STA, 6 April 2021 - The upper chamber of parliament has failed to veto the controversial amendments to the water law that were recently passed in the National Assembly and that are being challenged with a referendum motion by civil initiatives.
The proposal to veto the changes came from an interest group representing non-economic services which agrees with experts and civil society that they are not based on appropriate arguments or efforts to pursue comprehensive water management goals.
The group is bothered the most with the provision that pertains to construction of simple facilities and facilities in public use on water, coastal and riparian [wetland] areas.
National councillor Matjaž Gams said during Tuesday's debate that the changes were opposed by experts, as that they were too vague and "open the door too wide to foreign capital to build around the most beautiful gems in Slovenia."
He also noted that NGOs had made the first step towards calling a legislative referendum on the changes. "If you ask me, I think that the referendum will succeed ... as all people are telling me that water is of key importance."
Environment Minister Andrej Vizjak meanwhile said that the main purpose of the changes was to increase funds for regular watercourse maintenance and management and flood control measures, including from the water fund.
"We would have EUR 22 million annually for watercourse maintenance, which is two to three times than now," the minister said, adding that the proposal for the veto was based on arguments that were not true.
Vizjak argued that it is not true that the changes expand the possibility of development of water, coastal and riparian areas.
"This proposal narrows the possibility of construction in coastal areas," as it will be possible to build only facilities in public use under certain conditions, while now even private construction is possible, he added.
The group representing local interests also opposed the veto, saying that the changes would enable municipalities to have a greater say about what was happening around protected watercourses, while also receiving more funds for their management.
Welcoming the non-veto, the Chamber of Commerce and Industry (GZS) said it agreed with the regulation for construction in coastal areas where numerous conditions, including protection of groundwater, would need to be met.
The GZS said in a press release it advocated "preservation of coastal and riparian areas in a regulated general public use" and supported "decisions on possible development of that land being argued with expert decisions."
The vote on the veto motion that was supported by 14 and rejected by 19 national councillors coincides with the filing of almost 43,000 signatures in support of a referendum on the changes by two civil initiatives.
This is more than enough for the proposals to move to the next stage of proceedings, while a representative of one of the initiatives also announced today that they were prepared to challenge the legislation at the Constitutional Court.
For this reason, some councillors argued that it is better to examine the entire act once more, coordinate it and confirm it once again, instead of it being subjected to a referendum in which the initiators would probably be successful.
Vizjak said that in the case of a referendum he was "looking forward to explaining" and that he was ready to join any debate with expert arguments. "I trust in the common sense of Slovenians that they will make the right decision," he added.
STA, 6 April 2021 - Two initiatives to put recently passed changes to the Water Act to a referendum have collected over 9,000 and 33,000 signatures, respectively, more than enough for the proposals to move to the next stage of proceedings. The motions were tabled in parliament today, both groups of NGOs said on Tuesday.
The NGOs had seven days to collect the required 2,500 signatures for the proposal to be submitted after the legislation was passed last Tuesday.
During this seven-day period, against the backdrop of the circuit breaker lockdown and Easter holidays, a total of 9,254 people signed the petition, Alenka Kreč Bricelj of the environmental Smetumet NGO told reporters in front of the parliament building today, representing the first group of petitioners which launched the initiative under the banner of the Zapitnovodo.si movement.
Representatives of the NGOs reiterated at the press conference that economic interests should not outweigh public health concerns and efforts.
They noted that the government-sponsored changes had been passed without an appropriate public consultation, warning about certain provisions of the act being hazardous to the environment and health.
Contentious provisions were added to the bill after the public consultation period ended, Aljoša Petek of the Legal-Informational Centre for NGOs said, warning this was against international law, the Aarhus Convention, EU law and Slovenian law.
Uroš Macerl of the Eko Krog NGO pointed to an opinion by Ombudsman Peter Svetina, who had warned that the changing of such important legislation without consulting the public is problematic. Not only environmental experts are against the changes but also the GZS's chamber of public utilities, he noted.
"We believe that the law that does not enjoy experts' support and could have a long-term impact on our drinking water is not in the interest of Slovenian citizens," said Miha Stegel of the Danes NGO.
Before the passage of the changes, NGOs Eko Krog and Danes launched an online petition calling for the removal of a provision allowing construction of some infrastructure in coastal areas. The petition has been signed by almost 54,000 people.
The NGOs believe that the provision poses risk of degradation for the land and water courses in coastal areas and could pollute surface and underground waters.
Meanwhile, another initiative pushing for the referendum also tabled its proposal in parliament today. The Zdrava Družba (Healthy Society) movement collected 33,670 signatures in a week under the slogan No Giving Up Water. It had the required number of signatures to launch the referendum proceedings already after two days of campaigning.
The representatives of the movement highlighted "an extraordinary response by the people despite lockdown and holidays, circumstances that definitely made collecting signatures more difficult".
They noted that a great number of people who had signed the petition in a week meant a clear message to the authorities, "which ignored our warranted expectations that lockdown would not be exploited for passing contentious laws".
The movement was critical of both the left and right ends of the political spectrum, saying that they were "becoming two sides of the same coin" due to their disregard for basic human values.
Zdrava Družba will continue to raise awareness about all the areas where the interests of capital aim to jeopardise public health and nature, the movement said.
A proposal for the National Council to veto the amendments was defeated today in a 14:19 vote. The proposal was made by an interest group representing non-economic services which agrees with experts and civil society that the changes are not based on appropriate arguments or efforts to pursue comprehensive water management goals.
Stegel of the first group of petitioners said today that on top of the referendum proposal, the NGOs had urged the National Council to veto the changes. Moreover, they are prepared to challenge the legislation at the Constitutional Court.
The opposition Left and SocDems expressed support for the referendum today, saying it would be right if citizens made a final call on the contentious provision.
The Left backed the first initiative, which has been campaigning under the slogan For Drinking Water, noting that the changes paved the way for water pollution, privatisation of public spaces and restricted access to bodies of water.
The SD said the citizens deserved to get across "whether they agree to efforts to put at risk natural water sources and lower the [...] standards of protecting Slovenian water".
The party said it supported the efforts by civil society to prevent the implementation of the changes and is prepared to provide help in the next stage of proceedings as well where 40,000 signatures are required to be collected.
The Environment Ministry has meanwhile dismissed all the allegations, saying that the changes shorten the list of facilities that can be built in coastal areas and eliminate inconsistencies and red tape.
STA, 23 March 2021 - The British company Ascent Resources has announced it will initiate arbitration proceedings against Slovenia over the dispute over permits for the extraction of gas by means of hydraulic fracturing in Petišovci (NE), after the state had failed to set forward a damages proposal. The company has estimated damage to be in excess of EUR 100 million.
Claiming that Slovenia is breaching its obligations to the detriment of the company's investments in Slovenia, procedures to start an investor dispute at international arbitration were formally started by Ascent Resources last July.
This could not happen before a three-month period has passed in which the parties would have the opportunity to settle the dispute amicably.
The two sides entered negotiations last October, but the British company said this would not prejudice its rights to pursue its investment treaty claim under the UK-Slovenia bilateral investment treaty and the Energy Charter Treaty.
The deadline for a possible settlement in the direct negotiations had been set for 19 March this year.
The latest announcement from Ascent Resources comes after the State Attorney's Office told the STA last Saturday that Slovenia had rejected an amicable settlement with the company as the deadline for the decision expired on Friday.
The British company said on its website it "intends to initiate arbitration proceedings against the Republic of Slovenia" and "confirms that an amicable settlement is presently not achievable."
It added that as part of direct pre-arbitration settlement discussions, it had "submitted a damages calculation to the state totalling significantly in excess of EUR 100 million."
The Slovenian Environment Agency issued a decision in March that an environmental impact assessment is needed before a permit can be issued for extraction of gas in Petišovci by re-stimulating two currently producing wells as planned by Ascent Resources and its Slovenian partner Geoenergo. The decision was upheld by the Administrative Court in June this year.
Ascent Resources said in the same release that "it is ultimately expected that the pressure at PG-11A will decline to unsustainable levels without mechanical stimulation (which forms part of the damages claim against the state)."
However, it added that it was pleased PG-11A was currently producing and that it intended to continue production whilst it was possible to do so.
All our stories on Ascent Resources and Slovenia
STA, 16 October 2020 - Putting 38% of Slovenian territory under Natura 2000 protection was "a shot in the knee", Prime Minister Janez Janša told the press after an EU summit that had climate goals as one of the items on the agenda. He indicated Slovenia would only support goals that are feasible.
The EU summit on Thursday called for a strengthening of climate ambitions in the next decade in order to achieve the goal of climate neutrality by 2050. There is no specific agreement yet on the goal to reduce emissions, the desire is to reach one in December.
It was agreed this time that the enhanced goal must be reached together in the most cost-effective way. All member states will participate, whereby national circumstances, fairness and solidarity will be considered.
Eleven member states that have pushed for more ambitious targets issued a special statement calling for an agreement on the goal to reduce emissions by at least 55% by 2030.
Asked whether Slovenia intended to join the eleven, having once considered itself as a climate-ambitious country, Janša said that "politics can change every day, but we will not change natural conditions, in particular when we shot ourselves in the knee in the past."
He said one such shot in the knee was declaring 38% of Slovenia's territory a Natura 200 area, where it is forbidden to produce energy from natural and sustainable sources. The European average is 18%.
"We'll try to be ecologically conscious and yet not be complete idiots like those who drew these maps at that time not realising what it is actually all about," he said.
"We will not deal with the signing of various statements in which you commit to high targets, but at the same time ... expect that others will achieve them," he said, noting that Slovenia would support goals that will actually be implemented and would not pay triple the price like some neighbouring countries might.
Speaking about the summit debate, Janša said that nobody had major qualms about the 55% target, but there were concerns about how to achieve it, the price, and a fair approach.
"These targets need to be achieved so that they are actually sustainable, it should not just be about achieving some formally determined targets notwithstanding the price and consequences."
This means that "it does not make sense to generously subsidise electric cars and abolish diesel [cars] but then burn coal in thermal power plants to charge electric cars. There are rational boundaries here that simply must be respected."
Janša also highlighted the issue of global competitiveness. If Europe, which produces just over a tenth of global emissions, sticks to the rules and limits its own industry to its detriment, its competitiveness will decline, which will leave less money for research and innovation, the only path to achieving long-term climate goals.
He said it was clear the targets cannot be achieved without nuclear energy, which is a problem for some countries. Slovenia will definitely not have a new generator at its nuclear power plant until 2030, which means a lot will have to be done to approach the target.
All our stories on the environment and Slovenia
STA, 18 June 2020 - The government has compiled a list of key investments that will be given priority treatment in administrative procedures so as to help kick-start the economy. The list currently features 187 investments worth EUR 7.7 billion and will be updated on an ongoing basis, Environment Minister Andrej Vizjak told the press on Thursday.
The minister said the main intention of the third stimulus package and the list of investments was to promote the implementation of projects which had come to a standstill due to bureaucratic complications.
A special task force will examine the projects giving them a priority mark based on their feasibility and whether their finances are already clear, he explained after the government session.
It will get down to work in the coming days, "starting with the projects which are closest to being implemented and which can be brought to life fastest".
The task force will feature representatives of agencies and other offices which are key in the process of obtaining permits.
This new approach could well halve the duration of certain administrative procedures, Vizjak said, adding that "the change at the helm of many institutions important for obtaining permits" would also make these offices act in a less bureaucratic manner.
The list features 22 environment projects worth EUR 310 million and 19 energy projects worth EUR 650 million, including a new reactor at Nuclear Power Plant in Krško.
There are also many transport projects, worth a combined EUR 4.5 billion.
Regional development projects, among them projects from health, education, culture etc, are worth more than EUR 2 billion.
"The government believes that starting an investment cycle in Slovenia does not only mean preserving jobs but also creating new ones. Not only in construction but also in many other industries which are related to construction ...."
Vizjak said this was the first list to start with, but it would be further refreshed with potential new investments before the summer holidays.
The list does not feature only publicly funded projects but also those funded from private sources.
"We also count a lot on the [EU post-Covid] recovery fund, which is still being consolidated and formed and which could be a source for many a project."
Also on the list are projects for which the finances have been fully secured, but are deadlocked due to failure to obtain permits.
The list moreover includes a number of projects which are needed systemically, from new homes for the elderly and housing to water supply, flood safety.
The minister believes the list is an important message to businesses showing that the government would like to encourage an investment cycle and "that everyone who would like to invest in environmentally feasible projects and who wants to see the country's further development in all areas, is welcome".
As for NEK 2, the second reactor at the Krško Nuclear Power Plant, Vizjak recalled it had been placed among important projects already back in 2006.
It has now made it to the list of key investments "because finally, siting procedures should be launched".
The Chamber of Commerce and Industry (GZS) has described the list as "a contribution to the revival of the economy and the preservation of many jobs".
The list, which was initially expected to include 50-odd projects, now features virtually all major public infrastructure projects currently under consideration.
Some of the biggest projects are ongoing construction of a new track between Divača and Koper, several smaller rail projects across the entire rail network, the north-south expressway in eastern Slovenia, dubbed the third development axis, and the passenger terminal in Ljubljana.
Energy projects on the list include the Mokrice hydro plant on the Sava, the second unit at Krško plus the radwaste repository, and a transmission line upgrade between Cirkovce and Pince in eastern Slovenia.
Several flood protection projects are on the list as well, along with multiple housing projects, construction of new care homes, hospitals and university buildings.
In the culture segment, the new wing of the National and University Library, dubbed NUK2, made the cut along with a renovation of the SNG Drama theatre in Ljubljana and the National Archives building.
STA, 3 June 2020 - The Administrative Court has upheld the decision of the Slovenian Environment Agency (ARSO) that an environmental impact assessment is needed before any permits can be issued for hydraulic fracturing planned by British company Ascent Resources at the Petišovci gas field in the north-east of Slovenia.
The London-based oil and gas exploration company, which is operating in Slovenia with its partner Geoenergo, announced the ruling on Tuesday.
It added that it is "in the process of beginning preparations for submission of an environmental impact assessment, alongside the stimulation and field development planning which was initiated recently".
ARSO said in March last year that the plans for hydraulic fracturing required an environmental impact assessment and this was confirmed in June last year by the Environment Ministry. Geoenergo therefore turned to the Administrative Court, which has upheld the decision.
"The court decision, along with earlier action by the state, will constitute important evidence to support the claim the company intends to bring against Slovenia under the Energy Charter Treaty," Ascent Resources added on Tuesday in a reference to plans to demand EUR 50 million in damages from Slovenia for delays in the development of the gas field.
Geoenergo, which is co-owned by the Slovenian state-controlled energy companies Petrol and Nafta Lendava and has been striving for the project together with Ascent Resources since May 2017, expressed on Wednesday regret over the court's decision.
It assessed that "an environmental impact assessment is not necessary for the planned intervention, one that has already been executed in past on several occasions in line with Slovenian legislation".
Geoenergo, which spoke of a key project "for the development of north-east Slovenia that would provide greater energy independence for Slovenia", added that the ruling would have negative consequences for "what are already unreasonably protracted administrative procedure that prevent the preservation of the existing production of gas".
Meanwhile, Ascent Resources announced for its investors last week that it would hold on to plans for the re-stimulation of its producing wells in Petišovci. It expects to obtain the necessary permits by the end of the year.
Ascent Resources moreover wrote that it has "observed the recent changes introduced by the new Slovenian government and increasingly confident position on the likelihood of the project receiving the permits required for further stimulation".
All our stories on Ascent Resources and Slovenia
STA, 12 May 2020 - The parliamentary Environment Committee approved on Tuesday an amendment to the nature conservation act significantly limiting the ability of NGOs to take part in administrative procedures representing public interest. Despite poor weather and a ban on public gathering, several hundred protesters rallied against the amendment.
The amendment was filed by the opposition National Party (SNS) as the committee was getting ready to debate government-sponsored changes to the nature conservation act which focused above all on tweaks needed to incorporate EU law.
The amendment, which is criticised by the opposition as an open attack on NGOs, is nearly identical to government-proposed changes recently passed to construction legislation, under which only a handful of NGOs are still able to represent public interest in construction permit procedures.
Under the changes, associations would have to have at least 50 active members, institutes would need at least three full-time employees with university degrees and institutions would need to have assets exceeding EUR 10,000.
Moreover, to represent the public, NGOs would have to meet these conditions retroactively for two years.
Also, they would have to prove their compliance by revealing annual assembly minutes, the names of those present and show bank accounts to prove membership fees are being paid.
Amid warnings that the amendment in this form would slash the number of NGOs recognised as representing public interest in conservation of natural environment from 47 to 5 and also affect key stakeholder associations, the coalition Modern Centre Party (SMC) filed an amendment to the amendment to "protect" certain environmental groups, among them the associations representing fishermen and beekeepers.
Danes smo pred parlamentom oddali glas za naravo! ???? #NaraveNeDamo #BrezStrahu ✊ Foto: Katja Jemec, Balkan River Defence pic.twitter.com/HVoHoq1utL
— Brez strahu (@BrezStrahu) May 12, 2020
Who is grabbing the nature will be beaten on his fingers! #Demo #NaraveNeDamo #Protest #Ljubljana pic.twitter.com/PHlkm0ASEl
— Komunal.org (@KomunalMedia) May 12, 2020
The changes were also questioned by the parliament's legal service, which took issue with they way they entered the session's agenda while also it also argued they could be at odds with the constitution.
Environment Minister Andrej Vizjak begged to differ, saying individuals would continue to be able to express their opinion and associations would be able to continue operating under the act governing associations.
He argued there were as many opinions as there were jurists and that similar arrangements were in place in other countries as well.
In the debate, the head of the Centre of NGOs, Goran Forbici, said that the amendment filed by the SMC only barely reduced the magnitude the blow. "It's like suffering a blow by a hammer instead of an axe."
He admitted there were anomalies among NGOs but called on addressing these in dialogue.
Luka Mesec of the Left said the amendment may be submitted for constitutional review, while the Marjan Šarec List (LMŠ) and the Alenka Bratušek Party (SAB) also rejected the amendment.
The SNS and the coalition, on the other hand, defended it. Tadeja Šuštar of New Slovenia (NSi) said that a balance must be found between nature conservation and other projects, adding that some NGOs had no other purpose but to extort.
Mateja Udovč of the SMC meanwhile denied claims that her party filed the amendment to the SNS's amendment merely to establish "peace in the house".
Several hundred protesters gathered in front of the parliament during today's session in a rally organised by the Balkan River Defence movement. "I oppose that NGOs representing us, the people, are being excluded, first from construction and now from all court and administrative procedures," one of the protesters said.
Gaja Brecelj of Umanotera NGO told the STA that the amendment was unacceptable. "Just consider what having low food self-sufficiency meant for us in the coronavirus crisis - at the same time we are now thinking about building on these surfaces."
Blowing whistles, protesters carried banners saying "Hands off of nature" and "NGOs = Nature's Voice", among others. On social media, protesters were urged to wear protective facial masks, observe social distancing rules and ignore any provocations. The peaceful protest was monitored by police.
STA, 20 April 2020 - The Constitutional Court has repealed an emergency law ordering the culling of brown bear and wolf populations which was to remain valid until late September. Even though the cull determined by the law has already been carried out, the decision may prevent the adoption of emerging amendments that would increase the cull quota for this year.
The court has ruled that the law is in violation of Article 3 of the Constitution, which refers to the separation of powers between the three branches of government. Based on that, it did not rule on the substance of the law, said Alpe Adria Green, an environmental NGO.
The law gave permission to hunters to cull 175 bears and 11 wolves. Most of the animals have already been culled, but the NGO says the ruling would probably put a stop to an amendment to the act currently under discussion which would enforce additional culling.
A constitutional review of the bill was sought by the Legal-Informational Centre for NGOs and the Association for the Preservation of Slovenian Natural Heritage in July. The court agreed at the time that any culling should be regulated by the nature conservation act and the decree on protected wild animal species, while the culling should be ordered by the government.
After the Administrative Court annulled a number of such government decrees, parliament passed a law directly mandating the cull, a move that the Constitutional Court sees as violation of the principle of the separation of powers.
Since the legislation was to expire at the end of September, efforts to amend the act have begun. The changes, which were proposed by the National Council in February and enjoy support from the government, would expand the annual cull: 220 bears were to be killed between 1 May and 30 April 2021 and 30 wolves from May to late January 2021.
More than 30 environmental NGOs have protested against the proposal, addressing a letter to the EU Commission representation office and European Parliament office in Slovenia and urging the authorities to immediately impose a moratorium on carnivore culling in the country.
Slovenia has a thriving brown bear population that was estimated at 750-975 animals at the end of 2018 under a study conducted in the framework of the international project LIFE. Culling is a widely accepted management practice supported by researchers, but in recent years the public pressure to control the population has increased due to a growing number of human-bear conflicts.
The wolf population, meanwhile, is estimated at around 80 animals, according to a study commissioned by the Agriculture Ministry. Damage by wolves, in particular to livestock, has been increasing in recent years, but experts say culling must be very precise in order not to disturb the hierarchy of wolf packs, which may actually cause greater damage if packs are unstable.
STA, 28 March 2020 - The Environment Agency (ARSO) has issued a warning for today about high concentrations of harmful PM10 particles for Slovenia after Saharan dust reached Europe on Friday. It has advised people to stay indoors.
An average daily concentration is expected to exceed 100 microgrammes per cubic metre, while the allowed daily concentration is 50 microgrammes.
The situation should gradually improve on Sunday, yet high concentrations are still expected in central and southern Slovenia, ARSO says on its website.
Very high concentrations, even around 400 microgrammes per cubic metre, were measured in Slovenia already on Friday.
"We're not used to such high concentrations," Janja Turšič from ARSO told the STA, adding she could not remember Slovenia ever having recorded such high levels.
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STA, 21 March 2020 - Even though public life in Slovenia all but ground to a halt on Monday in a bid to curb the coronavirus outbreak, the Environment Agency (ARSO) has not detected any improvement in air quality.
The biggest source of air pollution in the country is coarse particulate matter (PM10) from household solid fuel boilers, whose contribution in the given situation is not smaller, but possibly even bigger, said ARSO.
Air in Slovenia is as a rule at its best in spring or autumn and limit values of pollutants are rarely exceeded at this time of year.
"Comparing air particle pollution this week and the week before, particle levels this week are generally slightly higher than last week, which is a result of meteorological conditions," said ARSO.
Slovenia has enjoyed a spell of stable warm sunny weather, which also means temperature inversion for the greater part of the morning as a result of which morning particle values are elevated.
As for the impact of the suspension of public transportation and air flights and a reduction in commuter traffic, ARSO says this could be reflected mainly in emissions of nitrogen oxides, but this type of pollution is not problematic in Slovenia.
Moreover, monitoring also shows that it is too early to draw any conclusions on the impact of the shutdown on NOx levels.
ARSO noted that industry contributed only a small portion of air pollution recorded by its monitoring stations, so they could speak of a reduction in emissions.