Untitled - MendelNet 2013 - Mendelova zemědělská a lesnická ...

MENDELNET 2013The current situation of environmental impact assessment and strategic environmentalassessment in Slovak Republic and HungaryAt present Act No. 24/2006 Coll. is applicable in Slovak Republic on the field of environmentalassessment, which regulates the procedure for professional and public assessment of the effects ofproposed strategic documents and activities on the environment before their authorization orapproval, transboundary impact assessment, competencies of state administration bodies,municipalities and rights and responsibilities of concerned public. The second part of the Actregulates the process of SEA (§ 4 - § 14), and the third part the process of EIA (§ 18 - § 37). Since2007 eleven amendments of the Act were approved (275/2007 Coll., 454/2007 Coll., 287/2009Coll. 117/2010 Coll. 145/2010 Coll., 258 / 2011 Coll., 408/2011 Coll., 345/2012 Coll., 448/2012Coll., 39/2013 Coll., 180/2013 Coll.) (MŽP SR. 2013).In Hungary there are six legislative regulations [1995/LIII., 2004/CXL., 314/2005. (XII. 25.),33/2005. (XII. 27.), 347/2006. (XII. 23.), 297/2009. (XII. 21.)] applicable to the field ofenvironmental impact assessment. Act LIII. of 1995 in § 66 - § 69 declares the basic requirementsfor EIA, IPPC and enumerates various types of licenses. Governmental Decree No. 314/2005. (XII.25.) on environmental impact assessment and on integrated pollution prevention and controlprocess provides further details on EIA process, the list of activities mandatory to EIA, the list ofactivities which are subjects to preliminary assessment and requirements for documentation. Inaddition, this governmental decree includes regulations regarding integrated pollution preventionand control process (IPCC) procedure. 28 amendments of the governmental decree were approvedsince 2006 (MRV M, 2013). At present there are five legislative regulations in Hungary[1995/LIII., 2004/CXL., 33/2005. (XII. 27.), 2/2005. (I. 11.), 297/2009 (XII. 21.)] applicable to thefield of strategic environmental assessment. Basic requirements for SEA are included in Act LIII of1995, which pays attention to the SEA in § 43 - § 45. According to Governmental Decree No.2/2005. (I. 11.) on environmental assessment of certain plans and programs, which specify furtherdetails, SEA has to be a part in elaboration, coordination and approval of a strategic document. 12amendments of the governmental decree were approved since 2006.Slovak Republic and Hungary are both members of international community and EU, so they areobliged to implement EU directives and international conventions adopted by the EU into theirnational legislation. In 2009 two reports were published by the European Commission focusing onimplementation, application and effectiveness of the EIA and SEA Directives in EU member states,which conclude that the above mentioned processes have been incorporated successfully not only tothe law system but also into practice in Slovak Republic and Hungary (European Commission2009a, 2009b). While implementing EIA and SEA into national legislation, these countries haveused various methods of integration, which reflects in a couple of differences in continuance ofthese processes (Tamásová A. 2013).Environmental impact assessment in the Slovak Republic is an independent process ended by afinal statement about the expected impacts of proposed activity. EIA has to be carried out beforethe permitting procedure, which ensures that the results about the expected impacts of the proposedactivity are available. While issuing any kind of permission related to the proposed activity, thefinal statement has to be taken into consideration. In Hungary EIA is the first step of the permittingprocedure and is ended by issuing an environmental permit or rejecting the proposal. It is notpossible to issue other types of permit for activities, which haven’t received environmental permityet. It is important to highlight, that Hungarian legislative allows combining the processes of EIAand IPPC. Slovak legislation does not allow such an alternative. Strategic environmentalassessment is also an independent process in the Slovak Republic, ended by a final statement aboutthe expected impacts of strategic document. Without a final statement, which has to be taken intoconsideration, the competent authority is not allowed to approve the strategic document. InHungary SEA is already one of the components of approval procedure. Report on the expectedimpacts of strategic document is elaborated and submitted for approval together with the document508 | P age