Area: Okolje in prostor
Competent authority: ','
EZU URL: .nan
Initiative ID: 26
Initiative accepted and completed: '2012-05-11'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-04-13'
Initiative published: '2012-04-13'
Initiative submitted: '2012-04-12'
Response from the competent authority: 'The question is general and mixes several
  types of assessment, but as it refers to the OPN and other plans, we consider that
  it is an assessment at the planning and programme level, as provided for in Directive
  42/2001 on the assessment of plans and programmes relating to the environment. Slovenia
  has transposed the provisions of Directive 42/2001 on the assessment of plans and
  programmes relating to the environment and Directive 85/337 on the assessment of
  certain public and private projects relating to the environment in the Environmental
  Protection Act and the provisions of Council Directive 92/43/EEC on the conservation
  of natural habitats and of wild fauna and flora, as amended, and Council Directive
  79/409/EEC on the conservation of wild birds in the Nature Conservation Act. The
  introduction of environmental assessment procedures at planning and programming
  level under the Directive is an important tool for integrating environmental considerations
  into the preparation and adoption of certain plans and programmes likely to have
  significant effects on the environment in the Member States, by ensuring that such
  effects of the implementation of plans and programmes are taken into account during
  their preparation and before their adoption. It should benefit business by providing
  a more consistent framework for action by integrating relevant environmental information
  at the programming and planning stage. At European Community level, therefore, a
  minimum framework for two types of assessment has been established on the basis
  of these Directives: general environmental assessment under Directive 42/2001 and
  habitat assessment under Directives 92/42/EEC and 79/409/EEC at the level of programmes
  and plans. EU countries have opted for either a combined or a joint assessment procedure,
  and Slovenia has opted for a common combined procedure to avoid duplication of administrative
  work, but it must take care to ensure transparency of content. Therefore, a separate
  section on the assessment of the acceptability of protected areas is required in
  the environmental report, which must deal separately with the Nature 2000 content,
  which is significantly different from the other environmental content that must
  be dealt with in the environmental report under the Regulation laying down the content
  of the environmental report. The assessment of acceptability for protected areas
  is only specifically provided for in cases where a likely significant impact on
  Natura 2000 has already been identified and does not need to be carried out in cases
  where plans and programmes are implemented outside these areas or where the impact
  is insignificant. The Ministry''s proposal for a Regulation on the protection of
  protected areas in Natura 2000 is not relevant for the purposes of this Regulation.
  "The Ministry, in consultation with the competent organisations, will verify whether
  or not a plan is likely to have a significant impact on Natura 2000 and issue a
  decision to that effect. In 2011, the Ministry produced 77 new pre-assessments and
  in 28 cases a plan with a likely significant impact on Natura 2000 was submitted.
  In these cases, an Addendum to the Assessment of the acceptability of the plan for
  protected areas has to be produced. According to the Regulations on the Assessment
  of the Acceptability of the Plan for Protected Areas, this is a best professional
  assessment of the direct, long-range and cumulative impacts on species and habitat
  types, not a copying and duplication. It is also about responsible expert specialist
  assessment, which Slovenia submits to the European Commission in the case of public
  complaints to the European Commission in the verification procedures, and as an
  expert basis in the case of proceedings in areas with priority habitat types and
  species, which Slovenia is obliged to notify to the European Commission under the
  Directive. The Regulations also contain provisions on the accuracy of the Acceptability
  Assessment for protected areas. On the basis of the above, we conclude that the
  abolition of the addendum on the Habitability Assessment of Protected Areas would
  have a negative impact on the transposition and implementation of Directives 92/42/EEC
  and 79/409/EEC in Slovenia, and we therefore consider that the abolition of the
  addendum on the Habitability Assessment of Protected Areas is not an appropriate
  measure.'
Text file: 26.txt
Title: Amendment of the Regulation on the assessment of the acceptability of the impacts
  of plans and interventions in nature on protected areas
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=26
