and hydropower plants conflicting with Natura
and at sea, should be the key items to measure the 2000. A significant part of complaints raises alleged performance of Member States. mismanagement or lack of management of Natura 2000
By early 2016, 29.57% of the national land area of sites or specific protected features (species or habitats),
Slovakia is covered by Natura 2000 (EU average 18.1 %), in particular clearcutting of forest habitats in Natura with Birds Directive SPAs covering 26.83 % (EU average 2000, hunting of wolves
28 , lack of protection of particular
12.3%) and Habitats Directive SCIs covering 11.95 % (EU bird species, etc.
average 13.8 %). There are 514 Natura 2000 sites in Slovak Natura 2000 sites are managed by land owners
Slovakia - 41 SPAs and 473 SCIs.
Natura 2000 is considered integrated into the national 25 For each Member State, the Commission assesses whether the system of protected areas, which provides for species and habitat types on Annexes I and II of the Habitats
conservation measures for Natura 2000 sites because of Directive, are sufficiently represented by the sites designated to
a high overlap between Natura 2000 and nationally date. This is expressed as a percentage of species and habitats for which further areas need to be designated in order to complete the
protected areas. The same Act on Nature and Landscape network in that country. The current data , which were accessed in
Protection, governs both networks (Act 543/2002 Coll as 2014-2015, reflect the situation up until December 2013.
amended). 26 The percentages in Figure 5 refer to percentages of the total number
of assessments (one assessment covering 1 species or 1 habitat in a given biographical region with the Member State); if a habitat type or a species occurs in more than 1 Biogeographic region within a given
24 Sites of Community Importance (SCIs) are designated pursuant to the Member State, there will be as many individual assessments as there
Habitats Directive whereas Special Areas of Protection (SPAs) are are Biogeographic regions with an occurrence of that species or designated pursuant to the Birds Directive; figures of coverage do habitat in this Member State.
not add up due to the fact that some SCIs and SPAs overlap. Special 27 European Commission, internal assessment. Areas of Conservation (SACs) means a SCI designated by the Member 28 http://domov.sme.sk/c/20374539/lesoochranarom-sa-nepaci-plan States. lovu-vlka-obratili-sa-na-brusel.html
Slovakia 10
and users, scientific/methodical support and in some Only 5 % and 1.7 % of the unfavourable assessments sites also management is provided by the Slovak State respectively for species and habitats were showing a Nature Conservancy. The Slovak Ministry of the positive trend in 2013. Environment bears the overall responsibility for Natura
2000 in Slovakia. In addition to the sites designated by A comparison of the results of Article 17 reports shows the state administration bodies there are also 2 private an overall improvement as concerns knowledge of data protected areas (designated by the Wolf Forest and a considerable improvement as concerns the Conservation Association) and 2 municipal protected conservation status of habitats. While in the period of
areas 2007-2012 the conservation status of 6 habitat types and 60 species was found unknown in 2001-2006 it was 11
Figure 6: Conservation status of habitats and species in habitat types and 103 species. According to the official
Slovakia in 2007/2013 (%) 29 report submitted under Article 12 of the Birds Directive 33 ,
76 % of the breeding species showed short-term increasing or stable population trends (for wintering species this figure was 69 %) as shown in Figure 7.
Figure 7: Short-term population trend of breeding and
wintering bird species in Slovakia in 2012 (%) 34
As regards the management of forest and support from According to the latest report on the conservation status EU funds, Slovak NRDP 2014-2020 includes the measure of habitats and species covered by the Habitats on prevention of risk of forest fires which according to Directive 30 , 38.6 % of the habitats' biogeographic the ECA finding were misused in the period 2007-2013.
assessments were favourable in 2013 (EU27: 16 %). To overcome the problem, new delineation of areas at
Furthermore, 44 % are considered to be unfavourable– medium and high risk of forest fires was proposed 35 , inadequate 31 (EU27: 47 %) and 12 % are unfavourable – however without any robust methodology behind this.
bad (EU27: 30 %). As for the species, 20 % of the
assessments were favourable in 2013 (EU27: 23 %) 41 % Almost 41 % of the total area of Slovakia is afforested at unfavourable-inadequate (EU27: 42 %) and 20 % (the EU average is 42 %); while around 48% of the forest unfavourable-bad status (EU27: 18 %). This is depicted in overlaps with Natura2000. This generates contradictions
Figure 6 32 . between different approaches in the forest management which was identified as one of the three most important
29 These figures show the percentage of biogeographical assessments in each category of conservation status for habitats and species (one
assessment covering 1 species or 1 habitat in a given biographical by the 2007 reporting cycle, that the ‘unknown’ assessments have region with the Member State), respectively. The information is strongly diminished particularly for species, and that some reported based on Article 17 of the Habitats Directive reporting - national changes are not genuine as they result from improved data / summary of Slovakia monitoring methods.
30 The core of the ‘Article 17’ report is the assessment of conservation 33 Article 12 of the Birds Directive requires Member States to report status of the habitats and species targeted by the Habitats Directive. about the progress made
31 Conservation status is assessed using a standard methodology as 34 Article 12 Birds Directive reporting - national summary of Slovakia being either ‘favourable’, ‘unfavourable-inadequate’ and 35 The fire protection forest roads are eligible only for investments in ‘unfavourable-bad’, based on four parameters as defined in Article 1 sections which are needed to be linked to the existing forest roads of the Habitats Directive. network, and reconstruction of forest roads network are to be
32 Please note that a direct comparison between 2007 and 2013 data is considered, based on the principles of cost-effectiveness and complicated by the fact that Bulgaria and Romania were not covered sustainability. It would be subject to the further analysis
Slovakia 11
challenges for the environment in Slovakia 36 . The community interest to a favourable conservation status
intensity of the forest exploitation according to certain across their natural range.
indicators was growing during the last decade and the • Strengthen capacity building in order to improve
clear cutting is heavily used. The majority of the forest management of Natura 2000 sites and species belongs to the state but some parts are privately owned protection regimes and to ensure full integration with and managed e.g. by NGOs. The management of the other policies and their associated funds. Strengthen state forest follows the Forest Management Plans communication with stakeholders.
focusing on the production function of the forest. As • Ensure the sustainable forest management and regards the health of forest, though the trend has promote efficient use of biomass.
stabilised since the 90s, the weakened ecosystems
stability over decades caused that forest ecosystems Estimating Natural Capital
have suffered from strong storms (such as Ticha and
Koprova valleys in High Tatras in 2004). The EU Biodiversity Strategy to 2020 calls on the Member States to map and asses the state of ecosystems and
Thanks to this relatively high share of forests, Slovakia is their services in their national territory by 2014, assess promoting the use of biomass through EU funds as the the economic value of such services, and promote the contribution to the renewable policy objectives. integration of these values into accounting and reporting However, the sustainable use of (woody) biomass is of a systems at EU and national level by 2020.
concern in certain regions of Slovakia due to the cutting
and burning high quality wood for energy purposes. 37 Activities are ongoing on mapping and assessment of
Trends already shows that the forest stock and landscape ecosystems and their services
39 at local/regional levels
features in the urban areas and around rivers and roads (assessment of ecosystem services for selected are being depleted. In order to prevent further ecosystems have been performed in four national parks – deterioration, Slovakia was asked to elaborate an analysis Slovenský raj, Tatra, Veľká Fatra and Muránska planina). for sustainable use of biomass sources in the context of According to the Action Plan for the implementation of EU funding 38 . Unlawful use of quality wood for the the updated National Biodiversity Strategy to 2020,
purpose of biomass combustion was also reported. Slovakia is to develop a methodology for the assessment of ecosystem services and implement it in model areas in
2016, with a view to a national assessment in 2018 and a national report with related communication events in 2019.
Suggested action
• Continue working and provide government support to the mapping and assessment of ecosystems and their services, valuation and development of natural capital accounting systems.
Green Infrastructure
Suggested action The EU strategy on green infrastructure 40 promotes the
• Complete the Natura 2000 designation process and put incorporation of green infrastructure into related plans in place clearly defined conservation objectives and the and programmes to help overcome fragmentation of necessary conservation measures for the sites and habitats and preserve or restore ecological connectivity, provide adequate resources for their implementation enhance ecosystem resilience and thereby ensure the in order to maintain/restore species and habitats of continued provision of ecosystem services.
Green Infrastructure provides ecological, economic and
36 The Institute of the environmental policy in Slovakia: The three most social benefits through natural solutions. It helps to
important challenges for the environment in Slovakia understand the value of the benefits that nature provides
37 According to SK authorities, there is a need for harmonisation of EU to human society and to mobilise investments to sustain
energy, water and biodiversity policies.
38 OP Quality of Environment and the Rural Development Programme and enhance them.
contain provision to prepare Criteria for the sustainable use of the
biomass in the regions of Slovakia will be prepared at the national A number of projects have been designed to restore
level before granting any support for use of biomass. The document was presented in September 2016, however the stakeholders
criticised the analysis when it comes to the existing stock of woody 39 Ecosystem services are benefits provided by nature such as food,
biomass and calculation of its future potential as it significantly clean water and pollination on which human society depends. diffesr to other sources, please see: 40 European Union, Green Infrastructure — Enhancing Europe’s Natural http://www.ekoforum.sk/peticia/biomasa Capital, COM/2013/0249
Slovakia 12
ecosystems - for example, grasslands, saltmarshes and systems and infrastructure. It may itself be split between wetlands. However, these are rather individual actions, built-up areas (buildings) and non-built-up areas (such as and a strategic policy framework still needs to be linear transport networks and associated areas).
developed. The annual land take rate (growth of artificial areas) as
A National programme for small scale projects Land provided by CORINE Land Cover was 0.40% in Slovakia
Revitalisation and Integrated River Basin Management over the period 2006-12, around the EU average (0.41%). was implemented in 2010-2012. However, the It represented 1147 hectares per year (in the period 2000 programme was cancelled by the subsequent – 2006 it was 486 hectares) mainly driven by industrial Government without robust evaluation of its impact. and commercial sites, as well as housing, services and
Support of green infrastructure type of projects from EU recreation
41 .
funds was inadequate so far. Despite that these were The percentage of built up land in 2009 was 2.54 %,
eligible in PP 2007-2013, no project was co-financed over below the EU average (3.23 %) 42 . The soil water erosion
the whole period and funds were reallocated towards the rate in 2010 was 2.18 tonnes per ha per year, close to
end of programming period to flood risk management EU28 average (2.46 tonnes). 43
and the response capacity. PP 2014-2020 provides for
support to green measures again. There are still no EU-wide datasets enabling the provision of benchmark indicators for soil organic matter decline,
Barriers to the effective integration of green contaminated sites, pressures on soil biology and diffuse infrastructure include limited understanding of pollution. An updated inventory and assessment of soil ecosystems, lack of data and information on benefits, protection policy instruments in Slovakia and other EU planning weaknesses, poor use of integrated spatial Member States is being performed by the EU Expert planning processes and conflicts with economic and Group on Soil Protection. Figure 8 shows the concise development interests. characterization of land cover changes in Slovakia in
2012.
Soil protection Figure 8: Land Cover types in Slovakia in 2012 44
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource
Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.
SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and 41
increases fragmentation of habitats. Soil protection is European Environment Agency Draft results of CORINE Land Cover (CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006
indirectly addressed in existing EU policies in areas such artificial land. as agriculture, water, waste, chemicals, and prevention 42 European Environment Agency, 2016. Imperviousness and
of industrial pollution. imperviousness change 43 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016
Artificial land cover is used for settlements, production 44 European Environment Agency, Land cover 2012 and changes country
analysis [publication forthcoming].
Slovakia 13
-
3.Ensuring citizens' health and quality of life
Air quality quality legislation 45 , which establishes health-based
standards and objectives for a number of air pollutants.
The EU Clean Air Policy and legislation require that air As part of this, Member States are also required to
quality in the Union is significantly improved, moving
closer to the WHO recommended levels. Air pollution ensure that up-to-date information on ambient concentrations of different air pollutants is routinely
and its impacts on ecosystems and biodiversity should be made available to the public. In addition, the National
further reduced with the long-term aim of not exceeding
critical loads and levels. This requires strengthening Emission Ceilings Directive provides for emission reductions at national level that should be achieved for
efforts to reach full compliance with Union air quality main pollutants.
legislation and defining strategic targets and actions
beyond 2020. The emission of several air pollutants has decreased significantly in Slovakia 46 . Reductions between 1990 and
The EU has developed a comprehensive suite of air 2014 47 for sulphur oxides (-91%), ammonia (-43%), non
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
45 European Commission, 2016. Air Quality Standards 46 See EIONET Central Data Repository and Air pollutant emissions data
47 2013 is used as a reference period for all MSs
Slovakia 14
methane volatile organic compounds (-15%) as well as Suggested action
nitrogen oxides (-63%) ensure air emissions for these
pollutants are within the currently applicable national • Maintain downward emissions trends of air pollutants
emission ceiling 48 . in order to achieve full compliance with air quality limit values - and reduce adverse air pollution impacts on
At the same time, air quality in Slovakia continues to give health, environment and economy. cause for concern. For the year 2013, the European • Reduce nitrogen oxide (NO x ) emissions to comply with Environment Agency estimated that about 5 620 currently applicable national emission ceilings 55 and/or premature deaths were attributable to fine particulate to reduce nitrogen dioxide (NO 2 ) (and ozone
matter 49 concentrations, and 200 to ozone concentrations), inter alia, by reducing transport concentration 50 . 51 This is due also to exceedances above related emissions - in particular in urban areas. the EU air quality standards such as shown in Figure 9 52 . • Reduce PM 10 emission and concentration, inter alia, by For 2014, the Slovak authorities have communicated reducing emissions related to energy and heat exceedances above EU air quality standards that have generation using solid fuels, to transport and to been registered for nitrogen dioxide (NO 2 ) and agriculture.
particulate matter (PM 10 ) in several air quality zones.
Furthermore, the target values and long-term objectives
regarding ozone concentrations are exceeded in two air Noise
quality zones. 53 The Environmental Noise Directive provides for a
The persistent breaches of air quality requirements (for common approach for the avoidance, prevention and
PM reduction of harmful effects due to exposure to 10 and NO 2 ), which have severe negative effects on health and environment, are being followed up by the environmental noise.
European Commission through infringement procedures Excessive noise is one of the main causes of health
covering all the Member States concerned, including issues 56 . To alleviate this, the EU acquis sets out several
Slovakia. The aim is that adequate measures are put in requirements, including assessing the exposure to place to bring all zones into compliance. environmental noise through noise mapping, ensuring
It has been estimated that the health-related external that information on environmental noise and its effects is costs from air pollution in Slovakia are above EUR 3 made available to the public, and adopting action plans billion/year (income adjusted, 2010), which include not with a view to preventing and reducing environmental only the intrinsic value of living a full health life but also noise where necessary and to preserving the acoustic direct costs to the economy. These direct economic costs environment quality where it is good.
relate to 1.3 million workdays lost each year due to Slovakia's implementation of the Environmental Noise
sickness related to air pollution, with associated costs for Directive 57 is significantly delayed. The noise mapping for
employers of EUR 123 million/year (income adjusted, the most recent reporting round, for the reference year
2010), for healthcare of above EUR 10 million/year 2011, is only 50% complete for agglomerations and 28%
(income adjusted, 2010), and for agriculture (crop losses) for major roads. The noise mapping for major railways is of EUR 35 million/year (2010). 54 complete. Action plans for noise management in the
current period have been adopted for only 25% of major roads. Action plans for agglomerations and major
48 The current national emission ceilings apply since 2010 ( Directive railways have not been completed. The Commission
2001/81/EC ); revised ceilings for 2020 and 2030 have been set by contacted the Slovakian authorities with regard to the Directive (EU) 2016/2284 on the reduction of national emissions of missing noise maps and action plans, and continues to
certain atmospheric pollutants, amending Directive 2003/35/EC i and
repealing Directive 2001/81/EC i. follow up on the situation.
49 Particulate matter (PM) is a mixture of aerosol particles (solid and
liquid) covering a wide range of sizes and chemical compositions. Suggested action
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
micrometres or less. PM is emitted from many anthropogenic 55 Under the provisions of the revised National Emission Ceilings
sources, including combustion. Directive, Member States now may apply for emission inventory 50 Low level ozone is produced by photochemical action on pollution adjustments. Pending evaluation of any adjustment application,
and it is also a greenhouse gas Member States should keep emissions under close control with a
51 European Environment Agency, 2016. Air Quality in Europe – 2016 view to further reductions.
Report . (Table 10.2, please see details in this report as regards the 56 WHO/JRC, 2011, Burden of disease from environmental noise, underpinning methodology). Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
52 Based on European Environment Agency, 2016. Air Quality in Europe World Health Organization, Regional Office for Europe , Copenhagen,
– 2016 Report . (Figures 4.1, 5.1 and 6.1) Denmark
53 See The EEA/Eionet Air Quality Portal and the related Central Data 57 The Noise Directive requires Member States to prepare and publish,
Repository every 5 years, noise maps and noise management action plans for 54 These figures are based on the Impact Assessment for the European agglomerations with more than 100,000 inhabitants, and for major
Commission Integrated Clean Air Package (2013) roads, railways and airports.
Slovakia 15
• Complete noise mapping and action plans for noise artificial water bodies achieve a high or ecological management and use them in planning praxis potential. 96% of surface water bodies, 72% of heavily modified and artificial water bodies and 61% of
Water quality and management groundwater bodies achieve good chemical status
62
(while the status of 26% is unknown 63 ). 69% of
The EU water policy and legislation require that the groundwater bodies (26% unknown) are in good
impact of pressures on transitional, coastal and fresh quantitative status 64 . waters (including surface and ground waters) is Slovakia identified that organic pollution, nutrients significantly reduced to achieve, maintain or enhance pollution, pollution by hazardous substances from both good status of water bodies, as defined by the Water diffuse 65 and point sources, and hydromorphological Framework Directive; that citizens throughout the Union alterations are the main causes of non-attainment of benefit from high standards for safe drinking and bathing good status.
water; and that the nutrient cycle (nitrogen and
phosphorus) is managed in a more sustainable and The Slovak RBMPs have some deficiencies that result in resource-efficient way. uncertainties about the status and effectiveness of
Programmes of Measures. In particular there are
SDG 6 encourages countries to ensure availability and weaknesses in monitoring, methodologies for status sustainable management of water and sanitation for all. assessment and the link between pressures and The main overall objective of EU water policy and Programmes of Measures. 66 A number of exemptions
legislation is to ensure access to good quality water in were applied. The planned measures are expected to sufficient quantity for all Europeans. The EU water result in improvement of chemical status of surface acquis 58 seeks to ensure good status of all water bodies water bodies by 4%. The measures should also bring across Europe by addressing pollution sources (from e.g. improvement of ecological potential of artificial and
agriculture, urban areas and industrial activities), physical heavily modified water bodies 67 by 2% and chemical
and hydrological modifications to water bodies) and the status by 28%. The quantitative status of groundwater is management of risks of flooding. expected to improve by 5%.
River Basin Management Plans (RBMPs) are a Slovakia has designated around 30% of the territory as requirement of the Water Framework Directive and a Nitrate Vulnerable Zone. The action programme has means of achieving the protection, improvement and differentiated measures per areas depending of farming sustainable use of the water environment across Europe. restrictions that apply. Discussions on the This includes surface freshwaters such as lakes and rivers, implementation of the Directive are on-going between groundwater, estuaries and coastal waters up to one the Commission and Slovakia in the context of an nautical mile. infringement procedure launched in 2012. A recent Court
of Auditors report "Danube river basin II: Quality of
Slovakia has provided information to the Commission water" 68 stated there is a lack of ambition in the Member from its second generation of RBMPs. However, as the States concerned including Slovakia to address causes of Commission has not yet been able to validate this pollution. It stated that Member States are not using all
information for all Member States, it is not reported here.
In its first generation of RBMPs 59 under the WFD the characteristics and the chemical characteristics. 62
Slovak Republic reported the status of 1760 surface Good chemical status is defined in the Water Framework Directive referring to compliance with all the quality standards established for
water bodies 60 and 101 groundwater bodies. 65% of chemical substances at European level.
natural surface water bodies achieve a good or high 63 According to SK authorities, out of 101 groundwater bodies 26 bodies
ecological status 61 and only 42% of heavily modified or have been identified as geothermal water bodies/geothermal
structures with a deep circulation of ground waters (their aquifers outside discharge area are at the depth of 200 – 500 meters) for
58 This includes the Bathing Waters Directive (2006/7/EC); the Urban which their chemical and quantitative status was not assessed
Waste Water Treatment Directive (91/271/EEC) concerning 64 For groundwater, a precautionary approach has been taken that
discharges of municipal and some industrial waste waters; the comprises a prohibition on direct discharges to groundwater, and a Drinking Water Directive (98/83/EC) concerning potable water requirement to monitor groundwater bodies. quality; the Water Framework Directive (2000/60/EC) concerning 65 Diffuse pollution comes from widespread activities with no one
water resources management; the Nitrates Directive (91/676/EEC) discrete source. and the Floods Directive (2007/60/EC) 66 Disclaimer: "According to the SK authorities, a large part of
59 Disclaimer: "According to SK authorities, the percentage of deficiencies/uncertainties identified in the 1 st RBMPs have been groundwater bodies (GWBs) achieving good chemical status raised to addressed in the 2 nd RBMPs"
82,7%, as well as the % of GWBs in good quantitative status stands 67 Many European river basins and waters have been altered by human now at 93,3%." activities, such as land drainage, flood protection, and, building of
60 In the 1st RBMPs SK reported only rivers as surface water bodies dams to create reservoirs
61 Good ecological status is defined in the Water Framework Directive 68 25/1/2016: referring to the quality of the biological community, the hydrological http://www.eca.europa.eu/en/Pages/DocItem.aspx?did=35001
Slovakia 16
the possibilities offered by the Nitrates Directive collected was subject to more stringent treatment. 73 The
As regards drinking water, Slovakia reaches very high Commission is following-up on the above-mentioned compliance rates of 99.52% % for microbiological, 100 % non-compliance by means of a pilot exchange.
for chemical, and 99.4% for indicator parameters laid Figure 11 shows the total generated load at Member
down in the Drinking Water Directive 69 . More than 80% State level (in population equivalent and regardless of
of drinking water sources in Slovakia are underground, agglomerations) and the load that remains to be and are concentrated in the south- western part of addressed by Slovakia.
Slovakia (Zitny ostrov belongs to the biggest sources of
drinking water in Central Europe). 70 There are several The estimated investment needs (reported by Slovakia
pressures. under Article 17 of the Urban Waste Water Treatment Directive) to reach full compliance with the Directive in
As shown in Figure 10, in 2015 in Slovakia, out of 33 are of 807 MEUR 74 . The Majority of investments are
bathing waters, 48.5 % were of excellent quality, 30.3% supported by EU funds due to the limited availability of of good quality, 3.0% of sufficient quality. 1 bathing sources at the national level. This has been reported as waters was of poor quality or non- compliant while it was distorting element in setting the balanced water pricing not possible to assess the remaining 5 bathing waters policy.
because of their reconstruction. 71 The figure shows a
decrease of bathing waters having excellent quality.
Figure 11: Urban waste water Slovakian situation 2012 –
Final deadline 2015 75
Figure 10: Bathing water quality 2012 – 2015 72
With regard to the implementation of the Urban Waste Flood risk areas have started to been identified and
Water Treatment Directive, in accordance with its mapped in the Slovak Republic in the context of Flood
Accession treaty, Slovakia had until 31 December 2015 to Risk Management and the Plans were prepared together
comply, with a number of transitional deadlines in 2004, with 2 nd RBMPs. Slovak Republic was hit by flooding
2008 and 2010. In 2012, all agglomerations due to incidents with serious economic damage costs for last comply with Article 3 (collection of waste water) met the time in 2013 (total direct costs estimated for 24 floods requirements of the Directive. 97.9% of the waste water recorded between 2002 and 2013 is EURO 790 mill.)
load collected was subject to secondary treatment in
accordance with Article 4 of the Directive. However, as 73 European Commission, Eighth Report on the Implementation Status
regards Article 5, only 43.3 % of the waste water load and the Programmes for Implementation of the Urban Waste Water
Directive (COM (2016)105 final) and Commission Staff Working Document accompanying the report (SWD(2016)45 final ).
69 Commission's Synthesis Report on the Quality of Drinking Water in 74 European Commission, Eighth Report on the Implementation Status the Union examining Member States' reports for the 2011-2013 and the Programmes for Implementation of the Urban Waste Water period, foreseen under Article 13(5) of Directive 98/83/EC i; Directive (COM (2016)105 final) and Commission Staff Working
COM(2016)666 i Document accompanying the report (SWD(2016)45 final ).
70 https://www.minzp.sk/oblasti/voda/ 75 European Commission, 2016 . Urban waste water, 8th implementation
71 European Environment Agency, 2016. European bathing water quality reports . Note: graph illustrates the distance to compliance (is not
in 2015 , p. 26 based on the legal compliance assessment methodology) while the
72 European Environment Agency, State of bathing water , 2016 text above graph refers to the legal compliance with UWWTD.
Slovakia 17
Management and prevention of floods is an area where opportunities and efficiency gains in the use of resources. potentially more economical nature-based solutions
could improve resource efficiency through reducing costs The Member States, European institutions, cities and and delivering multiple benefits. In its 2014-20 stakeholders have prepared a new Urban Agenda for the operational programmes the Slovak Republic is planning EU (incorporating the Smart Cities initiative) to tackle to invest also in nature-based solutions. However, their these issues in a comprehensive way, including their effectiveness can be contradicted by the recent plans to connections with social and economic challenges. At the invest in grey infrastructure projects in the context of heart of this Urban Agenda will be the development of
national Strategy to fight with climate change. twelve partnerships on the identified urban challenges, including air quality and housing 79 .
Suggested action 76 The European Commission will launch a new EU
• Slovakia should do a more detailed assessment of benchmark system in 2017 80 .
pressures and improve monitoring in order to know the status of water bodies and design effective Programmes of Measures.
• The assessment methods should improve to provide more certainty about the water status. Programmes of Measures should cover all identified pressures and implementation gaps and should be adequately funded and should take into account the conclusions of the
Court of Auditors report 77 . • New physical modifications of water bodies (including
anti-flood measures) should be assessed in line with article 4(7). In these assessments alternative options and adequate mitigation measures have to be considered. This is particularly relevant for new dams (like Slatinka, Tichy potok, Sered-Hlohovec) planned outside the intervention logic of Water Framework Directive decades ago or small hydropower stations (like on river Hron). Similar concerns apply to drainage channels maintenance and development.
• Slovakia should improve its water pricing policy based on an analysis of environmental and resource costs and covering a broad range of water services.
Enhancing the sustainability of cities
The EU Policy on the urban environment encourages cities to implement policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity The EU stimulates green cities through awards and conservation. funding, such as the EU Green Capital Award aimed at
SDG11 aims at making cities and human settlements cities with more than 100,000 inhabitants and the EU
inclusive, safe, resilient and sustainable. Green Leaf initiative aimed at cities and towns, with between 20,000 and 100,000 inhabitants.
Europe is a Union of cities and towns; around 75% of the
EU population are living in urban areas. 78 The urban Some local initiatives such as Agenda 21 were established environment poses particular challenges for the in the past; however the institutional support is very environment and human health, whilst also providing weak.
76 st Suggested actions are based on the EC assessment of 1 round of
RBMPs. 79 http://urbanagendaforthe.eu/ 77 Disclaimer: According to SK authorities, implementation of Nitrate 80 The Commission is developing an Urban Benchmarking and
Directive should be improved by amendments to Act No 136/2000 Monitoring ('UBaM') tool to be launched in 2017. Best practices Coll. on fertilizers, as amended, in force as of 1 January 2016. EC has emerge and these will be better disseminated via the app featuring not validated yet this information. the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
78 European Environment Agency, Urban environment Committee of the Regions, Covenant of Mayors and others.
Slovakia 18
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.
International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements
(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
Slovakia has signed and ratified almost all MEAs. It has signed but not yet ratified the MARPOL Annex VI on
Prevention of Air Pollution from Ships.
Slovakia 19
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful practice scenario 83 , the amount could be as much as EUR
subsidies 0.69 billion in 2018, rising to EUR 1.46 billion in 2030 (both in real 2015 terms). This is equivalent to an
The Circular Economy Action Plan encourages the use of additional 0.78% and 1.10% of GDP in 2018 and 2030, financial incentives and economic instruments, such as respectively. The biggest share could potentially come taxation to ensure that product prices better reflect from increasing vehicle taxation, which will also serve as environmental costs. The phasing out of environmentally the means to influence the environmental performance harmful subsidies is monitored in the context of the of vehicles in use in future. Suggested increase in vehicle European Semester and in national reform programmes taxes could account for EUR 0.64 billion in 2030 (real submitted by Member States. 2015 terms), equivalent to 0.49% of GDP.
Taxing pollution and resource use can generate increased The next largest potential contribution to revenue comes revenue and bring important social and environmental from the proposed amendments to the taxes on benefits. transport fuels. This accounts for EUR 0.41 billion in 2030
In 2014, environmental taxes amounted to 1.79% of GDP (real 2015 terms),
and remain much below the early 2000 (2.45% in 2004). Figure 12: Environmental tax revenues as a share of total
The largest proportion of environmentally-related revenues from taxes and social contributions (excluding taxation in 2014 was from energy taxes, which generated imputed social contributions) in 2014 84
revenue equivalent to 1.48% of GDP (EU average 1.88%).
The implicit tax rate on energy is one of the lowest in the
EU (108 vs 234 EU28 average). Taxes on transport (excl. transport fuels) accounted for 0.21% of GDP, whilst taxes on pollution and resources accounted for just 0.03% of
GDP. The support to production of electricity from low quality brown coal extracted in Slovakia is an example of
environmentally harmful subsidies 81 .
In the same year environmental tax revenues accounted for 5.77% (up from 5.72%) of total revenues from taxes and social-security contributions (EU28 average: 6.35%) as depicted in Figure 12.
The headline figures from the 2016 study 82 suggest that
there is considerable potential for shifting taxes from labour to environmental taxes in Slovakia. Under a good
81 The issue has attracted attention at the end of 2016 when one the
blocks of the Novaky thermal power, shut down on 1 January 2016 due to the non-compliance with emission limits, has resumed service. The production of electricity from domestically produced lignite from Novaky´s mine is heavily subsidised in Slovakia (cca 100 mil. annually paid by electricity consumers in form of feed-in tariff) while being the second biggest emitter of GHG in Slovakia.
82 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016. Study on Assessing the Environmental Fiscal Reform Potential for the EU28. N.B. National governments are responsible for setting tax rates within the EU Single Market rules and this report is not suggesting concrete changes as to the level of environmental taxation. It merely presents the findings of the 2016 study by Eunomia et al on the potential benefits various environmental taxes could bring. It is then for the national authorities to assess this study
and their concrete impacts in the national context. A first step in this 83 The good practice scenario means benchmarking to a successful
respect, already done by a number of Member States, is to set up taxation practice in another Member State.
expert groups to assess these and make specific proposals. 84 Eurostat, Environmental tax revenues , accessed October 2016
Slovakia 20
2011-2015. 86 GPP criteria are not developed at the national level. However the EU GPP criteria 87 are
recommended for several product groups, like cleaning products and services, IT Office equipment, transport, copy and graphic paper, furniture, food and catering services, textiles, electricity, display device, garden
products and services, and construction. 88 The target was
to achieve 65 % of GPP at central government level by the end of 2015, and 50 % of GPP for regional and local
level by the end of 2015. 89,90 NAP 2011-2015 (NAP GPP II)
will be replaced by NAP GPP III (2016-2020).
Slovak authorities monitored the uptake of GPP policies
in 2009 and 2010 91 and 2015 92 .
Investments: the contribution of EU funds
European Structural and Investment Funds Regulations provide that Member States promote environment and climate objectives in their funding strategies and programmes for economic, social and territorial cohesion, rural development and maritime policy, and reinforce the capacity of implementing bodies to deliver cost-effective and sustainable investments in these areas.
Making good use of the European Structural and
Investment Funds (ESIF) 93 is essential to achieve the
environmental goals and integrate these into other policy areas. Other instruments such as the Horizon 2020, the
equivalent to 0.31% of GDP Low implicit tax rate on LIFE programme and European Fund for Strategic energy and lower than average energy taxes share in GDP Investment 94 (EFSI) may also support implementation indicate that there is a scope to increase taxation levels and spread off best practice.
in energy: diesel fuel is taxed much lower than petrol
(both in per volume and in per energy content).
86 European Commission, 2015. Documentation on National GPP Action
Green Public Procurement 87 In the Communication “Public procurement for a better environment”
(COM /2008/400) the Commission recommended the creation of a
The EU green public procurement policies encourage process for setting common GPP criteria. The basic concept of GPP
Member States to take further steps to reach the target relies on having clear, verifiable, justifiable and ambitious
of applying green procurement criteria to at least 50% of environmental criteria for products and services, based on a life-cycle approach and scientific evidence base.
public tenders. 88 PwC (2015), Final report "Strategic use of public procurement in
Green Public Procurement (GPP) is a process whereby promoting green, social and innovative policies
89
public authorities seek to procure goods, services and European Commission, 2015. Documentation on National GPP Action
works with a reduced environmental impact throughout Plans 90 PwC (2015), Final report "Strategic use of public procurement in
their life-cycle when compared to goods, services and promoting green, social and innovative policies
works with the same primary function that would 91 CEPS (2012), “Monitoring the Uptake of GPP in the EU” In 2010, green
otherwise be procured. tenders represented 10% of the sample in terms of number of contracts, and 51% in terms of monetary value. In 2009, green
The purchasing power of public procurement equals to tenders represented 11% of the sample in terms of number of
approximately 14% of GDP 85 . A substantial part of this contracts, and 28% in terms of monetary value 92 The results from 2015 reached 20,7% green tenders from all
money is spent on sectors with high environmental tendering procedures in terms of number of contracts and 25,8% in impact such as construction or transport, so GPP can help terms of monetary value.
to significantly lower the impact of public spending and 93 ESIF 2014-2020 comprises five funds – the European Regional
foster sustainable innovative businesses. Development Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), the European Agricultural Fund for Rural
A National Action Plan (NAP) was in place for the period Development (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF and the ESF together form the
Cohesion Policy funds.
85 European Commission, 2015. Public procurement 94 EIB: European Fund for Strategic Investments
Slovakia 21
The funding allocation to Slovakia 95 for PP 2014-2020
(see Figure 13), in comparison to PP 2007-2013, increased by almost 14% to overall EURO 15,3 billion in terms of EU sources and by around 24% in terms of the total funding to overall 20,0 billion (mainly due to the growth of the national economy). The public investments are heavily dependent on the EU funds including the environmental sector. There is a lack of other public sources to support the implementation of environmental policies.
Number of programmes has decreased to 8 for ERDF, ESF and CF (plus RDP for EARDF and ETC OPs).
The main programme for implementation of environmental policies is Operational Programme Quality of Environment. It is planned that implementation of the programme will result inter alia in increasing the surface area of rehabilitated land by 452 hectares, increasing the surface area of habitats supported to attain a better conservation status by 20 131 hectares, enhancing waste recycling capacity by 197 466 tonnes/year and waste recovery capacity by 329 676 tonnes/year, increasing the population served by improved wastewater treatment by
212 411 persons, as well as implementing 390 green infrastructure elements, The programme is also expected
to contribute to the reduction of PM emission by 6 960 The general problem of EU programmes in Slovakia is tonnes/year and selected pollutant emissions by 38 083 with targeted use of funds, including environmental
tonnes/year. sector. Changes in the investment strategy of the OPE 2007-2013 were caused by the delays in project
Current data suggest that the EU funds for the 2007-2013 preparation in waste and water sectors and lack of
period were almost fully spent 96 . appropriate capacities in project design and preparation.
Figure 13: European Structural and Investment Funds This created a serious risk of a substantial funds
2014-2020: Budget Slovakia by theme, EUR billion 97 decommitment and resulted in several modification of programme. Another challenge is the integration of
environmental priorities. In on-going PP 2014-2020, this would largely depend on the progress in implementation in the programmes outside the Operational Programme Quality of Environment. However, more stringent regulatory and enforcement steps are needed leading to creation of credible plans to adopt measures designed by different strategies to this end.
The National Rural Development Program (NRDP) of
Slovakia, its EARDF part, amounts to EUR 1,560
million 98 . The budget for agri-environmental-climate
measure represents 6.8% of the total EAFRD and is one of the lowest percentages among the MSs.
Slovakia used option of transfer part of budget of Pillar II to Pillar I for direct payments (21.3% for allocations for every budgetary year 2015-2020, subject to
95 Sources: amendments).
EAFRD in 2007-2013 Contribution of RDP towards environmental objectives
EMFF in 2007-2013 inadequately covers the needs. Slovak NRDP includes
ERDF/CF/ESF/ EAFRD/EMFF in 2014-2020 only two measures for support of biodiversity (apart from
96 Final data for the period 2007-2013 will only be available at the end
of 2017. agri-environment-climate measure), namely Natura 2000
97 European Commission, European Structural and Investment Funds
Data By Country 98 May 2015
Slovakia 22
compensation measure and forest-environment measure, with rather limited allocation. Around half of the contribution accounted under environmental objectives is related to the measure on natural constraints (however, as in other MSs, no conditions are linked to this measure).
Some of the needs such as cohabitation of rural areas and agriculture with large carnivores are out of the programme. On the other hand, reconstructing of drainage channels have been included in significant scope but with questionable benefits as well as fire forest prevention measures, which are problematic as
according to the ECA audit 99 .
With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas for Slovakia (as for all Member States) are relevant.
First, using Rural Development funds to pay for environmentally friendly land management and other environmental measures, and secondly, ensuring an effective implementation of the first pillar of the CAP with regard to cross compliance and 1st pillar - 'greening' where almost 30 % of direct payment envelope could be allocated to greening practices beneficial for the environment. An environmentally ambitious implementation of 1st pillar greening would clearly help to improve the environmental situation in areas not covered by rural development, including intensive area, and Slovakia still could make improvements in this
regards. 100
A critical review of the programming logic of the Rural
Development Programme (RDP) towards more environmental objectives and effective implementation of 'greening' is crucial for 2014-2020.
99 Special report no 24/2014: Is EU support for preventing and restoring damage to forests caused by fire and natural disasters well
managed? 100 For the purpose of greening implementation (Regulation (EU)
1307/2013) in 2015 Slovakia made it possible to use 10 as ecological focus areas (EFA), out of possible 19 elements. Neither use of fertilisers, nor use of plant protection products is allowed for EFA short rotation coppice. Soybean is eligible as EFA nitrogen fixing crop (thought there is divergence of views on its biodiversity benefits). 100% of Natura 2000 grasslands were designated as environmentally sensitive, 0 ha designated outside Natura 2000.
Slovakia 23
-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all Capacity to implement rules levels. SDG 17 aims at better implementation, improving It is crucial that central, regional and local policy coordination and policy coherence, stimulating administrations have the necessary capacities and skills science, technology and innovation, establishing and training to carry out their own tasks and co-operate partnerships and developing measurements of progress. and co-ordinate effectively with each other, within a
Effective governance of EU environmental legislation and system of multi-level governance.
policies requires having an appropriate institutional Administrative capacities are in general not sufficient and framework, policy coherence and coordination, applying the enforcement of the environmental laws and policies legal and non-legal instruments, engaging with nonis suffering in long-term run from turn-over with every governmental stakeholders, and having adequate levels election round. Water management sector suffers from
of knowledge and skills 101 . Successful implementation weak administrative capacities for example.
depends, to a large extent, on central, regional and local
government fulfilling key legislative and administrative The responsibility for environmental matters lies with the tasks, notably adoption of sound implementing Ministry of Environment or Regional Authorities. Local legislation, co-ordinated action to meet environmental authorities are typically responsible for sectorial policies, objectives and correct decision-making on matters such like waste management, which is a source of tension. The as industrial permits. Beyond fulfilment of these tasks, Ministry has also general supervisory and controlling government must intervene to ensure day-to-day role.
compliance by economic operators, utilities and In 2013, a partial public administration reform took place individuals ("compliance assurance"). Civil society also which resulted in creation of integrated local bodies, has a role to play, including through legal action. To district offices, to which the powers and responsibilities underpin the roles of all actors, it is crucial to collect and of regional environmental offices, regional bodies for share knowledge and evidence on the state of the transportation and forestry management, and regional environment and on environmental pressures, drivers cadastral offices was transferred to. While there is no and impacts. evaluation of the impact of this partial reform available a
Equally, effective governance of EU environmental risk of loss of skills was reported.
legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The Make it Work initiative, a Member State driven project, established in 2014, organizes a discussion on how the clarity, coherence and structure of EU environmental legislation can be improved without lowering existing protection standards.
Effective governance within central, regional
and local government The ownership of environmental agenda is weak, prevailed by social topics. Environmental authorities are
Those involved in implementing environment legislation subject to numerous pressures. 102 While the
at Union, national, regional and local levels need to be environmental legislation is relatively strict, their equipped with the knowledge, tools and capacity to enforcement is low.
improve the delivery of benefits from that legislation,
and the governance of the enforcement process. Public trust in and among administrative levels is low.
There are approx. 25 environmental NGOs in Slovakia operating at national or local level, organised since 2007 in an open network "Ekoforum", while several of these
102 The corruption level and its trend, including the public 101 The Commission has work ongoing to improve the country-specific administration, is of concern in Slovakia as highlighted by the EU
knowledge about quality and functioning of the administrative Semester - Country Specific Recommendations 2014 and 2015 and systems of Member States. The 2016 EU Justice Scoreboard .
Slovakia 23
NGOs are also members of new "Green Coalition",
created in 2014. The Slovak environmental NGOs operate Coordination and integration
in generally unfavourable environment with a shortage of
financing. This is mirrored e.g. by a low number of the The Slovak Republic has a national SDP Strategy.
103 The
cases being addressed to the national courts in implementation of environmental policies is fragmented
environmental matters. by the competences allocation. Long-term thinking is often prevailed by political decisions.
Slovakia has an average number of infringements
concerning mainly non-conformity and bad-application of The transposition of the revised EIA Directive
104 will be
EU environmental acquis. The main shares of an opportunity to streamline the regulatory framework infringements are in water (29%), waste (21%) and on environmental assessments. The Commission impact (22%) sector (data of 2015). The gaps in encourages the streamlining of the environmental transposition of the EIA/SEA Directives were already assessments because this approach reduces duplication addressed by three infringement proceedings since the and avoids unnecessary overlaps in environmental Slovak accession into EU. This has an impact on the assessments applicable for a particular project. legality of the projects which fall under the EIA Directive Moreover, streamlining helps reducing unnecessary and were subject to the development consent administrative burden and accelerates decision-making,
procedures during this period. without compromising the quality of the environmental assessment procedure. The Commission has issued a
Slovakia adopted an amendment of the EIA law in April guidance document in 2016 105 regarding the setting up of
2015 in response to the second horizontal EIA coordinated and/or joint procedures that are infringement to avoid a risk of interruption of EU funds. simultaneously subject to assessments under the EIA This amendment introduced several changes to the Directive, Habitats Directive, Water Framework Directive, system established until then, like binding and and the Industrial Emissions Directive 106 .
appealable EIA Statement.
A pipeline of projects with old/pre-accession EIAs which
are to be co-financed in PP 2014-2020 still exist in Compliance assurance
transport sector and the compliance of these projects EU law generally and specific provisions on inspections, with the EU acquis has to be ensured by doing new EIAs other checks, penalties and environmental liability help where necessary. lay the basis for the systems Member States need to In some of the environmental cases where individuals or have in place to secure compliance with EU NGOs have gained access before the national courts over environmental rules. the past years, the Slovakian judges referred several Public authorities help ensure accountability of dutyrequests for preliminary rulings to the Court of Justice of holders by monitoring and promoting compliance and by the EU. This represented a valuable contribution to the taking credible follow-up action (i.e. enforcement) when development of EU environment law, since preliminary breaches occur or liabilities arise. Compliance monitoring rulings enable the Court of Justice to give a coherent can be done both on the initiative of authorities interpretation of the EU law. themselves and in response to citizen complaints. It can Environmental policy is traditionally linked to the involve using various kinds of checks, including planning instruments (territorial plans). These however inspections for permitted activities, surveillance for suffer from formalistic application of the strategic possible illegal activities, investigations for crimes and environmental assessment. Slovakia has in place a multiaudits for systemic weaknesses. Similarly, there is a range stage development consent system, in which the EIA of means to promote compliance, including awarenessprocess is followed by the zoning decisions and building raising campaigns and use of guidance documents and permit stages. There are discussions on-going for last online information tools. Follow-up to breaches and decades on the complete reform of permitting system, liabilities can include administrative action (e.g.
(based on 1976 Construction Act, amended for numerous
times since then), however these have not materialised 103 http://www.minzp.sk/dokumenty/strategicke-dokumenty/
yet. 104 The transposition of Directive 2014/52 i/EU is due in May 2017
105
Suggested action European Commission, 2016. Commission notice — Commission guidance document on streamlining environmental assessments
• Improve the application of EIA and SEA as important conducted under Article 2(3) of the Environmental Impact Assessment Directive (D irective 2011/92/EU of the European
tools to ensure environmental integration. Parliament and of the Council, as amended by Directive 2014/52 i/EU).
106 European Commission, [forthcoming 2016]
Slovakia 24
withdrawal of a permit), use of criminal law 107 and action reviewed: use of risk-based compliance assurance;
under liability law (e.g. required remediation after coordination and co-operation between authorities and damage from an accident using liability rules) and participation in pan-European networks; and key aspects contractual law (e.g. measures to require compliance of implementation of the ELD based on the Commission's with nature conservation contracts). Taken together, all recently published implementation report and REFIT
of these interventions represent "compliance assurance" evaluation. 113
as shown in Figure 14. Over the last decade, Slovakia has made efforts to
Best practice has moved towards a risk-based approach improve its system of inspections of industrial facilities. at strategic and operational levels in which the best mix Some good practices have been identified in terms of of compliance monitoring, promotion and enforcement is compliance promotion activities and involvement of directed at the most serious problems. Best practice also NGOs in compliance assurance work. recognises the need for coordination and cooperation
between different authorities to ensure consistency, Risk-based approaches to target compliance assurance avoid duplication of work and reduce administrative work seem to be used only to a limited extent. Relevant burden. Active participation in established pan-European inspection plans are in place, which however are not networks of inspectors, police, prosecutors and judges, made publicly available
114 . Weaknesses have been
such as IMPEL 108 , EUFJE 109 , ENPE 110 and EnviCrimeNet 111 , identified concerning strategic planning and the is a valuable tool for sharing experience and good organisation and effectiveness of compliance assurance
practices. work in individual environmental policy subject-areas, e.g. concerning controls of water abstraction 115 and
Figure 14: Environmental compliance assurance concerning illegal killing of birds 116 .
Up-to-date information is lacking in relation to the following:
− data-collection arrangements to track the use and effectiveness of different compliance assurance interventions;
− the extent to which risk-based methods are used to direct compliance assurance at the strategic level and in relation to critical activities outside of industrial installations, especially specific problemareas highlighted elsewhere in this Country Report, i.e. threats to protected habitat types and species, air quality breaches and the pressures on groundwater resources.
Currently, there exist a number of sectoral obligations on − arrangements for structured coordination and inspections and the EU directive on environmental cooperation between different relevant competent liability (ELD) 112 provides a means of ensuring that the authorities; in particular between inspectors on the "polluter-pays principle" is applied when there are one hand and prosecutors on the other hand accidents and incidents that harm the environment. − how the competent authorities ensure a targeted
There is also publically available information giving
insights into existing strengths and weaknesses in each 113 COM(2016) 204 final i and COM(2016) 121 final of 14.4.2016. This
Member State. highlighted the need for better evidence on how the directive is used in practice; for tools to support its implementation, such as guidance,
For each Member State, the following were therefore training and ELD registers; and for financial security to be available in
case events or incidents generate remediation costs. 114 Study on 'Assessment and summary of the Member States' 107 Directive 2008/99/EC i of The European Parliament and of the Council implementation reports for the IED, IPPCD, SED and WID. Industrial
of 19 November 2008 on the protection of the environment through Emissions Directive, 2016, Amec Foster Wheeler criminal law. Environment&Infrastructure UK Ltd in collaboration with Milieu Ltd,
108 European Union Network for the Implementation and Enforcement p. 352f. of Environmental Law 115 European Court of Auditors, Special Report No 4, 2014, Integration
109 European Union Forum of judges for the environment of EU water policy objectives with the CAP: a partial success, p. 31-
110 The European Network of Prosecutors for the Environment 35.
111 EnviCrimeNet 116 'Stocktaking of the main problems and review of national
112 European Union, Environmental Liability Directive 2004/35/CE and enforcement mechanisms for tackling illegal killing, trapping and remedying of environmental damage (OJ L 143, 30.4.2004, p.56) trade of birds in the EU', BioIntelligence, 2012, p. 141.
Slovakia 25
and proportionate response to different types of Access to Information, Public Participation in Decisionnon-compliant behaviour, in particular in relation to making and Access to Justice in Environmental Matters serious breaches detected, given indications that ("the Aarhus Convention"). Public participation in the there is a low level of detection of breaches and low administrative decision making process is an important probability of being criminally prosecuted and element to ensure that the authority takes its decision on
sentenced for environmental offences 117 . the best possible basis. The Commission intends to
examine compliance with mandatory public participation Slovakia participate in the activities of IMPEL and requirements more systematically at a later stage.
EnviCrimeNet 118 . Access to justice in environmental matters is a set of
For the period 2007-2013, Slovakia reported no cases of guarantees that allows citizens and their associations to environmental damage handled under the Environmental challenge acts or omissions of the public administration Liability Directive. The Ministry of Environment has before a court. It is a tool for decentralised organised training events and conferences, and produced implementation of EU environmental law. information material to raise awareness. It has also
created a methodology for spatial risk differentiation and For each Member State, two crucial elements for an information system for the prevention and remedying effective access to justice have been systematically of environmental damage as well as an environmental reviewed: the legal standing for the public, including damage register. However, there remains scope for NGOs and the extent to which prohibitive costs represent additional measures to improve the Directive's a barrier.
implementation. Since 2012, Slovakia operates a The costs of court procedures in Slovakia are not mandatory financial security for operators carrying out considered as being prohibitively high. dangerous activities (to pay for remediation where the
operator cannot). A major challenge to bring environmental cases to the court was the lack of legal standing for the public,
Suggested action including environmental NGOs, for asking for a judicial
• Improve transparency on the organisation and review of administrative decisions involving functioning of compliance assurance and on how environmental matters. In several areas of environmental significant risks are addressed, as outlined above. law the public was not entitled to bring a case to court,
• Encourage greater participation of competent mainly because it is not admitted to the administrative procedure which is a precondition for taking a court
authorities in all environmental compliance networks.
• Step up efforts in the implementation of the action. Slovakia has partly addressed the issue by adopting legislation introducing access to justice
Environmental Liability Directive (ELD) with proactive requirements for NGOs in several sectors 119 , such as in
initiatives, in particular by drafting national guidance. the area of projects requiring an environmental impact
assessment.
Public participation and access to justice Suggested action
The Aarhus Convention, related EU legislation on public • Take the necessary measures to ensure standing of participation and environmental impact assessment, and environmental NGOs to challenge acts or omissions of the case-law of the Court of Justice require that citizens a public authority in all sectoral EU environmental laws, and their associations should be able to participate in in full compliance with EU law as well as the decision-making on projects and plans and should enjoy Convention on Access to Information, Public effective environmental access to justice. Participation in Decision-making and Access to Justice Citizens can more effectively protect the environment if in environmental matters (Aarhus Convention).
they can rely on the three "pillars" of the Convention on
117 See for instance in relation to illegal killing of birds 'Stocktaking of
the main problems and review of national enforcement mechanisms for tackling illegal killing, trapping and trade of birds in the EU', BioIntelligence, 2012, p. 136f.
118 The Slovak Environmental Inspectorate is running inspections. 119 Amendment 314/2014 to the EIA Act 100/2001 Coll. as applicable as
However, according to SK authorities, for successful environmental of 01.01.2015 or amendment No. 408/2011 Coll. to Nature and compliance assurance a change in a complex system would be Landscape protection Act No. 543/2002 Coll. as applicable as of needed. The environmental prosecutors and judges are missing in 01/12/2011 and adoption of the Administrative Judicial Procedure the Slovak Republic. Act No. 162/2015 Coll. in force as of 01/07/2016
Slovakia 26
Access to information, knowledge and leaves room for improvement. Slovakia has indicated in
evidence the 3-yearly INSPIRE implementation report124 that the necessary data-sharing policies allowing access and use
The Aarhus Convention and related EU legislation on of spatial data by national administrations, other access to information and the sharing of spatial data Member States' administrations and EU institutions require that the public has access to clear information on without procedural obstacles are only partially available the environment, including on how Union environmental and lack consistency. Slovakia has no common datalaw is being implemented. policy or harmonized conditions for access and use.
It is of crucial importance to public authorities, the public Although there is legislation in place, the implementation and business that environmental information is shared in lags behind and the current data-sharing landscape an efficient and effective way. This covers reporting by remains very heterogeneous. Different licenses and businesses and public authorities and active bilateral data-sharing agreements are being used for dissemination to the public, increasingly through exchanging spatial data between public authorities.
electronic means. There is currently ongoing legislation amendment process aiming to improve the situation and address the
The Aarhus Convention 120 , the Access to Environmental identified gaps foreseen to by adopted by the end of
Information Directive 121 and the INSPIRE Directive 122 2016.
together create a legal foundation for the sharing of
environmental information between public authorities Assessments of monitoring reports125 issued by Slovakia and with the public. They also represent the green part of and the spatial information that Slovakia has published the ongoing EU e-Government Action Plan 123 . The first on the INSPIRE geoportal126 indicate that not all spatial two instruments create obligations to provide information needed for the evaluation and information to the public, both on request and actively. implementation of EU environmental law has been made The INSPIRE Directive is a pioneering instrument for available or is accessible. The larger part of this missing electronic data-sharing between public authorities who spatial information consists of the environmental data can vary in their data-sharing policies, e.g. on whether required to be made available under the existing access to data is for free. The INSPIRE Directive sets up a reporting and monitoring regulations of EU an infrastructure, allowing harmonised spatial data and environmental law. With respect to the proposed services exchange. In order to facilitate access to the INSPIRE priority list of the datasets linked to the services, concept of INSPIRE geoportal has been reporting obligations in EU environment legislation
127 ,
introduced. Spatial data and services are described to be Slovakia has initiated activities to create closer alignment searchable via metadata, which indicates among the between INSPIRE and environmental reporting.
other parameters, also level of public access to the to the Suggested action
level of shared spatial data and conditions applying to
access an use in each Member State – i.e. data related to • Critically review the effectiveness of its data policies specific locations, such as air quality monitoring data. and amend them, taking 'best practices' into Amongst other benefits it facilitates the public consideration. Provide the sufficient support for the authorities' reporting obligations. implementation of the amended legislation and ensure
the consistency with the eGovernment activities.
For each Member State, the accessibility of • Identify and document all spatial data sets required for environmental data (based on what the INSPIRE Directive the implementation of environmental law, and make envisages) as well as data-sharing policies ('open data') the data and documentation at least accessible 'as is' have been systematically reviewed. to other public authorities and the public through the
Slovakia's performance on the implementation of the digital services foreseen in the INSPIRE Directive.
INSPIRE Directive as enabling framework to actively Create sufficient conditions to meet the objectives of
disseminate environmental information to the public
120 UNECE, 1998. Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters
121 European Union, Directive 2003/4/EC on public access to 124 European Commission, INSPIRE reports environmental information 125 Inspire indicator trends
122 European Union, INSPIRE Directive 2007/2/EC 126 Inspire Resources Summary Report
123 European Union, EU eGovernment Action Plan 2016-2020 - 127 https://ies
Accelerating the digital transformation of government COM(2016) svn.jrc.ec.europa.eu/attachments/download/1735/INSPIRE%20List% 179 final 20of%20priority%20data%20sets%20%5BDOC10%5D.pdf
Slovakia 27
the actions defined in the national INSPIRE Action plan
2016 - 2021 128 .
128 http://inspire.enviroportal.sk/Upload/documents/20160426_SK_INS
PIRE_Action_Plan/SK_INSPIRE_Action_Plan_2016_2021_20160515.d oc