Pursuant to the second indent of the first paragraph of Article 107 and the first paragraph of Article 91
of the Constitution of the Republic of Slovenia I hereby issue the
ORDER
promulgating the Act amending the Environment Protection Act (ZVO-1B)
I hereby promulgate the Act amending the Environment Protection Act (ZVO-1B), adopted by the
National Assembly of the Republic of Slovenia at its session of 27 June 2008.
No 003-02-6/2008-15
Ljubljana, 7 July 2008
Dr Danilo Türk
President
of the Republic of Slovenia
ACT
AMENDING THE ENVIRONMENT PROTECTION ACT (ZVO-1B)
Article 1
In the Environment Protection Act (OJ RS, No 39/06 – official consolidated text, 49/06 – ZMetD,
66/06 – Constitutional Court decision and 33/07 – ZPNačrt), in the second paragraph of Article 1, the
full stop at the end of point 9 shall be replaced by a comma and a new point 10 added, to read as
follows:
'10. Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on
environmental liability with regard to the prevention and remedying of environmental damage (OJ L
143, 30/04/2004, p. 56 – hereinafter: Directive 2004/35/EC).'
Article 2
In Article 3, new sub-points 1.3.1., 1.3.2., and 1.3.3. shall be added after point 1.3, to read as follows:
'1.3.1. Special parts of the environment are water and soil and internationally protected and protected
wild plant and animal species specifically defined by nature conservation regulations (hereinafter:
protected species), their habitats and habitat types which under nature conservation regulations are
maintained at favourable status as a priority.
1.3.2. Favourable conservation status of protected species is the status defined by nature conservation
regulations.
1.3.3. The function of a special part of the environment means the useful role that the special part of
the environment has for another part of the environment or for the public.'
In point 3 the wording 'or organisms or microorganisms' shall be added after the bracket.
In point 6 the words 'environmental damage' shall be added after the words 'risk to the environment'.
After point 6.8.1. a new point 6.8.2. and new sub-points 6.8.2.1. and 6.8.2.1. shall be added, to read as
follows:
'6.8.2. Environmental damage is major damage caused to special parts of the environment.
6.8.2.1. Damage is a measurable negative change to a special part of the environment or a significant
measurable affecting of its function caused directly or indirectly.
6.8.2.2. Direct danger of damage is a sufficiently high probability that environmental damage will
occur in the near future.'
In point 7 the words 'or environmental damage' shall be added before the full stop at the end of the
sentence.
In point 7.1 the words 'or performs the activity in question' shall be added before the full stop at the
end of the sentence.
Point 11 and sub-points 11.1. and 11.2. shall be amended to read:
'11. Best available techniques means the most effective and advanced stage in the development of
activities and their methods of operation which indicate the practical suitability of particular
techniques for providing the basis for emission limit values designed to prevent and, where that is not
practicable, generally to reduce emissions and their impact on the environment as a whole. Best
available techniques are defined by documents of the competent authority of the European Union
(hereinafter: the EU).
11.1. Techniques includes both the technology used and the way in which the installation is designed,
built, maintained, operated and decommissioned.
11.2. Available techniques means those developed on a scale which allows implementation in the
relevant industrial sector, under economically and technically viable conditions, taking into
consideration the costs and advantages, whether or not the techniques are used or produced inside the
territory of the EU Member State in question, as long as they are reasonably accessible to the
operator.'
After point 13 a new point 14 and new sub-points 14.1 to 14.6 shall be added, to read as follows:
»14. In accordance with the Act on Ratification of the Kyoto Protocol to the United Nations
Framework Convention on Climate Change (OJ RS – International Treaties, No 17/02; hereinafter: the
Kyoto Protocol), a Kyoto unit means an assigned amounts unit, an emission reduction unit, a certified
emission reduction or a removal unit and is equal to one tonne of carbon dioxide equivalent.
14.1. Assigned amount unit (hereinafter: AAU) means a unit of the quantity of greenhouse gases
which the Party referred to in Annex B to the Kyoto Protocol may emit into the atmosphere in a given
period.
14.2. Emission reduction unit (hereinafter: ERU) means a unit issued pursuant to Article 6 of the
Kyoto Protocol and the decisions adopted pursuant to the Act on Ratification of the United Nations
Framework Convention on Climate Change (OJ RS – International Treaties, No 13/95; hereinafter: the
Climate Convention) or the Kyoto Protocol.
14.3. Certified emission reduction (hereinafter: CER) means a unit issued pursuant to Article 12 of the
Kyoto Protocol and the decisions adopted pursuant to the Climate Convention or the Kyoto Protocol.
14.4. Removal unit (hereinafter: RMU) means a unit issued to a Party pursuant to the third and fourth
paragraphs of Article 3 of the Kyoto Protocol when the Party implements measures that contribute to a
net sink of greenhouse gas emissions.
14.5. Flexible Kyoto mechanisms are collective investments and international AAU trading.
14.6. A collective investment is a project activity for the purpose of meeting the obligations under
Article 3 of the Kyoto Protocol and relates to the joint implementation project referred to in Article 6
of the Kyoto Protocol or the clean development mechanism project referred to in Article 12 of the
Kyoto Protocol.'
Article 3
The wording of Article 9 shall be amended to read:
'(1) The causer of pollution shall be responsible for eliminating the source of excessive negative
effects on the environment and its consequences in accordance with this Act.
(2) The causer of pollution shall be responsible for the prevention and remedying of environmental
damage in accordance with this Act.
(3) The causer of pollution shall be also be liable for environmental impact in the event of bankruptcy
or liquidation in accordance with this Act.'
Article 4
In the first paragraph of Article 10, the following phrase shall be added before the full stop: ',
including the costs of implementation of prevention and remedying measures in the case of
environmental damage.'
In the third paragraph the word 'funds' shall be replaced by the word 'guarantees'.
The fourth paragraph shall be deleted.
Article 5
In the third paragraph of Article 13, the word 'regulations,' shall be added after the words 'procedures
of adopting'.
Article 6
In the fifth paragraph of Article 17, the words 'or operator' shall be inserted after the word 'producer'.
A new sixth paragraph shall be added, to read:
'(6) The Government may also define other installations for which an environmental permit is not
necessary, and their compliance with regulations shall be established on the basis of an expert
evaluation which is provided by the person referred to in Article 101.a of this Act and which is a
constituent part of the project for obtaining a building permit.'
Article 7
In Article 18 a new fifth paragraph shall be added, to read:
'(5) The minister responsible for environmental protection (hereinafter: the minister), pursuant to the
criteria referred to in the preceding paragraph, shall define the area in which restricted use of space
applies as a result of the operation of the plant.'
The existing fifth paragraph shall become the sixth paragraph.
Article 8
In the third paragraph of Article 20, the words 'or trades in it' shall be inserted after the words
'transports waste'.
In the fifth paragraph the phrase 'obtaining confirmation for entry' in points 3 and 4 shall be replaced
by the word 'entry'.
A new seventh paragraph shall be added, to read:
'(7) The shipment of waste shall be implemented in accordance with the regulations governing the
shipment of waste.'
Article 9
Article 21 shall be deleted.
Article 10
The fourth paragraph of Article 27 shall be amended to read:
'(4) If an environmental accident has also resulted in environmental damage and remedial action is
necessary in addition to the intervention measures referred to in the second paragraph of this Article,
the provisions of this Act relating to remedial action in the case of responsibility for the prevention
and remedying of environmental damage shall apply to the preparation and implementation of this
remedial action.'
In the sixth paragraph the wording 'third and fourth' shall be replaced by the wording 'and third'.
New eighth, ninth and tenth paragraphs shall be added, to read:
'(8) If an environmental accident has also resulted in environmental damage but it is not known or not
possible to determine who caused it, or if the environmental accident is the consequence of a natural
phenomenon, and if remedial action is necessary in addition to intervention measures to eliminate or
reduce its consequences, the Ministry shall prepare a remediation programme for the affected area in
conjunction with the other competent ministries and the municipality concerned, unless the
elimination of the consequences of the environmental accident is regulated by a separate Act.
(9) The remediation programme for the affected area shall contain, in particular:
1. an assessment of the situation and the scale of the consequences of the accident for people and the
environment,
2. a determination of the area in which action needs to be carried out,
3. an indication of the remedial action defined on the basis of the regulation referred to in the ninth
paragraph of Article 110.e of this Act, and the time limits for its implementation,
4. the bodies, organisations and services responsible for implementing the envisaged action,
5. an estimate of the necessary funds and the method of covering costs and
6. a plan for monitoring the effects of the action implemented.
(10) The programme referred to in the preceding paragraph shall be adopted by the Government by
means of a decree.'
Article 11
The third, fourth, fifth and sixth paragraphs of Article 28 shall be deleted.
The existing seventh paragraph shall become the third paragraph.
Article 12
In the fourth paragraph of Article 30, the words 'higher professional education' shall be replaced by the
words 'level 6 (second stage tertiary) education.'
Article 13
After Article 34, a new sub-chapter 6 and a new Article 34.a shall be added, to read as follows:
'6. Participation of the public in the adoption of regulations
Article 34.a
(participation of the public in the adoption of regulations)
(1) In the process of adopting regulations that can have a significant impact on the environment, the
Ministry, other ministries and the competent body of the local authority must allow the public the
opportunity to familiarise itself with the draft regulation and give its opinion and submit comments
thereon.
(2) Regulations that can have a significant impact on the environment shall include regulations issued
in the field of environmental protection, nature conservation and the management, use or protection of
parts of the environment, including the management of genetically modified organisms, and also
regulations the environmental impact of which has been identified by the drafting body during the
adoption process.
(3) The body referred to in the first paragraph of this article shall inform the public, by means of a
public announcement on its website, of the location in which the draft regulation is accessible and the
method and time of submitting opinions and comments.
(4) The public shall have the right to inspect the draft regulation and the opportunity to give opinions
and comments for at least 30 days.
(5) The body referred to in the first paragraph of this Article shall study the opinions and comments of
the public and, in so far as they are acceptable, incorporate them appropriately into the drafting of the
regulation. Furthermore, it shall publish on the internet a reasoned position in which it states its views
with regard to the opinions and comments of the public and its reasons for incorporating them or not
incorporating them in the drafting of the regulation.
(6) The provisions of the preceding paragraphs shall not apply to regulations where, for their adoption,
the participation of the public is already prescribed by other laws.'
Article 14
The wording of Article 39 shall be amended to read:
'(1) Environmental principles are the environmental protection objectives defined by regulations, on
the basis of which plans, programmes, schemes and other acts in the fields of spatial planning, water
management, forest management, hunting, fisheries, mining, agriculture, energy supply, industry,
transport, telecommunications, tourism, waste and waste water management and public drinking water
supply, involving an intervention affecting the environment or the use of natural goods, are drafted
and comprehensively evaluated.
(2) Environmental principles are, in particular:
1. the state of the environment and parts thereof, including existing impacts, established on the basis of
the environmental monitoring referred to in Article 96 of this Act,
2. the obligations of ratified and published international treaties relating to the prevention and
reduction of environmental pollution,
3. the national environmental protection programme referred to in Article 35 of this Act,
4. the operational programmes of environmental protection referred to in Article 36 of this Act,
5. protection areas, protected areas, degraded areas and other areas in which a special legal regime has
been prescribed for protection of the environment, nature conservation, water management or
protection of natural resources or cultural heritage,
6. areas or parts of the environment which are classified into classes or levels in accordance with
regulations,
7. prescribed restrictions on use of space on account of plants in which a major accident referred to in
Article 18 of this Act may occur, and
8. the applicable legal regimes in the areas or parts of the environment referred to in points 5, 6 and 7
of this paragraph.
(3) Environmental principles shall also contain objectives for the prevention and reduction of
environmental impacts and frameworks for programming, planning and designing interventions in the
environment, in order to prevent, limit or reduce the level of environmental impact relative to the
existing level of environmental impact or the sensitivity of the environment to a specific type of
intervention.'
Article 15
The fourth paragraph of Article 41 shall be deleted.
The existing sixth paragraph shall become the fourth paragraph.
Article 16
Article 42 shall be amended to read:
'Article 42
(opinion of ministries and other organisations on the environmental report and the acceptability of the
effects of implementation of the plan on the environment)
(1) The drafter shall forward the plan and the environmental report to the Ministry.
(2) The Ministry shall forward the documents referred to in the preceding paragraph without delay to
ministries and other organisations which, with regard to the content of the plan, are competent for
individual environmental protection matters, the protection or use of natural goods, landscapes, the
protection of human health or the protection of the cultural landscape, and shall invite them to forward
to the Ministry within 21 days a written opinion on the acceptability of the effects of implementation
of the plan on the environment from the point of view of their competences, or communicate in
writing that the environmental report does not enable an assessment of the effects of implementation
of the plan on the environment and therefore needs to be supplemented with additional or more
detailed information, failing which the environmental report shall be deemed to be adequate.
(3) Upon receiving the written opinions of ministries or communications referred to in the preceding
paragraph, within 30 days of receiving the documents referred to in the first paragraph of this Article
the Ministry shall notify the drafter of the plan that the environmental report is adequate or shall
request the supplementing of the environmental report with additional or more detailed information,
failing which the environmental report shall be deemed to be adequate.
(4) The drafter of the plan shall forward the supplemented environmental report to the Ministry, which
shall forward it to the ministries and organisations referred to in the second paragraph of this Article
which requested the supplementing of the environmental report. Within 21 days of receiving the
supplemented environmental report, the latter shall draw up a written opinion on the acceptability of
the effects of implementation of the plan on the environment.
(5) On the basis of the plan and the environmental report, the Ministry shall study the acceptability of
the effects of implementation of the plan on the environment and draw up a written opinion on this,
which it will forward, together with the opinions of the ministries and organisations referred to in the
second paragraph of this Article, to the drafter of the plan within 45 days of receiving the plan and the
environmental report or supplemented environmental report.'
Article 17
In the first paragraph of Article 43, the phrase 'familiarisation with the plan, with the environmental
report and the audit of the environmental report' shall be replaced by the phrase familiarisation with
the plan and the environmental report.'
The fourth paragraph shall be amended to read:
'(4) A public announcement with an indication of where and when the plan will be displayed and
publicly discussed and an indication of the method of giving opinions and comments shall be made by
the drafter of the plan in the manner customary for the location and on the internet.
The fifth paragraph shall be deleted.
Article 18
In the first and second paragraphs of Article 44 the words 'the plan, the environmental report and the
audit of the environmental report' shall be replaced by the words 'the plan and the environmental
report.'
A new fifth paragraph shall be added, to read:
'(5) The Ministry shall forward the opinions and comments of the Member State to the drafter of the
plan within 15 days of obtaining them.'
Article 19
Article 46 shall be amended to read:
'(1) The drafter of the plan must as far as possible take into account the written opinions and comments
referred to in the fifth paragraph of Article 42 of this Act, the opinions and comments of the Member
State referred to in the fifth paragraph of Article 44 of this Act and the opinions and comments of the
public referred to in Article 43 of this Act, amend or supplement the plan accordingly and forward it to
the Ministry.
(2) Within 30 days of receiving the plan referred to in the preceding paragraph, and taking into
account the opinions of the ministries and organisations referred to in the second paragraph of Article
42 of this Act, the Ministry shall issue a decision confirming the acceptability of the plan, if it judges
the effects on the environment of its implementation to be acceptable, or refuse confirmation if it
judges the effects on the environment of its implementation to be unacceptable.
(3) If the Acts referred to in the second paragraph of Article 40 of this Act prescribe the obtaining of
the consent of the minister before the adoption of a plan which is adopted on their basis, the decision
referred to in the preceding paragraph by which it is judged that the environmental effects of
implementation of the plan are acceptable shall be considered to be this consent.
(4) If the drafter of the plan is a state body, an appeal against the decision referred to in the second
paragraph of this Article shall be decided by the Government.
(5) If the drafter of the plan is the competent authority of a municipality, no appeal shall be permitted
against the decision referred to in the second paragraph, although an administrative dispute shall be
possible.
(6) In the case of a plan in the field of spatial planning which is adopted by a municipality or other
local government authority, the decision referred to in the second paragraph of this Article shall be
counted as the mandatory prior consent to a resolution approving the draft plan under spatial planning
regulations issued by the ministry responsible for spatial planning.
(7) If the ministry responsible for spatial planning does not issue a resolution approving the plan
within the prescribed time limit or does not submit it to the Government for a decision pursuant to
spatial planning regulations, the prior consent referred to in the preceding paragraph shall be
considered an independent decision, while in connection with legal remedies the provisions of the fifth
paragraph of this Article shall apply.'
Article 20
In the first paragraph of Article 53, the comma after the bracket shall be replaced by the word 'and',
and the words 'and the audit of this report' shall be deleted.
Article 21
Article 55 shall be amended to read:
'Article 55
(drawing up an environmental report or environmental impact report)
(1) The environmental report referred to in Article 41 of this Act and the environmental impact report
referred to in the previous Article may only be drawn up by a person who is inscribed in the register of
drafters of environmental reports and environmental impact reports.
(2) Those eligible for inscription in the register are legal persons or sole traders who meet the
prescribed conditions and have obtained the authorisation of the Ministry.
(3) A person who wishes to obtain the authorisation referred to in the preceding paragraph:
1. must be registered to perform the activity of research, planning or technical consultancy,
2. must employ or have under contract at least one person holding a certificate of professional
qualification,
3. may not be in bankruptcy proceedings,
4. may not have been convicted of an economic offence in the last five years.
(4) The Ministry shall issue the authorisation with a decision that is the basis for inscription in the
register referred to in the first paragraph of this Article.
(5) Notwithstanding the provisions of the third and fourth paragraphs of this Article, a person who has
obtained authorisation to draw up an environmental report or an environmental impact report in
another EU Member States may also be inscribed in the register referred to in the first paragraph of
this Article. The basis for inscription in the register is a certified copy of the authorisation from the
competent body of the EU Member State.
(6) Before starting to perform the activity and throughout performance of the activity, the person
referred to in the first paragraph of this Article must have liability insurance for damage which he may
cause to the authority commissioning the elaboration of the environmental report or environmental
impact report or to a third party. The provisions of auditing regulations governing liability insurance
shall apply to the definition of the insurance amount.
(7) The person referred to in the first paragraph of this Article may only draw up an environmental
report or environmental impact report for those parts of the environment (or for cultural heritage or
human health) or for those impacts for which it employs or contracts staff holding certificates of
professional qualification for the evaluation of specific parts of the environment, cultural heritage,
human health, emissions or waste management; the person referred to in the fifth paragraph of this
Article may only do so within the context of the authorisation of the competent authority of another
EU Member State. The drafter of an environmental report or environmental impact report must
indicate in the environmental report or environmental impact report the names of the persons who
have participated in its elaboration.
(8) The Ministry shall keep a register of authorised drafters of environmental reports and
environmental impact reports, which shall be a constituent part of the register referred to in Article
104 of this Act.
(9) The minister shall prescribe more detailed conditions which must be met by the person referred to
in the first paragraph of this Article, the proofs that must be submitted, the method of obtaining
authorisation and the removal of authority.'
Article 22
Article 56 shall be amended to read:
'Article 56
(certificate of professional qualification)
(1) The certificate of professional qualification referred to in point 2 of the third paragraph of Article
55 of this Act shall be issued by the Ministry to a person who has:
1. at least a university degree in the field of natural sciences or technical sciences,
2. at least five years' professional experience in the field of evaluating environmental impacts,
3. passed a test of professional knowledge necessary for the drafting of an environmental report or
environmental impact report.
(2) The certificate referred to in the preceding paragraph shall also contain an indication of the parts of
the environment or types of impact on the environment, cultural heritage or human health for the
evaluation of which the holder of the certificate is professional qualified.
(3) The certificate referred to in the first paragraph of this Article shall be valid for a period of six
years from the date of issue. The Ministry shall extend the validity of the certificate for an equal
period if its holder requests an extension at least three months before its expiry and submits
certification of having again passed a test of professional knowledge.
(4) By agreement with the ministers responsible for cultural heritage and human health, the minister
shall prescribe more detailed conditions and types of proof of meeting the conditions referred to in the
first paragraph of this Article.'
Article 23
New Articles 56.a, 56.b and 56.c shall be added after Article 56, to read:
'Article 56.a
(test of professional knowledge)
(1) The professional knowledge referred to in point 3 of the first paragraph of the previous Article
shall be verified by means of a test of professional knowledge.
(2) Candidates for the test of professional knowledge shall sit the test before a commission appointed
for a period of three years by the minister. The commission shall consist of at least five members, who
shall elect from among themselves the president of the commission and his deputy. The members of
the commission may only be persons who have a least a university degree and five years' professional
experience in the field of evaluating impacts on the environment, cultural and human health.
(3) The commission shall test the professional knowledge of the individual candidate and issue him
with a certificate of having successfully passed the test if it is established by a majority of votes that
the candidate has successfully passed the test of knowledge.
(4) A candidate who fails the test of professional knowledge may repeat the test within the time limit
specified by the Ministry. The test of professional knowledge may not be repeated within a month of
the last attempt.
(5) The commission shall issue the candidate with the certificate of having successfully passed the test
of professional knowledge within eight days of him passing the test of professional knowledge. The
certificate shall be valid for a period of six years.
(6) The Ministry shall keep a register of the certificates referred to in the second paragraph of the
previous Article, which shall be a constituent part of the register referred to in Article 104 of this Act.
(7) By agreement with the ministers referred to in the fourth paragraph of the previous Article, the
minister shall prescribe in more detail the method of testing professional knowledge.
Article 56.b
(removal of authorisation or certificate and deletion from the register)
(1) The Ministry shall remove the authorisation from the person referred to in the second paragraph of
Article 55 of this Act, or the certificate of professional qualification from the person referred to in
point 2 of the third paragraph of Article 55 of this Act, by means of a decision, if:
1. the person himself so requests,
2. the person no longer satisfies the prescribed conditions, or
3. it has been established that in an environmental report or environmental impact report the state of
the environment has been described erroneously, the impact of a plan or intervention on the
environment, cultural heritage or human health has been established erroneously, or unsuitable
evaluation techniques or methodologies have been used.
(2) The Ministry shall initiate the procedure for the removal of an authorisation or certificate of
professional qualification on the grounds referred to in point 3 of the preceding paragraph after
receiving the environmental report or environmental impact report if it judges that in the
environmental report or environmental impact report the state of the environment has been described
erroneously, the impact of a plan or intervention on the environment, cultural heritage or human health
has been established erroneously, or unsuitable evaluation techniques or methodologies have been
used, and shall issue a resolution on the suspension of the procedure of issuing a certificate of approval
of the plan referred to in Article 46 of this Act or the environmental consent referred to in Article 61 of
this Act. No appeal shall be permitted against this resolution.
(3) If the drafter of the plan or person responsible for the intervention submits a new, adequate
environmental report or environmental impact report drawn up by another authorised person, the
Ministry shall continue implementation of the procedure of issuing the certificate or environmental
consent referred to in the preceding paragraph.
(4) In the case referred to in the second paragraph of this Article, the Ministry shall notify the person
who drew up the environmental report or environmental impact report of the initiation of the
procedure of removal of the authorisation or certificate of professional qualification, and forward the
plan or project of the intervention affecting the environment and the corresponding environmental
report or environmental impact report to the expert commission referred to in Article 56.c of this Act
for examination. The commission shall examine the documentation received and within 30 days of
receiving it shall send the Ministry a written opinion on the adequacy of the environmental report or
environmental impact report, in which it states its views with regard to the description of the state of
the environment, the establishment of the impact of implementation of the plan or intervention on the
environment, cultural heritage or human health, or the use of evaluation techniques or methodologies.
(5) The commission must allow the person who drew up the environmental report or environmental
impact report the opportunity to defend the environmental report or environmental impact report
within the time limit referred to in the preceding paragraph.
(6) Within 30 days of receiving the opinion referred to in the fourth paragraph of this Article, the
Ministry shall make a decision on whether to remove the authorisation or certificate of professional
qualification. The Ministry shall not be bound by the opinion of the commission.
(7) A person from whom authorisation has been removed by the decision referred to in the first
paragraph of this Article may no longer, from the day the decision becomes final, draw up
environmental reports or environmental impact reports. A person from whom a certificate of
professional qualification has been removed by the decision referred to in the first paragraph of this
Article may no longer, from the day the decision becomes final, collaborate on drawing up
environmental reports or environmental impact reports.
(8) An authorisation or certificate of professional qualification shall be deemed to have been removed
from the person referred to in the first paragraph of this Article on the day the decision referred to in
the preceding paragraph becomes final. The decision is the basis for deletion from the registers
referred to in Article 104 of this Act.
(9) A person from whom an authorisation or certificate of professional qualification has been removed
by a final decision and who has been deleted from the registers referred to in Article 104 of this Act
may not re-obtain said authorisation or certificate for a period of six years from the decision becoming
final.
(10) The provisions of the preceding paragraphs shall also apply, mutatis mutandis, to the persons
referred to in the fifth paragraph of Article 55 of this Act
Article 56.c
(expert commission)
(1) In the case referred to in the second paragraph of the previous Article, the minister shall establish
an expert commission consisting of five members. The headquarters of the commission shall be at the
Ministry, which shall also provide all necessary administrative/technical services for the commission.
The members of the commission shall be entitled to payment for their work and reimbursement of
expenses.
(2) The members of the commission must be experts in evaluating the impacts on the environment,
cultural heritage or human health that are the subject of the specific plan or intervention affecting the
environment in connection with which the environmental report or environmental impact report was
drawn up.
(3) The members of the commission may not have a business connection or any other connection with
the drafter of the plan or the person responsible for the intervention, or with the person responsible for
drawing up the environmental report or environmental impact report, where this connection may give
rise to doubt about the independence and impartiality of their work. A person holding the certificate of
professional qualification referred to in the third paragraph of Article 56.a of this Act may not be a
member of the commission.
(4) The minister shall prescribe in more detail the method of work of the commission referred to in the
third paragraph of this Article and the level of payment and expenses for members of the commission.'
Article 24
In Article 57, the comma after the word 'project' shall be replaced by the word 'and', and the phrase
'and the audit of the environmental impact report' shall be deleted.
A new second paragraph shall be added, to read:
'(2) If the Ministry finds that the intended intervention referred to in the preceding paragraph is in clear
contradiction with regulations and is therefore not permitted to be implemented, it shall issue a
decision refusing environmental consent, where the provisions of Articles 58 and 59 of this Act shall
not apply.
Article 25
In the first paragraph of Article 58, the words 'the written opinion on the audit' shall be deleted.
In the second paragraph the phrase 'in the manner customary for the location, on the internet and in a
daily newspaper covering the territory of the state' shall be replaced by the phrase 'in the manner
customary for the location and on the internet', while in point 6 the phrase 'the written opinion on the
audit of the environmental impact report' shall be deleted.
In the third paragraph the words 'the day of publication' shall be inserted after the words '30 days
from'.
Article 26
In the third paragraph of Article 59 the phrase 'the corresponding environmental impact report and the
written opinion on the audit of the report' shall be deleted.
Article 27
In the sixth paragraph of Article 61, the final full stop shall be replaced by a comma and the following
phrase added: 'and the environmental consent shall be valid for three years from the day it becomes
final.'
Article 28
Article 63 shall be amended to read:
'Article 63
(implementation of an intervention)
(1) The person responsible for the intervention referred to in Article 51 of this Act may only proceed
with the intervention on the basis of a final environmental consent.
(2) If building regulations prescribe the acquisition of a building permit for the intervention referred to
in Article 51 of this Act, this permit may be issued after the environmental consent becomes final.'
Article 29
The second paragraph of Article 64 shall be amended to read:
'(2) Persons who permanently reside in the area referred to in point 6 of the second paragraph of
Article 54 of this Act or who are the owners or other holders of immovable property in that area, and
the non-governmental organisations referred to in the first and fourth paragraphs of Article 153 of this
Act shall have a legal interest in participating in the procedure for the issuing of environmental
consent in order to protect their rights.'
A new third paragraph shall be added, to read:
'(3) The persons referred to in the preceding paragraph shall have the position of accessory participant
under regulations on administrative procedure if they have lodged a request to participate in the
procedure for the issuing of environmental consent within the time limit specified in the third
paragraph of Article 58 of this Act.
The existing third paragraph shall become the fourth paragraph.
The existing fourth paragraph, which becomes the fifth paragraph, shall be amended to read:
'(5) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.'
Article 30
The first and second paragraphs of Article 69 shall be amended to read:
'(1) If building regulations prescribe the acquisition of a building permit for the operation of the
installation referred to in the first paragraph of the previous Article or a major change to it, this permit
may be issued after the environmental permit becomes final.
(2) In cases other than the case referred to in the preceding paragraph, the operator of the installation
may commence operation of the installation simply on the basis of a final environmental permit.'
Article 31
The first paragraph of Article 71 shall be amended to read:
'(1) In the procedure for issuing or extending an environmental permit under the provisions of Article
69 of this Act, or amending an environmental permit under the provisions of Article 77 or Article 78
of this Act, the Ministry must provide the public with the opportunity to inspect the application for an
environmental permit and a draft of the decision on the environmental permit and enable the public to
express opinions and make comments.'
In the second paragraph the phrase 'in the manner customary for the location, on the internet and in a
daily newspaper covering the territory of the state' shall be replaced by the phrase 'in the manner
customary for the location and on the internet'.
Article 32
The second paragraph of Article 73 shall be amended to read:
'(2) Persons who permanently reside in the area defined in the report on impact area of the installation
referred to in the second paragraph of Article 70 of this Act or who are the owners or other holders of
immovable property in that area, and the non-governmental organisations referred to in the first and
fourth paragraphs of Article 153 of this Act shall have a legal interest in participating in the procedure
for the issuing, extending or amending of an environmental permit in order to protect their rights.'
A new third paragraph shall be added, to read:
'(3) The persons referred to in the preceding paragraph shall have the position of accessory participant
under regulations on administrative procedure if they have lodged a request to participate in the
procedure for the issuing, extending or amending of an environmental permit within the time limit
specified in the third paragraph of Article 71 of this Act.
The existing third paragraph shall become the fourth paragraph.
The existing fourth paragraph, which becomes the fifth paragraph, shall be amended to read:
'(5) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.'
Article 33
In the fourth paragraph of Article 74 the word 'may' shall be deleted.
In the sixth paragraph a full stop shall be inserted after the phrase 'project conditions under building
regulations' and the remainder of the sentence deleted.
Article 34
After Article 78, a new Article 78.a shall be added, to read:
'Article 78.a
(informing the public)
(1) The minister must notify the public of its decision with regard to the environmental permit or the
extension or amendment thereof in the manner and within the time limit laid down in the first
paragraph of Article 65 of this Act, and, in the case of a cross-border impact, the Member State which
in accordance with the provisions of the fourth paragraph of Article 71 of this Act participated in the
procedure for issuing or amending the environmental permit.
(2) The notification referred to in the preceding paragraph must contain, in particular:
1. the content of the decision
2. an indication of the account taken of the opinions and comments of the public referred to in Article
71 of this Act, and, in cases referred to in the fourth paragraph of Article 71 of this Act, an indication
of the account taken of the opinions and comments of the Member State.
3. an indication of the place where the decision on the environmental permit or the extension or
amendment thereof may be inspected.'
Article 35
The third paragraph of Article 82 shall be amended to read:
'(3) If building regulations prescribe the acquisition of a building permit for the operation of the
installation referred to in the first paragraph of this Article or a major change to the operation of the
installation, this permit may be issued after the environmental permit becomes final.'
A new fourth paragraph shall be added, to read:
'(4) In cases other than the case referred to in the preceding paragraph, the operator of the installation
may commence operation of the installation simply on the basis of a final environmental permit.'
The existing fourth, fifth and sixth paragraphs shall become the fifth, sixth and seventh paragraphs.
Article 36
In Article 84, a new paragraph 4 shall be added, to read:
'(4) If the operation or a major change to the operation of the installation referred to in the first
paragraph of Article 82 of this Act requires construction pursuant to building regulations, the
conditions referred to in the second and third paragraphs of this Article shall be considered project
conditions as defined by building regulations.'
After the existing fourth paragraph, which becomes the fifth paragraph, a new sixth paragraph shall be
added, to read:
'(6) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.'
The existing fifth paragraph shall become the seventh paragraph.
Article 37
After Article 84, a new Article 84.a shall be added, to read:
'Article 84.a
(parties to the procedure)
(1) The party to the procedure for issuing an environmental permit shall be the operator of the
installation.
(2) On receiving an application for an environmental permit or the amendment or extension of an
environmental permit, the Ministry shall inform the public, by means of a public announcement in the
manner customary for the locality and on the internet, that it is conducting the procedure for the
issuing, amendment or extension of an environmental permit, when it receives more than five requests
to recognise the status of accessory participant under regulations on administrative procedure.
(3) The public announcement referred to in the preceding paragraph shall contain, in addition to an
indication of the body that will issue the decision and the place where the file may be inspected, an
invitation to all those who believe that the operation of the installation touches upon their legal interest
and who have the status of accessory participant.
(4) In addition to the persons referred to in the second paragraph of this Article, a person who within
30 days of the publication of the public announcement files an application to intervene in the
procedure for the issuing, amending or extending an environmental permit and is able to demonstrate
his legal interest shall obtain the status of accessory participant.
(5) The time limit referred to in the preceding paragraph shall not be counted towards the time limit
for issuing, amending or extending the environmental permit.'
Article 38
In the second paragraph of Article 85, after the comma after the words 'Articles 77 and 78 of this Act'
shall be replaced by a full stop and the remainder of the sentence deleted.
Article 39
The third paragraph of Article 86 shall be amended to read:
'(3) If building regulations prescribe the acquisition of a building permit for the operation of the
installation referred to in the first paragraph of this Article or a major change to the operation of the
installation, this permit may be issued after the environmental permit becomes final.'
A new fourth paragraph shall be added, to read:
'(4) In cases other than the case referred to in the preceding paragraph, the operator of the installation
may commence operation of the installation simply on the basis of a final environmental permit.'
The existing fourth, fifth and sixth paragraphs shall become the fifth, sixth and seventh paragraphs.
Article 40
A new third paragraph shall be added to Article 89, to read:
'(3) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.'
The existing third and fourth paragraphs shall become the fourth and fifth paragraphs.
Article 41
In the second paragraph of Article 90, the word 'immediately' shall be inserted before the words 'in
writing'.
Article 42
In the first paragraph of Article 93 the phrase 'may at the request of the investor or the operator of the
installation' shall be inserted after the words 'permit for the installation'.
Article 43
The fourth paragraph of Article 101 shall be deleted.
In the fifth paragraph, which becomes the fourth paragraph, the phrase 'holds an authorisation to carry
out monitoring' shall be replaced by the phrase 'is entered in the register of providers of operational
monitoring'.
The existing sixth paragraph shall become the fifth paragraph.
The existing seventh paragraph shall be deleted.
Article 44
After Article 101, a new Article 101.a shall be added, to read:
'Article 101.a
(implementation of operational monitoring)
(1) Operational monitoring may only be carried out by a person who is entered in the register of
providers of operational monitoring.
(2) Those eligible for inscription in the register referred to in the preceding paragraph are legal persons
or sole traders who hold an authorisation from the Ministry to carry out operational monitoring and
persons who are entitled to carry out operational monitoring in another Member State.
(3) The persons referred to in the preceding paragraph shall obtain an authorisation to carry out
operational monitoring if they satisfy the following conditions:
1. they must be registered to perform the activity of technical consultancy,
2. they must have at their disposal the equipment necessary to carry out operational monitoring,
3. they must be qualified to carry out operational monitoring,
4. they may not be in bankruptcy proceedings and
5. they may not have been convicted of an economic offence in the last five years.
(4) The condition referred to in point 3 of the preceding paragraph shall be deemed to have been met if
the persons referred to in the preceding paragraph hold a prescribed accreditation or meet other
prescribed technical conditions for the implementation of operational monitoring.
(5) The authorisation referred to in the second paragraph of this Article shall be valid for six years
from the date on which it becomes final and may be extended if the prescribed conditions are still met.
(6) A person who is entitled to carry out operational monitoring in another Member State may be
entered in the register referred to in the first paragraph of this Article on the basis of a certified copy of
the act issued to him by the competent authority of the other Member State for the implementation of
operational monitoring.
(7) The Ministry shall keep a register of providers of operational monitoring, which shall be a
constituent part of the register referred to in Article 104 of this Act.
(8) The Ministry shall determine by means of a regulation the equipment and type of accreditation or
other technical conditions which must be met by the persons referred to in the third paragraph of this
Article.'
Article 45
Article 103 shall be amended to read:
'(1) The Ministry shall remove, by means of a decision, the authorisation to carry out operational
monitoring if:
1. the authorised person himself so requests,
2. the authorised person no longer satisfies the prescribed conditions,
3. irregularities in the implementation of operational monitoring have been identified more than twice
by means of the control monitoring referred to in Article 157 of this Act, or
4. on verifying the quality of monitoring referred to in points 4 and 5 of the second paragraph of the
previous Article, infringements that give rise to reasonable doubt about the qualification of the
provider of operational monitoring have been identified.
(2) The Ministry shall issue a decision on deletion from the register of providers of operational
monitoring to the person referred to in the sixth paragraph of Article 101.a of this Act if:
1. the person himself so requests,
2. the person is no longer entitled to carry out operational monitoring in another Member State,
3. the grounds referred to in point 3 or point 4 of the preceding paragraph have been established.
(3) The person referred to in the first or second paragraph of this Article may not carry out operational
monitoring from the day the decision on the removal of authorisation or deletion from the register of
providers of operational monitoring becomes final, and the Ministry shall delete him from the register
of providers of operational monitoring on the day the decision on the removal of authorisation or
deletion from the register of providers of operational monitoring becomes final.
'(4) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.'
(5) A person who has been deleted from the register of providers of operational monitoring may not be
re-entered in the register for a period of six years from the date of deletion.
(6) In the regulation referred to in the eighth paragraph of Article 101 of this Act, the minister may
also set out more detailed grounds for the removal of authorisation to carry out operational
monitoring.'
Article 46
In Article 109, a new second paragraph shall be added, to read:
'(2) The data referred to in the preceding paragraph are a part of the environmental information system
referred to in Article 105 of this Act.'
Article 47
After Article 110, a new sub-chapter V.a and new Articles 110.a to 110.i shall be added, as follows:
'V.a RESPONSIBILITY FOR THE PREVENTION OR REMEDYING OF ENVIRONMENTAL
DAMAGE
Article 110.a
(responsibility for the prevention and remedying of environmental damage)
(1) In connection with the performance of his activity, the causer of pollution shall be responsible for
preventing an imminent threat of environmental damage and for preventing or remedying
environmental damage even in the absence of any fault.
(2) The activities referred to in the preceding paragraph are:
1. operation of an installation capable of causing large-scale pollution, for which it is necessary to
obtain an environmental permit pursuant to this Act,
2. waste management, including the collection, transport, processing and disposal of waste and
hazardous waste and after-closure treatment of an installation for the disposal of waste and hazardous
waste, for which it is necessary to obtain an environmental permit or certificate of inscription in the
register pursuant to this Act, with the exception of the introduction of sewage sludge from urban waste
water treatment plants into the soil after processing to the standard prescribed for the introduction of
substances into the soil for the purposes of agriculture,
3. release of hazardous substances through the discharge of waste water into surface or underground
water, for which it is necessary to obtain an environmental permit pursuant to this Act,
4. release or injection of pollutants into surface or underground water, for which it is necessary to
obtain an environmental permit pursuant to this Act,
5. operation of an installation which causes environmental pollution through emissions of specific
substances into the atmosphere and for which it is necessary to obtain an environmental permit
pursuant to this Act,
6. the production, use, storage, processing, filling, release into the environment or transport within an
installation of hazardous substances or preparations as per regulations on chemicals, plant protection
products as per regulations on plant protection products and biocides as per regulations on biocides,
7. the removal and damming of water for which the acquisition of water rights is prescribed, pursuant
to waters regulations,
8. management of extractive waste, for which it is necessary to obtain an environmental permit
pursuant to this Act,
9. the transport of hazardous material or pollutants by road, rail, inland waterway, sea or air,
10. work with genetically modified organisms in closed systems including transport, their deliberate
release into the environment or placing on the market in accordance with regulations on managing
genetically modified organisms, and
11. the transboundary shipment of waste for which it is necessary to obtain a permit or which is
prohibited by EU regulations governing the shipment of waste.
(3) A causer of pollution who performs an activity which is not listed in the preceding paragraph shall
only be held liable in the case of causing an imminent threat of environmental damage or the
occurrence of environmental damage in protected species and habitat types if this was done
deliberately or out of negligence.
(4) The person referred to in the second and third paragraphs of this Article must adopt and implement
all measures to prevent the occurrence of environmental damage or to remedy environmental damage
in accordance with the provisions of this Act.
(5) If there is more than one causer of environmental damage and it is not possible to establish the
liability of the individual operator, they shall be severally liable.
(6) The provisions of this chapter do not exclude the liability of the causer of environmental damage
towards third parties in accordance with the Code of Obligations.
Article 110.b
(environmental damage)
(1) Environmental damage caused to protected species, their habitats and habitat types, means damage
which has significant adverse effects on reaching or maintaining their favourable conservation status,
established on the basis of the prescribed criteria.
(2) Notwithstanding the provision of the preceding paragraph, damage occurring as a result of adverse
effects in protected species, their habitats or habitat types, that were identified and permitted or
prescribed on the basis of the process of evaluating the acceptability of plans and interventions
affecting the natural environment or the applicability of deviations from the strict protection of
protected species under nature conservation regulations, shall not be considered environmental
damage.
(3) Environmental damage to waters means damage which has significant adverse effects on the
ecological, chemical or quantitative status or ecological potential of the waters concerned in
accordance with the provisions of this Act and waters regulations, except in the case of permitted
exceptions in meeting objectives relating to reaching good waters status under waters regulations.
(4) Environmental damage caused to the soil is all pollution with emissions in, on or under the soil that
can endanger human health and exceed the prescribed soil quality standards referred to in Article 23 of
this Act.
(5) On the basis of Annex I to Directive 2004/35/EC, the minister shall prescribe more detailed criteria
for establishing the significance of the adverse effects referred to in the first paragraph of this Article.
Article 110.c
(exclusion from scope)
(1) The provisions of this chapter shall not apply to environmental damage or an imminent threat of
such damage caused by:
1. an act of armed conflict, hostilities, civil war, insurrection or a natural phenomenon of exceptional,
inevitable and irresistible character;
2. an incident in respect of which liability and compensation fall within the scope of a ratified and
published international convention, in accordance with the provision of the second paragraph of
Article 4 of Directive 2004/35/EC;
3. activities caused by ionising or other radiation or arising from an incident or activity in respect of
which liability and compensation fall within the scope of a ratified and published international
convention, in accordance with the provision of the fourth paragraph of Article 4 of Directive
2004/35/EC;
4. pollution of a diffuse character, unless it is possible to establish a causal link between the
environmental damage and the activity of an individual operator, and
5. activities the main purpose of which is to serve national defence or international security or
protection from natural disasters.
(2) The provisions of this chapter shall be without prejudice to the right of the causer of pollution to
limit his liability in accordance with the provision of the third paragraph of Article 4 of Directive
2004/35/EC.
Article 110.d
(implementation of preventive measures)
(1) In the case of an imminent threat of environmental damage, its causer must implement all
necessary measures to prevent this damage and inform the Ministry without delay of all important
facts, and in particular about the actual state of the environment and the measures implemented.
(2) The preventive measures referred to in the preceding paragraph are those measures which the
causer of pollution adopts and implements as a result of an incident, action or omission that has
created an imminent threat of environmental damage; their purpose is to prevent or to reduce as much
as possible the possibility of such damage occurring.
(3) If the Ministry is informed of or itself learns of an imminent threat of environmental damage, it
may request specific information about this threat from its causer or order, by means of a decision, the
implementation of preventive measures, including more detailed instructions for their implementation.
(4) There shall be no appeal against the decision referred to in the preceding paragraph but an
administrative dispute shall be permitted.
Article 110.e
(remedial measures)
(1) In the case of environmental damage occurring, its causer must inform the Ministry without delay
of all important facts, take all necessary measures to limit the damage, and send the Ministry
information about the environmental damage that has occurred and a proposal of remedial measures
for the Ministry's approval.
(2) The Ministry shall study the nature, extent and gravity of the environmental damage to the affected
special part of the environment and the possibility of its natural recovery, and on the basis of the
regulation referred to in the ninth paragraph of this Article order the causer, by means of a decision, to
take the most appropriate remedial measures.
(3) The remedial measures referred to in the preceding paragraph are actions or a combination of
actions including mitigating or interim measures to restore, rehabilitate or replace a damaged special
part of the environment or its impaired functions, or to provide an equivalent alternative to this part or
those functions in accordance with the regulation referred to in the ninth paragraph of this Article.
(4) If there is more than once case of environmental damage but the simultaneous implementation of
remedial measures is not possible, the Ministry shall also decide on the order in which these measures
are to be implemented, taking into account the nature, extent and gravity of the individual cases of
environmental damage to the affected special part of the environment, including the threat to human
health, and the possibility of its natural recovery.
(5) There shall be no appeal against the decision referred to in the second paragraph of this Article but
an administrative dispute shall be permitted.
(6) If the Ministry is informed of or itself learns of an occurrence of environmental damage, it may
request specific information about this threat from its causer or order, by means of a decision, the
implementation of remedial measures, including more detailed instructions for their implementation.
There shall be no appeal against this decision but an administrative shall be permitted.
(7) The owner or other holder of the land on which the environmental damage has occurred must
allow the implementation of remedial measures to eliminate environmental damage.
(8) The persons referred to in Article 110.g of this Act shall have the status of accessory participant in
the procedure of ordering remedial measures.
(9) The Government shall prescribe the types of remedial measures on the basis of Annex II to
Directive 2004/35/EC that are the basis for the selection of the most appropriate measures for the
remedying of environmental damage.
Article 110.f
(costs of preventive and remedial measures)
(1) The causer of environmental damage shall cover the costs of preventive or remedial measures
taken on the basis of this Act.
(2) The causer of environmental damage shall also cover the costs of identifying environmental
damage or the imminent threat of such damage, the costs of conducting the administrative procedure
and collecting information, and the costs of monitoring and supervising the implementation of the
measures, with regard to which the Ministry shall issue a special resolution.
(3) At the same time as issuing a decision on preventive or remedial measures, the Ministry shall
propose the entering of a lien on the property of the causer of environmental damage or an imminent
threat of such damage, and request from him a bank guarantee or other form of payment insurance in
favour of the Ministry, in the amount of the estimated costs of implementing the measures should the
Ministry be required to implement them itself in accordance with the provisions of Articles 110.d and
110.e of this Act.
(4) The Ministry shall propose the deletion of the lien or take other actions necessary to terminate the
insurance payment referred to in the preceding paragraph if the causer of the damage successfully
implements all preventive or remedial measures in accordance with the provisions of this Act.
(5) The Ministry has the right to demand, by means of a decision, the reimbursement of costs for the
implementation of measures under this Act which it has implemented itself, within five years of the
date of implementation, or of the date on which the causer of the environmental damage was
identified.
(6) The person referred to in the first paragraph of this Article shall not be obliged to cover the costs of
preventive or remedial measures if he can prove:
1. that the environmental damage or imminent threat of such damage was caused by a third party and
occurred despite the fact that appropriate safety measures were in place, or
2. that the environmental damage or imminent threat of such damage resulted from compliance with a
compulsory order or instruction emanating from a state or municipal body or holder of public
authority other than an order or instruction consequent upon an emission or incident caused by this
person's own activities.
(7) The person referred to in the preceding paragraph shall have the right, in the case referred to in
point 1 of the preceding paragraph, to have the costs reimbursed by the third party, and in the case
referred to in point 2 of the preceding paragraph, to have the costs reimbursed by the body or holder of
public authority that issued the compulsory order or instruction.
(8) The Government shall prescribe the method of establishing the costs referred to in the second
paragraph of this Article.
Article 110.g
(rights of other persons)
(1) A legal person or natural person affected by the occurrence of environmental damage and the nongovernmental organisations referred to in the first and fourth paragraphs of Article 153 of this Act
shall have the right to notify the Ministry of cases of environmental damage and request that the
Ministry take action in accordance with the provisions of this Act.
(2) The notification referred to in the preceding paragraph must contain information and data
demonstrating the existence of environmental damage.
(3) The Ministry shall study the notification referred to in the first paragraph of this Article and
forward it to the presumed causer of the alleged environmental damage, if it judges it to be plausibly
demonstrated by the statements in the notification; the presumed causer of the damage must respond to
the notification within 14 days of receiving it.
(4) If the Ministry establishes on the basis of the statements and the actual situation that environmental
damage has occurred, it shall issue a decision on this in accordance with the provision of the second
paragraph of Article 110.e of this Act.
Article 110.h
(transboundary damage)
(1) If the environmental damage affects or could affect the territory of the Republic of Slovenia and of
another Member State, the Ministry must cooperate with the competent authority of this Member State
by exchanging the information and data necessary to prevent, limit or remedy this damage.
(2) If environmental damage the origin of which is in the Republic of Slovenia affects an area in
another Member State, the Ministry must send the corresponding information and data to the
competent authority of this Member State.
(3) If the environmental damage has occurred in the Republic of Slovenia but its origin is in another
Member State, the Ministry shall notify the competent authority of this Member State and the
Commission of the environmental damage that has occurred and propose the adoption of preventive or
remedial measures. The Ministry shall also request from the causer of the environmental damage the
reimbursement of costs incurred as a result of the implementation of preventive or remedial measures
in the Republic of Slovenia.
Article 110.i
(statute of limitations)
Liability for environment damage shall come under the statute of limitations if more than 30 years
have passed since the date of its cause and if in this time no procedure has been initiated against the
causer to establish its occurrence in accordance with this Act.'
Article 48
Point 3 of the first paragraph of Article 111 shall be amended to read:
'3. loans at favourable rates of interest, capital investment in companies, guarantees or other forms of
surety, subsidies or other forms of grants from the fund referred to in Article 143 of this Act and other
financial instruments that contribute to the protection of the environment,'
In point 6 the word 'and' shall be replaced by a comma and a new point 7 added, to read:
'7. management of Kyoto units and emission allowances, and'
The existing point 7 shall become point 8.
In the third paragraph the number '7' shall be replaced by the number '8'.
Article 49
In the first paragraph of Article 115 the word 'may' shall be deleted.
Article 50
In point 1 of the second paragraph of Article 118, the phrase ', and proofs of the rated output or the
production capacity of the installation' shall be added after the word 'technology'.
In point 4, the phrase 'together with the plan for monitoring greenhouse gas emissions referred to in
the first paragraph of Article 133 of this Act' shall be added after the word 'reporting'.
Article 51
In point 1 of the third paragraph of Article 119, the words 'and its location' shall be added after the
word 'installation'.
Point 2 shall be amended to read:
'2. rated output or production capacity of the installation,'
Point 3 shall be deleted.
The existing points 4 to 7 shall become points 3 to 6.
Article 52
The second paragraph of Article 120 shall be amended to read:
'(2) The following shall be considered a modification to the installation referred to in the preceding
paragraph:
1. construction that can cause a change in the rated power or production capacity of the installation,
2. a change in the type of fuel, raw materials or other substances used in the installation, the use of
which causes the emission of greenhouse gases, or
3. a change in the type, method and level of difficulty of monitoring greenhouse gas emissions.'
In the fifth paragraph the words 'in the operation of the installation' shall be deleted.
Article 53
In the first paragraph of Article 122 the phrase 'if the operator fails to meet the requirements of point 4
of the third paragraph of Article 119 of this Act or' shall be inserted after the phrase 'remove the permit
to release greenhouse gases'.
Article 54
In the second paragraph of Article 135 a full stop shall be inserted after the word 'protocol' and the
remainder of the sentence deleted.
The third paragraph shall be deleted.
Article 55
In the second paragraph and in point 3 of the fourth paragraph of Article 126, the word 'final' shall be
inserted before the words 'permit to release greenhouse gases'.
In point 5 of the fourth paragraph the phrase 'emission reduction units and certified emission
reductions' shall be replaced by the words 'ERUs or CERs'.
The fifth paragraph shall be amended to read:
'(5) Operator of a new installation shall mean an operator who has held the final permit referred to in
Article 118 or Article 120 of this Act for at least 18 months before the start of the period referred to in
the first paragraph of this Article.'
A new seventh paragraph shall be added, to read:
'(7) Notwithstanding the provision of point 6 of the fourth paragraph of this Article, an operator who
has held the final permit referred to in Article 118 or Article 120 of this Act for at least six months
before the time limit indicated in the fifth paragraph of this Article shall also be eligible for emission
allowances from the reserve.'
In the existing seventh paragraph, which becomes the eighth paragraph, the word 'state' shall be
replaced by the word 'auction'.
The existing eighth paragraph shall become the ninth paragraph.
Article 56
In the second paragraph of Article 129, the word 'Government' shall be replaced by the word
'Ministry', and the words 'in the manner referred to in the second paragraph of the preceding Article'
by the words 'on its website'.
A new third paragraph shall be added, to read:
'(3) If the competent EU authority requires a modification in the national plan of the quantities referred
to in point 2 or point 4 of the fourth paragraph of Article 126 of this Act, the Ministry must enable
public participation in accordance with the provisions of the preceding Article, where the time limit
for expressing opinions and submitting comments shall be 15 days.'
The existing third paragraph shall become the fourth paragraph.
Article 57
In the third paragraph of Article 130, the phrase 'or final decision permitting trial operation' shall be
added after the words 'final operating licence'.
In the fourth paragraph the phrase 'until the end of the period of validity of the national plan' shall be
added after the words 'calendar year'.
The fifth paragraph shall be deleted.
The existing sixth paragraph, which becomes the fifth paragraph, shall be amended to read:
'(5) On the basis of the decision referred to in the preceding paragraph, the Ministry shall allocate, to
the operator of a new installation, emission allowances for the current year on the day the decision
becomes final and for each subsequent year until the end of the period referred to in point 1 of the
fourth paragraph of Article 126 of this Act by the time limit indicated in the second paragraph of this
Article.'
The existing seventh to tenth paragraphs shall become the sixth to ninth paragraphs.
Article 58
The title of Article 130.b shall be amended to read: '(use of ERUs or CERs)'.
In the first, second and third paragraphs the words 'emission reduction units' shall be replaced by the
word 'ERUs' and the words 'certified emission reductions' shall be replaced by the word 'CERs'.
Article 59
A new Article 130.c shall be added after Article 130.b, to read:
'Article 130.c
(allocation of ERUs or CERs)
(2) For collective investments which directly reduce or limit emissions of greenhouse gases into the
atmosphere in installations the operators of which must obtain a permit to release greenhouse gases in
accordance with the provisions of Article 118 of this Act, ERUs or CERs shall only be allocated when
the operator of this installation requests from the manager of the register of emission allowances the
cancellation of an equal quantity of emission allowances held by the operator in the register of
emission allowances.
(2) For collective investments which indirectly reduce or limit emissions of greenhouse gases into the
atmosphere in the installations referred to in the preceding paragraph, ERUs or CERs shall only be
allocated if, in the register of emission allowances in the Member State in which the collective
investments were made, an equal quantity of emission allowances or the equivalent rights referred to
in the second paragraph of Article 125 of this Act are cancelled.
(3) Direct and indirect reduction or limiting of emissions of greenhouse gases into the atmosphere is
defined by EU regulations on the avoidance of double counting of greenhouse gas emissions.'
Article 60
Article 133 shall be amended to read:
'(1) The operator of an installation referred to in Article 118 of this Act must submit to the Ministry by
31 October of the current year the greenhouse gas emissions monitoring plan that it intends to
implement the following calendar year. The plan must be drawn up in accordance with EU regulations
governing monitoring and reporting on emissions of greenhouse gases.
(2) The operator of an installation must also communicate to the Ministry every planned amendment
to the greenhouse gas emissions monitoring plan, such communications to be sent by registered mail.
(3) Within 60 days of receiving the plan referred to in the preceding paragraphs, the Ministry shall
issue a decision approving the plan referred to in the first paragraph or the amendment to the plan
referred to in the preceding paragraph, provided the plan has been drafted in accordance with the EU
regulations referred to in the first paragraph of this Article.
(4) The operator of the installation must, on the basis of the approved greenhouse gas emissions
monitoring plan, ensure the monitoring of the greenhouse gas emissions released into the atmosphere
by the installation in a single calendar year and draw up a report on greenhouse gas emissions for the
past year, in accordance with the requirements of the EU regulations referred to in the first paragraph
of this Article.
(5) The operator of the installation must send the report on greenhouse gas emissions for the previous
year together with the written opinion referred to in the third paragraph of Article 134 of this Act to
the Ministry by no later than 31 March of the current year. The Ministry must ensure that the report is
accessible to the public, in accordance with this Act.
(6) If the operator of an installation fails to send the report on greenhouse gas emissions for the
previous year together with the written opinion referred to in the third paragraph of Article 134 of this
Act to the Ministry within the time limit referred to in the preceding paragraph, or if the verifier
referred to in the first paragraph of Article 134 of this Act has drawn up a written opinion on the report
in which it is established that the figures for the total quantity of greenhouse gas emissions differ
significantly from the figures which the verifier arrived at on his own, the Ministry shall draw up a
report for the individual installation on the basis of accessible greenhouse gas emissions figures. The
costs of drawing up the report shall be born by the operator of the installation. On the basis of the
report, the Ministry shall issue the operator with a decision in which it determines the quantity of
greenhouse gases which the installation released into atmosphere in the previous year and for which
the operator must surrender emission allowances. An appeal against this decision order shall not delay
its execution.
(7) The Ministry shall send the decision referred to in the preceding paragraph to the manager of the
register by no later than 30 April of the current year.
(8) The minister may prescribe in detail what shall be considered evidence of the ability to ensure
monitoring and reporting on greenhouse gas emissions referred to in the second paragraph of Article
119 of this Act, and the method of monitoring and reporting on emissions in accordance with the EU
regulations referred to in the first paragraph of this Article.'
Article 61
The first paragraph of Article 134 shall be amended to read:
'(1) The report referred to in the preceding paragraph shall be verified by the person referred to in
Article 134 of this Act (hereinafter: the verifier).'
In the third paragraph the words 'figures referred to in the first paragraph of this Article on the basis of'
shall be replaced by the words 'report referred to in the previous Article on the basis of the EU
regulations referred to in the first paragraph of Article 133 of this Act.'
The fourth paragraph shall be deleted.
Article 62
New Articles 134.a to 134.e shall be added after Article 134, to read:
'Article 134.a
(verifier)
(1) The report on greenhouse gas emissions referred to in Article 133 of this Act may only be verified
by a person who is inscribed in the register of verifiers.
(2) Those eligible for inscription in the register referred to in the preceding paragraph are legal persons
or sole traders who meet the prescribed conditions and hold the authorisation of the Ministry to verify
reports on greenhouse gas emissions (hereinafter: authorisation).
(3) The persons referred to in the preceding paragraph shall obtain an authorisation if they satisfy the
following conditions:
1. they hold the prescribed accreditation and
2. they employ or have under contract at least two persons holding a certificate of qualification to
perform verifications.
(4) Before starting to perform the activity and throughout performance of the activity, the verifier must
be in possession of liability insurance for damage which he may cause to the operator of the
installation in the fulfilment of the latter's obligations to surrender emission allowances in accordance
with this Act. The provisions of auditing regulations governing liability insurance shall apply to the
definition of the insurance amount.
(5) The verifier must be independent of the operator of the installation whose greenhouse gas
emissions report he is verifying.
(6) The verifier may not perform verification for an operator, if
1. he has an ownership share in the operator of the installation,
2. the operator of the installation has an ownership share in the verifier,
3. he is a person who is considered a person associated with the operator of the installation under
auditing regulations,
4. he has signed a contract with the operator on monitoring greenhouse gas emissions or for other
work connected with greenhouse gas emissions, except the verification of reports on greenhouse gas
emissions,
5. persons employed by or contracted to the operator of the installation are performing any kind of
work for the verifier,
6. he has been involved in planning, consultancy, supply, implementation or operation of the
installation for the operator of the installation,
7. he is associated with the operator of the installation in some other way and doubt regarding the
independence and impartiality of the verifier may exist due to this association.
(7) The verifier shall protect the confidentiality of all data, facts and circumstances that have come to
his knowledge in the course of the verification.
(8) Partners, shareholders, members of the supervisory board, members of the management board or
other employees of the verifier, or other persons to whom the confidential data referred to in the
preceding paragraph are accessible in any way in connection with their work or the performance of
services for the verifier, may not communicate these data to third parties, make use of them
themselves or enable third parties to make use of them.
(9) The Ministry shall keep a register of verifiers, which shall be a constituent part of the register
referred to in Article 104 of this Act.
(10) The Ministry shall prescribe more detailed conditions which must be met by the verifier, and the
content of the application for an authorisation.
Article 134.b
(removal of authorisation)
(1) The Ministry shall remove the authorisation from a verifier if:
1. the verifier himself so requests,
2. the verifier does not meet the prescribed conditions,
3. the application for the authorisation contained inaccurate or false information or false proofs were
submitted,
4. the verifier has breached the requirements on the protection of confidential data referred to in the
seventh paragraph or eighth paragraph of the preceding Article, as established by a final judgment
from a court,
5. it has been finally established that the verifier has committed a serious infringement of the
provisions of regulations on verification.
(2) The person referred to in the preceding paragraph may not perform verifications of a report on
greenhouse gas emissions from the day the decision on the removal of authorisation becomes final,
and the Ministry shall delete him from the register of verifiers on the day the decision on the removal
of authorisation becomes final.
(3) In the case of an administrative dispute, the court must decide on a petition within three months of
the filing of the petition, and on an appeal or revision within one month of the filing of the appeal or
revision.
(4) A person who has been deleted from the register of verifiers may not be re-entered in the register
for a period of six years from the date of deletion.
Article 134.c
(supervision of the Ministry)
(1) In the implementation of supervision, the Ministry shall have the right at any time to carry out an
extraordinary follow-up verification of a report on greenhouse gas emissions which has been verified
by a verifier or appoint another verifier to do so.
(2) If in the implementation of supervision the Ministry establishes that a verifier has committed a
serious infringement of the regulations on verification, it shall issue a decision on this.
(3) The following cases shall be considered serious infringements of the regulations on verification
referred to in the preceding paragraph:
1. if the verifier, through his own fault, fails to draw up a verification report and written opinion in
good time and this is established by a final court ruling,
2. if the verifier draws up an inadequate, false or misleading verification report or written opinion,
3. if verification is carried out on behalf of the verifier by a person who does not hold a valid
certificate referred to in point 2 of the third paragraph of Article 134.a of this Act,
4. if the verifier violates the requirement of independence referred to in the sixth paragraph of Article
134.a of this Act.
(4) The costs of extraordinary follow-up verification of a report on greenhouse gas emissions shall be
borne by the Ministry.
(5) Notwithstanding the provision of the preceding paragraph, the Ministry shall have the right and
obligation to claim from the verifier the repayment of the costs of an extraordinary follow-up
verification of a report on greenhouse gas emissions if a serious infringement of the regulations on
verification referred to in the third paragraph of this Article has been established by final decision.
Article 134.d
(certificate of qualification)
(1) The certificate of qualification referred to in point 2 of the third paragraph of Article 134 of this
Act shall be issued by the Ministry to a person who:
1. holds, as a minimum, a university degree in the field of natural sciences or technical sciences,
2. is competent in the Slovene and English languages,
3. has the professional experience necessary for the verification of reports on greenhouse gas
emissions,
4. has passed a test of professional knowledge necessary for the verification of reports on greenhouse
gas emissions, and
5. has not been convicted of a property offence or an economic offence.
(2) The certificate referred to in the preceding paragraph is valid for three years from the date of issue.
The Ministry shall extend the validity of the certificate for a period of three years if its holder requests
an extension at least three months before its expiry and submits certification of having again passed a
test of professional knowledge and the proof referred to in point 5 of the preceding paragraph.
(3) The minister shall prescribe in detail the conditions and types of proofs of meeting the conditions
referred to in the first paragraph of this Article.
Article 134.e
(test of professional knowledge)
(1) The professional knowledge referred to in point 4 of the first paragraph of the previous Article
shall be verified by means of a test of professional knowledge.
(2) Candidates for the test of professional knowledge shall sit the test before a commission appointed
for a period of three years by the minister. The commission shall consist of at least three members,
who shall elect from among themselves the president of the commission and his deputy. Only persons
who have at least a university degree and five years' professional experience in the field of
environmental protection may be members of the commission.
(3) The commission shall test the professional knowledge of the individual candidate and issue him
with a certificate of having successfully passed the test if it is established by a majority of votes that
the candidate has successfully passed the test of knowledge.
(4) A candidate who fails the test of professional knowledge may repeat the test within the time limit
specified by the Ministry. The test of professional knowledge may not be repeated within a month of
the last attempt.
(5) The commission shall issue the candidate with the certificate of having successfully passed the test
of professional knowledge within eight days of him passing the test of professional knowledge. The
certificate shall be valid for the period for which the certificate referred to in the second paragraph of
the preceding Article was issued.
(6) The Ministry shall keep a register of the certificates referred to in the second paragraph of the
previous Article, which shall be a constituent part of the register referred to in Article 104 of this Act.
(7) The minister shall prescribe in more detail the method of testing professional knowledge.'
Article 63
In the first paragraph of Article 135, the phrase 'which the installation has released into the atmosphere
in the past year' shall be replaced by the phrase 'determined in the manner referred to in the sixth
paragraph of Article 133 of this Act or verified in the manner referred to in Article 134 of this Act.'
The second paragraph shall be amended to read:
'(2) The Ministry shall publish in the official journal of the Republic of Slovenia the name of any
operator who has not surrendered emission allowances in accordance with the provisions of the
preceding paragraph.'
A new third paragraph shall be added, to read:
'(3) If in the course of the extraordinary follow-up verification referred to in the first paragraph of
Article 134.c of this Act the Ministry finds that an operator of an installation has not surrendered the
appropriate quantity of emission allowances, it shall issue a decision by which it establishes the
missing quantity of emission allowances which the operator of the installation must surrender within
15 days of the decision becoming final, or establishes a surplus of allowances which the operator of
the installation may claim up to 30 April in the following calendar year by surrendering a
correspondingly lower quality of allowanced. An appeal against this decision order shall not delay its
execution.'
In the existing third paragraph, which becomes the fourth paragraph, the word 'third' shall be replaced
by the word 'seventh'.
The existing fourth paragraph shall become the fifth paragraph.
Article 64
In the first paragraph of Article 136 the word 'EUR' shall be replaced by the word 'euro' and the phrase
'in the tolar equivalent as per the Bank of Slovenia middle rate on the date of surrender specified in the
first paragraph of Article 135 of this Act,' shall be deleted.
Article 65
Article 137 shall be amended to read:
'(1) Allowances shall apply to emissions in the period referred to in the national plan for which they
were issued.
(2) Within four months of the start of the new period, the Ministry shall issue to the body responsible
for keeping the register referred to in Article 132 of this Act an order to cancel allowances that are no
longer valid and have not been surrendered or cancelled in accordance with the EU regulations
referred to in the seventh paragraph of Article 130 of this Act, and to allocate to their holders new
allowances for the new period in a quantity that is equal to the cancelled allowances.'
Article 66
In the first paragraph of Article 138, the words 'and their surrender to the register of allowances' shall
be deleted [in the Slovene text of the Act, the word 'vodenju' in this paragraph shall be replaced by the
word 'vodenje'. The English translation is not affected].
[In the Slovene text of the Act, the word 'vodenju' in the second paragraph shall be replaced by the
word 'vodenje'. The English translation is not affected.]
The third paragraph shall be deleted.
Article 67
The title of subchapter 4.2 shall be amended to read: '4.2. Collective investments'.
Article 68
Article 140 shall be amended to read:
'Article 140
(collective investments)
(1) In order to reduce the impact on the environment of greenhouse gases in the most cost-effective
manner, the State shall also facilitate the implementation of collective investments.
(2) A collective investment may only be carried out by a legal person or natural person outside the
Republic of Slovenia in a State which meets the requirements of the Kyoto Protocol and the
resolutions of the competent authority in that State. The collective investment must be approved in
accordance with the provisions of the Kyoto Protocol, the resolutions of the competent authority of the
State concerned and this Act.
(3) The competent authority for the approval of collective investments in the Republic of Slovenia
shall be the Ministry.
(4) The Ministry shall publish the resolutions of the competent authority for the Kyoto Protocol
referred to in the second paragraph of this Article on its website.
(5) The Government shall define by means of a regulation the types of project activities and project
activity evaluation criteria that shall be considered collective investments.'
Article 69
Article 141 shall be amended to read:
'Article 141
(objective of the collective investment)
(1) The implementation of a collective investment must unambiguously show an additional reduction
of the environmental burden caused by greenhouse gas emissions from sources or an increase in their
removal by sinks, which would not occur without implementation of the collective investment.
(2) The methodology for demonstrating that the requirement of the preceding paragraph has been met
is set out in the resolutions of the competent authority for the Kyoto Protocol.'
Article 70
Article 141.a shall be amended to read:
'Article 141.a
(letter of intent)
(1) The Government and the State which is willing to accept the collective investment may conclude
an agreement on their intention to cooperate in the meeting of the obligation to reduce greenhouse gas
emissions referred to in Article 3 of the Kyoto Protocol.
(2) The agreement referred to in the preceding paragraph shall contain in particular a determination of
the type of project activities, an indication of the authorities responsible for approving the collective
investment and a definition of the manner of cooperation between the two States; it may also contain
the envisaged extent and method of transfer of ERUs or CERs.
(3) After being approved by the Government, the agreement referred to in the first paragraph of this
Article shall be signed by the minister on behalf of the Government and published on the Ministry
website.
Article 71
Article 142 shall be amended to read:
'Article 142
(collective investment application)
(1) A natural person or legal person who intends to implement a collective investment in another State
which is a Party to the Kyoto Protocol and obtain ERUs or CERs must submit to the Ministry an
application containing:
1. a document by which the competent authority of the host country of the collective investment
confirms that the project contributes to sustainable development in its territory,
2. project documentation drawn up in accordance with the resolutions of the competent authority for
the Kyoto Protocol,
3. a declaration of fulfilment of the conditions and procedures laid down for the implementation of
collective investments in accordance with the resolutions of the competent body referred to in the
preceding point, and
4. other information needed by the Ministry in order to approve the collective investment.
(2) Within 60 days of receiving the completed application, the Ministry shall issue a resolution
approving the collective investment if it meets the requirements prescribed on the basis of the fifth
paragraph of Article 140 of this Act.
(3) Within the deadline indicated in the preceding paragraph the Ministry shall issue a resolution
refusing approval of the collective investment if the collective investment is not in conformity with the
regulations of the Republic of Slovenia, EU regulations or the international obligations of the Republic
of Slovenia relating to the guidelines, methodology and procedures adopted in the context of the
Kyoto Protocol.
(4) There shall be no appeal against the resolution referred to in the second and third paragraphs of this
Article but an administrative dispute shall be permitted.
(5) The minister shall prescribe the form and detailed content of the application referred to in the first
paragraph of this Article.'
Article 72
After Article 142, a new sub-chapter 4.3 and new Articles 142.a to 142.g shall be added, as follows:
'4.3. Managing Kyoto units and emission allowances
Article 142.a
(Kyoto units and allowances management programme)
(1) If during the implementation of the operational programme referred to in Article 36 of this Act
setting out measures to reduce greenhouse gas emissions, the Ministry finds that the obligations of the
State deriving from Article 3 of the Kyoto Protocol are not going to be met through the measures
adopted, it shall prepare, in conjunction with the ministry responsible for finances, a programme for
the management of Kyoto units and allowances.
(2) The Kyoto units and allowances management programme shall define, in particular, the quantity of
Kyoto units and allowances that the State uses to meet its obligations deriving from the Kyoto
Protocol, the manner of obtaining them and incentives for collective investments.
(3) The management referred to in the first paragraph of this Article shall cover the purchase or sale of
AAUs, the purchase of ERUs or CERs on the basis of the implementation of a collective investment,
and the purchase or sale of ERUs, CERs or allowances on the market.
(4) The Kyoto units and allowances management programme shall be adopted by the Government.
(5) The Ministry shall report to the Government once a year on the implementation of the Kyoto units
and allowances management programme.
(6) Public procurement regulations shall not apply to the purchase and sale of Kyoto units or
allowances. Instead, regulations on public finances shall, mutatis mutandis, apply.
Article 142.b
(purchase and sale of AAUs)
(1) On the basis of the Kyoto units and allowances management programme, the Ministry may buy
AAUs from a Party to the Kyoto Protocol, where priority shall be given to those Parties that guarantee
that the funds from the sale will be destined for the implementation of projects promoting sustainable
development, and in this context, in particular, the reduction of greenhouse gas emissions.
(2) The Ministry may only sell AAUs of the Republic of Slovenia if the Government establishes that
the obligation of the Republic of Slovenia referred to in the first paragraph of Article 3 of the Kyoto
Protocol has been fully met.
(3) The contract covering the purchase or sale referred to in the first and second paragraphs of this
Article shall be signed by the Ministry with the prior consent of the Government. Ratification in the
National Assembly of the Republic of Slovenia shall not be necessary.
Article 142.c
(purchase of ERUs or CERs on the basis of a collective investment)
(1) On the basis of the Kyoto units and allowances management programme, the Ministry shall publish
on its website a public call to natural persons and legal persons to submit an application for the sale of
ERUs or CERs through the implementation of a collective investment scheme.
(2) The public call referred to in the preceding paragraph shall contain, above all, the quantity of
ERUs or CERs which the State intends to purchase, types of project activities, selection criteria and
requirements, and the deadline for applications.
(3) The application referred to in the first paragraph of this Article shall contain the documents,
documentation, proofs and figures referred to in the first paragraph of Article 142 of this Act and the
figures and proofs required in public call referred to in the preceding paragraph.
(4) The Ministry shall prepare a list of submitted collective investment schemes which are considered
collective investments under the regulation referred to in the fifth paragraph of Article 140 of this Act
and send it to a collective investments selection commission which comprises representatives of the
Ministry and the ministries responsible for the economy, energy and finances and is appointed by the
minister.
(5) Within 21 days of receiving the list, the commission referred to in the preceding paragraph shall
study the collective investments from the list and, on the basis of the prescribed criteria and
requirements, shall prepare a justified opinion on the suitability of the collective investments and
submit it to the Ministry.
(6) The criteria and requirements referred to in the second paragraph of this Article shall be prescribed
by the minister.
Article 142.d
(approval of a collective investment)
(1) On the basis of the opinion referred to in the fifth paragraph of the preceding Article, the
Government shall approve, by means of a resolution, individual collective investments from the list,
taking into account both the total quantity of ERUs or CERs that the State needs in order to meet its
obligations and the tender price, and forward the resolutions to the persons responsible for the selected
collective investments together with a deadline for concluding an agreement on the purchase of the
ERUs or CERs referred to in Article 142.e of this Act.
(2) The Government shall also send a resolution to the persons responsible for collective investments
whose bids it has not approved, while the Ministry shall inform by means of a resolution the persons
referred to in the first paragraph of the preceding Article who have not been placed on the list referred
to in the fourth paragraph of the preceding Article.
(3) There shall be no appeal against the resolutions referred to in the first and second paragraphs of
this Article but an administrative dispute shall be permitted.
Article 142.e
(agreement on the purchase of ERUs or CERs)
(1) After the resolution approving the collective investment referred to in the first paragraph of the
preceding Article has become final, and with the prior approval of the Government, the Ministry shall
conclude for and on behalf of the State an agreement on the purchase of ERUs or CERs with the
manager of the collective investment scheme referred to in the preceding Article.
(2) The agreement referred to in the preceding paragraph shall contain, in particular:
1. a definition of the collective investment,
2. a stipulation of the period in which the manager of the collective investment scheme will sell the
ERUs or CERs to the State,
3. the total quantity of ERUs or CERs which the manager of the collective investment scheme will sell
to the Republic of Slovenia,
4. insurance against non-fulfilment of obligations and
5. the price of the purchased ERUs or CERs and the method of payment.
(3) The Government may instruct the Ministry, in the case of an unsuitable tender price or other basic
conditions of purchase of ERUs or CERs, to conduct negotiations with the manager of the selected
collective investment scheme.
(4) If, for reasons on the part of the manager of the collective investment scheme, the agreement
referred to in the first paragraph of this Article is not reached within the time limit stipulated in the
resolution approving the collective investment, or the negotiations are unsuccessful, the Government
shall annul the resolution approving the collective investment.
Article 142.f
(purchase and sale of ERUs, CERs or allowances on the market)
The Ministry may purchase ERUs, CERs or allowances on the market, for and on behalf of the State,
for the following:
1. the reserve from the national plan intended for new installations for the cogeneration of heat and
electricity, if it judges that all allowances from the reserve will be allocated before the expiry of the
period referred to in the first paragraph of Article 126 of this Act, but only up to a maximum of half
the reserve envisaged for these installations,
2. the non-fulfilment of the obligations of the operator of the installation referred to in the first
paragraph Article 135 of this Act, and
3. the fulfilment of the obligations of the Republic of Slovenia deriving from Article 3 of the Kyoto
Protocol.
Article 142.g
(use of public funds)
(1) Funds for the purchase of AAUs, ERUs, CERs and allowances shall be provided from inflows to
the national budget from environmental taxes for pollution of the atmosphere with greenhouse gas
emissions.
(2) Funds from the national budget may also be used to co-finance the elaboration of project
documentation for the collective investment referred to in Article 142.e of this Act.'
Article 73
The title of subchapter 5 shall be amended to read: '5. Eco-Fund: the Public Environmental Fund of the
Republic of Slovenia'.
Article 74
Article 143 shall be amended to read:
'Article 143
(Eco-Fund: the Public Environmental Fund of the Republic of Slovenia)
(1) Eco-Fund: the Public Environmental Fund of the Republic of Slovenia (hereinafter: the Fund) is a
public funding mechanism as per regulations on public funds which promotes sustainable development
by funding investments to prevent, eliminate or reduce environmental impacts.
(2) The Fund operates in accordance with the provisions of this Act and the Act governing public
funds.
(3) The founder of the Fund is the Republic of Slovenia and the founding rights are exercised by the
government.'
Article 75
Article 144 shall be amended to read:
'Article 144
(activities of the Fund)
(1) The fund promotes sustainable development in accordance with the national environmental
protection programme, the national energy programme, the joint environment and energy policy of the
EU and the operational and action programmes adopted on their basis.
(2) The activities performed by the Fund in the public interest are, in particular:
1. encouraging investments in environmental protection infrastructure of national and local
importance,
2. encouraging investments in the use of renewable sources of energy,
3. encouraging energy efficiency measures,
4. encouraging investments from the field of development or application of environmental
technologies which prevent, eliminate or reduce environmental impacts,
5. encouraging various forms of education and awareness-raising among the public, and
6. other activities and tasks in the field of environmental protection set out in the founding charter of
the Fund.
(3) The Fund may cooperate with other public financial institutions and ministries and with local and
international private financial institutions in order to perform its tasks more effectively, strengthen
financial potential and offer a coordinated and comprehensive range of financial incentives in the field
of sustainable development.
(4) The minister may authorise the fund to perform tasks or parts thereof on its behalf in connection
with the co-financing of the activities referred to in the second paragraph of this Article from national
budget funds, funds from the supplement for the promotion of efficient energy use and the use of
renewable energy sources per kW/h of electricity consumed in the Republic of Slovenia or from other
funds in accordance with the law. To this end, the Fund shall conclude a contract with the Ministry in
which the extent, purpose and conditions of performing tasks or allocating funds are set out.'
Article 76
Article 145 shall be amended to read:
'Article 145
(general acts of the Fund and the composition of the supervisory board)
(1) The founding charter of the Fund shall also set out in more detail the activities of the Fund, sources
of funding for the work of the Fund, the organisation and operation of the Fund, and the method of
publication of general acts, and shall regulate other questions important for the Fund's operation.
(2) The general operating conditions of the Fund shall also set out in detail the method and procedures
for allocating resources from the Fund, procedures for the selection of beneficiaries of Fund incentives
and restrictions in the allocation of dedicated funds of the Fund.
(3) Fees for the services of the Fund shall be set out by tariff rules adopted by the Fund management
with the consent of the Fund supervisory board.
(4) Notwithstanding the provisions of the Act regulating public funds, the Government shall appoint
only representatives of the ministries responsible for environmental protection, energy and finance to
the supervisory board of the Fund.
Article 77
Article 146 shall be amended to read:
'Article 146
(instruments of the Fund)
(1) The instruments used by the Fund to perform its activities are:
1. loans at favourable rates of interest,
2. guarantees or other forms of surety,
3. capital investments (status partnership),
4. grants, including interest rate subsidies and loan cost subsidies,
5. financial leasing as defined by the Act regulating the banking sector, and
6. other financial instruments where it is possible to change the form of financing into an ownership
share in an enterprise,
(2) The Fund shall use the instruments referred to in the preceding paragraph in accordance with
regulations on state aids.
(3) The Fund may allocate, with the consent of the founder, its own grants from that part of the
operating surplus which exceeds the surplus necessary to maintain the real value of the Fund's
dedicated assets fund in reference to the inflation rate in the Republic of Slovenia.
(4) Funds for co-financing various forms of education and raising public awareness shall be provided
from the resources of the Fund.'
Article 78
New Articles 146.a to 146.i shall be added after Article 146, to read:
'Article 146.a
(dedicated assets fund)
(1) The Fund shall obtain resources for its dedicated assets fund as follows:
1. from funds obtained under the Act regulating the ownership transformation of enterprises,
2. from national budget funds in accordance with the law,
3. from the operating surplus in accordance with the decision of the founder,
4. through grants and gifts from national and foreign persons and from foreign countries.
(2) The change in the value of the dedicated assets fund shall be entered in the register of companies
once a year unless otherwise determined by the founder.
Article 146.b
(restrictions of investments of free dedicated assets and borrowing of the Fund)
(1) The Fund must invest free dedicated assets in accordance with the principles of security, liquidity
and profitability, taking into account the following order of priorities:
1. investments in short-term securities issued by the Republic of Slovenia,
2. deposits with the manager of the single treasury account system,
3. deposits with an individual bank registered in the Republic of Slovenia, a Member State or an
OECD Member State, where investments in deposits with an individual bank may not exceed 20 % of
the value of free dedicated assets.
(2) The exposure of the Fund in terms of all capital investments in other legal persons may not exceed
10 % of the value of the dedicated assets fund, while a capital investment in a single legal person may
not exceed 2 % of the value of the dedicated assets fund.
(3) The Fund's total borrowing in terms of loans may not exceed the value of the dedicated assets fund
if the loans are secured by a state guarantee. In other cases the total borrowing may not exceed 20 % of
the value of the dedicated assets fund.
Article 146.c
(method of allocating funds)
(1) The Fund shall allocate funds, guarantees or other forms of surety, and grants, and implementation
financial leasing on the basis of a call for applications or invitation to tender, and implement capital
investments and other financial instruments according to the procedure set out in the Act regulating
public-private partnerships.
(2) Calls for applications and invitations to tender for the allocation of resources from the Fund shall
be adopted by the management with the prior consent of the supervisory board.
(3) Notwithstanding the provision of the preceding paragraph, the Fund shall allocate resources for cofinancing awareness-raising projects or programmes to promote the Fund's activities on the basis of a
call for tenders adopted by the Fund's management.
Article 146.d
(calls for applications and calls for tenders)
(1) Through a call for applications, the Fund shall set out, in particular: total funding, allocation
conditions, criteria for determining the level of funding, beneficiaries and the time limit for submitting
applications. Funds shall be allocated in the order in which completed applications arrive, until they
are exhausted.
(2) Through a call for tenders, the Fund shall set out, in particular: total funding, allocation conditions,
criteria for scoring and evaluating individual investments or awareness-raising projects and
programmes, beneficiaries and the time limit for submitting applications. Funds shall be allocated to
those investments, projects or programmes that receive higher scores or evaluations in the selection
process.
(3) In making decisions on the allocation of resources from the Fund's dedicated assets fund, the Act
regulating general administrative procedure shall apply unless otherwise provided by this Act.
Article 146.e
(change to an application)
(1) In the case of a call for applications, changes to applications will be accepted until the end of the
procedure, but in terms of the order of arrival of complete applications, an amended application will be
considered to have been re-submitted.
(2) In the case of a call for tenders, no changes to the application will be accepted after the expiry of
the deadline for submitting applications.
Article 146.f
(restitutio in integrum)
(1) In the case of missing the deadline for submitting an application for funding, restitutio in integrum
shall not per permitted.
(2) In the case of a delay of other procedural actions in procedures of deciding on the allocation of
resources from the Fund, restitutio in integrum shall only be permitted if at the time of submitting the
application for restitutio in integrum the deadline for submitting applications for funding from the
Fund has not yet passed.
Article 146.g
(the decision)
(1) The Fund shall issue a decision on the right of the applicant to receive funding from the Fund.
(2) In the procedure referred to in the preceding paragraph the Fund may not issue a partial or
temporary decision.
(3) The Fund shall issue the decision referred to in the first paragraph of this Article within 90 days of
receipt of the complete application.
(4) There shall be no appeal against the decision referred to in the first paragraph of this Article but an
administrative dispute shall be permitted. There shall be no appeal against other single acts of the
Fund issued in the procedure for the allocation of resources from the Fund's dedicated assets fund.
(5) Notwithstanding the provision of the preceding paragraph, an appeal shall be permitted against a
decision by which a private partner has been selected for the implementation of a status partnership
(capital injections, other financial instruments). The minister shall decide on the appeal within 60
days.
Article 146.h
(reopening of the procedure)
A procedure which has ended with a decision against which there is no regular legal remedy in
administrative procedure shall be reopened, if:
1. it was issued on the basis of a forged document or false testimony of a witness or expert or as the
consequence of any act which constitutes a criminal act under the Penal Code.
2. it is based on a judgment which has since been revised, revoked or withdrawn,
3. it rests on a preliminary issue but the competent body has subsequently resolved the essential points
of this issue in a different manner, or
4. it was issued by a person who did not have the right to issue it.
Article 146.i
(administrative dispute)
An administrative dispute may not be used to contest a decision allocating resources from the Fund to
other persons, but only to contest a decision or part thereof by means of which a right of the plaintiff
was decided.
Article 79
In the first paragraph of Article 148, the word 'and' in point 5 shall be replaced by a full stop.
Point 6 shall be deleted.
New seventh to twelfth paragraphs shall be added, to read:
'(7) The provider of a commercial public service referred to in the first paragraph of this Article must
guarantee the rapid and effective processing of complaints from users of its services who consider that
in the provision of these services it has not acted in accordance with regulations or the rules of the
profession. If the user is not satisfied with the reply from the provider or does not receive such a reply
within the prescribed time limit, he may request the Ministry to rule on the matter. If the Ministry
finds that the provider of the public service has not acted in accordance with regulations or the rules of
the profession in providing the public service, it shall order him by means of a decision to act in
accordance with regulations or the rules of the profession in the provision of these services, which
may also include the repetition of a service or the remedying of deficiencies at the provider's own
expense within a stipulated time limit. When deciding on the request of the user, the Ministry may also
carry out technical supervision.
(8) The technical supervision of providers of a commercial public service referred to in the first
paragraph of this Article shall include controlling whether the providers of the public service act in
accordance with regulations or the rules of the provision when providing the public service. Technical
supervision shall be implemented by the Ministry in administrative procedure.
(9) In implementing technical supervision, officials of the Ministry shall have the right:
1. to inspect the premises, facilities, machinery, installations, tools, fittings, objects, materials,
substances, ledgers, contracts, deeds and other documents, and the operations and documentation of
the provider of the public service, and request the production of a written form of documentation
which reliably confirms the electronic form if the documentation is kept in electronic form,
2. to establish the manner in which services are provided at the premises of the provider of the public
service and, with the consent of the user, the premises of the user,
3. to take samples of materials and equipment free of charge for the needs of the investigation,
4. to photograph or record on another visual data medium the premises, facilities, machinery,
installations and other objects of the provider of the public service and, with the consent of the user,
those of the user, and reproduce them at a later date.
5. to perform other actions in accordance with the purpose of the technical supervision.
(10) In the process of technical supervision, the Ministry may impose on a provider of a public service
by means of a decision a specific manner of performing services in accordance with regulations or the
rules of the profession, or prohibit specific behaviour in the performance of these services which is not
in accordance with regulations or the rules of the profession.
(11) If the commercial public service referred to in the first paragraph of this Article is provided
through the awarding of a concession, the Government shall remove the concession by means of a
decision if the concession holder does not act in accordance with enforceable decisions of state bodies,
local government bodies or holders of public authority, or if in the provision of the public service he
infringes regulations or the rules of the profession in such a way that it is no longer possible to expect
from him the correct and quality provision of the public service.
(12) The Government shall prescribe in more detail the grounds for the removal of the concession
referred to in the preceding paragraph.'
Article 80
In Article 152 a new second paragraph shall be added, to read:
'(2) If the entity referred to in the preceding paragraph obtains the status of non-governmental
organisation, the Ministry shall cover 50 % of the costs of the audit referred to in point 5 of the
preceding paragraph.
The existing second paragraph shall become the third paragraph.
Article 81
In Article 153 a new second paragraph shall be added, to read:
'(2) Notwithstanding the provision of the preceding paragraph, the minister shall also grant, by a
decision, the status of non-governmental organisation to an entity referred to in the preceding
paragraph that does not meet the condition referred to in point 5 of the first paragraph of the preceding
Article, although it shall not have the right to participate in decision-making procedures under this
Act.'
The existing second paragraph shall become the third paragraph.
New fourth and fifth paragraphs shall be added, to read:
'(4) The entity referred to in the second paragraph of this Article shall not be required to submit the
proofs referred to in point 5 of the preceding paragraph.
(5) An entity which has obtained the status of a non-governmental organisation operating in the public
interest on the basis of the Acts regulating nature conservation or the protection or use of natural
goods or the protection of cultural heritage, may obtain the status of non-governmental organisation
under this Act and have the right to participate in decision-making procedures under this Act if it
meets the condition referred to in point 5 of the first paragraph of the preceding Article.'
The existing third paragraph shall become the sixth paragraph.
Article 82
In the second paragraph of Article 156, the words '18, 19 and 20' shall be replaced by the words '17,
18, 19, 20 and 148', and the word 'mining' shall be inserted after the word 'nature'.
In the third paragraph the words 'or permit to release greenhouse gases' shall be inserted before the
comma at the end of points 1.
Article 83
In point 1 of the first paragraph of Article 157, the words 'in connection with the source of
environmental pollution or during the implementation of an intervention affecting the environment'
shall be deleted.
Article 84
After Article 157, a new Article 157.a shall be added, to read:
'Article 157.a
(action in the case of illegally deposited waste)
(1) If municipal waste has been illegally deposited on land that is the property of the State or a
municipality, the municipal inspectorate service shall order the provider of the public service of
municipal waste management to remove this waste, and the latter shall do so in accordance with
regulations on waste management. An appeal against the decision shall not delay its execution.
(2) If the waste other than the waste referred to in the preceding paragraph is deposited illegally on
land that is the property of the State or a municipality, the national inspectorate responsible for the
environment shall order the provider of the public service or other person authorised to manage
specific types of waste to remove them, and the latter shall do so in accordance with regulations on
waste management. An appeal against the decision shall not delay its execution.
(3) The costs of removing the waste referred to in the preceding paragraphs shall be borne by the
owner of the land, or in the case of possession being exercised by another person, by the person who
exercises possession.
(4) If the police or the inspectorate discover who was responsible for illegally depositing the waste, the
municipality or the state shall have the right and the obligation to recover from him the costs referred
to in the preceding paragraph.
(5) If waste is illegally deposited on land that is the property of a subject of private law, the owner or
other person exercising possession shall be ordered to remove the waste by the municipal inspectorate
in the case of municipal waste and by the national inspectorate in the case of other waste. An appeal
against the decision order shall not delay its execution.'
Article 85
Article 161 shall be amended to read:
'(1) A fine of between EUR 75 000 and EUR 125 000 shall be imposed on a legal person that:
1. does not hold an environmental permit for the processing or disposal of waste (second paragraph of
Article 20),
2. collects or transports or mediates in the provision of processing or disposal of waste but is not
entered in the register of persons referred to in the fourth paragraph of Article 104 of this Act (third
paragraph of Article 20),
3. does not hold an environmental permit to operate an installation referred to in Article 68 of this Act
or operates an installation in contravention of the permit (first paragraph of Article 68 and first
paragraph of Article 74),
4. does not hold an environmental permit to operate an installation referred to in Article 82 of this Act
or operates an installation in contravention of the permit (first paragraph of Article 82 and first
paragraph of Article 84),
5. does not hold an environmental permit to operate a plant referred to in Article 86 of this Act or
operates a plant in contravention of the permit (first paragraph of Article 86 and second paragraph of
Article 89),
6. for the operation of an installation in which activities are performed that generate greenhouse gas
emissions, has not obtained a permit for their release (first paragraph of Article 118),
(2) A fine of between EUR 50 000 and EUR 75 000 shall be imposed on a sole trader or individual
independently pursuing an activity for the offence referred to in the preceding paragraph.
(3) A fine of between EUR 3 500 and EUR 4 100 shall also be imposed on the responsible person of a
legal person, the responsible person of a sole trader, the responsible person of an individual
independently pursuing an activity or the responsible person of a municipality for the offence referred
to in the first paragraph of this Article.'
(4) If the offence referred to in the first paragraph of this Article results in major environmental
damage in accordance with the provisions of this Act or is committed intentionally or for the purpose
of profit, fines shall be imposed as follows:
1. for a legal person, a fine of EUR 225 000 to EUR 375 000,
2. a sole trader or individual pursuing an activity, a fine of between EUR 150 000 and EUR 225 000
and
3. the responsible person of a legal person, the responsible person of a sole trader, the responsible
person of an individual independently pursuing an activity or the responsible person of a municipality,
a fine of EUR 10 500 to EUR 12 300.'
Article 86
Article 162 shall be amended to read:
(1) A fine of between EUR 40 000 and EUR 75 000 shall be imposed on a legal person that:
1. uses for its product an eco-label not awarded to it, or uses such label in contravention of the
prescribed and determined conditions, or marks a product with a label sufficiently similar to the label
as to cause possible confusion on the market or mislead consumers (seventh and eighth paragraphs of
Article 31),
2. refers to the registration of its organisation in the EMAS system or uses the EMAS logo without
being included in the EMAS system in compliance with the regulations, or uses a logo sufficiently
similar to the EMAS logo as to cause possible confusion on the market or mislead consumers (tenth
paragraph of Article 32),
3. starts the operation of an installation referred to in the second paragraph of Article 69 of this Act
without notifying the Ministry and the competent inspection service of this (third paragraph of Article
76),
4. does not notify the Ministry and carries out modifications to the operation of an installation referred
to in Article 68 of this Act (first paragraph of Article 77),
5. does not notify the Ministry of its intention to finally terminate operation of an installation referred
to in Article 68 of this Act (first paragraph of Article 81),
6. does not notify the Ministry of having fulfilled the requirements of an environmental permit relating
to measures following the termination of operation of an installation in the event of liquidation of the
operator or the start of a bankruptcy procedure (second paragraph of Article 81),
7. does not notify the Ministry and the competent inspection service of the start of operation of an
installation referred to in Article 82 (first paragraph of Article 85),
8. does not notify the Ministry and carries out modifications to the operation of an installation referred
to in Article 82 of this Act (second paragraph of Article 85),
9. does not notify the Ministry of the final termination of operation of an installation referred to in
Article 82 of this Act or of the termination of the operator (third paragraph of Article 85),
10. acts in contravention of the first paragraph of Article 90,
11. does not notify the Ministry and the competent inspection service of the start of operation of a
plant referred to in Article 86 (first paragraph of Article 91),
12. does not notify the Ministry of the final termination of operation of a plant referred to in Article 86
of this Act or of the termination of the operator (second paragraph of Article 91),
13. does not notify the Ministry of an imminent threat of environmental damage and does not take all
necessary measures to prevent it (first paragraph of Article 110.d),
14. does not notify the Ministry of an occurrence of environmental damage and does not take all
necessary measures to limit it (first paragraph of Article 110.d),
15. acts in contravention of Article 120,
16. does not notify the Ministry of the termination of operation of an installation referred to in Article
118 of this Act or of the termination of the operator (first paragraph of Article 121),
17. does not submit a greenhouse gas emissions monitoring plan within the time limit or does not
communicate an intended amendment to the greenhouse gas emissions monitoring plan and
implements it (first and second paragraphs of Article 133);
18. does not provide monitoring of greenhouse gas emissions and does not send the report on
greenhouse gas emissions with a written opinion within the prescribed time limit (fourth and fifth
paragraphs of Article 133)
19. performs verification of a report on greenhouse gas emissions despite a final decision removing
authorisation (second paragraph of Article 134.b) or
20. trades in emission allowances in contravention of Article 138.
(2) A fine of between EUR 30 000 and EUR 50 000 shall be imposed on a legal person, sole trader or
individual independently pursuing an activity for the offence referred to in the preceding paragraph.
(3) A fine of between EUR 2 000 and EUR 3 500 shall also be imposed on the responsible person of a
legal person, the responsible person of a sole trader, the responsible person of an individual
independently pursuing an activity or the responsible person of a municipality for the offence referred
to in the first paragraph of this Article.'
Article 87
New Articles 162.a, 162.b and 162.c shall be added after Article 162, to read:
'Article 162.a
(administrative offences)
'(1) A fine of between EUR 20 000 and EUR 40 000 shall be imposed on a legal person if:
1. as the causer of a major accident, it fails to carry out all the prescribed measures referred to in
Article 28,
2. it does not employ or contract at least one authorised environmental protection officer (first
paragraph of Article 30),
3. it causes a temporary or periodical excessive environmental impact, but has not obtained a permit
for this from the Ministry or the competent municipal authority (first and second paragraphs of Article
94),
4. it fails to ensure operational monitoring or does not permit access to commercial or other premises
or does not report data on operational monitoring to the Ministry or municipality in accordance with
regulations (first, third and fifth paragraphs of Article 101) or
5. as the provider of operational monitoring, it infringes the operational monitoring methodology and
the manner and form of reporting data prescribed by the minister (fifth paragraph of Article 101).
(2) A fine of between EUR 10 000 and EUR 20 000 shall be imposed on a sole trader or individual
independently pursuing an activity for the offence referred to in the preceding paragraph.
(3) A fine of between EUR 1 500 and EUR 2 000 shall also be imposed on the responsible person of a
legal person, the responsible person of a sole trader, the responsible person of an individual
independently pursuing an activity or the responsible person of a municipality for the offence referred
to in the first paragraph of this Article.'
Article 162.b
(administrative offences)
(1) A fine of between EUR 10 000 and EUR 20 000 shall be imposed on a legal person if:
1. as the causer of an environmental accident it fails to immediately notify the authority competent for
notification (first paragraph of Article 27),
2. its authorised environmental protection officer does not meet the prescribed conditions (fourth
paragraph of Article 30),
3. it fails to notify the Ministry of the appointment of an authorised environmental protection officer,
of changes to the officer's duties or the officer's dismissal (fifth paragraph of Article 30),
4. as the owner or other holder of land, acts in contravention of the first paragraph of Article 100,
5. does not enable a commercial public service provider access to a heating appliance, smoke pipe or
ventilation system (second paragraph of Article 148) or
6. does not carry out, or acts in contravention of, measures ordered by an inspection service (Article
157 of this Act).
(2) A fine of between EUR 5 000 and EUR 10 000 shall be imposed on a sole trader or individual
independently pursuing an activity for the offence referred to in the preceding paragraph.
(3) A fine of between EUR 1 000 and EUR 1 500 shall also be imposed on the responsible person of a
legal person, the responsible person of a sole trader, the responsible person of an individual
independently pursuing an activity or the responsible person of a municipality for the offence referred
to in the first paragraph of this Article.'
(4) A fine of EUR 600 shall be imposed on an individual committing the acts referred to in points 4, 5
and 6 of the first paragraph of this Article.
Article 162.c
(imposition of fines)
(1) A person who has committed the offences referred to in Articles 161, 162, 162.a and 162.b of this
Act may also be imposed, under expedited procedure, a fine in an amount that is greater than the
lowest prescribed fine if the fine is prescribed in a range.
(2) In deciding the level of the fine referred to in the preceding paragraph, the gravity of the offence
and its consequences for the environment shall be taken into account.'
Article 88
In the third paragraph of Article 172 the words 'the Ministry shall issue a decision' shall be replaced by
the words 'the inspectorate competent for environmental protection shall issue a decision after the
decision refusing the issue of an environmental permit becomes final.'
TRANSITIONAL AND FINAL PROVISIONS
Article 89
(persons authorised to draw up environmental reports and environmental impact reports)
(1) The provisions of the first paragraph of Article 55 of this Act shall start to apply on 1 January
2010.
(2) Until the date referred to in the preceding paragraph, an environmental report or environmental
impact report may be drawn up by a person authorised to do so by the drafter of the plan or the person
responsible for the intervention affecting the environment.
(3) Notwithstanding the provisions of the preceding paragraphs, an environmental report or
environmental impact report may be drawn up by a person who as of 1 January 2010 had a contract
with the drafter of the plan or the person responsible for the intervention to draw up an environmental
report or environmental impact report, but the drafter of the plan or the person responsible for the
intervention must enclose the audit of the environmental report or environmental impact report with
the application for a certificate of approval of the plan or environmental consent.
Article 90
(issuing an environmental permit for an existing installations that may cause large-scale pollution)
(1) In the procedure for issuing an environmental permit for an existing installation referred to in
Article 68 of this Act, the provisions of Articles 71 and 73 shall not apply and the report on the impact
area of the installation referred to in the second paragraph of Article 70 of this Act does not need to be
enclosed with the application for the permit. The provisions of Article 84.a of this Act shall apply to
the designation of parties to the procedure.
(2) The existing installation referred to in the preceding paragraph shall mean an installation defined
as an existing installation by the Decree on activities and installations that may cause large-scale
environmental pollution (OJ RS, No 97/04, 71/07 and 122/07).
Article 91
(start of application of provisions to establish liability for environmental damage)
The provisions of chapter V.a of this Act shall not apply to environmental damage caused by an
emission, incident or emergency that occurred before this Act entered into force or is the consequence
of an activity ended before this Act entered into force.
Article 92
(adaptation of issued permits release greenhouse gases)
(1) Permits to release greenhouse gases issued before this Act entered into force shall be adapted, ex
officio, by the Ministry to the provisions of this Act within three months of this Act entering into force.
(2) As part of the adaptation referred to in the preceding paragraph, the Ministry shall also approve the
greenhouse gas emissions monitoring plan referred to in the first paragraph of Article 133 of this Act,
which the holder of a permit to release greenhouse gases must send to the Ministry within one month
of this Act entering into force.
Article 93
(coordination of the operation of the Ecological Fund of the Republic of Slovenia)
(1) The Ecological Fund of the Republic of Slovenia, the public fund established by the Environment
Protection Act (OJ RS, No 39/06 – official consolidated text, 49/06 – ZMetD, 66/06 – Constitutional
Court decision and 33/07 – ZPNačrt) shall continue its work as Eco-Fund: the Public Environmental
Fund of the Republic of Slovenia from the day this Act enters into force. The bodies of the Ecological
Fund of the Republic of Slovenia shall continue their work as bodies of the Fund as per this Act until
the end of the period for which they were appointed.
(2) Calls for tenders of the Ecological Fund of the Republic of Slovenia commenced before this Act
entered into force shall be concluded according to the procedures and conditions set out in the
individual call for tenders.
(3) The founding instrument of the Fund must be coordinated with this Act within three months of this
Act entering into force, and the general operating conditions within six months of this Act entering
into force.
(4) Until the adoption or adaptation of the acts referred to in the preceding paragraph, the Founding
Instrument of the Ecological Fund of the Republic of Slovenia (OJ RS, No 85/04 and 55/06) and the
General Operating Conditions for the promotion of development in the field of environmental
protection (OJ RS, No 117/06) shall apply, unless they are in contradiction with this Act.
Article 94
(validity of regulations)
(1) On the day this Act enters into force, the third paragraph of Article 48, the third paragraph of
Article 59 and the third paragraph of Article 106 of the Spatial Planning Act (OJ RS, No 33/07) shall
cease to apply.
(2) On the day this Act enters into force, Articles 66 and 67 of the Ionising Radiation Protection and
Nuclear Safety Act (OJ RS, No 67/02) shall cease to apply.
(3) Regulations issued pursuant to Articles 101 and 134 of the Environment Protection Act (OJ RS,
No 39/06 – official consolidated text, 49/06 – ZMetD, 66/06 – Constitutional Court decision and 33/07
– ZPNačrt) shall continue to apply until the new regulations are issued, unless they are in contradiction
with this Act.
Article 95
(issuing of implementing regulations)
(1) The Government shall issue the regulations referred to in Articles 110.e, 110.f, 140 and 148 of this
Act within six months of this Act entering into force.
(2) The minister shall issue the regulations referred to in Articles 55, 56.c, 110.b, 142 and 142.c of this
Act and publish the resolutions of the competent authority for the Kyoto Protocol referred to in Article
140 of this Act within six months of this Act entering into force.
(3) By agreement with the ministers responsible for cultural heritage and human health, the minister
shall issue the regulations referred to in Articles 56 and 56.a within six months of this Act entering
into force.
Article 96
(entry into force)
This Act shall enter into force on the fifteenth day after its publication in the official journal (Uradni
list) of the Republic of Slovenia.
No 801-01/90-3/150
Ljubljana, 27 June 2008
EPA 2032-IV
National Assembly
of the Republic of Slovenia
France Cukjati MD
President