Environmental Justice and EU Directives in Slovakia

Fifth session of Working group 5 Environment (Chapter 27) Skopje, 26 June 2024 Norbert KURILLA, SLOVAKIA Green Transition & Sustainability Advisor greeningnow@gmail.com, +421 905 886 987

Environmental justice for all an example from Slovakia setting up the right mechanism and transparent process (e.g. working groups, interministerial conslutations, academia, experts, NGOs) lack of consultations and poor planning of the legislative tasks will decrease the acceptance of achieved results short-cuts are not recommended in public debate on important issues rules-based, systemic and inclusive approach Even after 20+ years of the EU accession there are still problems occurring in Slovakia. Political parties and forces do not always respect principles of open and fair governance

EU Environmental Crime Directive entered into force on 20 May 2024, supporting the protection of the environment through criminal law and replacing 2008 Environmental Crime Directive. establishes minimum rules with regards to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as measures to prevent and combat environmental crime. Offences: comprehensive up-to-date list of conducts to be established as criminal offences in the national legal order of Member States. (unlawful ship recycling, water extraction, serious breaches of EU chemicals and mercury legislation, placing on the market and export of relevant commodities and products in breach of the Union Anti-Deforestation Regulation. Qualified offences: qualified offences shall be subject to more severe penalties for natural and legal persons than the ones for the other offences. Penalties: The Directive establishes a graduated system of minimum-maximum imprisonment penalties and, for legal persons, introduces two alternative fining methods based on fixed amounts between 24 and 40 million and the total annual worldwide turnover Enforcement: improve the effectiveness of all actors, such as investigators and police officers, along the enforcement chain to combat environmental crime, for example through sufficient resources, specialised training, cooperation mechanisms Environmental defenders and more

Environmetal Felony / Crime Environmental crime is defined in 3 categories (felony provisions in Criminal Law and Criminal Code): Misdemeanor administrative procedure (Ministry of Environment) Offence (below 266 EUR) administrative procedure (Ministry of Environment) Felony / Crime (damage above 266 EUR) judicial procedure (Ministry of Interior + Police, Ministry of Justice) 1. 2. 3. Environmental Police (started in 2002, fully operational in 2022, nowadays around 200 specialized policemen): National Specific Environmental Crime Unit in the Police Presidium and small environment department at the Ministry of Interior / Chief Environmental Policeman plk. Ing. M rio Kern, Mobile: +421 905 265 302 e-mail.: mario.kern@minv.sk Regional Police Directorate (8 main regions) District Police Directorate (79 districts) Municipal (City) Police Directorate

Environmental Crime Unit in the Police Presidium + Ministry of Interior The Environmental Police consists of the Headquarters, where the investigation department, the operational department and the analytical and technical support department are located, and 7 regional departments This specialized police unit has around 200 police officers, and they are police officers of the criminal police service, who carry out operative-search activities and investigations of all environmental crimes and crimes related to the illegal handling of chemical, biological, radioactive and nuclear materials throughout the territory of the Slovak Republic. Other units of the Police provide cooperation to the Environmental Police Police department carries out specialized technical and professional activities in the area of combating threats, is the international contact point for the fight against environmental crime and criminal activity, including activities within the framework of international investigation teams. Ensures to the necessary extent interdepartmental cooperation, education, training and prevention in the entrusted section of security.

Criminal action against the Environment (provisions in Criminal Law 300/2005 as ammended by the law 47/2024) 300 and 301 Endangerment and damage to the environment 302 Unauthorized disposal of waste 302a - Unauthorized discharge of pollutants 303 and 304 Violation of water and air protection 304a Unauthorized production and handling of ozone-depleting substances layer 305 Violation of the protection of plants and animals 306 - Violation of tree and canopy protection 307 and 308 Spread of infectious disease of animals and plants 309 Escape of organisms 310 Poaching

Criminal action against the Environment (Criminal Law) 212 - Theft 298 and 299 - Unauthorized production and possession of nuclear materials, radioactive substances, high-risk chemical substances and high-risk biological agents and toxins 168 and 169 Endangering health by harmful food and other objects 299a - Unauthorized construction 378 - Cruelty to animals 378a - Neglect of animal care

Environmental crimes overview cca. 60% of cases are initiated/cleared 4500 4000 3500 3000 2500 Ozn men environment lne trestn iny Za at trestn st hanie 2000 Objasnen (vznesen obvinenie) 1500 1000 500 0 2016 2017 2018 2019 2020 2021

Slovak Inspectorate of the Environment The Slovak Inspectorate of the Environment is a specialized supervisory authority providing for the state supervision and imposing fines on the matters concerning environment protection and carrying out the municipal administration in the field of integrated pollution prevention and control Headquaters + 4 regional offices If the damage on environment exceeds 266 EUR, it is investigated and managed in collaboration with the Specialized Environmental Police and other enforcement bodies Effectiveness is improving but still a long way to go

Local authorities in charge of environmental crime Regional authorities in charge of environment matters District authorities in charge of environment matters Local and District Police Units

European Commissions recommendations November 2023 civil society engagement in priority areas and consultation activities (Council for Cooperation resume?) needs to accelerate implementation of the Economic and Investment Plan and of the Green Agenda for the Western Balkans implement concrete measures to reduce air pollution at local and national level and to reduce point and diffuse pollution of freshwater resources; make operational the regional waste management system in the eastern and north-eastern regions; implement the Paris Agreement, including by adopting a Climate Law, consistent with the EU 2030 framework, and by adopting the national adaptation plan. strengthen significanly the administrative and inspection cap

Questions for discussions 1. We would like the experts to update us as to how this felony is defined in his/her national legislation? 2. Are there specialized judges and courts for environmental crime in Slovakia?