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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

Executive summary - Europa · Web viewMarie Leverton AEA Gemini Building Harwell IBC Didcot OX110QR UK t: 0870 190 2817 f: 0870 190 5545 AEA is a business name of AEA Technology plc

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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

Unrestricted Commercial

Issue1April 2010

Unrestricted Analysis of the reports submitted by the Member StatesFramework 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, copyright and reproduction

Unrestricted

File reference

Reference number

Marie LevertonAEA Gemini BuildingHarwell IBCDidcot OX110QRUK

t: 0870 190 2817f: 0870 190 5545

AEA is a business name of AEA Technology plc

AEA is certificated to ISO9001 and ISO14001

Author Name Liesbet Goovaerts (VITO)Katrijn Alaerts (VITOIve Vanderreydt (VITO)

Approved by Name

Signature

Date

AEA Energy & Environment

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Table of contents

Annex A 4

AEA

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

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.

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.

AEA Group 5

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

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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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Table 1: Slovakia – overview of the answers

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

1 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 thepermitting system(s) that implement Directive 2008/1/EC?

Yes.

Remarks 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.

Reference to legislation (2003-2005) 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.

Level at which legislation apply 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 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

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

AEA Group 7

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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.

1.4 Have operators been obliged to submit, or could competent authorities request from operators the submission of, permit applications for this purpose?

Yes.

Remarks

1.4.1 If Yes, please explain: 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.

1.5 Describe any changes made since the last reporting period in the organizational structure of the permitting procedures (levels ofauthorities, distribution of competencies, etc.):Are there changes considering the involved competent authorities?

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 morethan one competent authority is involved, as required by Article 7?

No.

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Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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: 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.

1.8 What legal provisions, procedures or guidance are used to ensure that competent authorities refuse to grant a permit in cases wherean installation does not comply with the requirements of Directive 2008/1/EC?

1) Issue of the integrated permit is rejected in the case of non-compliance 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

AEA Group 9

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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.

Lack of qualified experts; limited financial resources for covering human resource and expert training costs.

1.2.2 If yes, Describe any plans to address these difficulties. Raise staff capacity; Increase the budget made available to the Competent AuthoritiesIt is necessary not only to increase the capacity of employees, but also to increase their number, particularly in the case of qualified

AEA Group 10

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Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

experts with necessary experience and language skills.

2 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 theinformation required by Article 6, either generally or in relation to specific issues (e.g. methodology for the assessment of significantemissions from installations).

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.

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

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.

2.2.2 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

AEA Group 11

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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 byArticle 9(8)? (Q 8.1.1) Provide reference to the general binding rules.

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.

2.14 What form do such rules take (e.g. who establishes them and what legal status do they have)?

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

Remarks It concerns these legislative instruments: acts, government regulations, orders.

2.15 When applying such rules, is provision still made for taking into account the local factors (mentioned in Article 9(4))?

Yes

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Question number – sub question reporting tool

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Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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 thereporting period?

Not provided.

2.18 How do competent authorities decide in practice, under Article 12, whether a “change in operation” may have consequences for theenvironment (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.

Not clear which base is use for deciding if a change is significant.

2.20 Is the frequency of reconsideration and, where necessary, updating of permit conditions (Article 13) specified in national or sub-nationallaw?

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 re-evaluate the permit, even if the period of 8 or 10 years has not expired.

2.21 Is there a time limit in the permits? No.

Remarks 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.

2.22 If determined by other means: What are those other means? Other methods of revaluation or updating conditions do not exist.

AEA Group 13

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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?

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.

2.25 How is the provision to reconsider permit conditions in cases of substantial changes in the best available techniques implemented?

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.

Give reference to relevant legislation, guidance or procedures Section 21(3) of Act No 245/2003 on IPPC.

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 inspecific 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.

2.5 Are the BREFs (or part of them) translated? 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.

AEA Group 14

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Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

If available, provide a weblink on where these translations can be found

http://ipkz.enviroportal.sk/bat-dokumenty.php

2.8 Have environmental management systems been taken into account in setting permit conditions?

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 upondefinitive cessation of activities) and how have they been implemented in practice?

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.

2.10 What types of permit conditions relating to energy efficiency have typically been determined (Article 3(d))?

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.

2.11 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

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Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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 Have cases arisen where Article 10 applies and the use of best available techniques is insufficient to satisfy an environmental qualitystandard set out in Community legislation (as defined in Article 2(7))?

No.

2.23 What is the representative frequency (or expected representative frequency) for the reconsideration of permit conditions?

6 – 10 years.

Subcategory: Experiences of Member States

2.6 How useful, as a source of information for determining emission limit values, equivalent parameters and technical measures based onthe best available techniques, is the information published by the Commission pursuant to Articles 17?

Useful for all BREFs.

2.7 How could it be improved? We propose that reference conditions under which emission limits are set be described in more detail for these emission limits in the BREF documents.

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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

Subcategory: National legislation and legal provisions

3.4 Give reference to any specific regulations, procedures or guidelines for competent authorities on this subject.

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.

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).

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Question number – sub question reporting tool

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Subcategory: approach or experiences

Question (Q)

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Remarks

3.2 Provide information on the representative frequency for the submission of such information.

AnnualMore frequently than annuallyCase by case reportingIn 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 forenvironmental 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 withpermit conditions.

Order remediationFine or penaltySuspension or revocation of (part of) permitOther

Subcategory: Experiences of Member States

3.5.1 (Optional) If available, provide the total number of site visits during the reporting period.

2006: 242007: 2082008: 236

3.5.2 (Optional) If available, provide the number of installations where site visits took place.

2006: 242007: 2082008: 236

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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 informationand participation of the public in the permit procedure, as required by Directive 2008/1/EC (Articles 15 and 16) ?

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.

If there have been significant changes, please describe these 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 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

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Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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 publicconcerned of the amended requirements?

Access to single permits applications via internet;Access to permits via internetAccess 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 andcooperation?

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 cross-border 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 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

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

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Question (Q)

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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

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

Council Directive 96/82/EC on the control of major accidenthazards involving dangerous substances

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

Council Directive 1999/13/EC on the limitation ofemissions of volatile organic compounds due to theuse of organic solvents in certain activities andinstallations

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.

Council Directive 1999/31/EC on the landfill ofwaste

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.

Directive 2000/60/EC of the European Parliamentand of the Council establishing a framework forCommunity action in the field of water policy

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.

Directive 2000/76/EC of the European Parliamentand of the Council on the incineration of waste

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.

Directive 2001/80/EC of the European Parliamentand of the Council on the limitation of emissions of certain pollutants

The issue of IPPC in the conditions of Slovak law is also consistent with Directive 2001/80/EC, since part of the integrated

AEA Group 21

Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

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Question (Q)

Summary of MS response Comments

into the air from large combustion plants 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.

Directive 2003/87/EC of the European Parliamentand of the Council establishing a scheme forgreenhouse gas emission allowance trading

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.

Regulation (EC) No. 166/2006 of the EuropeanParliament and of the Council establishing theEuropean Pollutant Release and Transfer Register

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.

Other: 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.

5.4 Have measures been introduced at national or sub-national levels to streamline the reporting requested by competent authorities fromoperators under the Directive 2008/1/EC and other Community instruments?

Yes.

Remarks Measures have been adopted in the national legal code ensuring

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

harmonisation of the submission of reports resulting from the IPPC Directive and Regulation (EC) No 166/2006 establishing the E-PRTR.

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.

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 Communityenvironmental 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 environmental components.

5.2 Based on relevant studies and analysis, if available, what have been the estimated environmental benefits and costs (includingadministrative and compliance costs) of implementing the Directive 2008/1/EC? Give references to these studies and analyses.

Not available.

5.3 What is your practical experience regarding the interface between the permitting requirements under the Directive 2008/1/EC andother Community instruments which can apply to installations falling under scope of Directive 2008/1/EC?

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

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 accidenthazards involving dangerous substances

None.

Council Directive 1999/13/EC on the limitation ofemissions of volatile organic compounds due to theuse of organic solvents in certain activities andinstallations

SK applies this by means of national atmospheric protection rules.

Council Directive 1999/31/EC on the landfill ofwaste

SK worked with it for waste landfills, for which we extended the operation deadline to 15.7.2009

Directive 2000/60/EC of the European Parliamentand of the Council establishing a framework forCommunity action in the field of water policy

Non.

Directive 2000/76/EC of the European Parliamentand 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 Parliamentand 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.

Directive 2003/87/EC of the European Parliamentand of the Council establishing a scheme forgreenhouse gas emission allowance trading

None.

Regulation (EC) No. 166/2006 of the EuropeanParliament and of the Council establishing theEuropean Pollutant Release and Transfer Register

None.

Other:

5.5 Are there any particular implementation issues that give rise to concerns in your country?

No.

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number – sub question reporting tool

Main category

Subcategory: approach or experiences

Question (Q)

Summary of MS response Comments

Remarks

If yes, please specify

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Unrestricted Analysis of the reports submitted by the Member StatesFramework 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).

AEA Group 26

Installation type

8. No; of installations(1+3)

1. Energy

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 gasification and liquefaction 0 0 0 0 0 0 0 0 0

2. Ferrous metals

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 5

2.3 (b) Smitheries 0 0 0 0 0 0 0 0 0

2.3 (c) Applying fused 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-ferrous crude metals 1 1 1 1 0 0 0 2 23

2.5 (b) Smelting non-ferrous metals 1 1 7 7 0 0 0 8 14

2.6. Surface treatment of metals and plastic 8 8 12 12 0 0 0 20 32

3. Minerals

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. Manufacture 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. Manufacture of ceramics 1 1 20 20 0 0 0 21 39

4. Chemicals (see note 8)

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 fertilisers 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

5. Waste

5.1. Disposal or recovery of hazardous w aste 2 2 10 10 0 0 0 12 24

5.2. Incineration of municipal w aste 0 0 1 1 0 0 0 1 3

5.3. Disposal of non-hazardous w aste 1 1 0 0 0 0 0 1 0

5.4. Landfills 10 10 81 81 0 0 0 91 165

6. Other

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 fibres 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 66.4 (b) Treatment and processing of food products

1 1 12 12 0 0 0 1336

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. Surface 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

Totals 48 48 452 452 0 0 0 500 940

Permits for new installations Permits for existing installations Other data

Installation type based on Annex I activity to Directive 96/61/EC

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

4. No. of permits granted under

Arts. 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 conflict w ith Directive)

9. No of applications for

‘substantial changes’

determined during the reporting

period

Unrestricted Analysis of the reports submitted by the Member StatesFramework 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,

sub-question

Level of completeness Comments

1.1

1.2

1.3

1.4

1.5

1.6 only reference toe legislation

1.7

1.8

1.9

2.1 no quantitative data

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

2.16

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Question number,

sub-question

Level of completeness Comments

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

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Unrestricted Analysis of the reports submitted by the Member StatesFramework contract No. ENV/C.4/FRA/2007/0011 Draft Report

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