1. Peter Lukáč Ministry of Environment of the Slovak Republic Department of Environmental Assessment

2. Legal framework  Act No. 24/2006 Coll. on environmental impact assessment amended 12 times last amendment in force since 1st of January 2015; response to the shortcomings raised by the EC under the infringement procedure No. 2013/2034 incorporates provisions of EIA Directive, SEA Directive, Espoo Convention, SEA Protocol, Aarhus Convention

3.  Act No. 24/2006 Coll. – basic division Part 1– Initial provisions (subject of the Act, aim of the Act, definition of the basic terms) Part 2 – Strategic Environmental Assessment (assessment of strategic documents of national, regional and statewide reach) Part 3 – Environmental impact assessment (assessment of the projects) Part 4 – Transboundary impact assessment (EIA + SEA) Annexes – Content and structure of the documentation (EIA + SEA), Criteria for the screening procedure (EIA + SEA), Content and structure of the final record from the assessment (EIA + SEA), List of projects falling under the EIA procedures, List of projects falling under the Espoo Convention, General criteria for the determination of considerably unfavorable transboundary impact, Content of the documentation under the Espoo Convention

4. The Public Concerned (PC)  Strategic Environmental Assessment (SEA) Natural person older than 18 years (individuals) Legal entity (incl. NGOs) Civic initiative - group of natural persons signing the joint statement within the SEA procedure  Environmental Impact Assessment (EIA) Natural person or Group of natural persons Legal entity or Group of legal entities Organizations or Groups of natural persons or legal entities NGOs supporting protection of the environment

5. Strategic Environmental Assessment (SEA)  Mandatory SEA 1. PC can submit its opinions to the Notification on the Strategic document (SD) – „Scoping phase“ (within 15 days since making it public). 2. PC can submit its opinions to the Scoping report (within 10 days since making it public). 3. PC can submit its opinions to the Environmental Report (ER) & Draft SD (within 21 days since making it public). 4. PC can participate on the public hearing (held during the time period for the opinions to the ER & Draft SD; the date and place known at least 10 days before). 5. Individual consultation can be made during the entire SEA procedure.

6. Basic principles  SEA procedure takes its place during the preparation of the SD and before its adoption.  Public information is ensured through internet, media and by affected municipalities.  The documentation from the SEA process including final statement of the complement authority from the SEA procedure is published in electronic form on the internet page www.enviroportal.sk within an integrated information system and is fully available to the public.  Opinions to the Notification on SD must be taken into account while determining the scope of the assessment; Opinions to the Scoping report must be after their evaluation taken into account during preparation of the ER & Draft SD; Opinions to the ER & Draft SD must be included and evaluated in the expert review and in the final statement of the competent authority from the SEA procedure; the final statement must be justified.  In case of the preparation and approval of SD, the existence and the contents of the final statement of the competent authority from the SEA procedure and in particular the conditions of adopting the SD, have to be considered.

7.  The approving authority is obliged to take the results of the public participation in account, especially the opinions of the public, results of consultations and public hearing with the public, raised comments of the public.  PC in SEA procedures has the right to take part in the preparation and SEA procedure until such SD is approved.

8.  SEA Screening 1. PC can submit its opinions to the Notification on the Strategic document (SD) – (within 15 days since making it public). 2. Individual consultation can be made during the entire SEA Screening. Basic principles  SEA Screening takes its place during the preparation of the SD and before its adoption.  Public information is ensured through internet, media and by affected municipalities.  The documentation from the SEA Screening including decision from the SEA Screening is published in electronic form on the internet page www.enviroportal.sk within an integrated information system and is fully available to the public.

9.  The decision from the SEA Screening must be justified and the competent authority must take into account, among other factors, opinions of PC and the result of individual consultation.  If the SD is not assessed, all reasons for not assessing the SD must be published on the internet page www.enviroportal.sk.

10. Environmental Impact Assessment (EIA)  Mandatory EIA 1. PC can submit its opinions to the Preliminary Environmental Study (PES) of the Project – „Scoping phase“ (within 21 days since making it public). 2. PC can submit its opinions to the Scoping report (within 10 days since making it public). 3. PC can submit its opinions to the Environmental Report (ER) of the Project (within 30 days since making it public). 4. PC can participate on the public hearing (held during the time period for the opinions to the ER; the date and place known at least 10 days before). 5. Individual consultation can be made during the entire EIA procedure.

11. Basic principles  EIA procedure takes its place before actual permitting procedure.  Public information is ensured through internet, media and by affected municipalities.  The documentation from the EIA process including final statement of the complement authority from the EIA procedure is published in electronic form on the internet page www.enviroportal.sk within an integrated information system and is fully available to the public.  Opinions to the PES of the Project must be taken into account while determining the scope of the assessment; Opinions to the Scoping report must be after their evaluation taken into account during preparation of the ER of the Project; Opinions to the ER of the Project must be included and evaluated in the expert review and in the final statement of the competent authority from the EIA procedure;  Final statement of the competent authority from the EIA procedure is in its nature a decision, binding both for the Project proponent and the permitting authority.

12.  The Project proponent must ensure reconciliation of the Project with the final statement of the competent authority from the EIA procedure and with the conditions laid down in it.  PC can appeal against the final statement of the competent authority from the EIA procedure (within 30 days since making it public).  The final statement of the competent authority from the EIA procedure can be reviewed by the court.

13.  EIA Screening 1. PC can submit its opinions to the: - Preliminary Environmental Study (PES) of the Project in case of a new Project that is subject of EIA Screening – (within 21 days since making it public). - Notification on a modification of the Project in case of a modification of a Project that is subject of EIA Screening – (within 10 workdays since making it public). 2. Individual consultation can be made during the entire EIA Screening. Basic principles  EIA Screening takes its place before actual permitting procedure.  Public information is ensured through internet, media and by affected municipalities.

14.  The documentation from the EIA Screening including decision from the EIA Screening is published in electronic form on the internet page www.enviroportal.sk within an integrated information system and is fully available to the public.  The decision from the EIA Screening must be justified and the competent authority must take into account, among other factors, opinions of PC and the result of individual consultation.  PC can appeal against the decision of the competent authority from the EIA Screening (within 30 days since making it public).  The decision of the competent authority from the EIA Screening can be reviewed by the court.

15. For more information please contact: Peter Lukáč peter.lukac@enviro.gov.sk Ministry of Environment of the Slovak Republic Department of Environmental Assessment