Analysis of the reports submitted by Member States on the
implementation of directive 2008/1/EC, Directive
2000/76/EC, Directive 1999/13/EC and further development
of the web platform to publish the information
Draft report on subtask 3: Analysis of Member States
implementation of IPPC and WI Directives – Annex A:
Member States IPPC factsheets
Report to the European Commission
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Issue1
April 2010
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Analysis of the reports submitted by the Member States
Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Title
Analysis of the reports submitted by the Member States and the further
development of the web platform to publish the information
Customer
European Commission
Customer reference
ANV.C.4/FRA/2007/0011
Confidentiality,
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reproduction
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Marie Leverton
AEA
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Katrijn Alaerts (VITO
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AEA Energy & Environment
iii
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Table of contents
Annex A
iv
5
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Annex A
Annex A sets out the detailed overviews of the Member States responses to the questionnaire.
For each Member State a individual fact sheet is drafted containing:
-
The main text given in the response to each qualitative question by means of a short
summary. This short summary presents the most relevant information provided by the MS in
relation to each question. The responses of the Member States are compared with the data
given in the previous reporting exercise, to see whether important changes have been made
during this reporting period. The questions are structured using the 5 main categories, used
in the reporting tool. The qualitative questions are further split into subcategories providing
an overview of specific practical approach and experiences of the Member States for each
of the main categories.
-
Presentation of the Member States quantitative data in tables;
-
The completeness table, which indicates the degree to which the answers comply with the
requirements of the questionnaire. The method described in the main report is used;
-
A summary on the status of implementation. This summary describes whether or not all
requirements are implemented into a functional and effective practical systems. In particular
the recent progress since the previous reporting made by the MS is assessed and the
implementation issues solved are enlightened.
These fact sheets were presented to the Member States for approval. All comments, clarifications
and additional information provided by the Member States were taken into account.
These fact sheets are used as the basis for the analysis made in previous chapters.
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Slovakia
Overview of the answers
The table below presents the detailed analysis of Austria’s responses to each question of the
questionnaire, by means of a short summary or standardised answer where appropriate. Comments
regarding the adequacy of the answers in relation to the requirements of the questionnaire are
added where necessary.
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Table 1: Slovakia – overview of the answers
Question
number
–
sub
question
reporting
tool
1
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Category: general description
Subcategory: National legislation and legal provisions
1.1
Have any significant changes been made since the last reporting
period (2003-2005) to national or sub-national legislation and to the
permitting system(s) that implement Directive 2008/1/EC?
Yes.
Remarks
Level at which legislation apply
In 2008 MoEn SR Regulation No 391/2003 was amended The
amendment of the regulation ensures elimination of duplicate
notification of data on pollutants by IPPC operators, who are
simultaneously required to declare these data in accordance with
Act No 205/2004 on the gathering, storage and dissemination of
information on the environment and amendments to some acts.
MoEn SR Regulation No 63/2008 amending MoEn SR Regulation
No 391/2003 implementing Act No 245/2003 on integrated
prevention and control of environmental pollution and
amendments to some acts.
National
Please describe the changes in 2006-2008
Amendment of existing legislation.
Please describe the reasons for these changes
Part of an overall revision of the environmental legislative
framework.
Reference to legislation (2003-2005)
Reference to new legislation or legislative framework
1.3
Describe any legally binding measures or administrative plans
established to ensure compliance with the requirements referred to
in Article 5(1) by 30 October 2007
AEA Group
The competent administrative body (Slovak Environmental
Inspectorate) specified a timetable for operators to submit an
application for granting an integrated permit by 30 October 2007.
In the transitional provisions the national legal rule (Act No
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1.4
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Have operators been obliged to submit, or could competent
authorities request from operators the submission of, permit
applications for this purpose?
245/2003 on IPPC, Section 29) imposes on existing operators the
liability to submit an application for granting an integrated permit
in the time limit set in the summons of the administrative body,
otherwise, at latest by 31.12.2005. The competent administrative
body must decide on the application at latest by 31.10.2007. After
agreement with the European Commission (Treaty of Accession),
the competent administrative body shifted the fulfilment of certain
conditions of the permit for selected installations (10 in total) to
2010 and 2011, though the date for issue of the integrated permit
was not postponed.
Yes.
Remarks
1.4.1
If Yes, please explain:
1.5
Describe any changes made since the last reporting period in the
organizational structure of the permitting procedures (levels of
authorities, distribution of competencies, etc.):
Are there changes considering the involved competent authorities?
Operators are liable to submit applications for an integrated
permit for reason of 1) start of proceedings on issue of an
integrated permit or 2) start of proceedings on issue of an
amended integrated permit. This obligation is set for operators in
Section 12 (1) of Act No 245/2003 on integrated pollution
prevention and control and amendments to some acts.
None of the amendments in question were made in the evaluated
period.
Remarks
1.5.1
If Yes, please explain:
1.6
Are there any particular difficulties in ensuring full co-ordination of
the permitting procedure and conditions, especially where more
than one competent authority is involved, as required by Article 7?
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Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Remarks
1.6.1
If Yes, please explain:
1.7
Are there any legislation or guidance documents produced on this
issue?
Yes.
Remarks
1.7.1
If Yes, please explain:
1.8
What legal provisions, procedures or guidance are used to ensure
that competent authorities refuse to grant a permit in cases where
an installation does not comply with the requirements of Directive
2008/1/EC?
AEA Group
The provisions providing for proceedings for issue of the
integrated permit and check of the conditions of the integrated
permit are primarily given in Act No 245/2003. If they are not part
of that act, they are stipulated in these legal rules: - Act No
71/1967 on administrative procedure, as amended, the
“administrative code”, - Act No 10/1995 on controls in state
administration, as amended. The issue of permitting buildings at
installations is resolved separately, where, in addition to the
abovementioned legal rules, Act No 50/1976 on land planning
and the building code (the building act), as amended, applies.
1) Issue of the integrated permit is rejected in the case of noncompliance with all the requirements by the operator in the
proceedings on issue of the integrated permit.
2)
Discontinuation of proceedings is possible within the
meaning of Section 30 of Act No 71/1967 on administrative
procedure whereby an administrative body shall discontinue
proceedings if it finds that:
- the party who proposed the motion for the start of
proceedings is not a party to the proceedings and such
proceedings cannot be started by the administrative body, or
- another competent administrative body has started
proceedings in the matter, unless the administrative bodies
decide otherwise, or
- a court started proceedings in the matter before
submission of the motion, unless a special rule stipulates
otherwise, or
- the grounds of proceedings started at the motion of the
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Question (Q)
administrative body no longer exist, etc.
1.9
Have permits been refused so far?
No.
Remarks
If available, give information on the numbers and circumstances in
which permits have been refused (optional):
1.9.1
Total numbers of permits that have been refused within the reporting
period
1.9.2
Circumstances in which permits have been refused
Subcategory: Specific Member States approach
Subcategory: Experiences of Member States
1.2
Have Member States experienced any difficulties in implementing
the Directive 2008/1/EC associated with the availability and capacity
of staff resources?
Yes.
Remarks
1.2.1
If yes, Describe these difficulties, for instance illustrated as
appropriate by data on current resources.
AEA Group
Lack of qualified experts; limited financial resources for covering
human resource and expert training costs.
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1.2.2
2
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
If yes, Describe any plans to address these difficulties.
Raise staff capacity;
Increase the budget made available to the Competent Authorities
It is necessary not only to increase the capacity of employees, but
also to increase their number, particularly in the case of qualified
experts with necessary experience and language skills.
Category: Permit application and determination process
Subcategory: National legislation and legal provisions
2.1
Describe any general binding rules, guidance documents or
application forms produced to ensure that applications contain all the
information required by Article 6, either generally or in relation to
specific issues (e.g. methodology for the assessment of significant
emissions from installations).
2.2
Describe any general binding rules or specific guidelines for
competent authorities that have been issued on the following issues:
2.2.1
the procedures and criteria for setting emission limit values and
other permit conditions
AEA Group
The details of the application for issue of the integrated permit are
set by Section 11 of Act No 245/2003 on IPPC, which describes
the content of the application and the application annexes.
Section 11 also stipulates that in order to support its application
for the integrated permit an operator may state further data and
information or append documentation, particularly scientific and
research work, expert articles, sets of data and information on
technology used and expert opinions.
Emission limits and general operation conditions are set:
- according to national legislative rules for individual components
of the environment, or
- according to recommend emission limits referred to in BREF
documents, particularly if the emission limit is stricter than the
national emission limit and if it is required by the specific situation
in the given locality where the permitted installation is located,
e.g. if it is an area of controlled air quality.
In addition, procedures for specification of emission limits are also
given in internal directives for the administrative body. The
following 2 internal regulations are concerned: 1. "Manual on the
IPPC permit process intended for inspectors issuing integrated
permits" 2. "Sector manual for landfills”. When specifying the
other conditions of the permit procedures and criteria stated in
national legislative rules, BREF documents and internal directives
are followed.
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Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
the general principles for the determination of best available
techniques
3 types of procedure (A, B, C) are applied for setting BAT:
A) For specifying BAT the general aspects given in Annex 3 to
Act No 245/2003 on integrated pollution prevention and
control and amendments to some acts, as amended, apply:
Aspects which an inspectorate must take account of when
specifying BAT in general or in specific cases with regard to
expected costs and benefits of the planned measure and
with regard to the prevention and initial caution principles
are those of Annex IV of the IPPC DIR.
B)
B) Further principles for setting BAT are given in 2 internal
guidelines for the administrative body’s requirements:
1. "Manual on the IPPC permit process intended for inspectors
issuing integrated permits"
2. "Sector manual for landfills"
C) BAT set in BREF documents.
2.2.3
the implementation of Article 9(4)
Application of Article 9 (4) of the Directive is resolved by Section 3
(5) and 18 (1) (g) of the Act No 245/2003 on IPPC.
The minimization of long-distance of transboundary pollution and
high level of protection for the environment as a whole is in the
articles.
2.13
For which categories of installations and which requirements, if any,
have general binding rules been established, as provided for by
Article 9(8)? (Q 8.1.1) Provide reference to the general binding rules.
2.14
What form do such rules take (e.g. who establishes them and what
legal status do they have)?
Article 9 (8) is applied in the SR whereby setting of some
conditions in the integrated permit is based on requirements set in
generally binding legal rules, chiefly in the area of protection of
the air, protection of water, waste management and protection of
human health.
These rules are generally binding regulations chiefly in the area of
protection of the air, protection of water, waste management and
protection of human health.
Who establishes them?
Slovak National Council, Ministries.
What legal status do they have?
Binding to competent authorities;
Binding to operators
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Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Remarks
It concerns these legislative instruments: acts, government
regulations, orders.
When applying such rules, is provision still made for taking into
account the local factors (mentioned in Article 9(4))?
Yes
Remarks
2.16
If known, how many installations (either as an absolute number or a
percentage) were subject to these rules by the end of the
reporting period?
Not provided.
2.18
How do competent authorities decide in practice, under Article 12,
whether a “change in operation” may have consequences for the
environment (Article 10), and whether such a change is a
“substantial change” which may have significant negative effects on
human beings or the environment (Article 11)?
When deciding whether a change in operation or significant
change in activities or in the installation is involved the
administrative body shall proceed exclusively to Section 8 (7) of
Act No 245/2003 on IPPC.
2.20
Is the frequency of reconsideration and, where necessary, updating
of permit conditions (Article 13) specified in national or sub-national
law?
Yes.
Remarks
The frequency of re-evaluation of the issued integrated permit is
specified in Section 21 (2) of Act No 245/2003 on IPPC. The
conditions of the operation permit are reviewed at least once
every 8 years, in the case of inclusion of the installation in the
eco-management or eco-oriented management and audit
scheme, the conditions of the permit are reviewed once every 10
years. In addition, Section 21 (3) of Act No 245/2003 stipulates
other conditions under which, if they occur, it is necessary to reevaluate the permit, even if the period of 8 or 10 years has not
expired.
No.
2.21
Is there a time limit in the permits?
AEA Group
Not clear which base is use for deciding if a
change is significant.
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Subcategory: approach or experiences
Summary of MS response
Question (Q)
Remarks
If determined by other means: What are those other means?
The period of validity is not set in issued integration permits. That
is legislatively set for 8 or 10 years. A derogation is permits which
permit waste landfill activities which do not comply with the
conditions of Council Directive 1999/31/EC on the landfill of
waste. In such permits the administrative body (Slovak
Environment Inspectorate) specifies the validity period.
Other methods of revaluation or updating conditions do not exist.
Give reference to relevant legislation, guidance or procedures
Act No 245/2003 on IPPC.
2.24
What does the process of reconsidering and updating permit
conditions consist of?
2.25
How is the provision to reconsider permit conditions in cases of
substantial changes in the best available techniques implemented?
On the basis of a submitted application for a change in the
integrated permit submitted by the operator, the competent
authorising authority shall re-evaluate and update the conditions
of the permit. The process of the re-evaluation is similar to the
actual permit procedure; Act No 245/2003 on IPPC is followed.
In the event of a substantial change in the best available
technology, the competent authorising authority shall review the
conditions specified in the permit and request that the operator
submit an application for review and update of the permit.
Section 21(3) of Act No 245/2003 on IPPC.
2.22
Comments
Give reference to relevant legislation, guidance or procedures
Subcategory: Specific Member States approach
2.3
How, in general terms, is the information published by the
Commission pursuant to Article 17 taken into account generally or in
specific cases when determining best available techniques?
This information is one of the bases for setting BAT.
2.4
How are the BREFs concretely used for setting permit conditions?
The competent authority shall set the conditions of the permit in
terms of financial options and availability of technology for the
operator, while making use of individual BREF documents for
setting these conditions: - for setting emission limits, - for
specification of conditions of performing functions in the
installation, - for monitoring emission sources, - for waste
management, -for energy management.
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Question
number
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question
reporting
tool
2.5
Main category
Subcategory: approach or experiences
Comments
Question (Q)
Are the BREFs (or part of them) translated?
If available, provide a weblink on where these translations can be
found
2.8
Summary of MS response
Have environmental management systems been taken into account
in setting permit conditions?
BREF documents are not translated into Slovak language (except
for a summary), since there is a translation of some BREF
documents in the Czech language which is fully comprehensible.
An agreement was made between the MoEn SR and MoEn CR
on the basis of which the Slovak side may use the Czech
translations of BREF documents, which are included in the IPPC
information system, which also has updated information on new
translations of BREF documents into Czech language.
http://ipkz.enviroportal.sk/bat-dokumenty.php
No.
Remarks
If Yes, please explain how
2.9
What types of permit conditions or other measures have typically
been applied for the purposes of Article 3(f) (site restoration upon
definitive cessation of activities) and how have they been
implemented in practice?
2.10
What types of permit conditions relating to energy efficiency have
typically been determined (Article 3(d))?
AEA Group
The integrated permit specifies measures for cases of cessation
of activities at an installation, in particular to avoid any pollution
risk and return the site of operation to a satisfactory state. In the
event of cessation of activities the operator is required to inform
the Slovak Environment Agency. The SEA shall check whether
the operator has implemented all measures imposed on it in the
integrated permit. The SEA maintains state surveillance until the
abovementioned measures are implemented.
Conditions ensuring effective use of energy are specified in the
permit for each installation individually. Specified are: - technical
measures to reduce energy consumption where possible, e.g.
maximum possible level of reusing waste heat in the
manufacturing process, use of equipment with low energy
consumption, - organisational measures to reduce energy
consumption, e.g. ensuring control and maintenance of
equipment in a good technical state, monitoring consumption.
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Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
How has the possibility set in Article 9(3) to choose not to impose
requirements relating to energy efficiency been used?
All installations covered by EU ETS were not subject to
requirements relating to energy efficiency.
Remarks
2.12
Have any steps been taken to ensure that, in accordance with Article
11, competent authorities follow or are informed of developments in
best available techniques?
Yes.
Remarks
If so, provide details
Measures to ensure compliance with Article 11 are stipulated in
Section 28 (3) of Act No 245/2003 on IPPC. According to this
provision in the BAT area the Slovak Environment Inspectorate
monitors BAT technological research and development for
individual industrial branches; it specifies BAT for individual
industrial branches and publishes important data on them. In
collaboration with associations of operators in matters of
introducing BAT, the SEI monitors and assesses data acquired
from using BAT at individual categories of installations; it provides
these assessments to the Ministry and business associations in
individual industrial branches.
If not, what plans are there to meet this requirement?
2.17
2.23
Have cases arisen where Article 10 applies and the use of best
available techniques is insufficient to satisfy an environmental quality
standard set out in Community legislation (as defined in Article
2(7))?
What is the representative frequency (or expected representative
frequency) for the reconsideration of permit conditions?
No.
6 – 10 years.
Subcategory: Experiences of Member States
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Main category
Subcategory: approach or experiences
Summary of MS response
Question (Q)
How useful, as a source of information for determining emission limit
values, equivalent parameters and technical measures based on
the best available techniques, is the information published by the
Commission pursuant to Articles 17?
How could it be improved?
Useful for all BREFs.
2.19
How many applications for ‘substantial changes’ were determined
during the reporting period? Provide the data by activity type,
referring to the template and notes laid down in part 2.
In the assessed period the administrative body held proceedings
on substantial changes in operation in 940 cases. More detailed
information for individual types of activity is given in part 1 of the
questionnaire in column 9 of the table.
3
Category: Compliance and enforcement
2.7
Comments
We propose that reference conditions under which emission limits
are set be described in more detail for these emission limits in the
BREF documents.
Subcategory: National legislation and legal provisions
3.4
Give reference to any specific regulations, procedures or guidelines
for competent authorities on this subject.
AEA Group
In the integrated permit conditions are specified for the operator
for monitoring and submission of monitoring reports. The methods
of establishing data from monitoring are given, e.g., in these legal
regulations: for pollutants released into the atmosphere: - MoEn
SR Regulation No 408/2008 on monitoring emissions and air
quality - MoEn SR Regulation No 61/2004 laying down
requirements for keeping operation records and the range of
other data on scope of data on stationary sources of polluting
substances released into water: - Slovak Government Regulation
No 296/2005 laying down quality objectives for surface waters
and pollution indicator limit values for waste waters and special
waters, MoEn Regulation No 221/2005 laying down details for
surveying of the occurrence and assessment of the state of
surface waters and groundwaters, their monitoring and records on
waters and the water balance. Data on compliance with noise
limit values in the environment: - Regulation No 549/2007 laying
down details of permissible values of sound, infrasound and
vibrations and requirements for objectification of sound,
infrasound and vibrations in the environment. Data from
monitoring at waste landfills: - MoEn Regulation No 283/2001 on
implementation of some provisions of the waste act. Data from
monitoring installations for was incineration or combined waste
incineration: - Act No 478/2002 on atmospheric protection.
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Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Subcategory: Specific Member States approach
3.1
How do operators regularly inform authorities of the results of
release monitoring?
Information on paper; during continual monitoring in some cases
it is possible to monitor the results of monitoring on operators’
websites (with a certain delay).
Remarks
3.2
Provide information on the representative frequency for the
submission of such information.
Annual
More frequently than annually
Case by case reporting
In the case of IPPC installations this does not mean on-line
information on emissions, but data are issued on websites.
Remarks
3.3
Is a periodic monitoring report submitted by operators?
Yes.
Remarks
3.5
To the extent available, and if not submitted in the reporting under
the Recommendation providing for minimum criteria for
environmental inspections in the Member States, provide
representative information, as regards installations falling under the
scope of Directive 2008/1/EC, on the carrying-out of on-site
inspections and the taking of samples (type, number, frequency).
Not available.
3.6
What types of actions (e.g. sanctions or other measures) have been
taken as a result of accidents, incidents and non-compliance with
permit conditions.
Order remediation
Fine or penalty
Suspension or revocation of (part of) permit
Other
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Question (Q)
Subcategory: Experiences of Member States
3.5.1
(Optional) If available, provide the total number of site visits during
the reporting period.
2006: 24
2007: 208
2008: 236
3.5.2
(Optional) If available, provide the number of installations where site
visits took place.
2006: 24
2007: 208
2008: 236
3.5.3
(Optional) Are samples taken during site visits?
in some cases.
3.5.4
(Optional) If available, provide information on the type and number of
samples taken.
In total 17 waste water samples and one waste sample were
collected in the assessed period.
4
Category: Access to information, public participation
and transboundary cooperation
Subcategory: National legislation and legal provisions
4.1
What, if any, significant changes have there been since the last
reporting period to transposing legislation providing for information
and participation of the public in the permit procedure, as required by
Directive 2008/1/EC (Articles 15 and 16) ?
If there have been significant changes, please describe these
AEA Group
Amendment to Act No 245/2003 on IPPC and amendments to
some acts by Act No 532/2004, amending Act No 245/2003 on
IPPC. Amendment to MoEn SR Implementing Regulation No
391/2005 by Regulation No 63/2008, amending Act No 245/2003
on integrated prevention and control of environmental pollution
and amendments to some acts, as amended – gathering and
making accessible data on emissions.
There have been significant changes.
Following amendment of Act No 245/2003 on IPPC and
amendments to some acts by Act No 532/2005, amending Act No
245/2003 on IPPC, there was a change in terms of involvement of
the public in proceedings on issue of the integrated permit and its
awareness. Changes concerned: - change to the structure of the
application for an integrated permit, - display of the application in
full on the internet, - publication of calls to the involved public, to
the public and persons who have the right to be involved on the
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Question (Q)
internet, on official notice boards of the administrative body or
municipality, in the local press etc., the deadline by which
applications may be submitted, their responses, where
applications can be viewed, - information from the administration
body on the time, place and manner in which other information on
the proceedings is available, and details of the involvement of the
public and involved public in proceedings, - setting up public
access over the internet to data on emissions emitted from
installations (http://nrz.shmu.sk/index.php), - Amendment to
MoEn SR Implementing Regulation No 391/2005 by Regulation
No 63/2008, amending Act No 245/2003 on integrated prevention
and control of environmental pollution and amendments to some
acts, as amended – gathering and making accessible data on
emissions.
Subcategory: Specific Member States approach
Subcategory: Experiences of Member States
4.2
If there have been significant changes, what has been the effect
upon competent authorities, permit applicants and the public
concerned of the amended requirements?
Access to single permits applications via internet;
Access to permits via internet
Access to applications for an integrated permit on the internet is
limited to 15 days from its issue. Issued legally valid integrated
permits are published on the internet without limit.
Remarks
4.3
Have there been instances in the reporting period of the use of
Article 18 requirements in respect of transboundary information and
cooperation?
Yes.
If Yes, provide examples illustrative of the general procedures used.
In regard to cross-border information and cooperation the
administrative body (the Slovak Environment Inspectorate)
proceeds in accordance with Section 28 (2) of Act No 245/2003
on IPPC. As the affected body in the permitting of installations
with a cross-border environmental impact or possible crossborder environmental impact on the Slovak Republic in
neighbouring EU Member States, the SEI ensures: - sending
opinions on behalf of the SR to the competent body of the
AEA Group
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Question
number
–
sub
question
reporting
tool
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
neighbouring Member State in the time limit set by the body of the
neighbouring Member State, - informing the public on
proceedings and on the possibility of sending the SEI written
responses to the permission and forwarding the responses of the
public to the competent body of the neighbouring Member State, publication of decisions of the competent body of the
neighbouring Member State.
5
Category: Other
Subcategory: National legislation and legal provisions
Subcategory: Specific Member States approach
5.3
What measures have been taken within national or sub-national
legislation or administrative arrangements to increase coherence
between implementation of the Directive 2008/1/EC and other
instruments?
Council Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment
Council Directive 96/82/EC on the control of major accident
hazards involving dangerous substances
Council Directive 1999/13/EC on the limitation of
emissions of volatile organic compounds due to the
use of organic solvents in certain activities and
installations
Council Directive 1999/31/EC on the landfill of
waste
AEA Group
Section 11 (2) (c) of the Act on IPPC requires the following to be
appended to the application for the integrated permit: final
opinion from the process of environmental impact assessment –
drafted in accordance with Act 24/2006, which transposed
Directive 85/337/EEC
Section 11 (2) (c) of the Act on IPPC requires the following to be
appended to the application for the integrated permit: the safety
report (if part of the integrated proceedings is also building permit
proceedings) drafted in accordance with Act 261/2002, which
transposed Directive 96/82/EC
Part of the integrated permit procedure is proceedings in the area
of atmospheric protection; this subsection of proceedings is
consistent with Act No 401/2003, which transposed Directive
1999/13/EC.
Part of the integrated permit procedure is proceedings in the area
of waste; this subsection of proceedings is consistent with Act No
223/2002, which transposed Directive 1999/31/EC.
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Question
number
–
sub
question
reporting
tool
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Directive 2000/60/EC of the European Parliament
and of the Council establishing a framework for
Community action in the field of water policy
Directive 2000/76/EC of the European Parliament
and of the Council on the incineration of waste
Directive 2001/80/EC of the European Parliament
and of the Council on the limitation of emissions of certain pollutants
into the air from large combustion plants
Directive 2003/87/EC of the European Parliament
and of the Council establishing a scheme for
greenhouse gas emission allowance trading
Regulation (EC) No. 166/2006 of the European
Parliament and of the Council establishing the
European Pollutant Release and Transfer Register
AEA Group
Part of the integrated permit procedure is proceedings in the area
of surface water and groundwater; this subsection of proceedings
is consistent with Act No 364/2004, which transposed Directive
2004/60/EC.
Part of the integrated permit procedure is proceedings in the area
of waste; this subsection of proceedings is consistent with
Regulation No 283/2001, which transposed Directive 2001/76/EC.
The issue of IPPC in the conditions of Slovak law is also
consistent with Directive 2001/80/EC, since part of the integrated
permit procedure is proceedings in the area of atmospheric
protection. This subsection of proceedings (integrated permit) is,
within the meaning of Section 8 (2) of the Act on IPPC, consistent
with Directive 2001/80/EC, since it is implemented within the
meaning of Act No 478/2002 on air, in connection with MoEn SR
Order No 706/2002 Coll. on sources of atmospheric pollution,
emission limits, technical requirements and general conditions of
operation, the list of pollutants, categorisation of sources of
atmospheric pollution and requirements for ensuring the
dispersion of pollutant emissions. This Regulation No 706/2002
(inter alia) transposed Directive 2001/80/EC into Slovak law.
By amendment of Act No 205/2004 on the gathering, storage and
dissemination of information on the environment – because of the
coming into force of Regulation No 166/2006 on E-PRTR, the
institution of reducing administrative burden on IPPC operators
was introduced. Operators falling under IPPC and notifying
mandatory data to the competent body need not notify data in the
National Pollutant Emission Register in duplicate (within the
meaning of Regulation No 166/2006 on E-PRTR). State bodies
shall ensure that data acquired from IPPC operators is elaborated
in the E-PRTR.
The process of integrated permission is implemented by
procedures within the meaning of Act No 71/1967 on
administrative procedure (the administration code). Application of
the obligatory provisions of this act inter alia ensures: involvement of the public in decision-making on environmental
issues (IPPC issues) - informing the public on matters associated
with the environment (associated with IPPC) - the possibility of
using legal remedies to change decisions of state bodies.
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Question
number
–
sub
question
reporting
tool
Main category
Subcategory: approach or experiences
Comments
Question (Q)
Other:
5.4
Summary of MS response
Have measures been introduced at national or sub-national levels to
streamline the reporting requested by competent authorities from
operators under the Directive 2008/1/EC and other Community
instruments?
Remarks
If yes,
(Optional) If available, provide reference to such measures, and any
possibilities that you see for improvement of the EU requirements in
this area.
The process of integrated permission is implemented by
procedures within the meaning of Act No 71/1967 on
administrative procedure (the administration code). Application of
the obligatory provisions of this act inter alia ensures: involvement of the public in decision-making on environmental
issues (IPPC issues) - informing the public on matters associated
with the environment (associated with IPPC) - the possibility of
using legal remedies to change decisions of state bodies.
Yes.
Measures have been adopted in the national legal code ensuring
harmonisation of the submission of reports resulting from the
IPPC Directive and Regulation (EC) No 166/2006 establishing the
E-PRTR.
Streamining: By the introduction of unified forms for collecting
data on emissions preventing the sending of this data in duplicate
by operators to the competent authorities.
Reference to instrument that organizes this streamlining:
Harmonisation in the area of submitting reports is governed by
Section 4 and 5 of Regulation No 391/2003 implementing Act No
245/2003 on IPPC.
Subcategory: Experiences of Member States
5.1
How do Member States generally view the effectiveness of Directive
2008/1/EC, inter alia in comparison with other Community
environmental instruments?
Other
Remarks
1. Directive 2008/1/EC is transposed into Slovak law by Act No
245/2003 Coll. on integrated pollution prevention and control and
amendments to some acts (hereinafter “Act on IPPC”). This act
adopted: Council Directive 96/61/ES 2. Integrated permission = a
process resulting in an INTEGRATED PERMIT. An integrated
permit this conditioned by submission of a precisely specified set
of documents resulting from other EU standards. This set of
documents is defined in Section 11 of the IPPC act. The benefit of
Directive 2008/1/EC is in the integrated assessment of the impact
of an installation on the environment and in control ensuring
effective monitoring of pollution passing between individual
AEA Group
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Question
number
–
sub
question
reporting
tool
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
environmental components.
5.2
Based on relevant studies and analysis, if available, what have been
the estimated environmental benefits and costs (including
administrative and compliance costs) of implementing the Directive
2008/1/EC? Give references to these studies and analyses.
5.3
What is your practical experience regarding the interface between
the permitting requirements under the Directive 2008/1/EC and
other Community instruments which can apply to installations falling
under scope of Directive 2008/1/EC?
Not available.
Council Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment
None.
Council Directive 96/82/EC on the control of major accident
hazards involving dangerous substances
None.
Council Directive 1999/13/EC on the limitation of
emissions of volatile organic compounds due to the
use of organic solvents in certain activities and
installations
Council Directive 1999/31/EC on the landfill of
waste
SK applies this by means of national atmospheric protection
rules.
Directive 2000/60/EC of the European Parliament
and of the Council establishing a framework for
Community action in the field of water policy
Non.
Directive 2000/76/EC of the European Parliament
and of the Council on the incineration of waste
SK applies this by means of national atmospheric protection
rules.
Directive 2001/80/EC of the European Parliament
and of the Council on the limitation of emissions of certain pollutants
into the air from large combustion plants
SK applies this by means of national atmospheric protection
rules.
AEA Group
SK worked with it for waste landfills, for which we extended the
operation deadline to 15.7.2009
24
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Question
number
–
sub
question
reporting
tool
Main category
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
Directive 2003/87/EC of the European Parliament
and of the Council establishing a scheme for
greenhouse gas emission allowance trading
None.
Regulation (EC) No. 166/2006 of the European
Parliament and of the Council establishing the
European Pollutant Release and Transfer Register
None.
Other:
5.5
Are there any particular implementation issues that give rise to
concerns in your country?
No.
Remarks
If yes, please specify
AEA Group
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Member State quantitative data
The table below presents the data related to ‘Numbers of installations and permits’ (question 2.1 of the original questionnaire).
Ins tallation type
Pe r m its for ne w ins tallations
Pe r m its for e xis ting ins tallations
Othe r data
4. No. of permits
granted under
A rts. 6 and 8 by
end 2008
5. No. of IPPC
permits
reconsidered but
not updated by
end 2008
6. No. of permits
reconsidered and
updated by end
2008
7. No., if any, of
outstanding
permits at end
2008 (in conf lict
w ith Directive)
8. No; of
installations
9. No of
applications f or
‘substantial
changes’
determined during
the reporting
period
1. No. Of new
installation at the
end 2008
2. No. of permits
granted by end
2008
3. No. of existing
installations
operating at end
2008
1.1. Combustion
3
3
41
41
0
0
0
44
110
1.2 Mineral oil and gas ref ining
0
0
13
13
0
0
0
13
12
1.3. Coke ovens
0
0
1
1
0
0
0
1
6
1.4. Coal gasif ication and liquef action
0
0
0
0
0
0
0
0
0
2.1. Metal ore roasting/sintering
0
0
2
2
0
0
0
2
8
2.2. Producing pig iron or steel
1
1
5
5
0
0
0
6
20
2.3 (a) Hot-rolling mills
0
0
2
2
0
0
0
2
2.3 (b) Smitheries
0
0
0
0
0
0
0
0
0
2.3 (c) A pplying f used metal coats
2
2
8
8
0
0
0
10
23
2.4. Foundries
0
0
6
6
0
0
0
6
22
2.5 (a) Producing non-f errous crude metals
1
1
1
1
0
0
0
2
23
2.5 (b) Smelting non-f errous metals
1
1
7
7
0
0
0
8
14
2.6. Surf ace treatment of metals and plastic
8
8
12
12
0
0
0
20
32
3.1. Producing cement or lime
0
0
14
14
0
0
0
14
113
3.2. Producing asbestos
0
0
0
0
0
0
0
0
0
3.3. Manuf acture of glass
0
0
6
6
0
0
0
6
23
3.4. Melting minerals
0
0
1
1
0
0
0
1
3
3.5. Manuf acture of ceramics
1
1
20
20
0
0
0
21
39
4.1. Producing organic chemicals
5
5
40
40
0
0
0
45
65
4.2 Producing inorganic chemicals
0
0
5
5
0
0
0
5
15
4.3 Producing f ertilisers
0
0
5
5
0
0
0
5
16
4.4 Producing plant health products/biocides
1
1
3
3
0
0
0
4
3
4.5 Producing pharmaceuticals
2
2
6
6
0
0
0
8
9
4.6 Producing explosives
0
0
1
1
0
0
0
1
0
2
2
10
10
0
0
0
12
24
Installation type based on A nnex I activity to
Directive 96/61/EC
1. Ene r gy
2. Fe r r ous m e tals
5
3. M ine r als
4. Che m icals (s e e note 8)
5. Was te
5.1. Disposal or recovery of hazardous w aste
1
0
0
0
1
1
0
0
0
0
0
1
0
10
10
81
81
0
0
0
91
165
6.1 (a) Producing pulp
0
0
2
2
0
0
0
2
20
(b) Producing paper and board
0
0
9
9
0
0
0
9
19
6.2. Pretreatment or dyeing of f ibres or textiles
0
0
0
0
0
0
0
0
0
6.3. Tanning hides and skins
0
0
3
3
0
0
0
3
7
6.4. (a) Slaughterhouses
1
1
6
6
0
0
0
7
6.4 (b) Treatment and processing of f ood
products
1
1
12
12
0
0
0
13
6.4 (c) Treatment and processing of milk
1
1
2
2
0
0
0
3
2
6.5. Disposal or recycling of animal carcasses
1
1
3
3
0
0
0
4
17
6.6 (a) Intensive rearing of poultry
4
4
70
70
0
0
0
74
25
6.6 (b) Intensive rearing of production pigs
0
0
38
38
0
0
0
38
16
6.6 (c) Intensive rearing of sow s
0
0
5
5
0
0
0
5
0
6.7. Surf ace treatment using organic solvents
2
2
7
7
0
0
0
9
32
6.8. Producing carbon or electrographite
0
0
4
4
0
0
0
4
7
48
48
452
452
0
0
0
500
940
5.2. Incineration of municipal w aste
5.3. Disposal of non-hazardous w aste
5.4. Landf ills
0
0
1
1
3
6. Othe r
Totals
AEA Group
6
36
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Analysis of completeness
Table presents the level of completeness of the report of Slovakia
Table 2: Slovakia – Completeness analysis table
Question
number,
subquestion
Level of
completeness
Comments
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
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Question
number,
subquestion
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
3.1
3.2.
3.3
3.4
3.5
3.6
4.1
4.2
4.3
5.1
5.2
5.3
5.4
5.5
28
Level of
completeness
Comments
Unrestricted
Analysis of the reports submitted by the Member States
Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Analysis of implementation status
Slovakia provides a (fairly) complete overview of the national legislation and the legal provisions
in place to ensure compliance with the IPPC Directive. Art 5(1) is implemented by Slovakia, but
the competent authority shifted fulfilment of 10 selected installations to the end of 2010 and 2011,
after agreement of the EU COM.
In Slovakia, significant changes have been made since the last reporting period (2003 - 2005) to
national legislation and to the permitting system(s) that implement the IPPC Directive.
Slovakia has experienced difficulties in implementing the IPPC Directive associated with the
availability and capacity of staff resources. Plans to address these difficulties consist of raising
staff capacity and the budget.
Regarding the permit application and determination procedures, Slovakia describes all relevant
procedures, criteria and general principles.
In general, the BREFs are regarded as useful. They are not translated, but there is an agreement
with the Czech authorities on translation (because the Czech language is fully comprehensible for
Slovaks people). BREFs are used for setting permit conditions and ELVs. For determination of
the BAT, Slovakia has three, well documented, procedures. There is a Slovaks authority (Slovak
Environment Inspectorate) which follows up the BAT developments and disseminates the
information.
Operators are obliged to report the results of release monitoring at the minimum annually. On-site
inspections are frequently organised (the number of inspections grown since 2007). In some
cases samples are taken.
Regarding information, public participation and transboundary cooperation significant changes
have been made in Slovakia since the previous reporting period. Art. 15 (on access to information
and public participation in the permit procedure) of the IPPC Directive has been transposed into
national legislation.
In general, Slovakia views the IPPC Directive as an effective tool in combating industrial pollution.
29
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Framework contract No. ENV/C.4/FRA/2007/0011
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30