Machine Translated by Google www.zbierka.sk IURA EDITION, spol. is solely responsible for the content of these pages. s.r.o Amount 2 Collection of laws No. 4/2010 Page 17 4 LAW of December 2, 2009, amending Act No. 205/2004 Coll. on collection, storage and dissemination of information about the environment and about changes and additions to certain laws as amended The National Council of the Slovak Republic decided on the legal successor of the operator, which on the basis of this Act: provisions of special regulations3f) implements one or more activities according to a special regulation.3e)". Art. AND The footnotes to references 3b to 3f read: "3b) Art. 2 point 6 of the Regulation of the European Parliament and of the Council (EC) Act No. 205/2004 Coll. on the Collection, Storage and No. 166/2006. Dissemination of Information on the Environment and on Change 3c) § 5 of the Commercial Code. and amendments to some laws as amended by law 3d) § 7 of the Commercial Code. No. 24/2006 Coll. and Act No. 515/2008 Coll. are amended 3e) Annex I of the Regulation of the European Parliament and of the Council (EC) No. 166/2006. and adds as follows: 3f) For example, § 22 par. 8 of Act No. 223/2001 Coll. on waste 1. In § 2 par. 1 letter a) the first point reads: and on amendments to certain laws, § 88 of the Act No. 7/2005 Coll. on bankruptcy and restructuring and on the "1. about the state of all components of the environment, how amendment and implementation of certain laws as amended." are air, water, soil, rock environment, important biotopes of the natural environment, such as 7. In § 2 par. 1, letters g) and h) are deleted. wetlands, marine coastal biotopes and other biotopes of wild plants and wild animal husbandry, as well as 8. In the footnote to reference 5, the citation is "Act of the information on the state of the landscape structure, National Council of the Slovak Republic No. 127/1994 biological diversity and genetically modified Z. z. on environmental impact assessment as amended" organisms," replaces the citation with "law No. 24/2006 Coll. on assessment of impacts on the environment 2. In § 2 par. 1 letter a) the second point is above the word and on the amendment and supplementation of certain laws as "pollutants" is placed by reference 1. amended". The footnote to reference 1 reads: "1) Annex II of the Regulation of the European Parliament and of the Council (EC) 9. In § 3 par. 1 letter b) reads: No. 166/2006 of 18 January 2006 on the establishment of the "b) natural persons or legal persons established by law, legal European Register of Releases and Transfers of Polluting Substances, which persons founded or established by a public administration amend Council Directives 91/689/EEC and 96/61/EC body pursuant to a special regulation,4 ) (OJ L 33, 4 February 2006)". which fulfill the tasks of public administration, including professional ones Reference 1 to date is referred to as reference 1a. duties, activities or services related to the living environment,". 3. In § 2 par. 1 letter a) in the second point, the words "damage or may damage" are replaced by the words 10. In § 4 par. 2 letters b) the words "if possible" are omitted. "affect or could affect". 4. In § 2 par. 1 letter c) the words "organizations or groups" 11. Sections 5 and 6, including the headings, read: are inserted after the word "associations". 5. In § 2 par. 1 letter e) above the word "wastewater" "Section 5 places reference 3a. National Pollutant Release Register The footnote to reference 3a reads: and transmissions outside the premises of the establishment "3a) Art. 2 point 15 of the Regulation of the European Parliament and of the Council (EC) No. 166/2006." (1) National register of the release of polluting substances 6. In § 2 par. 1 letter f) reads: and transfers outside the premises of the establishment (hereinafter "national pollution register") is a database based on mandatory "f) operator 3b) is an entrepreneur to whom such belongs periodic reporting of data. enterprise, 3c) or such an organizational component of the Notification for the purposes of this Act means the provision of enterprise , 3d) in which one or more activities are carried data to the national pollution register. out according to a special regulation, 3e) even in the event that this entrepreneur contracts with someone else leased or lent one or more premises, (2) The National Register of Pollution, which is an information on which one or more activities are performed according to system of public administration,5a) contains in particular a special regulation; 3e) the operator is also information according to a special regulation. 5b) © IURA EDITION, spol. s.r.o Machine Translated by Google www.zbierka.sk IURA EDITION, spol. is solely responsible for the content of these pages. s.r.o Page 18 Collection of laws No. 4/2010 Amount 2 §6 essential cases in connection with the emergency event 5j) or during a crisis situation 5k) they report Management of the national pollution register these personal data also at the request of the Ministry. (1) The Ministry collects data into the national (10) Persons according to paragraph 8 are obliged to keep records the pollution register and administers the national register of pollution. and store the data necessary to determine the release of the polluting The Ministry can perform these tasks substance, as well as to determine transfers through an authorized legal entity. outside the location of the establishment, including a description of the methodology (2) Data in the national pollution register are maintained by the used to determine the release of a pollutant ministry or a legal entity authorized by it in such a way that or transmissions outside the premises of the establishment. Obligation in order to enable the search for data on the release of sound cleaning keeping records and storing data also applies to notifications. Preservation means keeping information and protecting it substances and on transfers outside the premises of the establishment, in particular according to from damage, deterioration or loss. Persons according to paragraph 8 a) establishment and its location, are obliged b) activities, keep records and store data for five years c) the operator, following the respective reporting year.5i) d) polluting substance or waste, (11) Persons pursuant to section 8 and obligated persons pursuant to § 3 e) components of the environment into which they pollute are required to collect data. By gathering together ca substance releases, understands the collection of information according to this law f) goals of waste transfer outside the site of the establishment, and their subsequent processing into outputs as needed possibly also depending on whether it is about their disposal dissemination according to this law or their use for the decision-making or appreciation, process of public administration bodies or for the needs of the public. g) the purpose of the transfer of the polluting substance in waste water intended for cleaning outside the site of the establishment. (12) Operator of one or more activities according to of special regulation 3b) and persons according to paragraph 8 letter and) (3) The National Register of Pollution also enables you to search for are required to use the best available information information on the release of polluting substances according to the including monitoring, calculation and professional data surface sources5c) included in it. reviews, while being responsible for quality and correctness (4) The national register of pollution is publicly accessible via the data specified in the notification according to paragraph 7 and in the Internet. registry according to paragraph 10 pri a) determining the release of a polluting substance, (5) Persons who report data according to a special b) determination of transfers outside the premises of the establishment, regulation, 5d) report these data to the ministry or c) collection, calculation or expert estimation of data to a legal entity authorized by him. Ministry directly on surface sources5c) of air and water pollution or through a legal entity authorized by him or soil. coordinates the transfer of this data to the national register pollution. (13) The data obtained from the notification pursuant to paragraph 7 must although included in the national pollution register (6) The Ministry directly or through it and published no later than 15 months after termination of the authorized legal entity coordinates the data transfer of the first reporting year according to the special to the European Register of Releases and Transfers of Polluting regulation 5e) and subsequently no later than 12 months from Substances.5e) the end of each subsequent reporting year.5i) (7) Notification to the national pollution registry The data included in the national pollution register according to this mainly contains data according to a special regulation. 5f) section must be kept in such a way that Persons obliged to report data to the national register public access to them was secured for at least ten years. polluters report these data on notification. (8) Persons obliged to report data to the nation (14) A generally binding legal regulation issued by of the pollution register according to paragraph 7 the Ministry, shall establish a) a legal entity authorized by the Ministry a) content and form of the national pollution register to fulfill the tasks of collection, calculation or expert analysis of data enabling the Ministry in the national register to search for data by on surface sources5c) of pollution user data, of air, water or soil or is a ministry authorized to notify the national pollution register of data obtained b) details of record keeping and data storage, by it in the performance of state administration c) the content and model structure of the notice and details according to a special regulation, 5g) on the conditions and method of its administration, b) a legal entity authorized by the Ministry d) criteria for including surface sources5c) in the national pollution by incorporating operators' notifications submitted according to register, special regulation 5h) into the national pollution register. e) details of data transfer to the European regis trace of pollution, (9) Persons according to paragraph 8 and persons who notify f) details of data sharing between persons according to of section 8." data according to a special regulation,5f) are obliged to report data for the reporting year5i) once a year, at the latest The footnotes to references 5a to 5k read: until March 31 of the following calendar year. In axis "5a) Act No. 275/2006 Coll. on public information systems © IURA EDITION, spol. s.r.o Machine Translated by Google www.zbierka.sk IURA EDITION, spol. is solely responsible for the content of these pages. s.r.o Amount 2 Collection of laws No. 4/2010 Page 19 administration and on the amendment and supplementation of certain laws as 3. report low-quality or incorrect data or amended by earlier regulations. does not use the best available information according to § 6 5b) Art. 3 of the Regulation of the European Parliament and of the Council (EC) paragraph 12, No. 166/2006. 5c) Art. 2 point 12 of the Regulation of the European Parliament and of the Council (EC) b) from EUR 990 to EUR 9,900 to a liable person who does not No. 166/2006. her obligation according to § 7 par. 2, 5d) Act No. 245/2003 Coll., as amended. c) from EUR 9,900 to EUR 16,500 to a legal entity authorized by the Art. 5 of the Regulation of the European Parliament and of the Council (EC) No. 166/2006. Ministry to fulfill the tasks of the Ministry, which 5e) Art. 7 of the Regulation of the European Parliament and of the Council (EC) No. 166/2006. 1. does not coordinate the transfer of data to the national pollution 5f) Art. 5 of the Regulation of the European Parliament and of the Council (EC) register according to § 6 par. 5, No. 166/2006. 5g) For example, Act No. 478/2002 Coll. 2. does not coordinate the transfer of data to the European Register owl of Releases and Transfers of Polluting Substances pursuant to § 5h) § 20 par. 3 letters g) Act No. 245/2003 Coll., as amended. 6 par. 6.” 5i) Art. 2 point 7 of the Regulation of the European Parliament and of the Council (EC) The footnote to reference 8 reads: No. 166/2006. "8) Sections 9 to 11 of Act No. 525/2003 Coll. on State Administration of Care 5j) § 3 par. 2 of the Act of the National Council of the Slovak Republic for the Environment and on Amendments and Supplements to Certain Acts, No. 42/1994 Coll. on civil protection of the population as amended by as amended." earlier regulations. 5k) Art. 1 paragraph 4 of Constitutional Act No. 227/2002 Coll. on security 16. In § 10 par. 5, the words "according to Annex No. 3" will be added of the state in time of war, state of war, state of emergency and state of by the words "listed in the Annex". emergency." 17. § 10a is inserted after § 10, including the title 12. In § 7 par. 1, the following words are added at the end: reads: "and which have or are kept for them, with intent actively and systematically disseminate them to the public". "§ 10a 13. In § 7 par. 2 letters e) the words "damage or Transitional provisions they can damage" are replaced by the words "affect to amendments effective from 1 February 2010 or could influence”. 14. In § 7 par. 2 letters h) the word "pollution" is replaced by the word The Ministry or a legal entity authorized by it "pollution". shall bring the national pollution register into compliance with a special 15. Section 8 paragraph 1 reads: regulation within 3 years from the entry into force of this Act. 5a)". "(1) Slovak Environmental Inspection8 ) (further only "inspection") will impose a fine 18. Annexes No. 1 and 2 are deleted. Annex No. 3 shall be designated a) from 660 euros to 6,600 euros to a person who hears as an attachment. 1. does not comply with the established form, deadline or content notification or will not notify the data at the request of the ministry Art. II according to § 6 par. 9, 2. does not keep records or store data according to § 6 par. 10, This law enters into force on February 1, 2010. Ivan Gašparoviÿ incl Pavol Paška incl Robert Fico incl © IURA EDITION, spol. s.r.o