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					National programme for the Adoption of the Acquis                       Free Movement of Goods


Chapter 1: Free Movement of Goods
Contents:

Introduction
1. Motor vehicles
2. Foodstuffs
3. Chemical substances
4. Pharmaceuticals
5. Cosmetic products
6. Legal metrology and pre-packaged goods
7. Electrical equipment and electrical risks
8. Products falling under the protection of consumer interests
9. Other product groups
      Mechanical equipment – machinery
      Mechanical equipment – lifting and mechanical handling equipment
      Personal protective equipment
      Medical devices, active implantable medical devices and in vitro diagnostic medical
      devices
      Appliances burning gaseous fuels
      Pressure vessels and pressure equipment
      Construction products
      Recreational craft
      Glass
      Textile
      Footwear
      Wood
      Radio equipment and telecommunications terminal equipment
10. Horizontal and procedural measures
11. Public procurement
12. Return of cultural objects
13. Control of weapons
14. Exchange of information

Introduction

The Slovak Republic has preliminary closed the Free Movement of Goods Chapter in March
2001. The Slovak Republic accepts the acquis as in force on 31 December 1999 and does not
require any derogations and transitional periods for the implementation of legislation under
this Chapter.

The Slovak Office of Standards, Metrology and Testing (UNMS) is the co-ordinator of this
Chapter and it is also responsible for state technical standardisation, metrology and testing
policy in Slovakia. The basic policy goal is technical harmonisation and creation of necessary
infrastructure. This policy aims at the materialisation of the Europe Agreement Articles 69-71
(approximation of law in the field of technical regulations and standards) and Article 75
(technical standards and conformity assessment).

Concordance of adopted legislative provisions with Article 26 of the Europe Agreement and
of the national technical legislation provisions (non-harmonised area) with Articles 28-30 of


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the Treaty establishing the European Community has been verified while implementing
acquis communautaire in the harmonised area. Currently, a material entitled „Preparation of
the Slovak Republic for the Signature of the Protocol to the Europe Agreement on Conformity
Assessment and Acceptance of Industrial Products (PECA)” including accession procedure of
relevant Slovak entities into CEN, CENELEC and EOTC is being prepared. This material will
also include a draft resolution of the Government to conclude the verification procedure till 30
June 2003.

On 21 February 2001 the Government of the Slovak Republic adopted the „State Policy of
the Slovak Republic in Standardisation, Metrology, Testing and Conformity
Assessment“ in its Resolution No. 170/2001. The Concept gives an analysis of the
development in the field of standardisation, metrology and testing in the Slovak Republic so
far and presents further procedure till Slovakia’s accession to the EU.

Technical standardisation activities are based on Council Resolution on the role of
standardisation in Europe of 28 October 1999. Act No. 264/1999 Coll. on Technical
Requirements for Products and on Conformity Assessment regulates the area of technical
standardisation in the Slovak Republic. Based on this the Slovak Institute for
Standardisation (SÚTN –) is appointed the only legal entity to draft, approve and issue
Slovak technical standards (STN) and it is entrusted with the function of the National
Standardisation Authority and executive activities in the field of standardisation.

New metrology legislation is fully compatible with the EU legislation. Some provisions of
the Metrology Act concerning metrological control of specified measuring instruments
according to the requirements of the European Communities shall come into effect either by
signing the relevant international agreement or by EU accession.

47 entities authorised under Act No. 264/1999 Coll. and Government ordinances
implementing New Approach Directives operate in the field of testing and conformity
assessment in the Slovak Republic. There are 16 entities appointed to act as authorised bodies
for construction products under Act No. 90/1998 Coll. on construction products. The approval
point, which is located in the Technical and Testing Construction Institute, has an observer
status in EOTA. The inter-ministerial panel for conformity assessment with a secretariat at the
UNMS is an EOTC member since May 2001.

Slovak National Accreditation Service (further referred to as the SNAS), which is a member
of the European Accreditation Organisation ensures accreditation for all sectors. Laboratories
accredited by SNAS and authorised by UNMS may apply for notification in the EU after
signing of PECA (Protocol to the Europe Agreement on Conformity Assessment and
Industrial Products Acceptance) because SNAS has also become a member of the Agreement
on the Acceptance of Accreditation of Testing Laboratories.

Preliminary 12 areas for free movement of goods between Slovakia and the EU have been
proposed. Initial PECA negotiations took place in Brussels on 4 April 2000. Subsequent
evaluation of Slovakia‘s readiness was held in Bratislava on 28 September 2000. The Slovak
Republic has received opinions to the 12 areas concerned requiring changes in the existing or
prepared legislation. These have been included or are considered in the drafts or reviewed
drafts of government ordinances. Draft of government ordinance concerning lifts and draft
government ordinance concerning radio-communication and terminal telecommunication
equipment were submitted upon European Commission initiative presented during the


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Association Sub-Committee for the Internal Market for reviewing to Brussels. On 9 March
2001 the Commission, thus, received in addition to the above mentioned drafts also the draft
government ordinance concerning recreational craft. The assumption is that PECA
negotiations should be concluded till the end of 2001. PECA shall not apply to construction
products.

In order to improve inter-ministerial co-operation in the field of technical harmonisation and
free movement of goods the Council for Free Movement of Goods with the Secretariat at
the Slovak Office for Standards, Metrology and Testing and the Council for Conformity
Assessment have been established to support uniform application of criteria in conformity
assessment as well as demanding criteria applying to authorised bodies. Key sectors from the
these areas, the Slovak National Accreditation Service, Eurolab Slovakia and representatives
of authorised bodies are represented in them. To support the achievement of the objectives of
technical harmonisation a Permanent Working Committee of the Legislative Council of
the Government of the Slovak Republic for Technical Regulations has been established.

Act No. 264/1999 Coll. on Technical Requirements for Products and on Conformity
Assessment has stipulated a transitional period for the transformation of the whole previous
mandatory certification system into an European conformity assessment system till 31
December 2002 while individual products groups shall have full transposition of relevant
directives achieved in compliance with the Negotiating Position to this chapter and
supplementary information prepared on the basis of technical consultations held prior to
preliminary concluding the Chapter.

Implementing regulations to Act No. 264/1999 Coll. on Technical Requirements for Products
and on Conformity Assessment have been issued in the form of government ordinances
stipulating technical requirements for:

1. Machinery (Government Ordinance No. 391/1999 Coll. amended by Government
    Ordinance No. 475/2000),
2. Electrical equipment used within certain voltage limits (Government Ordinance No.
    392/1999 Coll.),
3. Appliances burning gaseous fuels (Government Ordinance No. 393/1999 Coll.),
4. Electromagnetic compatibility (Government Ordinance No. 394/1999 Coll.),
5. Toys (Government Ordinance No. 395/1999),
6. Non-automatic weighing instruments (Government Ordinance No. 399/1999 Coll.),
7. Other specified products (Government Ordinance No. 400/1999 amended by Government
    Ordinance No. 13/2001),
8. Electrical refrigerators, freezers and other household appliances and combinations thereof
    (Government Ordinance No. 425/2000),
9. Hot-water boilers (Government Ordinance No. 433/2000),
10. Personal protective equipment (Government Ordinance No. 29/2001);
11. Equipment and protective systems designed for use in explosives atmospheres (ATEX)
    (Government Ordinance No. 117/2001),

The Slovak Republic has adopted an internal time table for the approximation of relevant
legislation in the form of priority tasks of the Government of the Slovak Republic resulting
from the Regular Report from the Commission on Slovakia’s Progress Towards Accession of
8 November 2000 (Resolution of the Government No. 17/2001).




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1. Civil use explosives (entry into force: 1 May 2001)
2. Active implantable medical devices (entry into force: 1 July 2001),
3. Medical devices (entry into force: 1 July 2001),
4. Diagnostic medical devices used in vitro (entry into force: 1 July 2001),
5. Recreational craft (entry into force: 1 May 2001),
6. Ship equipment (entry into force: 1 August 2001),
7. Lifts (entry into force: 1 January 2002),
8. Radio equipment and telecommunications terminal equipment (entry into force: 1 July
   2001),
9. Simple pressure vessels (entry into force: 1 July 2001),

To implement New Approach directives further government ordinances stipulating technical
requirements for products will have to be adopted in these areas:

1.   Pressure equipment (entry into force: not later than 1 January 2003),
2.   Transportable pressure vesseles (entry into force: 1 January 2003),
3.   Cableway installations designed to carry passengers (entry into force: 2003),
4.   Noise emissions by equipment used outdoors (entry into force: 1 January 2002).

Under Section 3 of Act No. 264/1999 Coll. on Technical Requirements for Products and on
Conformity Assessment the Slovak Office for Standards, Metrology and Testing is
responsible for:
a) authorisation,
b) preparation of international agreements on mutual recognition in conformity assessment.


1. Motor vehicles

The basic legislative framework for this area includes:
- Act No. 315/1996 Coll. on Roads Traffic,
- Ministry of Transport, Posts and Telecomunications Decree No. 116/1997 Coll. on the
   Conditions of Vehicle Operation on Roads;

Slovakia succeeded to the Geneva ECE Agreement on the adoption of uniform conditions for
homologisation and on mutual recognition harmonisation of accessories and motor vehicles
components of 1958 including its revision of 1995. ECE UN regulations apply to individual
components of motor vehicles. In the homologisation of motor vehicles the Slovak Republic
acceded to 108 out of 109 ECE regulations. The currently valid Act No. 315/1996 Coll. does
not allow the incorporation of EEC/EC directives and the co-existence of both systems. It also
does not cover global homologisation of M1 category vehicles. Amended Act No. 315/1996
Coll. shall come into effect till 31 March 2003 or a completely new act shall be issued
together with an implementing regulation, which shall transpose other EEC/EC directives.
The harmonisation process of Slovak legislation with the acquis including agricultural and
forestry tractors shall be completed as of 31 December 2003.

Administrative infrastructure

The Ministry of Transport, Posts and Telecommunications, the Ministry of Interior and
the Ministry of Agriculture have substantive competence in the area of motor vehicles
(including agricultural and forestry tractors). The State Transport Office which is a part of


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the Ministry of Transport, Post and Telecommunications since 1997 grants type approval
certificates of the vehicle and components, equipment and accessories including conformity
verification mark (homologisation mark). Amended Act No. 315/1996 shall regulate the
independent status of the State Transport Office. The Ministry of Transport, Post and
Telecommunications has authorised eight technical testing laboratories to perform testing and
type approvals of vehicles, components, accessories and equipment and to prepare test
protocols in compliance with the ECE UN regulations. Out of them 7 have SNAS
accreditation. The Technological and Testing Institute for Agriculture is one of these
testing laboratories and it carries out tests, in co-operation with other accredited testing
laboratories, in the field of agriculture and forest machinery including agricultural and forest
tractors.

2. Foodstuffs

The basic legislative framework for this area includes:
- Act No. 152/1995 Coll. on Foodstuffs.
- Act No. 272/1994 Coll. on Human Health Protection as amended,
- Decree of the Ministry of Agriculture No. 27/2001 Coll. amending Decree of the Ministry
   of Agriculture No. 36/1997 Coll. on Notification of Production of Foodstuffs, Tobacco
   Products and Cosmetics and on the Conditions of their Placing into Circulation as
   amended,
- the Food Code.

Pre-market control of foodstuffs shall be removed as of 1 January 2002 with the exception of
permission procedure by the Ministry of Health for novel foodstuffs and foodstuffs for special
nutritional use.

Full compatibility of horizontal legislation shall be achieved through the amendment of
Act No. 152/1995 Coll. on Foodstuffs, Act No. 272/1994 Coll. on Human Health Protection
as amended, the Food Code of the Slovak Republic and the amendment of the Civil Code, by
the end of 2002.

The amendment of Act No. 152/1995 Coll. on Foodstuffs shall remove non-conformance in
foodstuffs labelling (the requirement to remove the date of manufacture). The Food Code
shall approximate other amendments of EU horizontal legislation concerning foodstuff
additives and certain contaminants in foodstuffs and legislation covering novel foodstuffs
and novel ingredients shall be adopted. The area of official foodstuffs control shall be fully
harmonised with the acquis by the amendment of the Foodstuffs Act.

General hygienic requirements, foodstuffs labelling, additives, contaminants, articles coming
into contact with foodstuffs, requirements for foodstuffs for special nutritional use, irradiated
or treated with ionising radiation foodstuffs have been harmonised by transposition of the
acquis into the Food Code of the Slovak Republic. Approximation of vertical legislation
regulating detailed requirements for certain specific foodstuffs is currently carried out in the
framework of the preparation of commodity chapters of the Food Code. Full compatibility
shall be achieved and in effect by 1 January 2003. Testing methods shall gradually be
transposed into the implementing decree to Act No. 264/1999 Coll. by transforming the
current Slovak technical standards till 31 December 2002 while following the development of
European standardisation and of the acquis, which shall be sufficiently taken into account in
this decree.


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Amendment No. 27/2001 Coll. of the Ministry of Agriculture of the Decree No. 36/1997
Coll. on Notification of Production of Foodstuffs, Tobacco Products and Cosmetics and
on the Conditions of Their Placing into Circulation has removed food products from
Government Ordinance No. 400/1999 Coll. providing for details on technical requirements
for other determined products as of 1 February 2001. Till 1 January 2002 foodstuffs
conformity assessment under Ministry of Agriculture Decree No. 36/1997 Coll. as amended
by No. 27/2001 Coll. shall continue to be applied. On 1 January 2002 amended Act No.
152/1995 Coll. on Foodstuffs shall come into effect and thus, terminate conformity
assessment in foodstuffs.

The amendment of Act No. 272/1994 Coll. on Human Health Protection as amended with
the envisaged date of effect 1 January 2002 shall abolish mandatory licensing procedure of
the Ministry of Health of the Slovak Republic with the exception of novel foodstuffs and
foodstuffs for coeliac, diabetic, phenylketonuric, dietetic foodstuffs (e.g. with reduced sodium
content), minerals and vitamins based foodstuffs used as nutritive supplements and foodstufs
for children up to 1 year of age (infants).

From 1 January 2002 full compatibility with the acquis shall be achieved in the following
areas:
- labelling (amendment of Act No. 152/1995 Coll. on Foodstuffs and the Civil Code, Act
   No. 40/1964 Coll.),
- additives purity criteria,
- foodstuffs hygiene,
- official foodstuffs control;

Institutional framework

The Ministry of Agriculture of the Slovak Republic and the Ministry of Health of the
Slovak Republic are responsible for the approximation and implementation of the acquis in
the Slovak Republic. The Slovak Agricultural and Foodstuffs Inspection, State
Veterinary Administration and health protection bodies - state regional and district
hygiene officers and State Health Institutes are implementing bodies, which are, at the
same time, also bodies performing foodstuff surveillance.

Sample analyses in the framework of the official foodstuffs inspections are performed by the
laboratories of the Slovak Agricultural and Foodstuffs Inspection, State Veterinary
Administration and State Health Institutes accredited according to STN EN 45 000 by the
Slovak National Accreditation Service. The laboratories of the Slovak Agricultural and
Foodstuffs Inspection, State Veterinary Administration are involved in the sectoral quality
assurance and result reliability system – AQA (Analytical Quality Assurance) and they
regularly participate in international qualifications tests – FAPAS (Food Analyses
Performance Assessment Scheme) organised by MAFF (Ministry of Agriculture, Fisheries
and Food in the UK) and WHO tests – the World Health Organisation GEMS/Food – EURO
AQA Technical Sub-committee (GEMS – Global Environmental Monitoring System) in
Geneva. The Slovak Agricultural and Foodstuffs Inspection, State Veterinary Administration
directly participate in the “from stable to table“ contaminants monitoring and contaminants
monitoring in the consumer basket carried out by the Ministry of Agriculture of the Slovak
Republic since 1991.




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The Ministry of Agriculture has prepared Food Safety Strategy complying with the White
Paper on Food Safety for the application of food safety principles. In the context of the food
safety acquis a reform of the food surveillance bodies is envisaged to ensure surveillance over
the whole food chain. The objective of the reform is to integrate the existing inspection bodies
for foodstuffs (Slovak Agricultural and Foodstuffs Inspection and State Veterinary
Administration) and to create one strong authority – Slovak State Veterinary and Foodstuffs
Administration – for food safety and control, which in compliance with EU policies in this
field, should also be the implementing body. The integrated food surveillance body and its
competence shall be stipulated by the amended Foodstuffs Act, which should come into effect
on 1 January 2002.

3. Chemical substances

Dangerous chemical substances and preparations

The Chemical Substances and Preparations Act has been adopted by the National Council
of the Slovak Republic in the field of chemical substances and preparations and it shall come
into effect on 1 June 2001. Directives 67/548/EEC, 92/32/EEC, 88/379/EEC, 76/769/EEC,
93/112/EEC, 99/11/EC and 99/12/EC, 73/404/EEC and (EC) 92/2455 and (EC) 793/93 have
been transposed by this law. The following implementing regulations with the same date of
effect will be adopted to this Chemical Substances and Preparations Act:

1. Decree of the Ministry of Economy through which the conditions for the notification,
  classification, labelling, packaging, testing, good laboratory practice and compiling the
  safety data sheets for dangerous chemical substances and preparations are laid down
  (contains 13 separate annexes)1:
  -     Annexes 1 – 9 have been prepared in line with Annex I - IX to Directive 67/548/EEC
        including 98/98/EC,
  -     Annex 10 (prepared in line with Directives 88/379/EEC, 90/492/EEC, 92/32/EEC,
        93/18/EEC, 96/65/EC), which contains the requirements for the classification,
        packaging and labelling of dangerous chemical preparations,
  -     Annex 11, prepared in line with Articles 22 to 24 of Directive 92/32/EEC, which
        contains requirements for the packaging and labelling of chemical substances,
  -     Annex 12: (prepared in line with Directives 91/155/EEC and 93/112/EEC), which
        contains the details of the safety data sheets,
  -     Annex 13 prepared in line with Directive 99/11/EC and 99/12/EC (which replaced
        Directives 87/18/EEC and 88/320/EEC) concerning the principles of good laboratory
        practice.
2. Decree of the Ministry of Economy on risk assessment of existing chemicals for life and
    health of people and the environment,
3. Decree of the Ministry of Economy on risk assessment caused by new chemicals for life
    and health of people and environment,
4. Decree of the Ministry of Economy specifying a list of selected chemical substances and
    preparations whose placing on the market and use is forbidden or restricted, (the draft has
    been elaborated in accordance with Council Directive 76/769/EEC, including Commission
    Directive 1999/77/EC),


1
  Directive 1999/45/EC will be transposed through an amendment to the Ministry of Economy decree laying
down the conditions for the notification, classification, labelling, packaging, testing, good laboratory practice
and compiling safety data cards on dangerous chemical substances and preparations in the first half of 2003.


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5. Decree on the methods for the inspection of the biodegradability of surface-active
   substances in detergents (washing and cleaning products) and requirements for the placing
   thereof on the market (the draft has been elaborated in line with Council Regulation
   73/404/EEC, 73/405/EEC, 82/242/EEC, 82/243/EEC, 86/94/EEC and Commission
   Recommendation 89/542/EEC),
6. Decree on the classification and labelling of di(2-ethylhexyl)phtalate (the draft will be
   elaborated in line with Commission Decision 90/420/EEC and follow Article 23 of
   Council Directive 67/548/EEC),
7. Decree: List of New Chemical Substances (the proposal will be prepared in accordance
   with Commission Decision 85/71/EEC).

The Chemical Substances and Preparations Act provides for a transitional period in such a
way that when placing a new or existing chemical substance or preparation on the market the
entrepreneur can act according to the currently valid regulations on the basis of consent by the
Ministry of Economy in justified cases from the day of effect of the law till 31 December
2003. From 1 January 2004 only the new legislation shall be in effect.

Directive 98/8/EC shall be fully transposed by the new Act on Conditions for Placing
Biocides on the Market, which should come into effect in the second half of 2003.

Institutional framework

The observance of the law on chemical substances and preparations by entrepreneurs will be
overseen by the Ministry of Economy, the Ministry of Health, the Ministry of
Environment, Slovak Trade Inspection, health protection authorities, environmental
protection authorities, and customs authorities. On the basis of the law on chemical
substances and preparations, a Centre for Chemical Substances and Preparations will be
established for placing chemical substances on the market by the Ministry of Health.

The Centre for Chemical Substances and Preparations will be a specialised state
administration body in the field of notification of new chemicals, classification, registration,
stock-taking of chemical substances and preparations and also in the field of risk assessment
when placing on the market. The Centre for Chemical Substances and Preparations is
a budgetary organisation of the Ministry of Health and the proposed number of personnel is
12.

Precursors

Act No. 268/2000 Coll. on the Handling of Precursors, Narcotic Drugs and Psychotropic
Substances, which implements Directive 92/109/EEC as amended by Directive 93/46/EEC
and Commission Regulation 1485/96/EC, entered into force on 1 September 2000.

Institutional framework

The observance of the Act on Precursors will be overseen by the Ministry of Economy, the
Ministry of Health, Customs Directorate, and the Police Force Headquarters.

Fertilisers




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Act No. 136/2000 Coll. on Fertilisers (date of effect: 1 January 2001) and Decree of the
Ministry of Agriculture No. 26/2001 Coll. determining types of fertilisers, content of risk
elements, conditions for sampling, storing and testing methods of fertilisers, cultivation
substrates and soil additives (date of effect: 1 February 2001) have partially transposed
Council Directive 80/876/EEC as amended by European Parliament and Council Directive
97/63/EC relating to fertilisers of high nitrogen content. Under Section 13 of the decree the
use of fertilisers containing more than 28% of nitrogen in the form of ammonium nitrate shall
be prohibited from 1 January 2003. Based on this decree Commission Directive 87/94/EEC as
amended by Commission Directive 88/126/EEC is also partially transposed. Full transposition
of Directive 87/94/EEC shall be achieved by another testing methods decree, which shall
come into effect till the end of 2002. Obligatory identification for „EC fertilisers“ marking
shall be used as of the day of accession.

The required transposition of directives will be addressed through a group of legal
regulations, such as the act on mining activities, explosives and state mining administration,
Act No. 136/2000 Coll. on Fertilisers and Decree of the Ministry of Agriculture No. 20/2001
Coll. and Decree No. 26/2001 Coll. Council Directive 67/548/EEC on the classification,
packaging and labelling of dangerous substances will be transposed through an implementing
regulation to the Act on Fertilisers and will concern fertilisers that have not been clearly
classified as dangerous products.

Decree of the Ministry of Agriculture No. 20/2001 Coll. stipulating details of fertilisers
registration and recognition of fertilisers laboratory and vegetation test results has come into
effect on 1 February 2001. This decree has transposed Council Directive 76/116/EEC on
industrial fertilisers as amended and also Commission Directive 77/535/EEC on the
approximation of methods of sampling and analyses

Full implementation of Commission Directive 77/535/EEC shall be achieved till the day of
accession. Until then EC registration number shall be used. The Central Institute for
Inspection and Testing in Agriculture shall be the responsible authority.

The analytical methods under STN (Slovak Technical Standards) used in this area are
compatible with the methods specified in EU directives. The implementing regulation to the
fertilisers act refers to these standards. Analytical methods used in the field of fertilisers are
taken over from EEC directives and listed in Annex 3 to Decree of the Ministry of Agriculture
No. 26/2001 Coll.

Institutional framework

Slovak authorities in charge of expert and administrative tasks under the Act on Fertilisers
have been established and are functional. The responsibility for the drafting of legislation is
held by the Ministry of Agriculture and the legislation is implemented by the Central
Institute for Inspection and Testing in Agriculture, which has been entrusted with the task
of fertilisers registration by the Ministry of Agriculture.

In the registration procedure, explosiveness and combustibility are tested for the Central
Institute for Inspection and Testing in Agriculture by: the Fire Research Institute of the
Ministry of Interior that assesses fertilisers in terms of their combustibility, and Konštrukta –
Defence, a.s. Nová Dubnica (SKTC 112) in terms of their explosiveness.




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The Ministry of Health assesses the impact of all types of fertilisers with respect to health
protection in accordance with Act No. 272/1994 Coll. on Human Health Protection as
amended.

Civil use explosives

Government Ordinance to Act No. 264/1999 Coll. which lays down the details of
technical requirements and conformity assessment procedures for civil use explosives
and shall come into effect on 1 June 2001 has transposed Directive 93/15/EEC on the
harmonisation of the provisions relating to the placing on the market and supervision of
explosives for civil uses.

4. Pharmaceuticals

Pharmaceuticals for human use

The basic legal framework in the field of pharmaceuticals comprises of the following:

 Act No. 140/1998 Coll. on Medicines and Medical Devices amending Act No. 455/1991
  Coll. Small Licence Trade Act as amended, and amending Act of the National council of
  the Slovak Republic No. 220/1996 on Advertising ,
 Act No. 98/1995 Coll. on the Medical Treatment Code as amended by Act No. 3/2000
  Coll.,
 Decree No. 274/1998 Coll. concerning the requirements for good manufacturing practice
  and good wholesale practice,
 Order No. 275/1998 Coll. on pharmaceutical and pharmaco-toxicological testing.

Act No. 140/1998 Coll. on Medicines and Medical Devices as amended regulates the area of
medicines and, at the same time, contains the institutional framework for clinical testing of
medical devices not addressed in Act No. 264/1999 Coll. on Technical Requirements for
Products and Conformity Assessment. It implements the following EU directives:
 Directive 65/65/EEC concerning the issuance of authorisations for the placing of
   medicines on the market. The full transposition of the Directive will be achieved through
   the adoption of a decree on registration of medicines with entry info force on 1 July
   2001. It will define the requirements for method, form, classification and labelling of
   documentation on pharmaceutical, pharmoco-toxicological and clinical testing under the
   Decree for Applicants to Obtain an Authorisation to Place Proprietary Medicinal Products
   for Human Use on the Market in the EC. The draft decree includes classification of
   smaller changes in the registration under Regulation 541/95/EC.

    The re-registration of existing authorisations for the placing of medicines (human and
    veterinary) on the market is carried out in line with EU criteria, on the basis of an
    application for prolongation submitted 3 months prior to the expiration of the
    authorisation’s 5-year validity at the latest. The 5-year transitional period related to the
    renewal of existing permits for placing of medicines (human and veterinary) on the market
    on the basis of EU criteria will end on 31 May 2003.

   Act No. 119/2000 Coll., through which Act No. 140/1998 Coll. on Medicines and Medical
   Devices was amended, has introduced 6-year data exclusivity for generic medicines. It is
   necessary to introduce 10-year data exclusivity for high-technology medicinal products


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    stated under Section A and B of the Annex to Council Regulation 2903/93/EEC. This issue
    is also covered in the amendment of Act No. 140/1998 Coll. that should come into effect
    on 1 July 2001.

   Directive 75/318/EEC relating to pharmaceutical, toxicological and clinical testing of
    medicinal products has been transposed through Act No. 140/1998 Coll. and Order No.
    275/1998 Coll. on pharmaceutical and pharmaco-toxicological testing of pharmaceutical
    products.
   Directive 91/356/EEC on good manufacturing practice and Directive 92/25/EEC on
    wholesale distribution have been transposed through Act No. 140/1998 Coll. and Decree
    No. 274/1998 Coll. concerning requirements for good manufacturing practice and good
    wholesale practice.
   Directive 92/26/EEC concerning classification for the supply of medicines is covered by
    Act No. 140/1998 Coll. on Medicines and Medical Devices as amended by Act No.
    119/2000 Coll.
   Directive 92/27/EEC on the labelling of medicinal products for human use and leaflets on
    package has been transposed by Act No. 140/1998 Coll.
   Directive 92/28/EEC on the advertising of medicines has been transposed through Act No.
    220/1996 Coll. on Advertising as amended by Act No. 140/1998 Coll. on Medicines and
    Medical Devices.
   Directive 78/25/EEC on colouring matters has been transposed through the Ministry of
    Health Order No. 275/1998 Coll. on pharmaceutical and pharmaco-toxicological testing.
   Council Regulation 1768/92 concerning supplementary protection certificate for
    medicinal products has been partially transposed through Act No. 140/1998 Coll. The full
    transposition will be achieved through the re-codification of Patent Act No. 527/1990
    Coll. on Inventions, Industrial Designs and Rationalisation Proposals with an envisaged
    date of effect 1 July 2002.

Directive 89/105/EEC relating to the transparency of measures regulating the pricing of
medicinal products for human use and their inclusion in the scope of national insurance
systems has been implemented through Act No. 3/2000 Coll. amending Act No. 98/1995
Coll. on the Medical Treatment Code as amended with the date of effect 1 February 2000.
It is necessary to further modify the pricing of medicines by amending Act No. 18/1996 Coll.
on Prices (date of effect: 1 January 2003) so that it complies with Directive 89/105/EEC with
respect to the 90-day interval for the issuance of price orders.

The registration of generic medicines, with regard to the scope of submitted documentation on
pharmaco-toxicological testing and clinical testing as prescribed by Article 8 of Directive
65/65/EEC, is, effective from 1 May 2000, regulated by Act No. 119/2000 Coll. amending
Act No. 140/1998 Coll. on Medicines and Medical Devices. The act also regulates
classification for the supply of medicines in accordance with Directive 92/26/EEC.

A decree on clinical testing and good clinical practice will enter into force on 1 January
2002 the latest. Its drafting is based on the harmonised document of the International
Conference on Harmonisation (ICH), which has transposed Commission Directive
91/507/EEC amending Annex to Council Directive 75/318/EEC, Part IV Clinical
Documentation (general requirements, good clinical practice, archiving, presentation of
results, clinical pharmacology, bioavailability, bioequivalence, clinical efficacy and safety,
post market experience. On 14 December 2000 Council Directive on clinical testing and good
clinical practice was approved but it has not been officially published in the Official Journal


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till 14 April 2001. The prepared draft decree should be adjusted according to this directive to
be fully harmonised.

The Decree on Good Pharmacy Practice shall come into effect on 1 June 2001. It is based
on Community Good Pharmacy Practice Directives and on pharmaceutical use in hospitals
(published by WHO in 1997 under WHO Technical Reports) as an Annex to the 35th WHO
Expert Committee Report on the Specification of Pharmaceutical Preparations. The decree
applies to the good public pharmacy, hospital pharmacy practice and good practice of medical
facilities supplier. This area is not harmonised with the EU. The decree has been drafted
according to the mention International Pharmaceutical Federation (FIP) document.

To complete the process of harmonisation in the field of medicines, it will be necessary to
implement: a central procedure for authorisations for the placing of medicines on the market
(registration) at the time of Slovakia’s accession to the European Union and the procedure for
mutual recognition of registrations. At the time of accession, it will be necessary to resolve
the application of mutual recognition of registrations and connection to the central register
and communication with European Union institutions, notably the Pharmaceutical Committee
and Committee for Proprietary Medicinal Products.

Prior to Slovakia‘s EU accession, central medicament registration procedure is possible only
on the basis of a separate agreement (i.e. PECA) concluded between the Slovak Republic and
the EU. The same applies to mutual recognition of registration. The Slovak Republic has
already adopted the whole acquis in this field with the exception of directives concerning the
principles of good laboratory practice which should be implemented in 2001 (see also
Chemicals). The OECD Council Decision - Recommendation on Compliance with Principles
of Good Laboratory Practice of 9 May 1995 has been adopted in the form of an internal
regulation of pharmaceutical industry and published by the Ministry of Health in its official
journal in January 1995. The Slovak Republic proposes to add pharmaceutical products, good
manufacturing practice (GMP) and good laboratory practice (GLP) to PECA negotiations. In
our view it is necessary to agree with the mechanism of mutual exchange of information on
registered medicaments during these negotiations.

Pharmaceuticals for veterinary use

The acquis in this area covers legislation on authorisation for the placing of veterinary
medicines on the market, testing, good manufacturing practice, maximum residue limits,
homeopathic products, intellectual property, and colouring matters.

Act No. 140/1998 Coll. on Medicines and Medical Devices has introduced framework
principles of good manufacturing and wholesale practice and the method for the placing of
medicines for human and veterinary use on the market. This act provides the necessary
legislative framework, which, together with Act No. 264/1999 Coll. on Technical
Requirements for Products and Conformity Assessment, makes it possible to expeditiously
implement EEC/EC directives into the Slovak legal system with the necessary separation of
the implementation of Old Approach directives (pharmaceutical products) from medical
devices.

The comprehensive legal regulation is completed by Decree No. 274/1998 concerning
Requirements for Good Manufacturing Practice and Good Wholesale Practice applicable to
veterinary and human medicine, Order No. 275/1998 on Pharmaceutical and Pharmaco-


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toxicological Testing applicable to veterinary and human medicine, and the Food Code of the
Slovak Republic concerning the residues of veterinary medicines.

In compliance with the relevant EU regulations, these legal regulations concern the following
areas: authorisation for the manufacture of medicines, authorisation for the wholesale
distribution of medicines, pharmaceutical testing, pharmaco-toxicological testing, clinical
testing, registration of medicines, labelling of inner and outer packaging of medicines,
requisites of leaflets, requisites of the summary of product characteristics (SPC), and
provisions on advertising of medicines applicable to both human and veterinary medicine.
Full harmonisation will be achieved at the end of 2001.

Directive 75/318/EEC in respect of the testing of medicinal products has been transposed
through Act No. 140/1998 Coll. on Medicines and Medical Devices and Notification No.
275/1998 Coll. concerning the issuance of the order on pharmaceutical and pharmaco-
toxicological testing of pharmaceutical products. Full harmonisation will be achieved by
approving the Decree on Clinical Testing of Medicines and Good Clinical Practice till the end
of 2001.

Directive 91/356/EEC concerning good manufacturing practice and Directive 92/25/EEC
concerning wholesale distribution of medical products have been transposed through Decree
No. 274/1998 Coll. concerning good manufacturing practice and good wholesale distribution
practice.

Directive 92/26/EEC concerning classification for the supply of medicinal products has been
covered by Act No. 140/1998 Coll. on Medicines and Medical Devices.

Directive No. 92/27/EEC on labelling and package leaflets and Directive 92/28/EEC on
advertising have been fully transposed through Act No. 140/1998 Coll. on Medicines and
Medical Devices.

Directive 78/25/EEC on colouring matters has been transposed by Act No. 140/1998 Coll.
and Notification No. 275/1998 Coll. concerning the issuance of the order on pharmaceutical
testing and pharmaco-toxicological testing.

Council Regulation (EC) 1768/92 concerning the creation of a supplementary protection
certificate for medicinal products is partially covered by Act No. 140/1998 Coll. and will be
fully transposed through the newly codified Patent Act No. 527/1990 Coll. with an envisaged
day of effect 1 July 2002.

Full transposition of the current EU legislation in the field of veterinary medicaments and a
medicated animal feeding stuffs will be completed after the adoption of the following decrees
(currently as drafts):

   Directive 90/167/EEC will be transposed by Decree relating to Requirements for
    Preparation, Approval and Use of Medicated Animal Feeding Stuffs issued to Act No.
    140/1998 Coll. and the day of effect 1 January 2002;
   Directive 81/852/EEC will be transposed by Decree relating to Good Clinical Practice
    and Clinical Testing of Veterinary Medicaments issued to Act No. 140/1998 Coll. on
    Medicines and Medical Devices and the day of effect 1 January 2002;



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   Directive 81/851/EEC will be transposed by Decree relating to Registration of
    Medicaments issued to Act No. 140/1998 Coll. and the day of effect 1 July 2001.

Institutional framework

The basic administrative structure for the registration of medicines, inspection of good
manufacturing practice, good laboratory practice, good wholesale distribution practice, good
clinical practice, good pharmacy practice, control of medicines, supplementary
pharmaceutical substances and medicines, quality control, and surveillance of medicines,
including advertising has been created in Slovakia.

The authority responsible for oversight in manufacture and distribution of medicaments and
provision of pharmaceutical care is the State Institute for Drug Control which is in the
jurisdiction of the Ministry of Health and, for the field of veterinary medicines, the Institute
for State Control of Veterinary Bio-preparations and Medicaments reporting to the
Ministry of Agriculture, is the competent authority. They perform expert activities
concerning medicament registration and issue expert opinions based on which the competent
ministry issues decisions concerning medicament registration, registration prolongation and
changes in registration. They issue licences for clinical testing of medicaments under Act No.
140/1998 Coll. and they stop a medicament or withdraw it from the market. They propose to
the competent ministry to suspend or withdraw a licence for medicaments production and
distribution and pharmaceutical care. They perform inspection of medicaments advertising.
They oversee the observance of good manufacturing practice and good pharmacy practice
principles. They keep a list of registered medicaments. They draft the Slovak Pharmacopoeia.
Amendment of Act No. 140/1998 Coll. with an anticipated date of effect 1 July 2001, shall
transfer the competence to issue decisions on medicaments for human and veterinary use
registration from the Ministry of Health and the Ministry of Agriculture to the State Institute
for Drug Control and the Institute for State Control of Veterinary Bio-preparations and
Medicaments.

5. Cosmetic products

The legislative framework is composed of:
 Act No. 152/1995 Coll. on Foodstuffs,
 Act No. 272/1994 Coll. on the Human Health Protection as amended,
 the Food Code of the Slovak Republic through which the Foodstuffs Act, Chapter 28
   Cosmetic products, is implemented, Decree,
 Act No. 115/1995 Coll. on Animal Protection.

Council Directive 76/768/EEC on the approximation of the laws of the Member States
relating to cosmetic products as amended and supplemented has been transposed into the
Slovak legal system effective from 1 March 2000, through the adoption of Order No.
4312/3/1999-100, through which the Food Code chapter concerning cosmetic products is
issued.

Pre-market control was fully eliminated by issuing Decree No. 27/2001 Coll. amending
Decree No. 36/1997 Coll. on Notification of Production of Foodstuffs, Tobacco Products
and Cosmetic Products and on the Conditions for their Introduction into Circulation by
abolishing compulsory conformity assessment with effect from 1. 2. 2001.



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Institutional framework

Administrative structures applying the acquis have been set up and include: Slovak
Agricultural and Foodstuffs Inspection and health protection authorities (state regional
and district hygiene inspectors and State Health Institutes), which carry out market
surveillance of cosmetic products. Analyses of cosmetic products are carried out by Slovak
Agricultural and Foodstuffs Inspection laboratories accredited by the Slovak National
Accreditation Service (SNAS) in accordance with the STN EN 45 000 series of standards.

6. Legal metrology and pre-packaged goods

The legislative framework is composed of:
- Act No. 142/2000 Coll. on Metrology,
- Government Ordinance No. 399/1999 Coll. stipulating Technical Requirements for Non-
   Automatic Weighing Instruments to Act No. 264/1999 Coll. on Technical Requirements
   for Products and Conformity Assessment,
- Decree No. 206/2000 Coll. on Legal Units of Measurement,
- Decree No. 207/2000 Coll. on Marked Pre-packages,
- Decree No. 210/2000 Coll. on Measuring Instruments and Metrological Inspection.

All EU directives are transposed in the new legislation on metrology in the form of a
legal provision. Effective from 1 July 2000 Act No. 142/2000 Coll. on Metrology and the
related decrees have implemented Directive 80/181/EEC on units of measurement, Directive
71/316/EEC on measuring instruments and methods of metrological control, 18 directives
concerning technical and metrological requirements and testing methods for individual types
of legal measuring instruments, and 4 directives relating to “e“ marked pre-packages.
Directive 90/384/EEC on non-automatic weighing instruments is a New Approach directive
in the field of metrology. This directive has been transposed into the Slovak legislation in the
form of Government Ordinance No. 399/1999 Coll. stipulating Technical Requirements for
Non-Automatic Weighing Instruments to Act No. 264/1999 Coll. on Technical Requirements
for Products and Conformity Assessment. Following the signing of PECA, the CE marking
will be used in the territory of Slovakia.

The implementing regulation concerning units of measurement has also incorporated
Directive 1999/103/EC supplementing Directive 80/181/EEC. Optional directives relating to
individual types of legal measuring instruments have been adopted as a whole, but in some
cases national legislation (national requirements) exists in parallel, while the free movement
of measuring instruments corresponding with EC directives will be made possible.

Under Act No. 142/2000 Coll. on Metrology legal measuring instruments are subject to
compulsory metrological control prior to their placing on the market and during their use.

By producer’s or importer’s choice, metrological control prior to the placing on the market
can be carried out
a) in accordance with European Communities directives for measuring instruments intended
   for European Union market, including the Slovak Republic, or
b) in accordance with national requirements for measuring instruments intended for the
   Slovak Republic’s internal market.




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The provisions of the Act on Metrology relating to metrological control in accordance with
European Communities requirements will not become effective until the entry into force of
the relevant international treaty (e.g. Slovak Republic’s accession to the European Union). At
present, metrological control can only be carried out in accordance with national
requirements.

The act defines the same conditions for domestic producers and importers of legal measuring
instruments.

Institutional framework

   The Slovak Office of Standards, Metrology and Testing (UNMS) - central state
    administration body in the field of metrology, responsible for legislation on legal
    metrology.

   The Slovak Institute of Metrology (SMU) is a state metrology research and scientific
    institution, which has the function of a national metrology institute. Under Act
    No.142/2000 Coll., it is the state administration body for the field of metrology and
    carries out pre-market inspection of measuring instruments - type approval and
    verification of legal measuring instruments. At the same time, it is the authorised body
    with regard to Government Ordinance No. 399/1999 Coll. on Non-Automatic Weighing
    Instruments. It is a full member of EUROMET and participates in key comparisons at
    BIPM and EUROMET.

   The Slovak Legal Metrology (SLM) is the central executive unit within legal metrology.
    The key role of the SLM is the calibration of reference standards in industry and
    verification of legal measuring instruments, which form a part of pre-market inspection of
    measuring instruments. At the same time, it is the authorised body with regard to
    Government Ordinance No. 399/1999 Coll. on non-automatic weighing instruments.

   The Slovak Metrological Inspectorate (SMI) is the state inspection authority for the
    field of metrology. The SMI’s role is metrological supervision of the observance of the
    provisions of the Act on Metrology (including metrological supervision of pre-packages)
    and market surveillance in the field of non-automatic weighing instruments in accordance
    with Act No. 264/1999 Coll. on Technical Requirements for Products and Conformity
    Assessment.

   Measuring Technology - Technocentrum (MTT) is a state organisation focusing on the
    development and production of standards, unique measuring instruments, etc.

Authorised metrological laboratories - organisations authorised to carry out the verification of
measuring instruments, which forms a part of the pre-market inspection of measuring
instruments. The authorisation is granted by the UNMS after assessing their competence or on
the basis of accreditation in accordance with the EN 45000 series of standards or STN ISO
17025.

The above bodies and organisations are able to fulfil the tasks arising from the new
legislation.

7. Electrical equipment and electrical risks


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Electrical equipment designed for use within certain voltage limits

Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage
limits was implemented with effect from 1 January 2000 by Government Ordinance No.
392/1999 Coll. which Lays down Details for Technical Requirements and Procedures for
Conformity Assessment of Electrical Equipment used within certain voltage limits.
Module B+C will be applied temporarily until 31 December 2002 (same as before the
adoption of Act No. 264/1999 Coll.). Based on Resolution of the Government No. 17/2001
this regulation shall be amended with effect from 1 January 2002 when only module ‘A’ will
be applied. Full compatibility will be achieved upon signature of PECA and amendment of
Government Ordinance No. 392/1999 Coll., after which the ‘CE’ marking will be used in
Slovakia.

Electromagnetic compatibility

Directive 89/336/EEC relating to electromagnetic compatibility has been transposed with
effect from 1 January 2000 by Government Ordinance No. 394/1999 Coll., which Lays
down Details on Technical Requirements for Products in Terms of Electromagnetic
Compatibility, to Act No. 264/1999 on Technical Requirements for Products and on
Conformity Assessment.

Full compatibility will be achieved after amendment of Government Ordinance No. 394/1999
Coll.
Directive 89/336/EEC will be fully implemented by amendment of Government Ordinance
No. 394/1999 Coll. as of 1 January 2002 and after signing PECA when the ‘CE’ marking will
be used in the territory of the Slovakia.

Electrical equipment intended for use in potentially explosive atmospheres (ATEX)

Directive 94/9/EC relating to the equipment and protective systems intended for use in
potentially explosive atmospheres has been implemented by Government Ordinance No.
117/2001 Coll. Laying down Details of Technical Requirements and Procedures for
Conformity Assessment of Equipment and Protecting Systems Intended for Use in
Potentially Explosive Atmospheres to Act No. 264/1999 Coll. on Technical Requirements
for Products and on Conformity Assessment. Full compatibility, including the use of “CE”
marking in Slovakia, will be achieved upon signature of PECA.

Institutional framework

Conformity assessment by third parties

The authorised bodies to perform certain activities in the area of conformity assessment as
third parties within the scope of authorisation under Act No. 264/1999 Coll. on Technical
Requirements for Products and on Conformity Assessment include:

 electrical equipment intended for use within certain voltage limits
- EVPÚ (Electrotechnical Research and Projecting Institute) Nová Dubnica, VÚZ (Welding
Research Institute) Bratislava, TSÚP (Technological and Testing Institute for Agriculture)



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Rovinka, TSÚ (Technical Testing Institute) Piešťany, and SÚDST (Testing Institute for
Transport and Earth-Moving Machines) Žilina;

 equipment assessed in terms of electromagnetic compatibility
- EVPÚ (Electrotechnical Research and Projecting Institute) Nová Dubnica, TSÚ (Technical
Testing Institute) Piešťany, and TUV SERVICE SLOVAKIA at Divina;

 electrical equipment used in potentially explosive atmospheres (ATEX)
- individual authorised bodies will perform all the functions that the notified bodies within the
EU are required to perform in conducting conformity assessment for the equipment and
systems intended for use in potentially explosive atmospheres. EVPÚ Nová Dubnica, which
have asked for authorisation, is currently in the process of accreditation.

Market surveillance

The functions of market surveillance pursuant to Section 30 of Act No. 264/1999 Coll. are
performed by the relevant surveillance authorities (bodies of public administration established
for that purpose according to separate regulations), namely:

 for electrical equipment used within certain voltage limits:
Slovak Trade Inspection, Slovak Telecommunications Office, National Labour Inspectorate,
(including 8 regional Labour Inspectorates).

 for equipment assessed in terms of electromagnetic compatibility:
Slovak Trade Inspection, Slovak Telecommunications Office.

 ATEX
Slovak Trade Inspection, National Labour Inspectorate, (including 8 regional Labour
Inspectorates).

8. Products falling under the protection of consumer interests

Toys

Council Directive 88/378/EEC concerning the safety of toys has been implemented with
effect from 1 January 2000 by Government Ordinance No. 395/1999 Coll., which Lays
down Details Concerning Technical Requirements for Toys. Full compatibility with the
European Union will be achieved upon the signature of PECA.

Institutional framework

The bodies authorised to perform all activities related to conformity assessment concerning
the safety of toys in the scope of authorisation under Act No. 264/1999 Coll. on Technical
Requirements for Products and on Conformity Assessment and Government Ordinance
395/1999 are: LABEKO Piešťany, TSÚ (Technical Testing Institute) Piešťany and VUPC
(the Slovak Pulp and Paper Research Institute) Bratislava.

The function of market surveillance pursuant to Act No. 264/1999 Coll. is performed by the
competent surveillance authority (body of public administration established for that purpose
according to separate regulations), namely the Slovak Trade Inspection.


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Energy efficiency requirements for household electric refrigerators, freezers and
combinations thereof and efficiency requirements for hot-water boilers fired with liquid or
gaseous fuels

Directive 96/57/EC on energy efficiency requirements for household electric refrigerators,
freezers and combinations thereof and Directive 92/42/EEC on efficiency requirements for
hot-water boilers fired with liquid or gaseous fuels have been implemented into the Slovak
legal order by Government Ordinance No. 425/2000 Coll. and Government Ordinance
No. 433/2000 Coll. to Act No. 264/1999 Coll. on Technical Requirements for Products and
on Conformity Assessment with the day of effect on 1 January 2001. Following the signature
of PECA the ‘CE’ marking will be used in the territory of Slovakia.

Institutional framework

TSÚ (Technical Testing Institute) Piešťany, which is accredited to perform these functions, is
the authorised body under Act No. 264/1999 Coll. on Technical Requirements for Products
and on Conformity Assessment for Government Ordinance No. 425/2000 Coll. and
Government Ordinance No. 433/2000 Coll. The functions of market surveillance pursuant to
Act 264/1999 Coll. are performed by the relevant surveillance authorities (bodies of public
administration established for that purpose according to separate regulations), namely the
Slovak Trade Inspection and Slovak Energy Inspection.

9. Other product groups

Mechanical devices – machinery

Directive 98/37/EC on the approximation of the laws of the Member States relating to
machinery has been transposed with effect from 1 January 2000 by Government Ordinance
No. 391/1999 Coll., which Lays down Technical Requirements for Machinery in the
Wording of Government Ordinance No. 475/2000 Coll. On 30 December 2000 (the day of
effect of Government Ordinance No. 475/2000 Coll.) full transposition of Directive 98/37/EC
has been achieved except the „CE“ use.

After PECA signing CE marking will be used in the territory of the Slovak Republic.

Institutional framework

The authorised bodies under Act No. 264/1999 Coll. on Technical Requirements for Products
and on Conformity Assessment include: EVPÚ Nová Dubnica, VÚZ Bratislava, TSÚP
Rovinka, TSÚS Bratislava, TSÚ Piešťany, SÚDST Žilina, WUSAM (Research and
Development Institute of Machines and Mechanisms) Zvolen and Technical Inspection. These
authorised bodies perform the following functions: certification, conformity assessment,
assessment of activities connected with the production of determined products, including the
development phase, testing of determined products.

The functions of market surveillance pursuant to Act No. 264/1999 Coll. are performed by the
Slovak Trade Inspection and National Labour Inspectorate (including 8 regional Labour
Inspectorates).




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Mechanical equipment –Lifting and mechanical and handling equipment

The current Slovak legislation is partially compatible with Directive 95/16/EC. The technical
requirements for lifts are specified in Decree No. 74/1996 Coll. to Ensure Health and
Safety at Work, Safety of Pressure Vessels, Lifts, and Electrical and Gas-Powered
Technical Equipment and on Professional Qualification Requirements for their
Operators.

With respect to Act No. 264/1999 Coll. on Technical Requirements for Products and on
Conformity Assessment Government ordinance, which fully transposes Council Directive
95/16/EC on the approximation of the laws of the Member States relating to lifts, has passed
inter-ministerial review.

Under the Plan of the Legislative Tasks of the Government, the Ministry of Labour, Social
Affairs and Family shall present to the Government for approval draft Governmental
regulation on lifts, which shall come into effect on 1 January 2002 (1 year earlier than the
original date of effect which was 1 January 2003 as a consequence of PECA), till the end of
October 2001.

The adoption of this ordinance will exclude lifts from Government Ordinance No. 400/1999
Coll. on other determined products.

Institutional framework

Under Act No. 95/2000 Coll. on Labour Inspection, the Slovak Occupational Safety Office
lost the status of a central body of public administration and has been transformed into the
National Labour Inspectorate operating within the jurisdiction of the Ministry of Labour,
Social Affairs and Family of the Slovak Republic. From 1 July 2000 only the Ministry of
Labour, Social Affairs and Family is empowered to initiate legislation that implements New
Approach directives in this area.

Within the meaning of Act No. 95/2000 Coll. on Labour Inspection the following institutions
are acting in this field:
 National Labour Inspectorate, including 8 regional Labour Inspectorates
 Technical Inspection.

Conformity assessment by third parties

Technical Inspection is an autonomous organisation co-funded from the state budget, whose
main responsibility is to inspect the safety of technical devices and perform certain expert
activities. It performs the functions that STN EN 45004 vests in a Type-A inspection
organisation for project design, manufacturing and putting into operation of lifts. Following
the implementation of Directive 95/16/EC and signature of PECA, the organisation will be
able to perform the function of a notified body. Technical Inspection has been accredited as
an inspection body pursuant to STN EN 45004 and is in the processes of preparation for
accreditation as a certification body pursuant to STN EN 45012.

Technical Inspection is a regular member of the European Confederation of Organisations for
Testing, Inspection, and Prevention (CEOC - Confédération Européenne des Organismes de
Contrôle technique, d'inspection, et de prevention, Bruxelles, Belgium).


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Technical Inspection will continue to develop in terms of technical, professional and training
capacity and will seek accreditation as a personnel certification body pursuant to STN EN
45013.

Market surveillance

Under Act No. 95/2000 Coll. on Labour Inspection, National Labour Inspectorates are
authorised to enter and inspect the premises of organisations and to carry out surveillance
activities there.

Personal protective equipment

Government Ordinance No. 29/2001 Coll. stipulating Details of Technical Requirements
for Products and on Conformity Assessment Further to Act No. 264/1999 Coll. on
Technical Requirements for Products and on Conformity Assessment Procedures in
Personal Protective Equipment Assessment, which has transposed Council Directive
89/686/EEC on the approximation of the laws of the Member States relating to personal
protective equipment, as amended, has been adopted further to Act No. 264/1999 Coll. and it
has entered into force as of 1 April 2001. Following the signature of PECA, the “CE” marking
will be used in Slovakia.

Institutional framework

The Occupational Safety Research and Educational Institute is the authorised body for
personal protective equipment under Act No. 264/1999 Coll. on Technical Requirements for
Products and on Conformity Assessment.

Under Act No. 95/2000 Coll. on Labour Inspection, the Occupational Safety Research and
Educational Institute (VVÚBP) is an autonomous organisation co-funded from the state
budget, which – apart from research, training and expert functions – performs the function of
an authorised body for personal protective equipment under Act on Technical Requirements
for Products and on Conformity Assessment and Government Ordinance on Personal
Protective Equipment. It has been accredited and authorised as a testing laboratory according
to STN EN 45001 and a certification body according to STN EN 45011 for personal
protective equipment.

Pursuant to Act No. 264/1999 Coll., market surveillance is performed by the following
surveillance authorities: Slovak Trade Inspection, National Labour Inspectorate (including 8
regional Labour Inspectorates).

Medical devices, active implantable medical devices and in vitro diagnostic medical devices

The framework legislation in this area is provided by Act No. 264/1999 Coll. on Technical
Requirements for Products and on Conformity Assessment. Further to this Act, the
Government has issued Ordinance No. 400/1999 Coll. effective from 1 January 2000, which
lays down details on technical requirements for other determined products. The ordinance also
covers medical devices. Medical devices covered by Directives 93/42/EEC, 90/385/EEC and
98/79/EC will be excluded from the scope of the above Government ordinance, and the
transposition will be achieved by the adoption of Government Ordinance on Medical


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Devices, Government Ordinance on Active Implantable Medical Devices and
Government Ordinance on in vitro Diagnostic Medical Devices, to be issued as a
secondary legislation to Act No. 264/1999 Coll. on Technical Requirements for Products and
on Conformity Assessment. The envisaged date of effect of these regulations is scheduled for
1 September 2001. As of this date medical devices, active implantable medical devices and in
vitro diagnostic medical devices will be excluded from Government Ordinance No. 400/1999
Coll. Act No. 140/1998 Coll. on Medicines and Medical Devices regulating clinical testing
and pharmacovigilance shall be reviewed with the same day of effect taking into account new
acquis in this field. Full implementation will be achieved upon the signature of PECA.

Institutional framework

The Bratislava based State Institute for Drug Control is currently the authorised body. In
connection with the proposed Governmental ordinances the Institute will be transformed into
the competent body performing the following functions:

   specific: registration of medical devices, their producers, importers and other data
    necessary for the registration and tracking in the event of undesirable effects (central
    registration and assessment), market surveillance of medical devices, authorisations for
    clinical testing and oversight of compliance with law.
   general: participation in the drafting of legislation, consultancy in the field of legislation
    for producers, monitoring of the efficiency of legislation, participation in international
    working groups, publication of guidance for users and producers.

The function of market surveillance pursuant to Act No. 264/1999 Coll. is performed by
surveillance bodies and the Slovak Trade Inspection.

Appliances burning gaseous fuels

Directive 90/396/EEC relating to appliances burning gaseous fuels has been fully
implemented with effect from 1 January 2000 by Government Ordinance No. 393/1999
Coll., which Lays down Details on Technical Requirements for Appliances Burning
Gaseous Fuels.

Following the signature of PECA and subsequent amendment of Government Ordinance No.
393/1999 Coll., the “CE” marking will be used in the territory of the Slovak Republic.

Institutional framework

The authorised bodies that perform, within the scope of authorisation accorded to them by Act
No. 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment
and Government Ordinance No. 393/1999 Coll. concerning appliances burning gaseous fuels,
all the functions required from a notified body in the EU are: VUZ (Welding Research
Institute) Bratislava, TSÚP Rovinka, TSÚ Piešťany and SÚDST Žilina Technical Inspection.

The function of market surveillance pursuant to Act No. 246/1999 Coll. is performed by the
surveillance authorities: Slovak Trade Inspection, National Labour Inspectorate (including 8
regional Labour Inspectorates) and the Slovak Energy Inspection.




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Pressure vessels and pressure equipment

Technical requirements for pressure vessels and pressure equipment are partially laid down in
Decree No. 74/1996 Coll. of Occupational Safety Office Concerning Safety at Work and
Health Protection, Safety of Pressure, Lifting, Electrical and Gas Fired Equipment, and
Minimum Qualification Requirements for their Operators, which is the implementing
regulation to Act No. 330/1996 Coll. on Health and Safety at Work. Decree 74/1996 Coll.
will be amended in the first half of 2001, thus, excluding all technical requirements relating to
the planning, design, and testing of lifting, electrical, pressure and gas fired equipment prior
to their putting in operation.

In the field of simple pressure vessels and pressure equipment Government Ordinance to
Act No. 264/1999 Coll. Determining Technical Requirements for Simple Vessels, which
will fully transpose Directive 87/404/EEC with effect from 1 July 2001 will be adopted.
Government Ordinance to Act No. 264/1999 Coll. Determining Technical Requirements
for Pressure Equipment with the day of effect not later than 1 January 2003 will fully
transpose Council Directive 97/23/EC on the approximation of the laws of the Member States
relating to pressure equipment. Directive 1999/36 on transportable pressure equipment
with effect from 1 January 2003 will be transposed into the Slovak law in an analogous way.

Institutional framework

The assumption is that the authorised bodies will include Technical Inspection, Welding
Research Institute and the Technical Testing Institute Piešťany, which also currently perform
the functions required from a notified body in the EU within the scope of authorisation under
Act No. 264/1999 Coll. on Technical Requirements for Products and on Conformity
Assessment and Government Ordinance No. 400/1999 Coll.

The Slovak Trade Inspection and National Labour Inspectorate (including 8 regional Labour
Inspectorates) perform market surveillance pursuant to Act No. 264/1999 Coll.

Market surveillance

Under Act No. 95/2000 Coll. on Labour Inspection, Labour Inspectorates are authorised to
enter the premises of organisations and carry our surveillance including, if necessary, putting
machinery and devices out of operation.

Construction products

Slovakia has transposed Directive 89/106/EEC by adopting Act No. 90/1998 Coll. on
Construction Products. The amendment to the Act No. 413/2000 Coll. on Construction
Products has come effect on 1 January 2001. In accordance with the Act on Technical
Requirements for Products and on Conformity Assessment, the amendment has also
introduced a uniform Slovak conformity marking for construction products. Based on
European Commission Decisions relating to the application of Article 20 (2) of the aforesaid
Directive, Annex 1 to Act No. 90/1998 Coll. will be deleted from the amended Act and it will
be transformed into a decree to be issued by the Ministry of Construction and Regional
Development in order to ensure swift response to and flexible transposition of EC decisions
into the Slovak legal system. The amended act stipulates 1 January 2002 to be the data of
effect of the decree.


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After amendment, Act No. 90/1998 Coll. on Construction Products is fully compatible with
the acquis to the extent possible under the status of an Associated Country.

Institutional framework

The Ministry of Construction and Regional Development is the ministry with substantive
competence for construction products.

The Ministry of Construction and Regional Development has authorised 17 legal entities,
accredited by the national accreditation body of the Slovak Republic, to act as authorised
bodies for conformity assessment of construction products. These authorised bodies conduct
certification proceedings in respect of conformity assessment, perform inspections and ensure
the operation of testing laboratories according to Act No. 90/1998 Coll. on Construction
Products. Authorised bodies for construction products are Fires Batizovce, Lignotesting a.s.
Bratislava, TSÚ Piešťany, TSÚS Bratislava, VÚD Žilina, VÚSAPL Nitra, VÚZ Bratislava,
EVPÚ Nová Dubnica, VUIS Cesty (Roads) Bratislava, VUIS Vodovody a kanalizácie (Water
Supply and Sewerage Utilities) Bratislava, VÚTCH-CHEMITEX Žilina, Applied Precision
Bratislava, CLL Lietavská Lúčka, VSŽ Labortest s.r.o., and Centre for Special Activities
Doprastav a.s. Bratislava, VÚCHT a.s. Bratislava a PTEÚ.

The Ministry has granted authorisation to a single approval point as OM 04/1998 for the
issuance of technical attests for construction products. The approval point, which is located in
the Building Testing and Research Institute Bratislava, has an observer status in EOTA
(European Organisation for Technical Approvals) and takes active part in the meetings of
EOTA.

The Ministry of Construction and Regional Development performs supervision over the
conformity assessment procedures of construction products conducted by individual
authorised bodies.

The function of market surveillance under Act 90/1998 Coll. is performed by the following
market surveillance authorities: Slovak Trade Inspection, Fire Protection Authority of the
Ministry of the Interior and fire protection units at regional and district authorities, HES
(Regional Hygienic and Epidemiological Stations) and National Labour Inspectorate
(including 8 regional Labour Inspectorates).

Recreational craft

The basic legal framework for implementing Directive 94/25/EC is provided by Act No.
264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment, Act
No. 338/2000 Coll. on Inland Navigation and Act No. 435/2000 Coll. on Maritime
Navigation.

Full harmonisation with the acquis will be achieved by a Government Ordinance on
technical requirements for recreational craft issued to Act No. 264/1999 Coll., which will
enter into effect as of 1 June 2001. The implementation of Council Directive 96/98/EC on
marine equipment by a Government Ordinance issued to Act No. 264/1999 Coll. on Technical
Requirements for Products and on Conformity Assessment has further elaborated Act No.




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435/2000 Coll. on Maritime Navigation. This ordinance will specify technical requirements
for the equipment of maritime vessels.

Institutional framework

The institutional framework comprises: the Ministry of Transport, Posts and
Telecommunications, the Office of Standards, Metrology and Testing, the newly created
Transport Testing Institute, Slovak Lloyd as a proposed authorised body (inspection
organisation), and the State Navigation Authority as a body of state expert supervision
(surveillance body) for inland navigation, in co-operation with the Slovak Trade Inspection
(body of market surveillance) and the Maritime Office (supervision body) for maritime
navigation.

Glass

The content of Directive 69/493/EEC on the approximation of the laws of the Member States
relating to crystal glass has been incorporated into STN 70 8001 ‘Crystal Glass’. Further to
Act No. 634/1992 Coll. on Consumer Protection in the wording of its amendment No.
310/1999 Coll., Decree No. 106/2001 on Labelling Material Composition of Products made
of Crystal Glass with the date of effect of 1 April 2001 has been adopted on 21 February
2001, thus, implementing Council Directive 69/493/EEC of 15 December 1969, which
ensures full compatibility with the acquis.

Institutional framework

General oversight of compliance with the laws on consumer protection is performed by the
Slovak Trade Inspection, as well as by Small Licence Trade Departments and Consumer
Protection Departments at the relevant district and regional offices in conformity with Act No.
274/1993 Coll. on the Competence of Authorities in Consumer Protection, as amended.

Textile

Further to Act No. 634/1992 Coll. on Consumer Protection in the wording of its Amendment
No. 310/1999 Coll., the Ministry of Economy has issued Decree No. 18/1999 Coll. Laying
down Details of the Labelling of Composition and the Care for Textile Products, which
has come into effect 1 July 1999. The Decree implemented Council Directive 96/74/EC on
textile names of 16 December 1996 and its supplementary Directive 97/37/EC of 19 June
1997. The content of Directives 96/73/EC and 73/44/EEC has been comprehensively
incorporated into Slovak technical standards STN 80 0067-1 and STN 80 0067-2 relating to
the analysis of binary and ternary fibre mixtures.

Textiles are currently assessed according to Government Ordinance No. 400/1999 Coll.,
which lays down detailed technical requirements for other determined products, using the
methods of analysis set out in Directives 96/73/EC and 73/44/EEC.

Further to Act No. 634/1992 Coll. on Consumer Protection in the wording of its Amendment
No. 310/1999 Coll., the Ministry of Economy shall issue a decree on the methods for
testing textile fibres implementing Council Directive 96/73/EC of 16 December 1996 on
certain methods for the quantitative analysis of binary textile fibre mixtures and Council
Directive 73/44/EEC of 26 February 1973 on the approximation of the laws of the Member


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States relating to the quantitative analysis of ternary fibre mixtures. The envisaged date of
effect of the decree is 1 January 2003.

Institutional framework

The Ministry of Economy of the Slovak Republic is responsible for the harmonisation of
legislation with the acquis in this field. General oversight of compliance with the laws on
consumer protection is performed by the Slovak Trade Inspection, as well as by Small
Licence Trade Departments and Consumer Protection Departments at the relevant district and
regional offices in conformity with Act No. 274/1993 Coll. on the Competence of Authorities
in Consumer Protection, as amended. Municipalities have the authorisation to conduct market
surveillance only at marketplaces administered by the municipality.

Footwear

The content of Directive 94/11/EC on the approximation of the laws, regulations and
administrative measures of the Member States relating to labelling of the materials used in the
main components of footwear for sale to the consumer has been incorporated into STN 79
5600 Footwear.

Further to Act No. 634/1992 Coll. on Consumer Protection in the wording of its Amendment
No. 310/1999 Coll., Decree No. 105/2001 Coll. Laying down Details of Labelling of the
Materials Used in the Main Components of Footwear has been issued. The Decree has
implemented European Parliament and Council Directive 94/11/EC of 23 March 1994 on the
approximation of the laws, regulations and administrative measures of the Member States
relating to labelling of the materials used in the main components of footwear for sale to the
consumer, thus ensuring full compatibility with the acquis. The Decree has come into effect
on 1 April 2001.

Footwear is currently assessed on the basis of Government Ordinance No. 400/1999 Coll.,
laying down the detailed requirements for other determined products.

Institutional framework

The Ministry of Economy of the Slovak Republic is responsible for the harmonisation of
legislation with the acquis in this field. General oversight of compliance with the laws on
consumer protection is performed by the Slovak Trade Inspection, as well as by Small
Licence Departments and Consumer Protection Departments at the relevant district and
regional offices in conformity with Act No. 274/1993 Coll. on the Competence of Authorities
in Consumer Protection, as amended. Municipalities have the authorisation to conduct market
surveillance only at marketplaces administered by the municipality.

Wood

The basic legislation in this field comprises Act No. 100/1977 Coll. on Forest Management
and on State Administration in Forestry, as amended; and Decree of the Ministry of
Agriculture No. 244/1997 Coll. on Classification and Registration of Wood Felling. These
regulations also included Act No. 264/1999 Coll. on Technical Requirements for Products and
on Conformity Assessment and on amending some other acts.




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Slovakia has specific technical standards (STN) relating to the measurement and quality of
wood in the rough. Under Act No. 264/1999 Coll., the STN for the classification of wood in
the rough remained binding till the end of 2000. The Slovak Institute for Standardisation is
currently in the process of developing new STN that will fully transpose the relevant EN
standards, particularly those applicable to roundwood and sawn timber and their classification
by size and quality. Till 31 December 2000 17 EN standards concerning roundwood and sawn
timber classification were implemented. Currently, all significant EN standards relating to
Directive 68/89/EEC have been implemented in the system of Slovak technical standards.
This Directive falls under optional harmonisation directives.

Under Act No. 264/1999 Coll., all original Slovak standards are still in force after 1 January
2001, though they will not be binding upon the users. When classifying wood users may
apply any valid standard or other rules. Law may stipulate obligations in this activity.

The classification of wood in the rough should be based on these standards. The plan is to
achieve it through Act No. 100/1977 Coll. or Decree No. 244/1997 Coll.

Institutional framework

Responsibility for this area in the Slovak Republic lies with the Ministry of Agriculture and
the Office of Standards, Metrology and Testing.

Slovak authorities responsible for performing expert and administrative tasks arising from the
acquis are in place in the Slovak Republic. The body responsible for the technical content
preparation of standards is the Ministry of Agriculture. The standards are implemented by
forest management entities, wood processors and trading organisations.

Radio equipment and telecommunications terminal equipment

The basic regulations in this field is composed of:
 Act No. 195/2000 Coll. on Telecommunications (effective from 1 July 2000),
 Act No. 264/1999 Coll. on Technical Requirements for Products and on Conformity
   Assessment,
 Government Ordinance No. 392/1999 Coll. (see section on ‘electrical equipment designed
   for use within certain voltage limits’),
 Government Ordinance No. 394/1999 Coll. on Electromagnetic Compatibility (see section
   on ‘electromagnetic compatibility’).
This legislation is partially in compliance with Directive 99/5/EC.

Further alignment of Slovak legislation with the acquis will be achieved by adopting a
Government Ordinance to Act No. 264/1999 Coll., which will ensure full harmonisation
with Directive 99/5/EC with effect from 1 July 2001.

Institutional framework

The responsible ministry is the Ministry of Transport, Posts and Telecommunications. Under
Act No. 195/2000 Coll. on Telecommunications, the body competent for approving
telecommunication terminals is the Telecommunications Office. It is expected that the
Research Institute of Posts and Telecommunications Banská Bystrica (VÚS) and EVPÚ Nová
Dubnica will be the authorised bodies under the Government Ordinance to Act No. 264/1999


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Coll. on Telecommunications Terminal Equipment and will thus perform all the functions
relating to conformity assessment. The Research Institute of Posts and Telecommunications
Banská Bystrica is already active in this field, while EVPÚ Nová Dubnica performs
assessment for equipment designed for use within certain voltage limits on the basis of
Authorisation No. 590/2000. The Research Institute of Posts and Telecommunications (VÚS)
Banská Bystrica performs verification of technical competence of telecommunication
equipment in accredited laboratories (laboratory for radio communications equipment –
Certificate of Accreditation No. 29/1996; laboratory for telecommunications equipment –
Certificate of Accreditation No. 30/1996; laboratory for electromagnetic compatibility –
Certificate of Accreditation No. 1/1998). Pursuant to Act No. 264/1999 Coll., VÚS has asked
ÚNMS to authorise the laboratory of electromagnetic compatibility for the certification and
conformity assessment, inspection and testing of determined products.

The Slovak Trade Inspection and the Telecommunications Office perform the function of
market surveillance pursuant to Act 264/1999 Coll.

10. Horizontal and procedural measures

The basic legal framework for the restructuring of the whole system was established by Act
No. 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment,
which unified technical requirements for products in a way that ensures that any new
implementing regulations to the Act, enacted in the form of Government ordinances,
introduce consistent technical requirements for products regardless from whether the products
are intended for putting into service or placing on the market. The Act has introduced a global
concept of conformity assessment into the Slovak legal system and – apart from providing
legislative framework for the implementation of New Approach directives and creating
conditions for mutual recognition of conformity assessment and acceptance of industrial
products in this area – it has provided for a legislative framework to implement Directive
98/34/EC as amended by Directive 98/48/EC and, thus, created a legislative framework for
mutual recognition of technical regulations in non-harmonised areas. The completion of the
system, however, depends on Slovakia’s accession to the relevant European systems.

Slovakia assigns high priority to concluding negotiations on the Protocol to the Europe
Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA) in
selected areas identified in sections 6, 7, 8 and 9 by the end of 2001, because full
implementation of New Approach directives, including CE marking and exchange of
information with the European Commission in the area of safeguard clause is possible only
after the conclusion of PECA.

Accreditation

The body responsible for the existence of the National Accreditation System is the Ministry of
Economy. Pursuant to Act No. 264/1999 Coll. on Technical Requirements for Products and
on Conformity Assessment and in harmony with the European practice, the Minister of
Economy appointed the Slovak National Accreditation Service as the only accreditation
body with effect from 7 January 2000. The Slovak National Accreditation Service has become
a full member of the European Accreditation (EA). At the EA TC1 MAC meeting held on 21
March 2001 decision was taken that SNAS will gain membership of MLA (agreement on
acceptance of testing laboratories accreditation) and further also membership of MLA IAF
(for the acceptance of quality systems certifying bodies accreditation), and thus prerequisites


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for gaining the acceptance of the competence of Slovak authorised bodies (testing
laboratories, certification and inspection bodies) would be created during PECA negotiations.

Standardisation

Further to Act No. 264/1999 Coll. on Technical Requirements for Products and on
Conformity Assessment as amended, the Slovak Institute for Standardisation has been
recognised by State the national standardisation organisation and national standardisation
body representing the Slovak Republic in international and European standardisation
organisations. This arrangement has ensured independent institutional framework for these
activities. In February 2000, the central secretariats of IEC and CENELEC approved by way
of correspondence the transfer of membership from the Slovak Electrotechnical Committee at
the Office of Standards, Metrology and Testing (SEV/ÚNMS SR) to SEV/SÚTN. The
transfer of membership in International Organisation for Standardisation ISO from the Office
of Standards, Metrology and Testing to the Slovak Institute for Standardisation took place by
way of correspondence in April 2000 (see ISO Council Decision No. 22/2000). The
transfer of affiliated membership in CEN was effected by means of an acceptance letter of
CEN dated April 2000. The Slovak Institute for Standardisation has also signed a
Memorandum of Understanding with the European Telecommunications Standards Institute –
ETSI in August 2000.

Progress and state of play in the transposition of European standards

The transposition of European standards is guided by all procedures permitted by the
CEN/CENELEC Internal Regulations – Part 2: Common rules for standards work. In the past
European standards were mostly translated into Slovak, today other transposition procedures
are being applied. European standards in the area of information technologies and ETSI
standards are transposed by endorsement. In this case, two options are available: publication
of endorsement sheet, or announcement in the UNMS Official Journal. In August 2000,
SÚTN and ČSNI (Czech Standardisation Institute) signed an agreement on co-operation,
whereby both countries may transpose European standards in the language of
a CEN/CENELEC member. This system of incorporation of European standards into STN
provides for a more expedient fulfilment of condition 7 for affiliated members of
CEN/CENELEC, and enables SÚTN to file formal application for CEN/CENELEC regular
membership in 2001.

As of 30 April 2001, 3,056 European CEN standards, 40 CEN/CENELEC standards, 1,423
CENELEC standards and 1,378 ETSI telecommunications standards were incorporated in the
system of Slovak technical standards.

Mutual recognition principle, notification procedure, derogation measures (Directive
98/34/EC as amended by Directive 98/48/EC, Council Decision 3052/95/EC)

Full implementation of Directive 98/34/EC, as amended by Directive 98/34/EC, will be
achieved by adopting Government ordinance on the procedures for exchanging
information on technical regulations and standards with effect from 1 October 2001, and
by transforming the existing TBT WTO information centre into a structure capable of
exchanging information between the Slovak Republic and the European Union in accordance
with the above Directive.




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The envisaged Government ordinance on the procedure for exchanging information on
technical regulations and standards, expected to take effect in the 2nd half of 2001– in
conjunction with Section 8 of Act No. 264/1999 Coll. on Technical Requirements for
Products and on Conformity Assessment – will create the necessary environment for
implementing the safeguard clauses under New Approach directives between the Slovak
Republic and the European Union, and for establishing a system of communication with the
European Commission in connection with the adoption of measures that, under certain
circumstances, restrict the use of the mutual recognition principle or prevent free movement
of goods in spite of the fact that harmonisation of legislative basis between Slovakia and the
EU has already been attained.

With a view to the need to accelerate the analysis of potentially conflicting technical
regulations and to provide for their appropriate amendment, along with incorporating the
relevant product group into PECA, it is necessary to strengthen the resources of ÚNMS SR by
three staff in the course of 2001.

An implementing unit is currently being set up for notifications and inter-ministerial co-
ordination of the process of examining the compatibility of Slovak technical standards in the
non-harmonised area with Articles 28-30 of the Amsterdam Treaty.

Market surveillance (see also Negotiating Position under Chapter 23 – Consumer and Health
Protection).

A material called “The Analysis of Current Market Surveillance Bodies System, Performance
and Scope of Activities” was elaborated and based on it a draft legislative intent for a law on
an integrated market surveillance body for non-food products and services has been prepared
and the same proposal concerning food products is under preparation. It is assumed that both
draft laws will be adopted in 2001 and shall come into effect from 1 January 2002.

As a part of Financial Memorandum for PHARE 2001 the project “Support of Market
Surveillance System in Consumer and Health Protection” has been prepared, its
implementation has been approved by the National Coordinator for Foreign Assistance. The
project has been preliminary recommended to the EC for implementation. Currently it is
being reviewed by the EC.

11. Public procurement

The process of public procurement is governed by Act No. 263/1999 Coll. on Public
Procurement and on amendment of certain other acts, which came into effect on 1 January
2000. The Public Procurement Act constitutes the basic legislative and institutional
framework for public procurement, it regulates the procedural aspects of public procurement
and it is based on five public procurement principles:
 non-discrimination of public procurement participants on whatever basis,
 equal treatment of all parties to public procurement,
 transparency and clarity,
 promotion of competitive environment,
 effectiveness and efficiency of the use of public funds.

Government Ordinance No. 389/2000 Coll. Specifying the Conditions for the Publication
of Preliminary Notices, Methods of Public Procurement, Tender Dossiers and Results of


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Public Procurement has come into with effect from 1 January 2001. The Office for Public
Procurement started to publish a separate Public Procurement Journal on 1 January 2001. The
system of professional qualifications for public procurement will be applied and a list of
entrepreneurs interested to participate in public procurement will be maintained from 1
January 2002. Full approximation shall be achieved till the end of 2002.

Institutional framework

In accordance with the Public Procurement Act, the Office for Public Procurement was
established as a central administration body competent for public and licence-based
procurement on 1 January 2001; its scope of competence is laid down in Section 83 of the
Public Procurement Act.

The Public Procurement Act regulates the procedure that can be applied during the public
procurement process. The law also stipulates in detail time limits within which objections can
be filed by tenderers and also time limits within which the Office for Public Procurement
must decide on objections. In this way unreasonably long court proceedings are partially
prevented. The procuring entity cannot declare the result of public procurement until the
Office for Public Procurement has issued its decision concerning the objection.

Decisions by the Office for Public Procurement can be reviewed by a court. However, it
should be noted that no remedies can be filed against the decisions by the Office for Public
Procurement concerning objections (Section 87, para 5), general regulations on administrative
procedure do not apply to the proceedings on objections (Section 86, para 11). This means
that in such a case the decisions issued by the Office are reviewed by the Supreme Court or
the bodies of the Prosecution Authority.

12. Return of cultural objects

The Ministry of Culture, being a central body of state administration responsible for the
implementation of Directive 93/7/EEC into the Slovak legal order, has partially transposed
Directive 93/7/EEC into Act No. 115/1998 Coll. on Museums and Galleries and on Protection
of Objects of Museum or Art Gallery Value, its draft amendment and draft act on national
heritage protection. The draft act on national heritage protection has been submitted to the
Legislative Council of the Government. The draft amendment of Act No. 115/1998 Coll. has
already been approved by the Legislative Council.

Full compatibility with the acquis will be achieved after drafting a new piece of legislation
that will exclusively regulate the area of the return of cultural objects unlawfully removed
from the territory of a country. Such law, as envisaged, should be adopted not later than 31
December 2002 and it shall come into effect upon Slovakia’s accession to the European
Union.

Institutional framework

The existing legal framework of a central body allows a fast exchange of information and co-
operation by and among customs authorities, the police and courts as well as applicants from
any EU Member State in the process of the return of cultural objects unlawfully removed
from the territory of a country.



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Potential future litigation with respect to this directive shall be held before a general local
court in the jurisdiction of which the relevant cultural object is.

The Ministry of Culture of the Slovak Republic is the responsible authority.

13. Control of weapons

The basic legislative framework is composed of:
 Act No. 246/1993 Coll. on Weapons and Ammunition, as amended,
 Decree No. 15/1998 Coll. specifying conditions for granting official licences for export
   and import of goods and services implementing Act No. 42/80 Coll. on business contacts
   with other countries as amended,
 Government Ordinance 397/1999 Coll. Laying down Details on Technical Requirements
   and Conformity Assessment Procedure of weapons and Ammunition (amended by
   Government Ordinance No. 296/2000 Coll.).

This legislation is partially compatible with Directive 91/477/EEC.

A new law on weapons and ammunition is being prepared. Its entry into force on 1 January
2003 will ensure full compatibility with the acquis.

Institutional framework

The Ministry of the Interior is the body with substantive competence in the area governed
by the Act on Weapons and Ammunition.

The field of granting official licences for export and import of goods falls under the
competence of the Licensing Commission established by Government Resolution No.
206/1999. The members of the Licensing Commission include representatives of the Ministry
of Foreign Affairs, the Ministry of Defence, the Ministry of Interior and the Ministry of
Economy.

14. Exchange of information

Act No. 261/1995 Coll. on State Information System is the framework legislation allowing
Slovakia‘s participation in various activities under the IDA II programme.

Institutional framework

The main tasks and functions in the area of the State Information System are performed
by the Ministry of Education and the Government Council on Information
Technologies, which sets forth the standards for the State Information System and
performs a function similar to that of the TAC Committee (Telematic between
Administration Committee) for IDA II. The GOVNET network inter-linking all central
bodies of state administration, is operated by the Office of the Government. This
network currently also provides for electronic communication with the relevant
institutions of the European Commission.




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Priority Tasks – Chapter 1 Free Movement of Goods:

Task                                                                                 Deadline       Note
Conclude the PECA negotiations in determined areas                                   31. 12. 2001   Other areas during 2002
Issue a government ordinance which lays down the details of technical requirements   1. 6. 2001
for civil use explosives
Issue a government ordinance which lays down the details of technical requirements   1. 9. 2001     Council Directive No. 90/385/EEC
for active implantable medical devices
Issue a government ordinance which lays down the details of technical requirements   1. 9. 2001     Council Directive No. 93/42/EEC as
for medical devices                                                                                 amended by Directive No. 93/68/EEC and
                                                                                                    Directive No. 98/79/EC
Issue a government ordinance which lays down the details of technical requirements   1. 9. 2001     Directive No. 98/79/EC
for in vitro diagnostic medical devices
Issue a government ordinance which lays down the details of technical requirements   1. 6. 2001     Directive 94/25
for recreational craft
Issue a government ordinance which lays down the details of technical requirements   1. 8. 2001     Council Directive 96/98/EC on marine
for ship equipment                                                                                  equipment
Issue a government ordinance which lays down the details of technical requirements   1. 1. 2002     Council Directive No. 95/16/EC
for lifts                                                                                           The material went through inter-ministerial
                                                                                                    procedure and was submitted to the
                                                                                                    Ministry of Labour, Social Affairs and
                                                                                                    family. Draft ordinance was assessed by
                                                                                                    the EC as a good implementation
                                                                                                    appropriate for PECA negotiations
Issue a government ordinance which lays down the details of technical requirements 1. 7. 2001       Directive 99/5/EC
for terminal radio-communication and terminal telecommunication equipment
Issue a government ordinance which lays down the details of technical requirements 1. 7. 2001     Council Directive No. 87/404/EEC as
for simple pressure vessels                                                                       amended by Council directives No. 90/488
                                                                                                  and No. 93/68
Issue a government ordinance which lays down the details of technical requirements not later than Council Directive No. 97/23/EC on the
for pressure equipment                                                             1. 1. 2003     approximation of the laws of the Member
                                                                                                  States relating to pressure equipment


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Task                                                                                 Deadline     Note
Issue a government ordinance which lays down the details of technical requirements   1. 1. 2003   Directive No. 1999/36/EC
for transportable pressure equipment
Issue a government ordinance which lays down the details of technical requirements   2003         Directive No. 2000/9/EC
for cableway installations designed to carry passengers
Issue a government ordinance which lays down the details of technical requirements   1. 1. 2002   Directive No. 2000/14/EC
for noise emissions by equipment used outdoors
Adopt an amendment of Act No. 315/1996 Coll. on Roads Traffic                        31. 3.2003   The independent status of the State
                                                                                                  Transport Office will be regulated.
                                                                                                  The legislative framework for the
                                                                                                  implementation of EEC directives into the
                                                                                                  Slovak legal order will be created.
Issue an amendment of Ministry of Transport, Posts and Telecomunications Decree 31. 3. 2003
No. 116/1997 Coll. on the Conditions of Vehicle Operation on Roads
Complete the process of harmonising Slovak legislation with the acquis including, 31. 12. 2003
including agricultural and forestry tractors
Adopt an amendment of Act No. 152/1995 on Foodstuffs                              1. 1. 2002      To remove non-conformance in foodstuffs
                                                                                                  labelling (the requirement to remove the
                                                                                                  date of production), to approximate other
                                                                                                  amendments of horizontal EU legislation
                                                                                                  concerning food additives and certain
                                                                                                  contaminants in food, and to adopt
                                                                                                  legislation in respect of novel food and
                                                                                                  novel components.
Adopt an amendment of Act No. Act No. 272/1994 on Human Health Protection as 1. 1. 2002           To abolish mandatory licensing procedure
amended                                                                                           of the Ministry of Health of the Slovak
                                                                                                  Republic with the exception of novel
                                                                                                  foodstuffs,     foodstuffs    for     special
                                                                                                  nutritional use and foodstuffs for children.
Adopt an amendment of the Food Code of the Slovak Republic                           1. 1. 2003   To ensure full compatibility with the
                                                                                                  acquis
Adopt an amendment of Civil Code                                                     1. 1. 2002   To ensure compatibility with the acquis in


                                                                    73
National programme for the Adoption of the Acquis                                                                       Free Movement of Goods


Task                                                                                        Deadline     Note
                                                                                                         food labelling
Adopt a Chemical Substances and Preparations Act                                            1.6.2001     Transposition      of     Directive    No.
                                                                                                         67/548/EEC, 92/32/EEC, 88/379/EEC,
                                                                                                         76/769/EEC, 73/404/EEC, 93/112/EEC,
                                                                                                         99/11//EC and 99/12/EC and Regulation
                                                                                                         No. (EC) 92/2455/EC and (EC) 793/93.
                                                                                                         Creation of legislative framework for
                                                                                                         transposition of Directive 99/45/EC.
Issue a decree on the registration of medicines                                             1. 7. 2001   Full transposition of Directive 65/65/EEC
                                                                                                         concerning the issuance of authorisations
                                                                                                         for the placing of medicines on the market,
                                                                                                         transposition of Directive 81/851/EEC.



Issue a decree of the Ministry of Economy through which the conditions for the              1. 6. 2001
notification, classification, labelling, packaging, testing, good laboratory practice and
compiling the safety data sheets for dangerous chemical substances and preparations
are laid down
Issue a decree of the Ministry of Economy on risk assessment of existing chemicals          1. 6. 2001
for the life and health of people and the environment
Issue a decree of the Ministry of Economy on risk assessment caused by new                  1. 6. 2001
chemicals for the life and health of people and environment
Issue a decree of the Ministry of Economy specifying a list of selected chemical            1. 6. 2001   The draft has been elaborated in
substances and preparations whose placing on the market and use is forbidden or                          accordance with Council Directive
restricted                                                                                               76/769/EEC,     including    Commission
                                                                                                         Directive 1999/77/EC on technical
                                                                                                         progress
Issue a decree on the methods for the inspection of the biodegradability of surface- 1. 6. 2001          The draft has been elaborated in line with
active substances in detergents (washing and cleaning products) and requirements for                     Council      Regulation      73/404/EEC,
the introduction thereof into circulation                                                                73/405/EEC, 82/242/EEC, 82/243/EEC,
                                                                                                         86/94/EEC         and        Commission


                                                                          74
National programme for the Adoption of the Acquis                                                               Free Movement of Goods


Task                                                                               Deadline      Note
                                                                                                 Recommendation 89/542/EEC
Issue a d Decree on the classification and labelling of di(2-ethylhexyl)phtalate   1. 6. 2001    The draft will be elaborated in line with
                                                                                                 Commission Decision 90/420/EEC and
                                                                                                 follow Article 23 of Council Directive
                                                                                                 67/548/EEC
Issue a decree of the Ministry of Economy: List of New Chemical Substances         2nd half of   The proposal will be prepared in
                                                                                   2003          accordance with Commission Decision
                                                                                                 85/71/EEC
Adopt a law on conditions for placing biocides on the market                 2nd half of         The draft will be elaborated in line with
                                                                             2003                Directive 98/8/EC
Newly codify the Patent Act No. 527/1990 Coll.                               1. 9. 2001          Full transposition of Council regulation
                                                                             Part IV and         1768/92      concerning       supplementary
                                                                             V        from       protection certificate from 1.7.2002
                                                                             1.7.2002
Adopt an amendment of Act No. 18/1996 Coll. on Prices                        1. 1. 2003    To adjust pricing of medicinal products to
                                                                                           achieve compliance with Directive
                                                                                           89/105/EEC with respect to the 90-day
                                                                                           interval for the issuance of price orders.
                                                                                           Under the competence of the Ministry of
                                                                                           Finance.
Issue a decree on clinical testing and good clinical practice                1. 1. 2002    Transposition of Commission Directive
                                                                                           91/507/EEC amending Annex to Council
                                                                                           Directive 75/318/EEC amending Annex to
                                                                                           Council Directive 75/318/EEC and
                                                                                           Directive approved on 14.12.2000 and not
                                                                                           officially published in OJ till 23.3.2001!!
                                                                                           Therefore to postpone the date of adoption
                                                                                           of the decree.
Issue a decree on good pharmacy practice                                     1.6. 2001     Non-harmonised area.
Issue a decree relating to requirements for preparation, approval and use of 1. 1. 2002    Directive 90/167/EEC
medicated animal feeding stuffs issued to Act No. 140/1998 Coll.


                                                                         75
National programme for the Adoption of the Acquis                                                                  Free Movement of Goods


Task                                                                                 Deadline      Note
Issue a decree relating to good clinical practice and clinical testing of veterinary 1. 1. 2002    Directive 81/852/EEC
medicaments issued to Act No. 140/1998 Coll.
Adopt an amendment of Act No. 264/1999 Coll. on Technical Requirements for 1.10.2001               Harmonisation with EU legislation –
Products and on Conformity Assessment                                                              creation of a base necessary to apply the
                                                                                                   free market principles
Issue an amendment of Government Ordinance No. 391/1999 Coll., which Lays             1. 1. 2002   Directive 98/37/EC
down Technical Requirements for Machinery
Issue an amendment of Government Ordinance No. 392/1999 Coll. on Electrical           1. 1. 2002   Directive 73/23/EEC
Equipment Used within Certain Voltage Limits
Issue an amendment of Government Ordinance 393/1999 Coll. on Appliances               1. 1. 2002   Directive 90/368/EEC
Burning Gaseous Fuels
Issue an amendment of Government Ordinance No. 394/1999 Coll. on                      1. 1. 2002   Directive 89/336/EEC
Electromagnetic Compatibility
Issue an amendment of Government Ordinance No. 399/1999 Coll. on Non-                 1. 1. 2002   Directive 90/384/EEC
Automatic Weighing Instruments
Issue an amendment of Government Ordinance No. 29/2001 Coll. on Personal              2001-2002    Directive 89/686/EEC
Protective Equipment                                                                               deadline will be specified according to
                                                                                                   PECA negotiation results.
Issue an amendment of Occupational safety Office Decree No. 74/1996 to Ensure 1. 7. 2001
Health and Safety at Work, Safety of Pressure Vessels, Lifts, and Electrical and Gas-
Fired Technical Equipment and on Professional Qualification Requirements for their
Operators
Issue a Ministry of Construction and Regional Development decree                      1. 1. 2002   The decree shall be discussed according to
                                                                                                   the Slovak legislative rules in the relevant
                                                                                                   standing Committee of the Legislative
                                                                                                   Council of the Government in October
                                                                                                   2001
Issue a decree on the methods for testing textile fibres                              1.1. 2003    Council Directive 96/73/EC of 16
                                                                                                   December 1996 on certain methods for the
                                                                                                   quantitative analysis of binary textile fibre
                                                                                                   mixtures and Council Directive 73/44/EEC


                                                                       76
National programme for the Adoption of the Acquis                                                         Free Movement of Goods


Task                                                                         Deadline     Note
                                                                                          of 26 February 1973 on the approximation
                                                                                          of the laws of the Member States relating
                                                                                          to the quantitative analysis of ternary fibre
                                                                                          mixtures.
Issue Government ordinance on the procedures for exchanging information on 1. 10. 2001    Directive 98/34/EC as mended by
technical regulations and standards                                                       Directive 98/48/EC
Adopt an act on national heritage protection                                 2001
Adopt an amendment of Act No. 115/1998 Coll. on Museums and Galleries and on 2001
Protection of Objects of Museum or Art Gallery Value
Adopt an Act On Weapons aAnd Ammunition                                      1. 1. 2003
Amendment of Act No. 140/1998 Coll. on Medicines and Medical Devices         1.7.2001     10-year data exclusivity for high-
                                                                                          technology medicinal products.
                                                                                          Council Regulation (EEC) No. 2309/93,
                                                                                          Annex, Section A and B




                                                               77
National programme for the Adoption of the Acquis                                                              Free Movement of Goods




Task                                                                              Deadline    Note
Non-legislative tasks
Draft Food Safety Strategy (Ministry of Agriculture)                                17. 4. 2001 To ensure compliance with White Paper on
                                                                                    submitted Food Safety
                                                                                    to EC       11.4.2001 discussed at Ministry of
                                                                                                Agriculture
Introduce an integrated market surveillance system in the non-food area (the 1. 1. 2002 Discussed in the Legislative Council
Ministry of Economy)
Develop a Centre for Chemical Substances and Preparations                           2001        Linked with the act on chemical substances
                                                                                                and preparations; proposed staffing – 12
                                                                                                persons
Transformation of the current TBT WTO information centre, institutional framework 2001        –
for the implementation of Directive 98/34/EC as amended by 98/48/EC                 2002
Strengthen the Slovak Office of Standards, Metrology and Testing SR with 3 staff 2001
members
Strengthen the Slovak Office of Standards, Metrology and Testing with 4 staff 2002
members
Increase the staffing of the Office for Public Procurement to reach the planned 110 2001
staffing level
Implementation of the Public Procurement Act:                                       Short term
 methodological guidance to the parties of public procurement procedure, drafting priority –
    of methodological manuals, to prepare the institute of the so-called joint continually
    procurement, tackle the so called under the threshold procurement,
 carry out training for public procurement entities,
 continuation of developing the Office for Public Procurement information system
    as stipulated in the Public Procurement Act.
Continuing the implementation of the Public Procurement Act:                        Medium
 improvement of the public procurement surveillance, handling of claims against term
    procedures by the procuring entity                                              priority –
 given the envisaged changes in the EU public procurement legislation (new continually
    public procurement directives) to continue following the process and adjust the


                                                                    78
National programme for the Adoption of the Acquis                                                                Free Movement of Goods


Task                                                                               Deadline    Note
   Slovak public procurement legislation
Establishment of an integrated food supervision authority– Slovak State Veterinary 2002        The reform of food supervision in order to
and Foodstuffs Administration – for food safety and control                                    ensure surveillance of the whole food chain in
                                                                                               compliance with EU policy - White Paper on
                                                                                               Food Safety
Institutional Development of the Fire Research Institute of the Ministry of Interior to 2003   Based on Government Resolution No.
assess fire risk of materials and technical devices used in fire protection                    47/2001 of 17 January 2001 letter C.5. to
                                                                                               create administrative conditions for testing
                                                                                               and assessing fire risks of materials,
                                                                                               equipment, outfit, extinguishing media used in
                                                                                               rescue works and fire control




                                                                       79
National programme for the Adoption of the Acquis                                                                                        Free Movement of Goods


Administrative Requirements

INSTITUTION               COMPETENCE                                               20012                  20023                  2003                   2004
                                                                           Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                           employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                       (thous. of             (thous. of             (thous. of             (thous. of
                                                                                       SKK)                   SKK)                   SKK)                   SKK)
Motor vehicles
 State Transport The Office grants type approval certificates             15          4,950      1           1,126      1           2,873      0            -1693
   Office              of the vehicle and components, equipment
                       and appointments including conformity
                       verification mark (homologisation mark)
 Technological        It carries out tests, in co-operation with other    11          2,762      0           0          -2          -242       -1           -120
   and        Testing accredited testing laboratories, in the field of
   Institute       for agriculture and forest machinery including
   Agriculture         agricultural and forest tractors it is accredited
                       by the Slovak National Accreditation Service
                       under STN EN 45 001)
Foodstuffs
 Ministry          of The Ministry is responsible for the                 6           1,523      2           720        2           225        2            205
   Agriculture         approximation of the acquis in the Slovak
                       Republic
 Ministry          of The Ministry is responsible for the                 0           0          11          8,008      1           711        0            0
   Health              approximation of the acquis in the Slovak
                       Republic
 State Veterinary Implementing bodies, which are, at the same             357         89,051     10          764        0           710        5            475
   Administration      time, also bodies performing foodstuff
                       surveillance
 state regional and Implementing bodies, which are, at the same           87          40,712     0           0          0           0          0            0
   district hygiene time, also bodies performing foodstuff
   officers and State surveillance                                         149         69,725     0           0          0           0          0            0
   Health        Care
   Institutes
 Laboratories of - they perform sample analyses in the                    100         25000      0           200        0           200        0            250
   the         Slovak       framework of official foodstuffs

2
    2001 data represent absolute values of planned staffing and expenditures levels.
3
    2002 – 2004 data represent an increment or drop on a year to year basis.


                                                                                       80
National programme for the Adoption of the Acquis                                                                             Free Movement of Goods


INSTITUTION           COMPETENCE                                         20012                  20023                  2003                   2004
                                                                 Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                 employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                             (thous. of             (thous. of             (thous. of             (thous. of
                                                                             SKK)                   SKK)                   SKK)                   SKK)
    Agricultural and       inspection
    Foodstuffs        -    they are included in the sectoral quality
    Inspection, State      assurance and result reliability system –
    Veterinary             AQA (Analytical Quality Assurance)
    Administration         and they regularly participate in
                           international qualifications tests –
                           FAPAS (Food Analyses Performance
                           Assessment Scheme) organised by
                           MAFF (Ministry of Agriculture,
                           Fisheries and Food in the UK) and WHO
                           tests – the World Health Organisation
                           GEMS/Food – EURO AQA Technical
                           Sub-committee (GEMS – Global
                           Environmental Monitoring System) in
                           Geneva.
                      -    they directly participate in the “from
                           stable to table“ contaminants monitoring
                           and contaminants monitoring in the
                           consumer basket carried out by the
                           Ministry of Agriculture of the Slovak
                           Republic since 1991.
   Laboratories in -      they are accredited by the Slovak
    State Health Care      National Accreditation Service under
    Institutes             STN EN 45 000 series
                      -    they perform sample analyses in the 72            52,228     0           0          48          34,898     24           17,449
                           framework of official foodstuffs
                           inspection
                      -    they directly participate in the “from
                           stable to table“ contaminants monitoring
                           and contaminants monitoring in the
                           consumer basket carried out by the
                           Ministry of Agriculture of the Slovak
                           Republic since 1991.
Chemical substances


                                                                             81
National programme for the Adoption of the Acquis                                                                                Free Movement of Goods


INSTITUTION              COMPETENCE                                      20012                  20023                    2003                   2004
                                                                 Number of Expendit Number of Expendit           Number of Expendit Number of Expendit
                                                                 employees   ures    in employees ures      in   employees ures      in employees ures      in
                                                                             (thous. of             (thous. of               (thous. of             (thous. of
                                                                             SKK)                   SKK)                     SKK)                   SKK)
   Ministry     of - oversees the observance of the Chemical 3              1,350      0           0            0           0          0           0
    Economy             Substances and Preparations Act by
                        business                                 2           900        0           0            0           0          0           0
                    - oversees the application of the
                        Precursors Act
                    - assesses fertilisers with respect to their
                        explosiveness and combustibility
   Ministry     of - oversees the observance of the Chemical 0              0          2           1,819        1           910        0           0
    Health              Substances and Preparations Act by
                        business
                    - oversees the application of the 0                      0          2           1,819        2           1,819      0           0
                        Precursors Act
                    - assesses the impact of all types of 0                  0          0           0            0           0          0           0
                        fertilisers with respect to health
                        protection in accordance with Act No.
                        272/1994 Coll. on the Human Health
                        Protection as amended by later
                        regulations
   Ministry of the Oversees the observance of the Chemical 2                685        2           365          0           0          0           0
    Environment     Substances and Preparations Act by business

   Slovak     Trade Oversees the observance of the Chemical 0                 0        8           4,240        0           860        0           110
    Inspection       Substances and Preparations Act by business                                                                                    *

   Customs              Oversees the observance of the Chemical 0             0        14          1,300        14          701        14          1,001
    administration       Substances and Preparations Act by business
    bodies
   Centre         for   It is a specialised state administration body in 12   9,215    0           0            0           0          0           0
    Chemical             the field of notification of new chemicals,
    Substances and       classification, registration, reporting of data
    Preparations         for chemical substances risk assessment,
                         introducing chemical substances and
                         preparations into circulation (it will be



                                                                               82
National programme for the Adoption of the Acquis                                                                                  Free Movement of Goods


INSTITUTION             COMPETENCE                                          20012                  20023                  2003                   2004
                                                                    Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                    employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                (thous. of             (thous. of             (thous. of             (thous. of
                                                                                SKK)                   SKK)                   SKK)                   SKK)
                        established by the Ministry of Health)
  Customs              Oversees the observance of the Act on 1                 51         3           150
   Directorate          Precursors
 Police       Force    Oversees the observance of the Act on 0                 0          2           958        2           958         4           1,920
   Headquarters         Precursors
 The         Central   - performs all specialised actions resulting 1          286        2           1,182      0           36          0           38
   Institute      for       from the Act on fertilisers
   Inspection    and
   Testing         in
   Agriculture
Pharmaceuticals
 State Institute for      covers the registration of medicines, 14            10,598     12          9,101      3           2279        3           2,279
   Drug Control             inspection of good manufacturing
                            practice, good laboratory practice, good
                            wholesale distribution practice, good
                            clinical     practice, good    pharmacy
                            practice, control       of     medicines,
                            supplementary              pharmaceutical
                            substances and medicines, quality
                            control, and surveillance of medicines,
                            including advertising                     1         831        1           831        1           831         1           831
                        -   is responsible for the legislation on
                            pharmaceutical for human use, its
                            implementation and application
Cosmetic products
 Slovak            -     performs cosmetic products market 50                  12.500     10          2.620      0           120         5           1.335
   Agricultural and       surveillance
   Foodstuffs       -     laboratories carry out cosmetic products 36           9.000      0           72         0           72          0           108
   Inspection             analyses (they are accredited by the
                          Slovak National Accreditation Service
                          under STN EN 45 000, STN ISO 17025
                          series)
   state regional and They performs cosmetic products market 87                40.712     0           0          0           0           0           0



                                                                                83
National programme for the Adoption of the Acquis                                                                                        Free Movement of Goods


INSTITUTION             COMPETENCE                                                 20012                  20023                  2003                   2004
                                                                           Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                           employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                       (thous. of             (thous. of             (thous. of             (thous. of
                                                                                       SKK)                   SKK)                   SKK)                   SKK)
    district hygiene surveillance
    officers and State                                                     149         69.725     2           1.454      0           0          0            0
    Health       Care
    Institutes
Legal metrology and pre-packaged goods
 Slovak Office of Central body of state administration                    1           606        0           0          0           0          0            0
    Standards,         responsible for legislation in the field of legal
    Metrology     and metrology
    Testing
 Slovak Institute  a state metrology research and scientific             26          18.995     3           10.250     3           11.430     2            9.620
    of Metrology           institution, which has the function of
                           a national metrology institute
                        under Act No. 142/2000 Coll., it is the
                           state administration body for the field of
                           metrology and carries out pre-market
                           inspection of measuring instruments -
                           type approval and verification of legal
                           measuring instruments
                        it is the authorised body with regard to
                           Government Ordinance No. 399/1999
                           Coll. on non-automatic weighing
                           instruments
                       - it is a full member of EUROMET and
                           participates in key comparisons at BIPM
                           and EUROMET
 Slovak        Legal - is the central executive unit within legal         2           787        2           5,602      4           1,269      0            0
    Metrology              metrology
                       - the calibration of reference standards in
                           industry and verification of legal
                           measuring instruments, which form
                           a part of pre-market inspection of
                           measuring instruments
                       - it is the authorised body with regard to



                                                                                       84
National programme for the Adoption of the Acquis                                                                                    Free Movement of Goods


INSTITUTION           COMPETENCE                                               20012                  20023                  2003                   2004
                                                                       Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                       employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                   (thous. of             (thous. of             (thous. of             (thous. of
                                                                                   SKK)                   SKK)                   SKK)                   SKK)
                           Government Ordinance No. 399/1999
                           Coll. on non-automatic weighing
                           instrument
   Slovak                the state inspection authority for the field 1          799        1           1,275      1           1,500      0            0
    Metrological           of metrology
    Inspectorate          metrological      supervision     of     the
                           observance of the provisions of the Act
                           on Metrology (including metrological
                           supervision of pre-packages)
                          market surveillance in the field of non-
                           automatic weighing instruments in
                           accordance with Act No. 264/1999 Coll.
                           on Technical Requirements for Products
                           and Conformity Assessment.
                       -
   Measuring          a state organisation focusing on the 37                     0          3           0          6           0          8            0
    Technology      – development and production of standards,
    Technocentrum      unique measuring instruments, etc.
 Slovak Office of is responsible for authorisation in further 1                   590        0           0          0           0          0            0
    Standards,         specified areas
    Metrology     and
    Testing
Electrical equipment and electrical risks
 VÚZ (Welding Authorised body to perform certain activities 1                     799        1           1,275      1           1,500      0            0
    Research           in the area of conformity assessment as third
    Institute)         parties within the scope of authorisation
    Bratislava         under Act No. 264/1999 Coll. on Technical
                       Requirements for Products and on
                       Conformity Assessment in the field of:
                       - electrical equipment used within certain
                            voltage limits
                       - electromagnetic        compatibility     of
                            equipment



                                                                                   85
National programme for the Adoption of the Acquis                                                                                   Free Movement of Goods


INSTITUTION             COMPETENCE                                           20012                  20023                  2003                   2004
                                                                     Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                     employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                 (thous. of             (thous. of             (thous. of             (thous. of
                                                                                 SKK)                   SKK)                   SKK)                   SKK)
   TSÚP                Authorised body to perform certain activities
    (Technological      in the area of conformity assessment as third
    and       Testing   parties within the scope of authorisation
    Institute     for   under Act No. 264/1999 Coll. on Technical
    Agriculture)        Requirements for Products and on
    Rovinka             Conformity Assessment in the field of:
                        - electrical equipment used within certain
                             voltage limits                           7          1,758      0           0          -1          -158        -1          -158
                        - electromagnetic        compatibility     of
                             equipment                                3          755        0           0          0           0           0           0

   TSÚ (Technical Authorised body to perform certain activities
    Testing Institute) in the area of conformity assessment as third
    Piešťany           parties within the scope of authorisation
                       under Act No. 264/1999 Coll. on Technical
                       Requirements for Products and on
                       Conformity Assessment in the field of:
                       - electrical equipment used within certain
                            voltage limits                           11          3,200      0           0          0           0           0           0
                       - electromagnetic        compatibility     of
                            equipment
   SÚDST (Testing Authorised body to perform certain activities 1               20         1           20         1           20          1           20
    Institute      for in the area of conformity assessment as third
    Transport     and parties within the scope of authorisation
    Earth-Moving       under Act No. 264/1999 Coll. on Technical
    Machines) Žilina Requirements for Products and on
                       Conformity Assessment in the field of:
                       - electrical equipment used within certain
                            voltage limits
                       - electromagnetic        compatibility     of
                            equipment
   Slovak     Trade Performs market surveillance within the 0                   0          1           400        0           0           1           1,000
    Inspection         meaning of Act No. 264/1999 Coll. in the
                       field of:


                                                                                 86
National programme for the Adoption of the Acquis                                                                                       Free Movement of Goods


INSTITUTION             COMPETENCE                                                20012                  20023                  2003                   2004
                                                                          Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                          employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                      (thous. of             (thous. of             (thous. of             (thous. of
                                                                                      SKK)                   SKK)                   SKK)                   SKK)
                        -   electrical equipment used within certain
                            voltage limits
                       - electromagnetic           compatibility     of
                            equipment
                       It will perform market surveillance within the
                       meaning of Act No. 264/1999 Coll. in the
                       field of electrical equipment used in
                       potentially explosive atmospheres (ATEX)
 National Labour  Performs market surveillance within the               3           850        1           633        1           441        0            0
    Inspectorate            meaning of Act No. 264/1999 Coll. in
                            the field of: electrical equipment used
                            within certain voltage limits
                       - It will perform market surveillance              3           850        1           633        1           441        1            558
                            within the meaning of Act No. 264/1999
                            Coll. in the field of electrical equipment
                            used      in      potentially     explosive
                            atmospheres (ATEX)
Products falling under the protection of consumer interests
 TSÚ (Technical Authorised body for the area of:
    Testing Institute) - toy safety
    Piešťany           It is assumed that it will be the authorised
                       body for the area of:
                       - energy efficiency requirements for               6           1,800      0           0          0           0          0            0
                       household electric refrigerators, freezers
                       and combinations thereof
                       - efficiency requirements for hot-water
                       boilers
Other product groups
 TSÚP                 Authorised body for the area of:                   25          6,278      0           0          -2          -294       -2           -294
    (Technological     - machinery and mechanical devices
    and        Testing - appliances burning gaseous fuels
    Institute      for
    Agriculture)



                                                                                      87
National programme for the Adoption of the Acquis                                                                                     Free Movement of Goods


INSTITUTION            COMPETENCE                                                20012                  20023                  2003                   2004
                                                                         Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                         employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                     (thous. of             (thous. of             (thous. of             (thous. of
                                                                                     SKK)                   SKK)                   SKK)                   SKK)
    Rovinka
   TSÚ (Technical Authorised body for the area of:                      20          6,000      0           0          2           600        0            0
    Testing Institute) - machinery and mechanical devices
    Piešťany            - appliances burning gaseous fuels
                        - construction products
                        It is assumed that it will be the authorised
                        body for the area of pressure vessels and
                        pressure equipment
   SÚDST (Testing Authorised body for the area of:                      5           250        5           300        5           350        5            400
    Institute       for - machinery and mechanical devices
    Transport      and - appliances burning gaseous fuels
    Earth-Moving
    Machines) Žilina
   National Labour Market surveillance for the area of:
    Inspectorate        - machinery and mechanical devices               10          2,550      4           1,900      2           1,323      1            558
    including         8 - lifting and mechanical and handling            10          2,550      4           1,900      3           1,323      1            558
    regional Labour          equipment
    Inspectorates       - personal protective equipment
                        - appliances burning gaseous fuels               10          2,550      4           1,900      2           1,323      1            558
                        - pressure         vessels    and     pressure
                             equipment                                   10          2,550      4           1,900      3           1,323      0            0
                        - construction products                          10          2,550      4           1,900      2           1,323      0            0
                        They are competent to enter the premises of
                        organisations and carry our surveillance         11          2,566      3           1,899      2           1,324      1            559
                        including, if necessary, putting of machinery
                        and devices out of operation and under
                        Section 31 of Act No. 264/1999 Coll. on
                        Technical Requirements for Products and on
                        Conformity Assessment they have the
                        competencies of market surveillance bodies
                        for the area of products for professional use
   State Institute for Authorised body for the area of o medical        13          11,023     11          8,336      2           1,514      2            1,514
    Drug Control        devices, active implantable medical devices
                        and in vitro diagnostic medical devices


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National programme for the Adoption of the Acquis                                                                                   Free Movement of Goods


INSTITUTION             COMPETENCE                                           20012                  20023                  2003                   2004
                                                                     Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                     employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                 (thous. of             (thous. of             (thous. of             (thous. of
                                                                                 SKK)                   SKK)                   SKK)                   SKK)
   Slovak     Energy Market surveillance for the area of
    Inspection        appliances burning gaseous fuels
   Ministry       of - is the ministry with substantive             8           4,190      2           1,715      2           2,109       2           2,580
    Construction and      competence for construction products
    Regional          - has authorised 15 legal entities to act as
    Development           authorised bodies for conformity
                          assessment of construction products
                      - has granted authorisation to a single
                          approval point as OM 04/1998 for the
                          issuance of technical attests for
                          construction products
                      - oversees proceedings in respect of
                          conformity assessment of construction
                          products by authorised bodies
TSÚS                  - approval point                               5           2,644      2           1,507      1           1,175       1           1,435
                      - authorised body for the area of
                          construction products
 Fires Batizovce     Authorised body for the area of construction   1           569        1           652        0           158         0           179
                      products
 Lignotesting a.s. Authorised body for the area of construction     1           569        0           69         0           78          0           90
   Bratislava         products
 VÚD Žilina          Authorised body for the area of construction   2           1,078      0           137        0           158                     179
                      products
 VÚSAPL Nitra        Authorised body for the area of construction   2           1,078      1           721        0           235         0           270
                      products
 VÚTCH-              Authorised body for the area of construction   1           569        0           69         0           78          0           90
   CHEMITEX           products
   Žilina
 Applied Precision Authorised body for the area of construction     1           569        0           69         0           78          0           90
   Bratislava         products
 CLL Lietavská Authorised body for the area of construction
   Lúčka              products
 VSŽ       Labortest Authorised body for the area of construction   1           569        0           69         0           78          0           90



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National programme for the Adoption of the Acquis                                                                              Free Movement of Goods


INSTITUTION           COMPETENCE                                        20012                  20023                  2003                   2004
                                                                Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                            (thous. of             (thous. of             (thous. of             (thous. of
                                                                            SKK)                   SKK)                   SKK)                   SKK)
    s.r.o.              products
   Centre         for Authorised body for the area of construction 1       569        0           69         0           78          0           90
    Specialised         products
    Activities
    Doprastav      a.s.
    Bratislava
Horizontal and procedural measures (including Global and New Approach)
 Ministry          of It is responsible for the existence of a
    Economy             National Accreditation System
 Slovak National It is the only entity accrediting in compliance 5         1,700      3           2,000      3           2,000       0           2,000
    Accreditation       with European practice
    Service
 Slovak Institute It has been recognised the national 113                  88,530     0           0          0           0           0
    for                 standardisation organisation and national
    Standardisation     standardisation body representing the Slovak
                        Republic in international and European
                        standardisation organisations recognised by
                        State
 Slovak Office of Mutual recognition principle, state policy in 15,5       7,201      7           2,789      1           695         0           100
    Standards,          standardisation, metrology and testing,
    Metrology     and conformity         assessment,     notification
    Testing             procedure, derogation measures
Public procurement
 Office for Public It is a central body of public administration 110       43,547     0           4,338      0           3,430       0           3,233
    Procurement         competent for public and licence-based
                        procurement
Return of cultural objects
 Ministry          of
    Culture
Control of weapons
 Ministry          of
    Interior
 Licensing             - established by Resolution No. 206/1999


                                                                            90
National programme for the Adoption of the Acquis                                                                                   Free Movement of Goods


INSTITUTION           COMPETENCE                                               20012                  20023                  2003                   2004
                                                                       Number of Expendit Number of Expendit Number of Expendit Number of Expendit
                                                                       employees   ures    in employees ures      in employees ures      in employees ures      in
                                                                                   (thous. of             (thous. of             (thous. of             (thous. of
                                                                                   SKK)                   SKK)                   SKK)                   SKK)
    Commission             (representatives of MoFA, MoD, MoI,
                           MoE)
                      -    granting official licences for export and
                           import of goods
Exchange of information
 Ministry        of carries out substantial tasks in the field of
   Education          state information system
 Government          carries out substantial tasks in the field of
   Council        on state information system
   Information
   Technologies
 Office of the Govnet governmental network operator
   Government
                      TOTAL:                                        1,648.8        665,862    153         91,056     118         85,178     81           49,712
* expenditures are included in Chapter 2




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Financial Requirements

In addition to the financial requirement specified in the part on Administrative Requirements
following financial requirements will have to be covered:

Motor vehicles

Year Concrete measures            State          PHARE (SKK)          Other Note
                                  budget         The    amount   in   resour
                                  (SKK)          EURO is converted    ces
                                                 to SKK with an       (SKK)
                                                 exchange      rate
                                                 EURO 1 = SKK
                                                 43.787
2003 The establishment of 3.5 mill.
     an independent State
     Transport Office



Construction products

Year     Concrete measures State budget PHARE (SKK)                   Other Note
                               (SKK)     The amount in                resour
                                         EURO           is            ces
                                         converted to SKK             (SKK)
                                         with an exchange
                                         rate EURO 1 =
                                         SKK 43.787
2003     Capital               5.6 mill.                                    Resolution of the
         expenditures       to                                              Government      No.
         complete          the                                              47/2001    of    17
         building         and                                               January 2001, letter
         material         and                                               C – include this
         technical                                                          requirements in the
         infrastructure of the                                              draft 2003 state
         Fire        Research                                               budget
         Institute of the
         Ministry of the
         Interior in order to
         be able to perform
         fire             risk
         assessments        of
         material         and
         equipment used in
         fire protection




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National Programme for the Adoption of the Acquis 2001                                 Company Law


Foodstuffs

Phare 2001 project “Support of Market Surveillance System in Consumer and Health Protection” has
been prepared to approximate and implement the acquis for the strengthening of market surveillance
in the field of food safety that is a part of the Chapter on Free Movement of Goods and the Chapter
on Consumer and Health Protection. Its implementation has been approved by the Slovak National
Coordinator for Foreign Assistance. The project has been preliminary recommended for
implementation by the EC. Currently it is being reviewed by the EC.

Year Concrete measures State budget PHARE          Other                Note
                         (SKK)      (SKK)          resources
                                    The amount in (SKK)
                                    EURO        is
                                    converted to
                                    SKK with an
                                    exchange rate
                                    EURO 1 =
                                    SKK 43.787
2002 Approximation and 10.421 mill. 54.95 mill.
     implementation of
     the acquis for food
     safety

Standardisation

The SÚTN will introduce a Quality Management System with the assistance of the Spanish AENOR
institute for standardisation, which is the twinning partner, in the framework of the approved PHARE
2000 Programme amounting to euro 790,000 and SÚTN will receive funds (from the PHARE fund in
the amount of euro 200,000) to purchase printing equipment and develop the e-commerce system for
selling standards in digital form via Internet.

Financial requirements to complete the development of an independent national standardisation body
(SÚTN) provided that the SÚTN when transposing European standards (EN) into the STN system
will use all forms of standard transposition in compliance with the rules as issued by European
standardisation organisations (see also the objective to achieve full compliance with the European
standardisation as expressed in Article 75 of the Europe Agreement):




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National Programme for the Adoption of the Acquis 2001                                                  Company Law


Year Concrete measures                        State            PHARE             Other           Note
                                              budget           (SKK)             resources
                                              (SKK)            The amount in     (SKK)
                                                               EURO       is
                                                               converted to
                                                               SKK with an
                                                               exchange rate
                                                               EURO 1 =
                                                               SKK 43.787
2002      Finishing      PHARE       99 49 mill.              31.2 mill.        30.5 mill.
           implementation           and
           opening PHARE 2000
           implementation,
          Implementation of the
           Quality         Management
           System,
          Preparation of structures for
           product            (services)
           certification–       granting
           standard          conformity
           marking
2003      Finishing PHARE 2000 50 mil.                        16,35 mil.        31 mil.
           implementation
          Final audit of the Quality
           Management System


CHAPTER 2: FREE MOVEMENT OF PERSONS


The free movement of persons is one of the four fundamental freedoms provided for in the Treaty on the European
Union. The acquis communautaire in this field includes 4 wide areas: mutual recognition of professional qualifications,
rights of citizens, free movement of workers and coordination of social security systems.
In the second stage of the transitional period, the Association Council shall examine (Article 43 of
Europe Agreement) new possibilities for improving the movement of workers, taking account also of
the social situation in the area of employment within the Community. The Slovak Republic will, as a
party to the EA, initiate the adoption of joint measures for implementing Articles 42 and 43 of the
Europe Agreement. We expect the EC to take a similar initiative, just as it did in connection with the
1999 draft decision of the Association Council on the coordination of social security schemes.

The Government of the Slovak Republic passed Resolution No. 1001/2000 on 6 December 2000
whereby it approved the Slovak Republic's negotiating position on Chapter 2, submitted to the EC
(CONF-SK 70 00) on 7 December 2000 before the Nice summit.

At the end of February 2001, following the technical meeting with the EC on 6 February 2001, the
Slovak Republic submitted Additional Information 1, registered in the EC as CONF-SK 4/01.


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National Programme for the Adoption of the Acquis 2001                                                       Company Law


Negotiating Chapter No. 2 is expected to be included on the agenda of the Conference in the first half
of 2001.



MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

The Ministry of Education has been drafting a new law on Universities (anticipated entry into effect
is 1 January 2002) that will distinguish between academic and professional recognition of
qualifications; the new law will achieve full harmonisation with the Gravier rule as from the date of
accession of the Slovak Republic to the EU.
In connection with the transposition of the so-called general systems for the recognition, the greatest
attention is currently devoted to the drafting of a law on the recognition of professional qualifications
of EU nationals for the purposes of pursuing regulated professions and regulated professional
activities in the Slovak Republic. Transposed into this law will be the principles and procedures
applied in the recognition of professional qualifications, laid down in Directives 89/48 and 92/51.
The newly drafted law shall also bring about considerable shifts in competencies. The draft law,
prepared by the Ministry of Education in close cooperation with the Ministry of Labour, Social
Affairs and Family, is ready to be submitted for the inter-ministerial comments procedure. The law is
to be passed by the end of 2001 and its entry into effect is expected as of the date of accession of the
Slovak Republic to the EU.
The amendment to the Small Licence Trade Act, that will take effect as of 1 July 2001, will
transpose European Parliament and Council Directive 1999/42/EC.
Due to substantial changes relating to the recognition of foreign qualifications, the Slovak Republic
continued in 2000 to compile the list of regulated professions and regulated professional activities,
and to draw up an inventory of the Slovak Republic's bodies authorised to take decisions.
On 31 January 2001, the Ministry of Justice submitted draft amendment of Act No. 132/1990 Coll. on Advocacy for
legislative processing. To be able to perform legal profession in the Slovak Republic, EU nationals must obtain the
recognition of their professional qualifications. The amendment to the Advocacy Act lays emphasis on the "reciprocity
principle", i.e. the generally recognised principle under international law. Incorporation of the reciprocity principle into
the proposed amendment of the Advocacy Act reaffirms "national treatment" for legal practitioners from EU Member
States by the Slovak Republic, in conformity with Article 45 paragraph 1 of the Europe Agreement. The amended law is
expected to enter into effect as of 1 September 2001.
The passage of Act No. 236/2000 Coll. on chartered architects and chartered civil engineers, effective
from 1 August 2000, abolished the nationality requirement and introduced more detailed provisions
concerning the performance of the aforesaid professions in the Slovak Republic by foreign nationals.
This legislation provides that all architects or engineers who are included in the list of chartered
architects and chartered civil engineers drawn up in accordance with the law of the country of their
permanent residence may be entered on the lists of chartered architects and chartered civil engineers
in Slovakia, subject to the fulfilment of reciprocity principle concerning the right to be included in
such lists, or where this right arises from an international agreement or agreements concluded by
professional associations. Full compatibility with EU law in this area will be attained in 2002 through
the amendment of Act No. 138/1992 Coll., effective as of the date of accession of the Slovak
Republic to the EU.
The Ministry of Health is preparing a law on nursing and midwife professions, expected to enter into effect as of 1
January 2002.
The entry into effect of the Decree on professional qualifications of health care workers and of the Decree on further
training of health care workers has been postponed to 1 January 2002, because these decrees are based on Act No.



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National Programme for the Adoption of the Acquis 2001                                    Company Law

277/1994 Coll. on Health Care which is in process of being amended.
The Ministry of Health has developed training programs for the professions of registered nurses
responsible for general care and of registered midwives, compatible with EU directives.
General medicine and dental care (stomatology) are studied in Slovakia as separate programmes at
the faculties of medicine. Medical faculty graduates, who complete their studies in either of these two
fields, are granted academic degree of MUDr. and the diplomas specifying the given field (i.e. a
doctor of general medicine or a doctor of stomatology). Draft amendment to Act No. 277/1994 Coll.
on Health Care as amended includes also the category of dental practitioners.


Short-term priorities

General systems for the recognition of professional qualifications
   adopting a law on the recognition of professional qualifications of the nationals of Member States
    of the European Union for the purpose of pursuing regulated professions or regulated professional
    activities in the Slovak Republic
    Date: as of the date of accession
 amending Act No. 455/1991 Coll. on Small Licence Trade
    Date: 1 July 2001
 revising sectoral regulations on access to professions and professional activities which fall under
  the "general system"
    Date: 2001-2002
   adopting a new law on Universities
    Date: 1 January 2002
   adopting a law on education and training
    Date: 1 September 2002


Sectoral directives
   amending Act No. 132/1990 Coll. on Advocacy
    Date: 1 September 2001
 adopting a law on nursing and midwife professions
        DATE: 1 JANUARY 2002
 adopting a decree on further education of health care workers
        DATE: 1 JANUARY 2002
 adopting a decree on professional qualifications of health care workers
    Date: 1 January 2002
   amending Act No. 277/1994 Coll. on health care as amended
    Date: 1 January 2002

 adopting a law on medical profession.


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National Programme for the Adoption of the Acquis 2001                                                      Company Law


    Date: 1 January 2002


Medium-term priorities


Sectoral directives
 amending Act No. 10/1992 Coll. on private veterinary doctors and on the Chamber of Veterinary
   Doctors – in 2002
    Date: as of the date of accession
 amending Act No. 138/1992 Coll. on chartered architects and chartered civil engineers as
  amended by Act No. 236/2000 Coll. – in 2002
    Date: as of the date of accession


Administrative requirements

Ministry of Education
   strengthening the existing and/or creating new professional units (+ 6 persons in 2002 – 2004),
    responsible for access to regulated professions in connection with the growing agenda and
    expanding tasks. Addition of new staff will be accompanied by the creation of adequate material
    and technical conditions for effective work of these units.


Institute of Information and Prognosis of Education
   completing the building (+ 4 persons in 2002 – 2004) of the Centre for Equivalency of Education
    Documents to be able to perform the function of the contact point and coordinator and/or other
    functions under Directives No. 89/48 and 92/51.


Ministry of Labour, Social Affairs and Family
    strengthening professionals units (+ 2 persons in 2002), responsible for access to regulated professions in connection
     with the growing agenda and expanding tasks. Personnel reinforcement will be accompanied by the creation of
     adequate material and technical conditions for effective work of these units + joining CEDEFOP- Thessalonica.


Other ministries and central state administration authorities
Strengthening and/or creating new professional units (+ 6 persons in 2002 – 2004), responsible for
access to regulated professions in connection with the growing agenda and expanding tasks.
Personnel reinforcement will be accompanied by the creation of adequate material and technical
conditions for effective work of these units.


Ministry of Health
   setting up a unit for medical professions (+ 11 persons in 2002 – 2004) to be in charge of
    activities relating to the regulation at the level of state administration and/or professional
    organisations


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National Programme for the Adoption of the Acquis 2001                                      Company Law


   setting up a unit for accreditation (+ 3 persons in 2002), including accreditation of education
   completing the building of the training unit at the Ministry of Health (+ 7 persons in 2002 –
    2003).


Ministry of Agriculture
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Ministry of the Environment
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Because of the increasing mobility of workers it will be necessary to complete the development of
and to create adequate conditions for the functioning of the system of chambers and other
professional associations by the end of 2003, so as to enable them to competently fulfil their task of
securing access to regulated professions and regulated professional activities in harmony with the
legislation of the Slovak Republic:
-   the Slovak Chamber of Architects (the capacity to fulfil the tasks relating to the liberal profession
    of architects),
-   the Slovak Chamber of Civil Engineers (the capacity to fulfil the tasks relating to the liberal
    profession of civil engineers),
-   the Slovak Bar Association (the capacity to fulfil the tasks relating to the liberal profession of
    legal practitioners),
-   the Slovak Medical Chamber (the capacity to fulfil the tasks relating to the liberal profession of
    medical doctors),
-   the Slovak Chamber of Dental Practitioners (the capacity to fulfil the tasks relating to the liberal
    profession of dental practitioners),
-   the Slovak Chamber of Nurses and Midwives (the capacity to fulfil the tasks relating to the liberal
    profession of nurses and midwives),
-   the Slovak Chamber of Pharmacists (the capacity to fulfil the tasks relating to the liberal
    profession of pharmacists).


Financial requirements




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National Programme for the Adoption of the Acquis 2001                                            Company Law


Ministry of Education (including the Centre               2001   State budget: SKK 0.3 million
for Equivalence of Diplomas)                                         PHARE: MEURO 0.025
                                                          2002   State budget: SKK 2.2 million
                                                                     PHARE: MEURO 0.025
                                                          2003   State budget: SKK 1.5 million
                                                          2004   State budget: SKK 1.5 million
    MINISTRY OF LABOUR, SOCIAL                            2002   State budget: SKK 0.9 million
    AFFAIRS AND FAMILY
                                                          2001   State budget: SKK 1.7 million
    MINISTRY OF HEALTH
                                                                 PHARE: MEURO 0.025
                                                          2002   State budget: SKK 12.4 million
                                                                 PHARE: MEURO 0.025
                                                          2003
                                                                 State budget: SKK 4.7 million
                                                          2004
                                                                 State budget: SKK 1.1 million
Ministry of Justice                                       2001   State budget: SKK 1.1 million
                                                          2001   State budget: SKK 0.2 million
Ministry of Agriculture
                                                          2002   State budget: SKK 0.3 million
                                                          2002   State budget: SKK 0.3 million
Ministry of the Environment
                                                                 Other resources:
Slovak Medical Chamber
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
                                                                 Other resources:
Slovak Chamber of Dental Practitioners
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
                                                                 Other resources:
Slovak Chamber of Nurses and Midwives
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
                                                                 Other resources:
Slovak Chamber of Pharmacists
                                                          2002   SKK 1.1 million
                                                          2004   SKK 1.2 million




RIGHT TO RESIDENCE, EUROPEAN CITIZENSHIP, FREE MOVEMENT OF WORKERS,
MIGRATION
Key legislation on aliens in the Slovak Republic, i.e. Act No. 73/1995 Coll. regulating the Stay of
Aliens within the Territory of the Slovak Republic is, even after its amendment by Act No. 69/2000
Coll., only partly compatible with the relevant acquis.

EU requirements concerning the right to residence laid down in the acquis, which the Slovak
Republic may accept and apply before it enters the EU, will be provided for in the new law on the
stay of aliens within the territory of the Slovak Republic that will enter into effect in 2002. This law
will contain provisions on the prevention of illegal immigration and employment, issuance of work
permits to third country nationals, reunification of families, and residence ending. Certain provisions
of this new law will be supplemented and amended later on in connection with the date of accession
of the Slovak Republic into the EU. Due to the nature of legal standards in this field, their full
implementation will be possible only in the context of full membership of Slovakia in the EU. The



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Slovak Republic will therefore introduce the necessary changes into the new law regulating the stay
of aliens with effect from the date of its entry into the European Union.
Short-term priorities concerning the competencies of border guard and alien police include improving the theoretical
knowledge and practical experience through exchanges with EU Member States and with applicant countries. These
exchanges take place under bilateral agreements and agreements on procedures and mutual cooperation. These
agreements provide for regular meetings of border police officials aimed at preventing and addressing issues connected
with state border protection.
Employment of aliens in the territory of the Slovak Republic is governed by the Constitution of the
Slovak Republic, Act No. 73/1995 Coll. on the Stay of Aliens within the Territory of the Slovak
Republic as amended, and by special regulations. Act No. 387/1996 Coll. on Employment as
amended is a comprehensive legal instrument regulating the field of employment. Other closely
connected legal provisions are those that refer to individual professions, including Act No. 455/1991
Coll. on Small Licence Trade, the Commercial Code and the Civil Code.

Employment of aliens and stateless persons in the Slovak Republic is governed by regulations
applicable to individual activities, and on the basis of work permits under bilateral reciprocal
employment agreements. As of today, the Slovak Republic has reciprocal agreements with the
Federal Republic of Germany, the Czech Republic, Hungary, Poland, the Russian Federation and
Ukraine, and agreements on the exchange on interns with the Swiss Confederation, the Grand Duchy
of Luxembourg and the Republic of Finland. Work permits are granted also to aliens who have
employment relationships with foreign employers and are posted to the Slovak Republic for longer
than one month under commercial or other contracts concluded with a domestic legal entity or natural
person.

Other rights of migrant workers, such as entitlement to equal social and tax advantages, equal access
to training in vocational schools and retraining centres, right to the reunification of families and to the
admittance of any family member, including those who are dependent on the migrant worker or live
in his/her household, will be fully guaranteed as of the date of accession of Slovakia to the EU. These
rights are taken into consideration in the preparation of a new law on the stay of aliens and of the new
school law.



Short-term priorities
   adopting a new law on the stay of aliens
          DATE: 1 JANUARY 2002
   initiating the work on draft recommendations of the Association Council pursuant to Article 43 of
    the Europe Agreement on Association, relating to the exploration of further possibilities for
    improvement in the area of the movement of workers, in the light of, inter alia, the social and
    economic situation in the Slovak Republic and employment situation in the European Union
          DATE: SEPTEMBER 2001
   initiating the drafting of bilateral agreements with EU Member States concerning access to
    employment for workers from the Slovak Republic




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        DATE: CONTINUOUS 2001 – 2002
   initiating the exploration by the Association Council of further possibilities for improving the
    movement of workers from the Slovak Republic in the EU in conformity with Article 42 of the
    Europe Agreement on Association, including access to vocational training, in line with the rules
    and procedures applied in the Member States and in the light of improving situation in the labour
    market of EU Member States
        DATE: SEPTEMBER 2001
   drawing up a project of statistical surveys on the migration of workers
    Date: 2001 - 2002
   preparing a project on the methodology for analysing the employment of aliens, including the
    preparation of estimates and visions for implementing Council Regulation (EEC) No. 1612/68
    Date: 2001 - 2002


    ADMINISTRATIVE REQUIREMENTS


At the central level, this area falls under the competence of the Ministry of Interior and the Ministry of Labour, Social
Affairs and Family.
Professional training programmes are organised to increase administrative capacities for implementing the acquis for
those members of alien police and the Ministry of Labour, Social Affairs and Family staff whose responsibilities include
the analysis of EU legislation including its practical application.
In the preparation for joining the EURES network it will be necessary to expand the National Labour Office (recruitment
of additional 15 staff members), strengthen its material and technical capabilities and organise training on the exchange of
information concerning vacancies and applicants for a job. The training of EU advisors is envisaged under the Phare -
Consensus III twinning programme.



Financial requirements

Professional training of the Border and Alien                    2001        State budget: SKK 4.2 million
                                                                 2002        State budget: SKK 0.7 million
Police staff (2002 – 2004 + 48 persons)
                                                                 2003        State budget: SKK 1.3 million
                                                                 2004        State budget: SKK 1.9 million
Ministry of Labour, Social Affairs and Family:
- Studies, expert assessments, analyses,                         2001        State budget: SKK 0.5 million
estimates and visions in the area of the
employment of aliens
                                                                 2002             STATE BUDGET: SKK
- Project – statistical surveys of migration for                                  0.6 MILLION
employment purposes
                                                                                  CONSENSUS III:
                                                                                  MEURO 0.05
Creation of a unit within the National Labour 2001-2002                      Consensus III: MEURO 0.35
Office for joining the EURES network (+15                                    SKK 1.5 million (budget of
persons) – on free movement of workers:                                      the National Labour Office)
   preparation of technical conditions


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   providing employment services to citizens
    seeking employment outside of the state of
    their permanent residence
   training the staff of employment services in
    the Slovak Republic
   training EU advisors in the framework of
    twinning


COORDINATION OF SOCIAL SECURITY SYSTEMS

Act No. 123/1996 Coll. on Supplementary Pension Insurance (Act No. 409/2000 Coll.) was amended with effect from 1
January 2001. To attain full compatibility with Directive 98/49/EC (Article 17 of the Directive), the provisions of the Act
will be amended so as to ensure equal rights of migrant workers by introducing a new definition of the cases of lump-sum
settlement or the transfer of contributions as well as of pensions/benefits. The issue in question is presently provided for
by the benefit plan which also gives rise to an inalienable right to lump-sum settlement.
At the end of March 2001, the Ministry of Labour, Social Affairs and Family submitted the European
Commission its entries into annexes to Council Regulations (EEC) No. 1408/71 and 574/72. The
work in this area is coordinated by a newly established inter-ministerial commission on the
coordination of social security systems – the commission was set up by the Minister of Labour,
Social Affairs and Family in November 2000. In June 2001, the Ministry of Labour, Social Affairs
and Family will submit information on the activities of the commission to the Government.


Existing administrative structures
    Social Insurance Agency established under Act No. 274/1994 Coll. on Social Insurance Agency
     as amended is a public service institution administering sickness insurance, pension insurance
     and providing state supervision.4
    Institutional umbrella for the unemployment insurance system is provided by the National
     Labour Office consisting of the General Directorate, regional labour offices and district labour
     offices. State supervision is carried out by the Ministry of Labour, Social Affairs and Family SR
     and the Ministry of Finance.
    Health insurance is administered by the General Health Insurance Agency and other health
     insurance agencies. Health insurance agencies are subject to state supervision carried out by the
     Ministry of Health and the Ministry of Finance.
    Family benefits are presently administered by local state administration authorities, employers,
     the National Labour Office and the Social Insurance Agency.
    Death grants are administered by local state administration authorities.


4
  Note: "The National Council of the Slovak Republic has been submitted a draft law whose Article II changes and
amends Act No. 274/1994 Coll. on Social Insurance Agency as amended. The draft envisages the expansion of
competencies of the Social Insurance Agency, effective 1 January 2002, by administering insurance of employers related
to their liability for damage caused by industrial accidents and occupational diseases, i.e. this type of insurance is
expected to be shifted from the commercial joint-stock company Slovak Insurance Company to a public service
institution. This is the first step to a new type of accident insurance".



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Short-term priorities
   adopting a new law on health insurance
        DATE: 1 JANUARY 2002
   adopting a new law on child allowances
    Date: July 2002
   analysing the existing problems in the health insurance area and in the provision of statutory
    health care
    Date: 2001 (Consensus III)


   continuous updating of the Slovak Republic's entries for annexes to Council Regulations (EEC)
    No. 1408/71 and No. 574/72 on the implementation of social security systems
     Date: 2002


Medium-term priorities
   adopting a new law on social insurance
    DATE: 1 JANUARY 2003
   amending Act No. 123/1996 Coll. on supplementary pension insurance as amended by Act No.
    409/2000 Coll.
    Date: 2002


Administrative requirements
   building the capabilities of local state administration authorities, i.e. in the areas of material
    support, equipment and staff, to enable them to handle the agenda of non-contributory family
    benefits and to become the only state bodies administering these benefits
        DATE: 2002
   preparing the development of the system of unemployment benefit payment abroad, training the
    staff of the Ministry of Labour, Social Affairs and Family and of the National Labour Office for
    this area
    Date: 2002-2003
   support the inter-ministerial coordination working group consisting of all organisations
    administering social security, whose secretariat is at the Ministry of Labour, Social Affairs and
    Family
    Date: 2001 - 2004
   improvement of managerial and technical skills of the employees of the Ministry of Labour,
    Social Affairs and Family, Ministry of Health, Social Insurance Agency, National Labour Office,
    General Health Insurance Agency and other health insurance agencies, and of district authorities,
    to be able to apply Council Regulations (EEC) No. 1408/71 and No. 574/72
    Date: 2001-2002
   setting up special working groups whose members will be offered special training at the Ministry


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    of Labour, Social Affairs and Family, Ministry of Health, Social Insurance Agency, National
    Labour Office, General Health Insurance Agency so as to be able to cope with the requirements
    of EU coordination mechanisms and to take necessary administrative and technical steps
    Date: 2001
   designating a liaison body for communication between institutions and communication between
    the recipients of benefits and institutions
    Date: 2002
   continuing to build the Central Database of Clients of the Social Insurance Agency – insured, as
    an integral component of the Comprehensive Information System of the Social Sphere which
    provides connection to the databases of other relevant sectoral institutions (National Labour
    Office, health insurance companies). The database will make it possible to establish insurance
    relationships with individual clients through their personal accounts.
    Date: 2001 - 2004


Financial requirements

                                                                          STATE BUDGET: SKK
Inter-ministerial coordination commission –                    2002
social security, strengthening of professional                            4.1 MILLION
and European integration units (Ministry of                           Consensus: MEURO 0.75
                                                               2004   State budget: SKK 0.5
Labour, Social Affairs and Family: 2002 – 2004
+ 10 persons)                                                         million

                                                               2002       STATE BUDGET: SKK
Reinforcing the staff of local and regional state
administration authorities (2002 – 2003: +                                118.4 MILLION
                                                               2003
371,5 persons) for the purposes of handling the                       State budget: SKK 130.2
agenda of non-contributory family allowances                          million

Creation of Central Database of Clients in the                        Administrative fund of SIA:
Social Insurance Agency (SIA) (2002 – 2004 +                   2001   SKK 9.9 million
80 persons):                                                   2002   SKK 43.8 million
                                                               2003   SKK 63.8 million
        -   personal accounts                                  2004   SKK 63.1 million
        -   verification of the system
                                                                      Administrative fund of SIA:
Completing the building of the Social Insurance
Agency – human resource development,                           2001   SKK 3.4 million
training (2002 – 2004: + 9 persons)                            2002   SKK 3.6 million
                                                               2003   SKK 3.8 million
                                                               2004   SKK 3.9 million
Social Insurance Agency: strengthening (2002 -                        Administrative fund of SIA:
2004: + 18 persons)                                            2001   SKK 2.7 million
                                                               2002   SKK 9.8 million
- sickness and pension insurance                               2003   SKK 5.1 million
- accident insurance                                           2004   SKK 3.1 million
- liaison body for coordination




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National Labour Office                                    2001-2004       National Labour Office:

- building administrative structures for the                              SKK 5.0 million
export of benefits
Ministry of Health (2002 – 2004: + 8 persons) –                2001       State budget: SKK 3.9
                                                               2002       million
completing the building of health insurance
institutions and of their material and technical               2003           STATE BUDGET: SKK
                                                               2004           4.0 MILLION
basis
                                                                          State budget: SKK 0.9 million
                                                                          State budget: SKK 1.0 million
Health Insurance Administration – running the                             Administrative fund:
central register of policy holders, administration             2003       SKK 19.3 million
of special accounts and export of benefits (2003               2004       SKK 10.1 million
– 2004: + 30 persons)
General Health Insurance Agency (GHIA) –                                  Administrative fund of GHIA:
building capabilities for the export of benefits               2001       SKK 24.3 million
                                                               2003       SKK 60.7 million
(2003 – 2004: + 55 persons)
                                                               2004       SKK 41 million
Common Health Insurance Company – building                                Administrative fund of the
                                                                          insurance company:
capabilities for the export of benefits
                                                               2001       SKK 4.9 million
                                                               2003       SKK 15.3 million
                                                               2004       SKK 23.0 million
Apollo Health Insurance Company – building                                Administrative fund of the
capabilities for the export of benefits (2003 –                           insurance company:
                                                               2001       SKK 3.2 million
2004: + 14 persons)
                                                               2003       SKK 10.2 million
                                                               2004       SKK 14.4 million
                                                                          Administrative fund of the
Sidéria Health Insurance Company– building
capabilities for the export of benefits (2003 –                           insurance company:
2004: + 14 persons)                                            2001       SKK 3.2 million
                                                               2003       SKK 10.2 million
                                                               2004       SKK 14.4 million
Citizens' Health Insurance Company Dôvera –                               Administrative fund of the
                                                                          insurance company:
building capabilities for the export of benefits
(2002 –2004: + 4 persons)                                      2001       SKK 3.2 million
                                                               2003       SKK 10.2 million
                                                               2004       SKK 14.4 million

CHAPTER 2: FREE MOVEMENT OF PERSONS


The free movement of persons is one of the four fundamental freedoms provided for in the Treaty on the European
Union. The acquis communautaire in this field includes 4 wide areas: mutual recognition of professional qualifications,
rights of citizens, free movement of workers and coordination of social security systems.
In the second stage of the transitional period, the Association Council shall examine (Article 43 of
Europe Agreement) new possibilities for improving the movement of workers, taking account also of
the social situation in the area of employment within the Community. The Slovak Republic will, as a



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party to the EA, initiate the adoption of joint measures for implementing Articles 42 and 43 of the
Europe Agreement. We expect the EC to take a similar initiative, just as it did in connection with the
1999 draft decision of the Association Council on the coordination of social security schemes.

The Government of the Slovak Republic passed Resolution No. 1001/2000 on 6 December 2000
whereby it approved the Slovak Republic's negotiating position on Chapter 2, submitted to the EC
(CONF-SK 70 00) on 7 December 2000 before the Nice summit.

At the end of February 2001, following the technical meeting with the EC on 6 February 2001, the
Slovak Republic submitted Additional Information 1, registered in the EC as CONF-SK 4/01.
Negotiating Chapter No. 2 is expected to be included on the agenda of the Conference in the first half
of 2001.



MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

The Ministry of Education has been drafting a new law on Universities (anticipated entry into effect
is 1 January 2002) that will distinguish between academic and professional recognition of
qualifications; the new law will achieve full harmonisation with the Gravier rule as from the date of
accession of the Slovak Republic to the EU.
In connection with the transposition of the so-called general systems for the recognition, the greatest
attention is currently devoted to the drafting of a law on the recognition of professional qualifications
of EU nationals for the purposes of pursuing regulated professions and regulated professional
activities in the Slovak Republic. Transposed into this law will be the principles and procedures
applied in the recognition of professional qualifications, laid down in Directives 89/48 and 92/51.
The newly drafted law shall also bring about considerable shifts in competencies. The draft law,
prepared by the Ministry of Education in close cooperation with the Ministry of Labour, Social
Affairs and Family, is ready to be submitted for the inter-ministerial comments procedure. The law is
to be passed by the end of 2001 and its entry into effect is expected as of the date of accession of the
Slovak Republic to the EU.
The amendment to the Small Licence Trade Act, that will take effect as of 1 July 2001, will
transpose European Parliament and Council Directive 1999/42/EC.
Due to substantial changes relating to the recognition of foreign qualifications, the Slovak Republic
continued in 2000 to compile the list of regulated professions and regulated professional activities,
and to draw up an inventory of the Slovak Republic's bodies authorised to take decisions.
On 31 January 2001, the Ministry of Justice submitted draft amendment of Act No. 132/1990 Coll. on Advocacy for
legislative processing. To be able to perform legal profession in the Slovak Republic, EU nationals must obtain the
recognition of their professional qualifications. The amendment to the Advocacy Act lays emphasis on the "reciprocity
principle", i.e. the generally recognised principle under international law. Incorporation of the reciprocity principle into
the proposed amendment of the Advocacy Act reaffirms "national treatment" for legal practitioners from EU Member
States by the Slovak Republic, in conformity with Article 45 paragraph 1 of the Europe Agreement. The amended law is
expected to enter into effect as of 1 September 2001.
The passage of Act No. 236/2000 Coll. on chartered architects and chartered civil engineers, effective
from 1 August 2000, abolished the nationality requirement and introduced more detailed provisions



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concerning the performance of the aforesaid professions in the Slovak Republic by foreign nationals.
This legislation provides that all architects or engineers who are included in the list of chartered
architects and chartered civil engineers drawn up in accordance with the law of the country of their
permanent residence may be entered on the lists of chartered architects and chartered civil engineers
in Slovakia, subject to the fulfilment of reciprocity principle concerning the right to be included in
such lists, or where this right arises from an international agreement or agreements concluded by
professional associations. Full compatibility with EU law in this area will be attained in 2002 through
the amendment of Act No. 138/1992 Coll., effective as of the date of accession of the Slovak
Republic to the EU.
The Ministry of Health is preparing a law on nursing and midwife professions, expected to enter into effect as of 1
January 2002.
The entry into effect of the Decree on professional qualifications of health care workers and of the Decree on further
training of health care workers has been postponed to 1 January 2002, because these decrees are based on Act No.
277/1994 Coll. on Health Care which is in process of being amended.
The Ministry of Health has developed training programs for the professions of registered nurses
responsible for general care and of registered midwives, compatible with EU directives.
General medicine and dental care (stomatology) are studied in Slovakia as separate programmes at
the faculties of medicine. Medical faculty graduates, who complete their studies in either of these two
fields, are granted academic degree of MUDr. and the diplomas specifying the given field (i.e. a
doctor of general medicine or a doctor of stomatology). Draft amendment to Act No. 277/1994 Coll.
on Health Care as amended includes also the category of dental practitioners.


Short-term priorities

General systems for the recognition of professional qualifications
   adopting a law on the recognition of professional qualifications of the nationals of Member States
    of the European Union for the purpose of pursuing regulated professions or regulated professional
    activities in the Slovak Republic
    Date: as of the date of accession
 amending Act No. 455/1991 Coll. on Small Licence Trade
    Date: 1 July 2001
 revising sectoral regulations on access to professions and professional activities which fall under
  the "general system"
    Date: 2001-2002
   adopting a new law on Universities
    Date: 1 January 2002
   adopting a law on education and training
    Date: 1 September 2002


Sectoral directives
   amending Act No. 132/1990 Coll. on Advocacy



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    Date: 1 September 2001
 adopting a law on nursing and midwife professions
        DATE: 1 JANUARY 2002
 adopting a decree on further education of health care workers
        DATE: 1 JANUARY 2002
 adopting a decree on professional qualifications of health care workers
    Date: 1 January 2002
   amending Act No. 277/1994 Coll. on health care as amended
    Date: 1 January 2002

 adopting a law on medical profession.
    Date: 1 January 2002


Medium-term priorities


Sectoral directives
 amending Act No. 10/1992 Coll. on private veterinary doctors and on the Chamber of Veterinary
   Doctors – in 2002
    Date: as of the date of accession
 amending Act No. 138/1992 Coll. on chartered architects and chartered civil engineers as
  amended by Act No. 236/2000 Coll. – in 2002
    Date: as of the date of accession


Administrative requirements

Ministry of Education
   strengthening the existing and/or creating new professional units (+ 6 persons in 2002 – 2004),
    responsible for access to regulated professions in connection with the growing agenda and
    expanding tasks. Addition of new staff will be accompanied by the creation of adequate material
    and technical conditions for effective work of these units.


Institute of Information and Prognosis of Education
   completing the building (+ 4 persons in 2002 – 2004) of the Centre for Equivalency of Education
    Documents to be able to perform the function of the contact point and coordinator and/or other
    functions under Directives No. 89/48 and 92/51.


Ministry of Labour, Social Affairs and Family
    strengthening professionals units (+ 2 persons in 2002), responsible for access to regulated professions in connection
     with the growing agenda and expanding tasks. Personnel reinforcement will be accompanied by the creation of


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    adequate material and technical conditions for effective work of these units + joining CEDEFOP- Thessalonica.


Other ministries and central state administration authorities
Strengthening and/or creating new professional units (+ 6 persons in 2002 – 2004), responsible for
access to regulated professions in connection with the growing agenda and expanding tasks.
Personnel reinforcement will be accompanied by the creation of adequate material and technical
conditions for effective work of these units.


Ministry of Health
   setting up a unit for medical professions (+ 11 persons in 2002 – 2004) to be in charge of
    activities relating to the regulation at the level of state administration and/or professional
    organisations
   setting up a unit for accreditation (+ 3 persons in 2002), including accreditation of education
   completing the building of the training unit at the Ministry of Health (+ 7 persons in 2002 –
    2003).


Ministry of Agriculture
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Ministry of the Environment
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Because of the increasing mobility of workers it will be necessary to complete the development of
and to create adequate conditions for the functioning of the system of chambers and other
professional associations by the end of 2003, so as to enable them to competently fulfil their task of
securing access to regulated professions and regulated professional activities in harmony with the
legislation of the Slovak Republic:
-   the Slovak Chamber of Architects (the capacity to fulfil the tasks relating to the liberal profession
    of architects),
-   the Slovak Chamber of Civil Engineers (the capacity to fulfil the tasks relating to the liberal
    profession of civil engineers),
-   the Slovak Bar Association (the capacity to fulfil the tasks relating to the liberal profession of
    legal practitioners),
-   the Slovak Medical Chamber (the capacity to fulfil the tasks relating to the liberal profession of
    medical doctors),



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-   the Slovak Chamber of Dental Practitioners (the capacity to fulfil the tasks relating to the liberal
    profession of dental practitioners),
-   the Slovak Chamber of Nurses and Midwives (the capacity to fulfil the tasks relating to the liberal
    profession of nurses and midwives),
-   the Slovak Chamber of Pharmacists (the capacity to fulfil the tasks relating to the liberal
    profession of pharmacists).


Financial requirements


Ministry of Education (including the Centre               2001   State budget: SKK 0.3 million
                                                                     PHARE: MEURO 0.025
for Equivalence of Diplomas)
                                                          2002   State budget: SKK 2.2 million
                                                                     PHARE: MEURO 0.025
                                                          2003   State budget: SKK 1.5 million
                                                          2004   State budget: SKK 1.5 million
    MINISTRY OF LABOUR, SOCIAL                            2002   State budget: SKK 0.9 million
    AFFAIRS AND FAMILY
    MINISTRY OF HEALTH                                    2001   State budget: SKK 1.7 million
                                                                 PHARE: MEURO 0.025
                                                          2002   State budget: SKK 12.4 million
                                                                 PHARE: MEURO 0.025
                                                          2003
                                                                 State budget: SKK 4.7 million
                                                          2004
                                                                 State budget: SKK 1.1 million
Ministry of Justice                                       2001   State budget: SKK 1.1 million
                                                          2001   State budget: SKK 0.2 million
Ministry of Agriculture
                                                          2002   State budget: SKK 0.3 million
Ministry of the Environment                               2002   State budget: SKK 0.3 million
                                                                 Other resources:
Slovak Medical Chamber
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
Slovak Chamber of Dental Practitioners                           Other resources:
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
Slovak Chamber of Nurses and Midwives                            Other resources:
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
                                                                 Other resources:
Slovak Chamber of Pharmacists
                                                          2002   SKK 1.1 million
                                                          2004   SKK 1.2 million




RIGHT TO RESIDENCE, EUROPEAN CITIZENSHIP, FREE MOVEMENT OF WORKERS,
MIGRATION




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Key legislation on aliens in the Slovak Republic, i.e. Act No. 73/1995 Coll. regulating the Stay of
Aliens within the Territory of the Slovak Republic is, even after its amendment by Act No. 69/2000
Coll., only partly compatible with the relevant acquis.

EU requirements concerning the right to residence laid down in the acquis, which the Slovak
Republic may accept and apply before it enters the EU, will be provided for in the new law on the
stay of aliens within the territory of the Slovak Republic that will enter into effect in 2002. This law
will contain provisions on the prevention of illegal immigration and employment, issuance of work
permits to third country nationals, reunification of families, and residence ending. Certain provisions
of this new law will be supplemented and amended later on in connection with the date of accession
of the Slovak Republic into the EU. Due to the nature of legal standards in this field, their full
implementation will be possible only in the context of full membership of Slovakia in the EU. The
Slovak Republic will therefore introduce the necessary changes into the new law regulating the stay
of aliens with effect from the date of its entry into the European Union.
Short-term priorities concerning the competencies of border guard and alien police include improving the theoretical
knowledge and practical experience through exchanges with EU Member States and with applicant countries. These
exchanges take place under bilateral agreements and agreements on procedures and mutual cooperation. These
agreements provide for regular meetings of border police officials aimed at preventing and addressing issues connected
with state border protection.
Employment of aliens in the territory of the Slovak Republic is governed by the Constitution of the
Slovak Republic, Act No. 73/1995 Coll. on the Stay of Aliens within the Territory of the Slovak
Republic as amended, and by special regulations. Act No. 387/1996 Coll. on Employment as
amended is a comprehensive legal instrument regulating the field of employment. Other closely
connected legal provisions are those that refer to individual professions, including Act No. 455/1991
Coll. on Small Licence Trade, the Commercial Code and the Civil Code.

Employment of aliens and stateless persons in the Slovak Republic is governed by regulations
applicable to individual activities, and on the basis of work permits under bilateral reciprocal
employment agreements. As of today, the Slovak Republic has reciprocal agreements with the
Federal Republic of Germany, the Czech Republic, Hungary, Poland, the Russian Federation and
Ukraine, and agreements on the exchange on interns with the Swiss Confederation, the Grand Duchy
of Luxembourg and the Republic of Finland. Work permits are granted also to aliens who have
employment relationships with foreign employers and are posted to the Slovak Republic for longer
than one month under commercial or other contracts concluded with a domestic legal entity or natural
person.

Other rights of migrant workers, such as entitlement to equal social and tax advantages, equal access
to training in vocational schools and retraining centres, right to the reunification of families and to the
admittance of any family member, including those who are dependent on the migrant worker or live
in his/her household, will be fully guaranteed as of the date of accession of Slovakia to the EU. These
rights are taken into consideration in the preparation of a new law on the stay of aliens and of the new
school law.



Short-term priorities
   adopting a new law on the stay of aliens


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         DATE: 1 JANUARY 2002
   initiating the work on draft recommendations of the Association Council pursuant to Article 43 of
    the Europe Agreement on Association, relating to the exploration of further possibilities for
    improvement in the area of the movement of workers, in the light of, inter alia, the social and
    economic situation in the Slovak Republic and employment situation in the European Union
        DATE: SEPTEMBER 2001
   initiating the drafting of bilateral agreements with EU Member States concerning access to
    employment for workers from the Slovak Republic
        DATE: CONTINUOUS 2001 – 2002
   initiating the exploration by the Association Council of further possibilities for improving the
    movement of workers from the Slovak Republic in the EU in conformity with Article 42 of the
    Europe Agreement on Association, including access to vocational training, in line with the rules
    and procedures applied in the Member States and in the light of improving situation in the labour
    market of EU Member States
        DATE: SEPTEMBER 2001
   drawing up a project of statistical surveys on the migration of workers
    Date: 2001 - 2002
   preparing a project on the methodology for analysing the employment of aliens, including the
    preparation of estimates and visions for implementing Council Regulation (EEC) No. 1612/68
    Date: 2001 - 2002


    ADMINISTRATIVE REQUIREMENTS


At the central level, this area falls under the competence of the Ministry of Interior and the Ministry of Labour, Social
Affairs and Family.
Professional training programmes are organised to increase administrative capacities for implementing the acquis for
those members of alien police and the Ministry of Labour, Social Affairs and Family staff whose responsibilities include
the analysis of EU legislation including its practical application.
In the preparation for joining the EURES network it will be necessary to expand the National Labour Office (recruitment
of additional 15 staff members), strengthen its material and technical capabilities and organise training on the exchange of
information concerning vacancies and applicants for a job. The training of EU advisors is envisaged under the Phare -
Consensus III twinning programme.



Financial requirements

                                                                 2001        State budget: SKK 4.2 million
Professional training of the Border and Alien
Police staff (2002 – 2004 + 48 persons)                          2002        State budget: SKK 0.7 million
                                                                 2003        State budget: SKK 1.3 million
                                                                 2004        State budget: SKK 1.9 million
Ministry of Labour, Social Affairs and Family:
- Studies, expert assessments, analyses,                         2001        State budget: SKK 0.5 million
estimates and visions in the area of the


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employment of aliens                                             2002             STATE BUDGET: SKK
- Project – statistical surveys of migration for                                  0.6 MILLION
employment purposes                                                               CONSENSUS III:
                                                                                  MEURO 0.05
Creation of a unit within the National Labour 2001-2002                      Consensus III: MEURO 0.35
Office for joining the EURES network (+15                                    SKK 1.5 million (budget of
persons) – on free movement of workers:                                      the National Labour Office)
   preparation of technical conditions
   providing employment services to citizens
    seeking employment outside of the state of
    their permanent residence
   training the staff of employment services in
    the Slovak Republic
   training EU advisors in the framework of
    twinning


COORDINATION OF SOCIAL SECURITY SYSTEMS

Act No. 123/1996 Coll. on Supplementary Pension Insurance (Act No. 409/2000 Coll.) was amended with effect from 1
January 2001. To attain full compatibility with Directive 98/49/EC (Article 17 of the Directive), the provisions of the Act
will be amended so as to ensure equal rights of migrant workers by introducing a new definition of the cases of lump-sum
settlement or the transfer of contributions as well as of pensions/benefits. The issue in question is presently provided for
by the benefit plan which also gives rise to an inalienable right to lump-sum settlement.
At the end of March 2001, the Ministry of Labour, Social Affairs and Family submitted the European
Commission its entries into annexes to Council Regulations (EEC) No. 1408/71 and 574/72. The
work in this area is coordinated by a newly established inter-ministerial commission on the
coordination of social security systems – the commission was set up by the Minister of Labour,
Social Affairs and Family in November 2000. In June 2001, the Ministry of Labour, Social Affairs
and Family will submit information on the activities of the commission to the Government.


Existing administrative structures
    Social Insurance Agency established under Act No. 274/1994 Coll. on Social Insurance Agency
     as amended is a public service institution administering sickness insurance, pension insurance
     and providing state supervision.5
    Institutional umbrella for the unemployment insurance system is provided by the National
     Labour Office consisting of the General Directorate, regional labour offices and district labour
     offices. State supervision is carried out by the Ministry of Labour, Social Affairs and Family SR

5
  Note: "The National Council of the Slovak Republic has been submitted a draft law whose Article II changes and
amends Act No. 274/1994 Coll. on Social Insurance Agency as amended. The draft envisages the expansion of
competencies of the Social Insurance Agency, effective 1 January 2002, by administering insurance of employers related
to their liability for damage caused by industrial accidents and occupational diseases, i.e. this type of insurance is
expected to be shifted from the commercial joint-stock company Slovak Insurance Company to a public service
institution. This is the first step to a new type of accident insurance".



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     and the Ministry of Finance.
    Health insurance is administered by the General Health Insurance Agency and other health
     insurance agencies. Health insurance agencies are subject to state supervision carried out by the
     Ministry of Health and the Ministry of Finance.
    Family benefits are presently administered by local state administration authorities, employers,
     the National Labour Office and the Social Insurance Agency.
    Death grants are administered by local state administration authorities.


Short-term priorities
   adopting a new law on health insurance
        DATE: 1 JANUARY 2002
   adopting a new law on child allowances
    Date: July 2002
   analysing the existing problems in the health insurance area and in the provision of statutory
    health care
    Date: 2001 (Consensus III)


   continuous updating of the Slovak Republic's entries for annexes to Council Regulations (EEC)
    No. 1408/71 and No. 574/72 on the implementation of social security systems
     Date: 2002


Medium-term priorities
   adopting a new law on social insurance
    DATE: 1 JANUARY 2003
   amending Act No. 123/1996 Coll. on supplementary pension insurance as amended by Act No.
    409/2000 Coll.
    Date: 2002


Administrative requirements
   building the capabilities of local state administration authorities, i.e. in the areas of material
    support, equipment and staff, to enable them to handle the agenda of non-contributory family
    benefits and to become the only state bodies administering these benefits
        DATE: 2002
   preparing the development of the system of unemployment benefit payment abroad, training the
    staff of the Ministry of Labour, Social Affairs and Family and of the National Labour Office for
    this area
    Date: 2002-2003
   support the inter-ministerial coordination working group consisting of all organisations


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    administering social security, whose secretariat is at the Ministry of Labour, Social Affairs and
    Family
    Date: 2001 - 2004
   improvement of managerial and technical skills of the employees of the Ministry of Labour,
    Social Affairs and Family, Ministry of Health, Social Insurance Agency, National Labour Office,
    General Health Insurance Agency and other health insurance agencies, and of district authorities,
    to be able to apply Council Regulations (EEC) No. 1408/71 and No. 574/72
    Date: 2001-2002
   setting up special working groups whose members will be offered special training at the Ministry
    of Labour, Social Affairs and Family, Ministry of Health, Social Insurance Agency, National
    Labour Office, General Health Insurance Agency so as to be able to cope with the requirements
    of EU coordination mechanisms and to take necessary administrative and technical steps
    Date: 2001
   designating a liaison body for communication between institutions and communication between
    the recipients of benefits and institutions
    Date: 2002
   continuing to build the Central Database of Clients of the Social Insurance Agency – insured, as
    an integral component of the Comprehensive Information System of the Social Sphere which
    provides connection to the databases of other relevant sectoral institutions (National Labour
    Office, health insurance companies). The database will make it possible to establish insurance
    relationships with individual clients through their personal accounts.
    Date: 2001 - 2004


Financial requirements

Inter-ministerial coordination commission –                    2002       STATE BUDGET: SKK
social security, strengthening of professional                            4.1 MILLION
and European integration units (Ministry of                           Consensus: MEURO 0.75
                                                               2004   State budget: SKK 0.5
Labour, Social Affairs and Family: 2002 – 2004
+ 10 persons)                                                         million

Reinforcing the staff of local and regional state              2002       STATE BUDGET: SKK
administration authorities (2002 – 2003: +                                118.4 MILLION
                                                               2003
371,5 persons) for the purposes of handling the                       State budget: SKK 130.2
                                                                      million
agenda of non-contributory family allowances
Creation of Central Database of Clients in the                        Administrative fund of SIA:
Social Insurance Agency (SIA) (2002 – 2004 +                   2001   SKK 9.9 million
80 persons):                                                   2002   SKK 43.8 million
                                                               2003   SKK 63.8 million
        -   personal accounts                                  2004   SKK 63.1 million
        -   verification of the system
Completing the building of the Social Insurance                       Administrative fund of SIA:
Agency – human resource development,                           2001   SKK 3.4 million
training (2002 – 2004: + 9 persons)                            2002   SKK 3.6 million
                                                               2003


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                                                               2004   SKK 3.8 million
                                                                      SKK 3.9 million
Social Insurance Agency: strengthening (2002 -                        Administrative fund of SIA:
                                                               2001   SKK 2.7 million
2004: + 18 persons)
                                                               2002   SKK 9.8 million
- sickness and pension insurance                               2003   SKK 5.1 million
- accident insurance                                           2004   SKK 3.1 million
- liaison body for coordination
National Labour Office                                   2001-2004    National Labour Office:

- building administrative structures for the                          SKK 5.0 million
export of benefits
Ministry of Health (2002 – 2004: + 8 persons) –                2001   State budget: SKK 3.9
completing the building of health insurance                    2002   million
institutions and of their material and technical               2003       STATE BUDGET: SKK
                                                               2004       4.0 MILLION
basis
                                                                      State budget: SKK 0.9 million
                                                                      State budget: SKK 1.0 million
                                                                      Administrative fund:
Health Insurance Administration – running the
central register of policy holders, administration             2003   SKK 19.3 million
of special accounts and export of benefits (2003               2004   SKK 10.1 million
– 2004: + 30 persons)
General Health Insurance Agency (GHIA) –                              Administrative fund of GHIA:
                                                               2001   SKK 24.3 million
building capabilities for the export of benefits
(2003 – 2004: + 55 persons)                                    2003   SKK 60.7 million
                                                               2004   SKK 41 million
Common Health Insurance Company – building                            Administrative fund of the
capabilities for the export of benefits                               insurance company:
                                                               2001   SKK 4.9 million
                                                               2003   SKK 15.3 million
                                                               2004   SKK 23.0 million
Apollo Health Insurance Company – building                            Administrative fund of the
                                                                      insurance company:
capabilities for the export of benefits (2003 –
2004: + 14 persons)                                            2001   SKK 3.2 million
                                                               2003   SKK 10.2 million
                                                               2004   SKK 14.4 million
                                                                      Administrative fund of the
Sidéria Health Insurance Company– building
capabilities for the export of benefits (2003 –                       insurance company:
                                                               2001   SKK 3.2 million
2004: + 14 persons)
                                                               2003   SKK 10.2 million
                                                               2004   SKK 14.4 million
Citizens' Health Insurance Company Dôvera –                           Administrative fund of the
building capabilities for the export of benefits                      insurance company:
(2002 –2004: + 4 persons)                                      2001   SKK 3.2 million
                                                               2003   SKK 10.2 million
                                                               2004   SKK 14.4 million

CHAPTER 2: FREE MOVEMENT OF PERSONS



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The free movement of persons is one of the four fundamental freedoms provided for in the Treaty on the European
Union. The acquis communautaire in this field includes 4 wide areas: mutual recognition of professional qualifications,
rights of citizens, free movement of workers and coordination of social security systems.
In the second stage of the transitional period, the Association Council shall examine (Article 43 of
Europe Agreement) new possibilities for improving the movement of workers, taking account also of
the social situation in the area of employment within the Community. The Slovak Republic will, as a
party to the EA, initiate the adoption of joint measures for implementing Articles 42 and 43 of the
Europe Agreement. We expect the EC to take a similar initiative, just as it did in connection with the
1999 draft decision of the Association Council on the coordination of social security schemes.

The Government of the Slovak Republic passed Resolution No. 1001/2000 on 6 December 2000
whereby it approved the Slovak Republic's negotiating position on Chapter 2, submitted to the EC
(CONF-SK 70 00) on 7 December 2000 before the Nice summit.

At the end of February 2001, following the technical meeting with the EC on 6 February 2001, the
Slovak Republic submitted Additional Information 1, registered in the EC as CONF-SK 4/01.
Negotiating Chapter No. 2 is expected to be included on the agenda of the Conference in the first half
of 2001.



MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

The Ministry of Education has been drafting a new law on Universities (anticipated entry into effect
is 1 January 2002) that will distinguish between academic and professional recognition of
qualifications; the new law will achieve full harmonisation with the Gravier rule as from the date of
accession of the Slovak Republic to the EU.
In connection with the transposition of the so-called general systems for the recognition, the greatest
attention is currently devoted to the drafting of a law on the recognition of professional qualifications
of EU nationals for the purposes of pursuing regulated professions and regulated professional
activities in the Slovak Republic. Transposed into this law will be the principles and procedures
applied in the recognition of professional qualifications, laid down in Directives 89/48 and 92/51.
The newly drafted law shall also bring about considerable shifts in competencies. The draft law,
prepared by the Ministry of Education in close cooperation with the Ministry of Labour, Social
Affairs and Family, is ready to be submitted for the inter-ministerial comments procedure. The law is
to be passed by the end of 2001 and its entry into effect is expected as of the date of accession of the
Slovak Republic to the EU.
The amendment to the Small Licence Trade Act, that will take effect as of 1 July 2001, will
transpose European Parliament and Council Directive 1999/42/EC.
Due to substantial changes relating to the recognition of foreign qualifications, the Slovak Republic
continued in 2000 to compile the list of regulated professions and regulated professional activities,
and to draw up an inventory of the Slovak Republic's bodies authorised to take decisions.


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On 31 January 2001, the Ministry of Justice submitted draft amendment of Act No. 132/1990 Coll. on Advocacy for
legislative processing. To be able to perform legal profession in the Slovak Republic, EU nationals must obtain the
recognition of their professional qualifications. The amendment to the Advocacy Act lays emphasis on the "reciprocity
principle", i.e. the generally recognised principle under international law. Incorporation of the reciprocity principle into
the proposed amendment of the Advocacy Act reaffirms "national treatment" for legal practitioners from EU Member
States by the Slovak Republic, in conformity with Article 45 paragraph 1 of the Europe Agreement. The amended law is
expected to enter into effect as of 1 September 2001.
The passage of Act No. 236/2000 Coll. on chartered architects and chartered civil engineers, effective
from 1 August 2000, abolished the nationality requirement and introduced more detailed provisions
concerning the performance of the aforesaid professions in the Slovak Republic by foreign nationals.
This legislation provides that all architects or engineers who are included in the list of chartered
architects and chartered civil engineers drawn up in accordance with the law of the country of their
permanent residence may be entered on the lists of chartered architects and chartered civil engineers
in Slovakia, subject to the fulfilment of reciprocity principle concerning the right to be included in
such lists, or where this right arises from an international agreement or agreements concluded by
professional associations. Full compatibility with EU law in this area will be attained in 2002 through
the amendment of Act No. 138/1992 Coll., effective as of the date of accession of the Slovak
Republic to the EU.
The Ministry of Health is preparing a law on nursing and midwife professions, expected to enter into effect as of 1
January 2002.
The entry into effect of the Decree on professional qualifications of health care workers and of the Decree on further
training of health care workers has been postponed to 1 January 2002, because these decrees are based on Act No.
277/1994 Coll. on Health Care which is in process of being amended.
The Ministry of Health has developed training programs for the professions of registered nurses
responsible for general care and of registered midwives, compatible with EU directives.
General medicine and dental care (stomatology) are studied in Slovakia as separate programmes at
the faculties of medicine. Medical faculty graduates, who complete their studies in either of these two
fields, are granted academic degree of MUDr. and the diplomas specifying the given field (i.e. a
doctor of general medicine or a doctor of stomatology). Draft amendment to Act No. 277/1994 Coll.
on Health Care as amended includes also the category of dental practitioners.


Short-term priorities

General systems for the recognition of professional qualifications
   adopting a law on the recognition of professional qualifications of the nationals of Member States
    of the European Union for the purpose of pursuing regulated professions or regulated professional
    activities in the Slovak Republic
    Date: as of the date of accession
 amending Act No. 455/1991 Coll. on Small Licence Trade
    Date: 1 July 2001
 revising sectoral regulations on access to professions and professional activities which fall under
  the "general system"
    Date: 2001-2002
   adopting a new law on Universities
    Date: 1 January 2002


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   adopting a law on education and training
    Date: 1 September 2002


Sectoral directives
   amending Act No. 132/1990 Coll. on Advocacy
    Date: 1 September 2001
 adopting a law on nursing and midwife professions
        DATE: 1 JANUARY 2002
 adopting a decree on further education of health care workers
        DATE: 1 JANUARY 2002
 adopting a decree on professional qualifications of health care workers
    Date: 1 January 2002
   amending Act No. 277/1994 Coll. on health care as amended
    Date: 1 January 2002

 adopting a law on medical profession.
    Date: 1 January 2002


Medium-term priorities


Sectoral directives
 amending Act No. 10/1992 Coll. on private veterinary doctors and on the Chamber of Veterinary
   Doctors – in 2002
    Date: as of the date of accession
 amending Act No. 138/1992 Coll. on chartered architects and chartered civil engineers as
  amended by Act No. 236/2000 Coll. – in 2002
    Date: as of the date of accession


Administrative requirements

Ministry of Education
   strengthening the existing and/or creating new professional units (+ 6 persons in 2002 – 2004),
    responsible for access to regulated professions in connection with the growing agenda and
    expanding tasks. Addition of new staff will be accompanied by the creation of adequate material
    and technical conditions for effective work of these units.


Institute of Information and Prognosis of Education



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   completing the building (+ 4 persons in 2002 – 2004) of the Centre for Equivalency of Education
    Documents to be able to perform the function of the contact point and coordinator and/or other
    functions under Directives No. 89/48 and 92/51.


Ministry of Labour, Social Affairs and Family
   strengthening professionals units (+ 2 persons in 2002), responsible for access to regulated professions in connection
    with the growing agenda and expanding tasks. Personnel reinforcement will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units + joining CEDEFOP- Thessalonica.


Other ministries and central state administration authorities
Strengthening and/or creating new professional units (+ 6 persons in 2002 – 2004), responsible for
access to regulated professions in connection with the growing agenda and expanding tasks.
Personnel reinforcement will be accompanied by the creation of adequate material and technical
conditions for effective work of these units.


Ministry of Health
   setting up a unit for medical professions (+ 11 persons in 2002 – 2004) to be in charge of
    activities relating to the regulation at the level of state administration and/or professional
    organisations
   setting up a unit for accreditation (+ 3 persons in 2002), including accreditation of education
   completing the building of the training unit at the Ministry of Health (+ 7 persons in 2002 –
    2003).


Ministry of Agriculture
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Ministry of the Environment
   strengthening and/or creating new professional units (+ 1 person in 2002), responsible for access
    to regulated professions and professions under sectoral directives (in connection with the growing
    agenda and expanding tasks). Addition of new staff will be accompanied by the creation of
    adequate material and technical conditions for effective work of these units.


Because of the increasing mobility of workers it will be necessary to complete the development of
and to create adequate conditions for the functioning of the system of chambers and other
professional associations by the end of 2003, so as to enable them to competently fulfil their task of
securing access to regulated professions and regulated professional activities in harmony with the
legislation of the Slovak Republic:
-   the Slovak Chamber of Architects (the capacity to fulfil the tasks relating to the liberal profession
    of architects),


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-   the Slovak Chamber of Civil Engineers (the capacity to fulfil the tasks relating to the liberal
    profession of civil engineers),
-   the Slovak Bar Association (the capacity to fulfil the tasks relating to the liberal profession of
    legal practitioners),
-   the Slovak Medical Chamber (the capacity to fulfil the tasks relating to the liberal profession of
    medical doctors),
-   the Slovak Chamber of Dental Practitioners (the capacity to fulfil the tasks relating to the liberal
    profession of dental practitioners),
-   the Slovak Chamber of Nurses and Midwives (the capacity to fulfil the tasks relating to the liberal
    profession of nurses and midwives),
-   the Slovak Chamber of Pharmacists (the capacity to fulfil the tasks relating to the liberal
    profession of pharmacists).


Financial requirements

                                                          2001   State budget: SKK 0.3 million
Ministry of Education (including the Centre
for Equivalence of Diplomas)                                         PHARE: MEURO 0.025
                                                          2002   State budget: SKK 2.2 million
                                                                     PHARE: MEURO 0.025
                                                          2003   State budget: SKK 1.5 million
                                                          2004   State budget: SKK 1.5 million
    MINISTRY OF LABOUR, SOCIAL                            2002   State budget: SKK 0.9 million
    AFFAIRS AND FAMILY
    MINISTRY OF HEALTH                                    2001   State budget: SKK 1.7 million
                                                                 PHARE: MEURO 0.025
                                                          2002   State budget: SKK 12.4 million
                                                                 PHARE: MEURO 0.025
                                                          2003
                                                                 State budget: SKK 4.7 million
                                                          2004
                                                                 State budget: SKK 1.1 million
                                                          2001   State budget: SKK 1.1 million
Ministry of Justice
                                                          2001   State budget: SKK 0.2 million
Ministry of Agriculture
                                                          2002   State budget: SKK 0.3 million
Ministry of the Environment                               2002   State budget: SKK 0.3 million
                                                                 Other resources:
Slovak Medical Chamber
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
Slovak Chamber of Dental Practitioners                           Other resources:
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million
Slovak Chamber of Nurses and Midwives                            Other resources:
                                                          2002   SKK 1.1 million
                                                          2003   SKK 1.2 million




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                                                                       Other resources:
Slovak Chamber of Pharmacists
                                                           2002        SKK 1.1 million
                                                           2004        SKK 1.2 million




RIGHT TO RESIDENCE, EUROPEAN CITIZENSHIP, FREE MOVEMENT OF WORKERS,
MIGRATION
Key legislation on aliens in the Slovak Republic, i.e. Act No. 73/1995 Coll. regulating the Stay of
Aliens within the Territory of the Slovak Republic is, even after its amendment by Act No. 69/2000
Coll., only partly compatible with the relevant acquis.

EU requirements concerning the right to residence laid down in the acquis, which the Slovak
Republic may accept and apply before it enters the EU, will be provided for in the new law on the
stay of aliens within the territory of the Slovak Republic that will enter into effect in 2002. This law
will contain provisions on the prevention of illegal immigration and employment, issuance of work
permits to third country nationals, reunification of families, and residence ending. Certain provisions
of this new law will be supplemented and amended later on in connection with the date of accession
of the Slovak Republic into the EU. Due to the nature of legal standards in this field, their full
implementation will be possible only in the context of full membership of Slovakia in the EU. The
Slovak Republic will therefore introduce the necessary changes into the new law regulating the stay
of aliens with effect from the date of its entry into the European Union.
Short-term priorities concerning the competencies of border guard and alien police include improving the theoretical
knowledge and practical experience through exchanges with EU Member States and with applicant countries. These
exchanges take place under bilateral agreements and agreements on procedures and mutual cooperation. These
agreements provide for regular meetings of border police officials aimed at preventing and addressing issues connected
with state border protection.
Employment of aliens in the territory of the Slovak Republic is governed by the Constitution of the
Slovak Republic, Act No. 73/1995 Coll. on the Stay of Aliens within the Territory of the Slovak
Republic as amended, and by special regulations. Act No. 387/1996 Coll. on Employment as
amended is a comprehensive legal instrument regulating the field of employment. Other closely
connected legal provisions are those that refer to individual professions, including Act No. 455/1991
Coll. on Small Licence Trade, the Commercial Code and the Civil Code.

Employment of aliens and stateless persons in the Slovak Republic is governed by regulations
applicable to individual activities, and on the basis of work permits under bilateral reciprocal
employment agreements. As of today, the Slovak Republic has reciprocal agreements with the
Federal Republic of Germany, the Czech Republic, Hungary, Poland, the Russian Federation and
Ukraine, and agreements on the exchange on interns with the Swiss Confederation, the Grand Duchy
of Luxembourg and the Republic of Finland. Work permits are granted also to aliens who have
employment relationships with foreign employers and are posted to the Slovak Republic for longer
than one month under commercial or other contracts concluded with a domestic legal entity or natural
person.

Other rights of migrant workers, such as entitlement to equal social and tax advantages, equal access
to training in vocational schools and retraining centres, right to the reunification of families and to the


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admittance of any family member, including those who are dependent on the migrant worker or live
in his/her household, will be fully guaranteed as of the date of accession of Slovakia to the EU. These
rights are taken into consideration in the preparation of a new law on the stay of aliens and of the new
school law.



Short-term priorities
   adopting a new law on the stay of aliens
         DATE: 1 JANUARY 2002
   initiating the work on draft recommendations of the Association Council pursuant to Article 43 of
    the Europe Agreement on Association, relating to the exploration of further possibilities for
    improvement in the area of the movement of workers, in the light of, inter alia, the social and
    economic situation in the Slovak Republic and employment situation in the European Union
        DATE: SEPTEMBER 2001
   initiating the drafting of bilateral agreements with EU Member States concerning access to
    employment for workers from the Slovak Republic
        DATE: CONTINUOUS 2001 – 2002
   initiating the exploration by the Association Council of further possibilities for improving the
    movement of workers from the Slovak Republic in the EU in conformity with Article 42 of the
    Europe Agreement on Association, including access to vocational training, in line with the rules
    and procedures applied in the Member States and in the light of improving situation in the labour
    market of EU Member States
        DATE: SEPTEMBER 2001
   drawing up a project of statistical surveys on the migration of workers
    Date: 2001 - 2002
   preparing a project on the methodology for analysing the employment of aliens, including the
    preparation of estimates and visions for implementing Council Regulation (EEC) No. 1612/68
    Date: 2001 - 2002


    ADMINISTRATIVE REQUIREMENTS


At the central level, this area falls under the competence of the Ministry of Interior and the Ministry of Labour, Social
Affairs and Family.
Professional training programmes are organised to increase administrative capacities for implementing the acquis for
those members of alien police and the Ministry of Labour, Social Affairs and Family staff whose responsibilities include
the analysis of EU legislation including its practical application.
In the preparation for joining the EURES network it will be necessary to expand the National Labour Office (recruitment
of additional 15 staff members), strengthen its material and technical capabilities and organise training on the exchange of
information concerning vacancies and applicants for a job. The training of EU advisors is envisaged under the Phare -
Consensus III twinning programme.




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Financial requirements

Professional training of the Border and Alien                    2001        State budget: SKK 4.2 million
Police staff (2002 – 2004 + 48 persons)                          2002        State budget: SKK 0.7 million
                                                                 2003        State budget: SKK 1.3 million
                                                                 2004        State budget: SKK 1.9 million
Ministry of Labour, Social Affairs and Family:
- Studies, expert assessments, analyses,                         2001        State budget: SKK 0.5 million
estimates and visions in the area of the
employment of aliens
                                                                 2002             STATE BUDGET: SKK
- Project – statistical surveys of migration for
                                                                                  0.6 MILLION
employment purposes
                                                                                  CONSENSUS III:
                                                                                  MEURO 0.05
Creation of a unit within the National Labour 2001-2002                      Consensus III: MEURO 0.35
Office for joining the EURES network (+15
                                                                             SKK 1.5 million (budget of
persons) – on free movement of workers:                                      the National Labour Office)
   preparation of technical conditions
   providing employment services to citizens
    seeking employment outside of the state of
    their permanent residence
   training the staff of employment services in
    the Slovak Republic
   training EU advisors in the framework of
    twinning


COORDINATION OF SOCIAL SECURITY SYSTEMS

Act No. 123/1996 Coll. on Supplementary Pension Insurance (Act No. 409/2000 Coll.) was amended with effect from 1
January 2001. To attain full compatibility with Directive 98/49/EC (Article 17 of the Directive), the provisions of the Act
will be amended so as to ensure equal rights of migrant workers by introducing a new definition of the cases of lump-sum
settlement or the transfer of contributions as well as of pensions/benefits. The issue in question is presently provided for
by the benefit plan which also gives rise to an inalienable right to lump-sum settlement.
At the end of March 2001, the Ministry of Labour, Social Affairs and Family submitted the European
Commission its entries into annexes to Council Regulations (EEC) No. 1408/71 and 574/72. The
work in this area is coordinated by a newly established inter-ministerial commission on the
coordination of social security systems – the commission was set up by the Minister of Labour,
Social Affairs and Family in November 2000. In June 2001, the Ministry of Labour, Social Affairs
and Family will submit information on the activities of the commission to the Government.


Existing administrative structures
    Social Insurance Agency established under Act No. 274/1994 Coll. on Social Insurance Agency


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     as amended is a public service institution administering sickness insurance, pension insurance
     and providing state supervision.6
    Institutional umbrella for the unemployment insurance system is provided by the National
     Labour Office consisting of the General Directorate, regional labour offices and district labour
     offices. State supervision is carried out by the Ministry of Labour, Social Affairs and Family SR
     and the Ministry of Finance.
    Health insurance is administered by the General Health Insurance Agency and other health
     insurance agencies. Health insurance agencies are subject to state supervision carried out by the
     Ministry of Health and the Ministry of Finance.
    Family benefits are presently administered by local state administration authorities, employers,
     the National Labour Office and the Social Insurance Agency.
    Death grants are administered by local state administration authorities.


Short-term priorities
   adopting a new law on health insurance
        DATE: 1 JANUARY 2002
   adopting a new law on child allowances
    Date: July 2002
   analysing the existing problems in the health insurance area and in the provision of statutory
    health care
    Date: 2001 (Consensus III)


   continuous updating of the Slovak Republic's entries for annexes to Council Regulations (EEC)
    No. 1408/71 and No. 574/72 on the implementation of social security systems
     Date: 2002


Medium-term priorities
   adopting a new law on social insurance
    DATE: 1 JANUARY 2003
   amending Act No. 123/1996 Coll. on supplementary pension insurance as amended by Act No.
    409/2000 Coll.
    Date: 2002



6
  Note: "The National Council of the Slovak Republic has been submitted a draft law whose Article II changes and
amends Act No. 274/1994 Coll. on Social Insurance Agency as amended. The draft envisages the expansion of
competencies of the Social Insurance Agency, effective 1 January 2002, by administering insurance of employers related
to their liability for damage caused by industrial accidents and occupational diseases, i.e. this type of insurance is
expected to be shifted from the commercial joint-stock company Slovak Insurance Company to a public service
institution. This is the first step to a new type of accident insurance".



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Administrative requirements
   building the capabilities of local state administration authorities, i.e. in the areas of material
    support, equipment and staff, to enable them to handle the agenda of non-contributory family
    benefits and to become the only state bodies administering these benefits
        DATE: 2002
   preparing the development of the system of unemployment benefit payment abroad, training the
    staff of the Ministry of Labour, Social Affairs and Family and of the National Labour Office for
    this area
    Date: 2002-2003
   support the inter-ministerial coordination working group consisting of all organisations
    administering social security, whose secretariat is at the Ministry of Labour, Social Affairs and
    Family
    Date: 2001 - 2004
   improvement of managerial and technical skills of the employees of the Ministry of Labour,
    Social Affairs and Family, Ministry of Health, Social Insurance Agency, National Labour Office,
    General Health Insurance Agency and other health insurance agencies, and of district authorities,
    to be able to apply Council Regulations (EEC) No. 1408/71 and No. 574/72
    Date: 2001-2002
   setting up special working groups whose members will be offered special training at the Ministry
    of Labour, Social Affairs and Family, Ministry of Health, Social Insurance Agency, National
    Labour Office, General Health Insurance Agency so as to be able to cope with the requirements
    of EU coordination mechanisms and to take necessary administrative and technical steps
    Date: 2001
   designating a liaison body for communication between institutions and communication between
    the recipients of benefits and institutions
    Date: 2002
   continuing to build the Central Database of Clients of the Social Insurance Agency – insured, as
    an integral component of the Comprehensive Information System of the Social Sphere which
    provides connection to the databases of other relevant sectoral institutions (National Labour
    Office, health insurance companies). The database will make it possible to establish insurance
    relationships with individual clients through their personal accounts.
    Date: 2001 - 2004


Financial requirements

                                                                          STATE BUDGET: SKK
Inter-ministerial coordination commission –                    2002
social security, strengthening of professional                            4.1 MILLION
and European integration units (Ministry of                           Consensus: MEURO 0.75
                                                               2004   State budget: SKK 0.5
Labour, Social Affairs and Family: 2002 – 2004
+ 10 persons)                                                         million

                                                               2002     STATE BUDGET: SKK
Reinforcing the staff of local and regional state
administration authorities (2002 – 2003: +                              118.4 MILLION
                                                               2003


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371,5 persons) for the purposes of handling the                       State budget: SKK 130.2
agenda of non-contributory family allowances                          million
Creation of Central Database of Clients in the                        Administrative fund of SIA:
                                                               2001   SKK 9.9 million
Social Insurance Agency (SIA) (2002 – 2004 +
80 persons):                                                   2002   SKK 43.8 million
                                                               2003   SKK 63.8 million
        -   personal accounts                                  2004   SKK 63.1 million
        -   verification of the system
Completing the building of the Social Insurance                       Administrative fund of SIA:
Agency – human resource development,                           2001   SKK 3.4 million
                                                               2002
training (2002 – 2004: + 9 persons)                                   SKK 3.6 million
                                                               2003   SKK 3.8 million
                                                               2004   SKK 3.9 million
Social Insurance Agency: strengthening (2002 -                        Administrative fund of SIA:
                                                               2001   SKK 2.7 million
2004: + 18 persons)
                                                               2002   SKK 9.8 million
- sickness and pension insurance                               2003   SKK 5.1 million
- accident insurance                                           2004   SKK 3.1 million
- liaison body for coordination
National Labour Office                                   2001-2004    National Labour Office:

- building administrative structures for the                          SKK 5.0 million
export of benefits
Ministry of Health (2002 – 2004: + 8 persons) –                2001   State budget: SKK 3.9
completing the building of health insurance                    2002   million
institutions and of their material and technical               2003       STATE BUDGET: SKK
                                                               2004       4.0 MILLION
basis
                                                                      State budget: SKK 0.9 million
                                                                      State budget: SKK 1.0 million
                                                                      Administrative fund:
Health Insurance Administration – running the
central register of policy holders, administration             2003   SKK 19.3 million
of special accounts and export of benefits (2003               2004   SKK 10.1 million
– 2004: + 30 persons)
General Health Insurance Agency (GHIA) –                              Administrative fund of GHIA:
                                                               2001   SKK 24.3 million
building capabilities for the export of benefits
(2003 – 2004: + 55 persons)                                    2003   SKK 60.7 million
                                                               2004   SKK 41 million
Common Health Insurance Company – building                            Administrative fund of the
capabilities for the export of benefits                               insurance company:
                                                               2001   SKK 4.9 million
                                                               2003   SKK 15.3 million
                                                               2004   SKK 23.0 million
Apollo Health Insurance Company – building                            Administrative fund of the
capabilities for the export of benefits (2003 –                       insurance company:
2004: + 14 persons)                                            2001   SKK 3.2 million
                                                               2003   SKK 10.2 million
                                                               2004   SKK 14.4 million
                                                                      Administrative fund of the
Sidéria Health Insurance Company– building


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capabilities for the export of benefits (2003 –                            insurance company:
2004: + 14 persons)                                             2001       SKK 3.2 million
                                                                2003       SKK 10.2 million
                                                                2004       SKK 14.4 million
Citizens' Health Insurance Company Dôvera –                                Administrative fund of the
                                                                           insurance company:
building capabilities for the export of benefits
(2002 –2004: + 4 persons)                                       2001       SKK 3.2 million
                                                                2003       SKK 10.2 million
                                                                2004       SKK 14.4 million

Chapter 3: Freedom to Provide Services

By its Resolution No 546/2000 of 12 June 2000, the Slovak Government adopted the negotiating
position of the Slovak Republic in respect of the Freedom to Provide Services Chapter. Subsequently,
the position paper was submitted to the European Commission and negotiations were opened on 22
November 2000. This chapter was preliminary closed on 17 May 2001. The Slovak Republic is
requesting one transitional period in the field of freedom to provide services, notably a 3-year
transitional period regarding the coverage of EUR 20,000 under the provisions of Article 4 of
Directive No 97/9/EC on investor-compensation schemes

FINANCIAL SERVICES

THE BANKING INDUSTRY

Current situation in banking sector

The Slovak banking sector composes of 23 banking institutions (i.e. 21 banks and 2 branches of
foreign banks) and 9 representative offices of foreign banks. The sector's subscribed capital,
including assigned capital provided by foreign banks to their branches (exclusive of the National
Bank of Slovakia) was SKK 53,997.6 million as of 31 December 2000. This included the banks'
subscribed registered capital of SKK 49,169.4 million and assigned capital provided by foreign banks
to their branches amounting to SKK 4,828.1 million. The share of foreign investors in the total
subscribed registered capital of the banks and assigned capital provided by foreign banks to their
branches went up from 24.56 per cent to 28.1 per cent at the end of 2000. A rise of
POLNOBANKA's registered capital increased the share of foreign investors in the banks' subscribed
registered capital, including assigned capital provided by foreign banks to their branches, to 30.7 per
cent7 as of 4 April 2001.

During the year 2000, the structure of the banking sectors' assets developed in a positive way. The
ratio between income-generating assets and the banking sectors' assets was 88.9 per cent as of 31
December 2000. The proportion of income-generating assets increased by 18.6 per cent on the
previous year's figure. The share of non-performing loans in total loans significantly dropped from
40.6 per cent in September 1999 to 15.3 per cent in December 2000 (exclusive of Konsolidacna
Bank).


7
  The transfer of the shares of Slovenska sporitelna to Die Erste Bank der Österreichischen Spaarkassen AG Wien
registered by the Centre for Securities on 5 April 2001 increases the share of foreign investors in the banks' registered
capital and assigned capital from 30.7 per cent to approximately 47 per cent.



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The Slovak banking sector reported net profits of SKK 4.5 billion (a profit of SKK 15.8 billion and a
loss of SKK 11.3 billion) as of 31 December 2000, which is a rise of SKK 34 billion on the last year's
figure.



Compared to the previous year, the overall capital adequacy ratio of the Slovak banking sector
(exclusive of Konsolidacna Bank) increased by 0.09 per cent to 12.54 per cent as of 31 December
2000. Detailed information on the present day conditions and status of the banking sector
privatisation and restructuring is provided in the section Economic Criteria.

Approximation of Law

The banking industry in Slovakia is mainly governed by the following acts and regulations:
   - Act No. 21/1992 Coll. on Banks as amended;
   - Act No. 118/1996 Coll. on Deposit Protection as amended by Act No. 154/1999 Coll.;
   - Act No. 310/1992 Coll. on Housing Mortgage Schemes as amended;
   - Act No. 566/1992 Coll. on the National Bank of Slovakia as amended,
   - Implementing rules - notably the National Bank of Slovakia (NBS) Provisions that lay down
       rules for the prudential pursuit of business of banks and foreign exchange operations and the
       Finance Ministry Provisions relating to the accounting of banks.

The above-specified pieces of legislation are partially compatible with the acquis. The
substantive proportion of the acquis governing this field is expected to be incorporated into Slovak
legislation by the end of 2002. This acquis will be fully implemented by Slovakia's accession to the
European Union.

Act No. 149/2001 Coll. on the National Bank of Slovakia modifying and amending Act No.
566/1992 Coll. on the National Bank of Slovakia came into effect on 1 May 2001. This amendment is
mainly designed to increase the independence of the NBS and specifies the Bank's primary objective,
which is to maintain price stability.

Furthermore, it contains provision governing financial services, particularly:
  framework provisions on supervision carried out by the National Bank of Slovakia in order to
     ensure the permanent alignment of these provisions with the provisions of specific laws, which
     already specify tasks implemented by the NBS in respect of the supervision of the banks, the
     branches of foreign banks, the Deposit Protection Fund and the holders of foreign exchange
     licences and permits (for instance, exchange offices),
  provisions introducing a framework of competencies and responsibilities necessary to launch
     supervision on a consolidated basis in respect of groups of entities operating in the banking
     sector (i.e. banks and their subsidiaries and parent companies). Detailed provisions on the
     performance of supervision on a consolidated basis are contained in an Act on Banks that is
     being drafted,
  provisions seeking to ensure co-operation between the National Bank of Slovakia and public
     authorities in the Slovak Republic and/or relevant authorities abroad and international
     organisations in the field of banking supervision,
  provisions laying down procedures to be applied by the NBS and its staff members when
     performing on-spot supervision.

Short-term priorities




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   adopt the new Act on Banks (to harmonise Slovak legislation with European Parliament and
    Council Directive No. 2000/12/EC on taking up and pursuit of business of credit institutions,
    European Parliament and Council Directive No. 93/6/EEC on capital adequacy of investment
    firms and credit institutions as amended by Council Directive No. 98/31/EC);

The purpose of this new Act on Banks is to harmonise the Slovak banking law with the acquis and
incorporate more Basle Core Principles governing banking supervision. To this end, the Act will
    - harmonise terminology on banking activities taking into consideration Council Directive No.
       2000/12/EC on taking up and pursuit of business of credit institutions;
    - contain provision on banking supervision on an individual as well as consolidated basis. The
       Act will set up clear-cut lines between these types of supervision. Under the Act, banking
       supervision on a consolidated basis does neither replace supervision of individual persons
       included in a consolidated unit nor banking supervision on an individual basis in respect of
       banks, other financial institutions and insurance companies. In respect of supervision on a
       consolidated basis, the National Bank of Slovakia will only be authorised to fine a non-
       banking institution within a consolidated unit for not allowing the Bank to perform on-spot
       supervision or for not providing information required. However, if the National Bank of
       Slovakia detects major shortcomings regarding pursuit of business by the consolidated unit,
       which are detrimental to depositors of such bank, the NBS will penalise the bank belonging to
       this consolidated unit;
    - provide for the exchanges of information between the banking supervisory bodies and the
       bodies in charge of supervision of financial institutions and insurance companies;
    - lay down licensing requirements to be met by applicants. In this respect, they will have to
       prove the transparent and due origin of registered capital and other financial resources, capital
       adequacy and appropriate structure. Any applicant for banking license will also have to
       document the competencies and reliability of persons proposed as members of the statutory
       body and the supervisory board of the bank. Banks as well as branches of foreign banks will
       have to comply with all licensing and eligibility requirements throughout their operations;
    - contain provisions on the minimum amount of registered capital. So far, such requirements
       have been laid down by a Provision of the National Bank of Slovakia;
    - contain new, important provision governing the rights and obligations of the Slovak Republic
       towards foreign banks based in the European Union wishing to operate either directly or by
       means of their branches in the Slovak Republic;
    - address the provision of banking services by foreign banks based in the European Union
       without holding a licence issued by the National Bank of Slovakia (the single licence
       principle);
    - provide for pursuit of business of Slovak banks in the European Union. The purpose of such
       provisions is to remove barriers to the freedom of banks and foreign banks to provide banking
       services in the European Union. However, these provisions will come into effect upon
       Slovakia's accession to the European Union;
    - impose a harsher requirement in respect of the internal organisation of banks in order to
       ensure a proper functioning of banking operations. Responsibilities have to be clearly defined
       in the by-laws of banks, which are also required to specify co-operation between the statutory
       body, the supervisory board and high-ranking officers of the bank;
    - specify the responsibilities of the members of statutory bodies of banks and their liability in
       case of breach of such responsibilities. The organisational structure of a bank will have to
       reflect the requirements for a sound and safe operation of the bank. These are, among others,
       the division of powers and responsibilities within the banks, the separation of the individual
       banking operations, internal audit, risk management, information system, fight against money
       laundering. The corporate governance principle is transposed into the law;



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National Programme for the Adoption of the Acquis 2001                                  Company Law


    -   harmonise requirements for the pursuit of business of banks with the Banking Directive of the
        European Union, for instance requirements applying to the acquisition of a stake in a non-
        banking legal person. The Act also contains newly-conceinved provisions on the adequacy of
        own funds, credit exposure and bank liquidity. So far such requirements and their
        corresponding amounts have been laid down in the Provisions of the National Bank of
        Slovakia and several of them will be transposed to the Act;
    -   sort out the problem of interpretation in respect of mortgages and deals in mortgages.

    Date: 1 July 2001

   adopt an amendment to Act No. 118/1996 Coll. on Deposit Protection, which will extend the
    scope of persons subject to the deposit guarantee scheme to natural persons – entrepreneurs and
    legal persons that are not established to pursue business. The amendment will also lay down
    unified requirements for compensations to be paid by banks and mortgage-savings organisations.
    At the same time, the amendment will also address other issues necessary to ensure the
    compatibility of Slovak law with the Directive, including the scope of persons to whom
    compensations are to be paid as well as the amount of compensation. However, such provisions
    will come to effect upon Slovakia's accession to the European Union.

    Date: 1 January 2002

   adopt an amendment to the Civil Code and the new Act on Banks. The amendment will abrogate
    bearer passbook accounts. The amendment will also lay down new requirements for banks in
    respect of checking the ownership of funds exceeding SKK 100,000 when a customer makes a
    payment via a bank.

Date: 1 July 2001

Medium-term priorities

   draft provisions and measures addressing the performance of supervision on a consolidated basis
    or to amend and modify the existing provisions on prudential pursuit of business and the relevant
    provisions governing supervision on a consolidated basis.

    Date: 1 January 2003

Administrative capacity

The Slovak Ministry of Finance and the National Bank of Slovakia are responsible for drafting
legislation governing the banking industry as well as the implementation of the relevant acquis.
Banking supervision is carried out by the National Bank of Slovakia in compliance with the EU
requirements. In light of the above mentioned and taking into consideration supervision on a
consolidated basis, there are no requirements to strengthen administrative capacity. Having regard
to Government Resolution No. 273 of 28 March 2001 on economic policy in relation to the Staff
Monitored Programme, the Minister of Finance in co-operation of the Governor of the NBS are
in charge of Task No. 8: "The Government will make a decision in respect of the institutional
arrangement o banking supervision" in May 2001.


Financial requirements




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   At present, the twinning project No. 98/IB/FI/01 called Capital Market Law-Financial Services
    Supervision-Insurance Supervision backed by a budget of Euro 865,000 is being implemented
    (over the period of 1 December 1999 to 30 November 2001). So far, approximately 50 – 60 per
    cent of allocated funds have been used.

   A project addressing bad loans funded by the Phare Programme under the Financing
    Memorandum 2000 is being implemented. This project focuses on one of the short-term priorities
    of the Accession Partnership and the National Programme for the Adoption of the Acquis, which
    is to "improve competitiveness through a market-driven restructuring of companies and a
    mechanism designed to recover bad loans, in particular." Under the project backed by a budget of
    Euro 2.5 million, Slovenska konsolidacna is the beneficiary of technical assistance.

   The draft Financing Memorandum 2001 is based on the short-tem priority 3.4 – Freedom to
    provide services – which seeks to strengthen and co-ordinate supervising institutions and
    procedures. The beneficiary of this project will be the Financial Market Office. The total amount
    of funds required is Euro 1.5 million. This project will require co-financing from state budget
    amounting to Euro 100,000.

   Taking into consideration its specific role and position, the National Bank of Slovakia is not
    requesting any special funds from state budget.

   The costs of the restructuring of the banks are expected to be covered by the World Bank EFSAL
    loan of USD 350 million.


THE INSURANCE INDUSTRY

Approximation of law

The insurance industry in Slovakia is mainly governed by the following acts and regulations:
   - Act No 24/1991 Coll. on the Insurance Industry as amended;
   - Ministry of Finance Decree No. 136/1996 Coll. as amended, which specifies the creation,
       use and allocation of insurance company reserves,
   - Ministry of Finance Order No. 4054/96-sekr of 30 December 1996 on the detection and
       documentation of solvency of insurance companies as amended,
   - Ministry of Finance Order No. 17312/99-63 amending Ministry of Finance Order No.
       4J054/96-sekr. on the detection and proofs of solvency of insurance companies as
       amended by Order No. 24846/97-94.
   - Civil Code No. 40/1964 Coll. as amended – notably Chapter XV,
   - Ministry of Finance Decree No. 423/1991 Coll. which specifies the scope and terms of
       statutory insurance against civil liability in respect of the use of motor vehicles (i.e. third
       party liability insurance) as amended,
   - Ministry of Finance Decree No. 280/1993 Coll. specifying terms and rates of statutory
       insurance against employers' liability in respect of accident at work or occupational disease as
       amended,
   - Act No. 329/2000 Coll. on the Financial Market Office and modifications and amendments to
       certain acts.

Act No. 101/2000 Coll. amending Act No. 24/1991 Coll. on the Insurance Industry (incorporating the
relevant provisions of Directives No. 73/239/EEC and No. 79/267/EEC), which came into effect on 1
April 2000, allows foreign insurance companies to pursue business in the Slovak Republic


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through their branches. The amendment also introduces provisions on insurance against selected risks
abroad not covered by domestic insurers. The amendment has also significantly strengthened the
responsibilities of the supervisory body, notably in the field of licensing and supervision. The powers
and responsibilities of the supervisory body have been extended to protect the justified interests of
the insured. The scope of information and reporting duties on part of insurance companies has also
been expanded. The amendment contains provisions on the activities of mediation in the insurance
business, lays down the registration requirement for insurance intermediaries, and defines the
actuary.

By its Resolution No 282/2000 of 3 May 2000, the Government adopted the Plan for the
development of the insurance industry in the Slovak Republic. Subsequently on 13 September
2000, the Government adopted the Plan for the privatisation of Slovenska poistovna as its
Resolution No 731/2000.

Short-term priorities

   adopt the Act on Obligatory Contractual Insurance Against Liability in Respect of the use of
    Motor Vehicles.

    Such Act will transpose the relevant provisions of Council Directives No. 72/166/EEC,
    84/5/EEC, 90/232/EEC and 2000/26/EC into Slovak legislation.

    The Act will transposes the provisions of Directive No. 84/5/EEC regarding benefits:
    - in the case of personal injury or death, 350 000 EUR where there is only one victim;
       where more than one victim is involved in a single claim, this amount shall be multiplied
       by the number of victims,
    - in the case of material damage, 100,000 EUR.

    The Act also introduces the Insurers' Bureau, which also covers the Guarantee Fund to
    compensate the victims of car accidents if an injured person is not entitled to claim
    compensation from a specific insurer. This also applies to damages caused by the use of an
    unknown or uninsured motor vehicle as well as a foreign motor vehicle insured upon
    entering the territory of the Slovak Republic. The obligation to take an insurance upon
    entering the territory of the Slovak Republic will not apply to foreign motor vehicles
    coming from the countries that are members of the Green Card Office or that are not
    subject to Multilateral agreement on guarantees. The Bureau will also act as the Green
    Card Office. This means that the Bureau will represent the Slovak Republic in respect of
    the international motor car insurance system (the Green Card System) and fulfil ensuing
    obligations.

    The Act provides for the legal protection of an aggravated party by giving it the right for
    compensation from the insurer with whom the party that caused the damage made an
    insurance policy and by introducing the Guarantee Fund on the side of liability insurers
    belonging to the Insurers' Bureau.

    These major provisions are significant efforts to transpose the acquis in this area to Slovak
    legislation that will be fully harmonised upon Slovakia's accession to the European Union.

    Date: 1 July 2001

   adopt the re-codified Act No 24/1991 Coll. on the Insurance Industry


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    The re-codification of the Insurance Act based on the adopted Plan for the development of the
    insurance industry in the Slovak Republic will align Slovak legislation on coinsurance and
    reinsurance with the relevant EU Directives. The new Act will also expand the scope of
    information and reporting duties of insurance companies to meet the standard applicable in the
    developed market economies. It will also introduce the requirement of the approval of the
    supervisory body of persons proposed for statutory bodies and supervisory boards of insurance
    companies, including any modifications thereto. Under this Act, the supervisory body will also
    approve or disapprove a bid of a natural or legal person wishing to acquire a qualified stake or
    increase its existing stake (20%, 33%, 50%). This will allow to gradually moving from the
    requirement of the approval of the supervisory body of the terms and conditions of insurance and
    any modifications thereto.

    This re-codification will transpose the following acquis into Slovak legislation: Council Directive
    No. 78/473/EEC, Council Directive No. 64/225/EEC, Council Directive No. 92/49/EEC
    amending Council Directives No. 73/239/EEC and 88/357/EEC and Directive No 92/96/EEC
    introducing modifications to Directives No 79/ No. 267/EEC and No. 90/619/EEC, Council
    Directive No. 92/49/EEC and Council Directive No. 92/96/EEC.

    Date: 1 January 2002

Administrative capacity

By operation of Act No 329/2000 Coll. the Financial Market Office was established on 1 November
2000 (see the Investment Services and Securities Section) which supervises the commercial
insurance companies and the capital markets.

The adoption of the Act on Obligatory Contractual Insurance against Liability in Respect of the Use
of Motor Vehicles will require setting up the Insurers' Bureau and a Central Register of Motor
Vehicles.




Financial requirements

At present, the twinning project No 98/IB/FI/01 called Capital Market Law-Financial Services
Supervision-Insurance Supervision backed by a budget of Euro 865,000 is being implemented (over
the period of 1 December 1999 to 30 November 2001). So far, approximately 50 – 60 per cent of
allocated funds have been used.


INVESTMENT SERVICES AND SECURITIES

Approximation of law

The field of investment services and securities in Slovakia is mainly governed by the following acts
and regulations:
   - Act No 600/1992 Coll. on Securities (partially compatible with the acquis);
   - Act No 330/2000 Coll. on the Stock Exchange;



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    -   Act No 385/1999 Coll. on collective investment (fully implemented the minimum
        standards for the pursuit of business in the area of collective investment in securities as
        referred to by the Directive on UCITS (Articles 1 – 44, Annexes A and B) as well as the
        rules governing the responsibilities of the supervisory body (Articles 49 – 51). The
        provisions directly related to EU membership have not been transposed, notably: the
        mutual recognition of licenses (Article 46) and the division of responsibilities between
        the supervisory bodies of the EU Member-States with regard to cross-border sale of
        units (Article 52)).


Slovak legislation will be fully harmonised with the acquis in this field as of the date of Slovakia's
accession to the European Union, except for Article 4 of Directive No. 97/9/EC on investor-
compensation schemes in respect of which the Slovak Republic is requesting a 3-year transitional
period.


Adopted measures

A new adopted Act No 330/2000 Coll. on the stock exchange came into effect on 1 November
2000. Taking into consideration the Plan for the development of the capital market in the Slovak
Republic adopted by the Government in its Resolution No 672 of 11 August 1999, this legislation:
   - governs the admission of securities to trading on the Stock Exchange,
   - introduces more strict requirements for the listing of securities,
   - unifies legislation on public securities markets by incorporating provisions on public market
       operation from the Securities Act to the Stock Exchange Act.

The Stock Exchange Act also contains provisions regarding Article 70 of the European Agreement
on Association – Financial Services.

        The Financial Market Office was constituted by Act No. 329/2000 Coll. on the Financial
Market Office, which came into effect on 1 November 2000. The Financial Market Office has
responsibilities in the field of the capital market and insurance industry. The following are the
responsibilities of the Financial Market Office:
a) the state supervision of the capital markets and insurance sector,
b) making decision regarding the rights, legally protected interest and duties of legal and natural
    persons in the field of the capital markets and insurance sector,
c) keeping and publishing the list of entities licensed by the Financial Market Office,
d) co-operating with the Ministry of Finance in the area of financial policy formulation and
    implementation. In this particular area, the Financial Market Office contributes to:
    1. the analyses of capital markets and insurance sector
    2. the preparation of plans for the development of the capital markets and insurance sector,
    3. the preparation of generally binding regulations in the field of the capital markets and
        insurance sector.
g) co-operation with other countries' supervisory bodies in the area of the capital markets and
    insurance sector.

Short-term priorities

   adopt the new Act on Securities




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    The Securities Act transposes the rules on the provision of investment services laid down by
    Directive No. 93/22/EEC on investment services in the securities field and the rules of the
    capital adequacy of investment firms and credit institutions laid down by Directive No.
    93/6/EEC. The Act will also contain provisions directly related to Slovakia's membership in
    the European Union (notably provisions regarding the mutual recognition of licenses held
    by investment firms). Such provisions are expected to come into effect as of the date of
    Slovakia's accession to the European Union. Furthermore, the Act also seeks to create
    legislative prerequisites for the introduction of investor-compensation schemes (Directive
    No. 97/9/EC).

    Date: 1 January 2002

   adopt the new Act on the Financial Market Office

    The new Act on the Financial Market Office will address the legal status of the Office and its
    financing.

    Date: 1 January 2002

Medium-term priorities

   adopt an amendment to the Act on Collective Investment – in order to fully harmonise Slovak
    legislation with the acquis

    Date: 1 January 2003

   adopt an amendment to the Act on Stock Exchange - in order to fully harmonise Slovak
    legislation with the acquis

    Date: 1 January 2003

Administrative capacity

The Slovak Ministry of Finance in co-operation with the newly established Financial Market
Office are in charge of the implementation of legislation. Furthermore, the Financial Market
Office supervises the capital markets and insurance industry. By delegating powers and
responsibilities for the supervision of the capital markets and insurance industry from the
Ministry of Finance to the Financial Market Office, 53 staff members of the Ministry were
transferred and became the employees of the Office. The Office is expected to have
approximately 80 employees at the end of 2001, while supervision of the insurance sector needs
to be strengthened mostly. It is expected that the Office will hire more staff in the years to
come, notably 90 employees in 2002, 10 in 2003 as well as in 2004.

Financial requirements

At present, the twinning project No. 98/IB/FI/01 called Capital Market Law-Financial Services
Supervision-Insurance Supervision backed by a budget of Euro 865,000 is being implemented (over
the period of 1 December 1999 to 30 November 2001). So far, approximately 50 – 60 per cent of
allocated funds have been used.




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The requirement of new staff for the Office will require a significant increase in financing. The
operation of the Office in 2001 will amount to SKK 74 million, SKK 241 million in 2002, SKK 352
million in 2003 and SKK 364 million in the year 2004.


PERSONAL DATA PROTECTION

The Slovak Republic has made significant efforts to sign and ratify Convention 108. To this end, the
fact that Act No 52/1998 Coll. on Personal Data Protection in Information Systems is fully aligned
with Convention 108 was very helpful. Following the necessary legislative procedures, the President
ratified the Convention on 24 August 2000.

During the year 2000, efforts were made to fully implement the Act on Personal Data Protection. The state supervisory
body for personal data protection carried out all tasks specified by the Act. The annual report on personal data protection
was prepared. The Government and Parliament approved the Report in December 2000.




Short-term priorities

   adopt an amendment to Act No. 52/1998 Coll. on Data Protection in Information Systems


    Such amendment will fully transpose Council Directive No. 95/46/EC on the protection of
    individuals with regard to automatic processing of personal data.

    Date: 1 January 2002




Administrative capacity


The amendment to Act No. 52/1998 Coll. on Data Protection in Information Systems, which is to
come into effect on 1 January 2002, will fully harmonise Slovak legislation with Council Directive
No. 95/46/EC on the protection of individuals with regard to automatic processing of personal data.
To implement the amendment to the Act and thus the acquis, the Section for the registration of
information systems containing personal data will be merged with the State supervision of personal
data protection resulting in one organisational unit. Under the applicable Act, the Statistical Bureau is
in charge of such registration and the Plenipotentiary along with the Inspection Section, which are
part of the Office of the Government, are in charge of state supervision. The implementation of the
acquis will require extending control competencies of the State supervision to the information
systems of the Police Corps. The implementation of new tasks and expanded competencies will
require hiring 8 employees for the State supervision in 2002.



Financial requirements


The recruitment of new staff members, the acquisition of additional premises and technical equipment for the State
supervision of personal data protection to be able to implement new tasks resulting this acquis will require increasing the




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State supervision's budget by SKK 3,649,000 in the year 2002. Funds allocated from state budget will have to go up by
SKK 367,000 in 2003 and SKK 404,000 in 2004 on a year-on-year basis in order to reflect the expected rate of inflation.



RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES FOR
CRAFTSMEN, TRADERS AND FARMERS, SALES AGENTS

This field in Slovakia is mainly governed by the following acts, which are partially compatible with
the acquis:
    -   Act No. 455/1991 Coll. - the Small Trade Licence Act,
    -   Act No. 513/1991 Coll. - the Commercial Code.


Short-term priorities

   adopt an amendment to Act No. 513/1991 Coll. – the Commercial Code.


    Such amendment will fully transpose Council Directive No. 86/653/EC on the provision of services by independent
    sales agents.


    Date: 1 January 2002


Medium-term priorities

   adopt an amendment to Act No. 455/1991 Coll. – Small Trade Licence Act – and other regulations governing
    specific activities.


    Such legislation will fully transpose the acquis in respect of the right of establishment and freedom to provide
    services for craftsmen, traders and farmers.




    Date: 1 January 2003


INFORMATION SOCIETY SERVICES


Short-term priorities

   adopt the Act on Electronic Signature


    Such legislation will transpose Council Directive No. 1999/93/EC on a Community framework for electronic
    signatures to the Slovak legal system.


    Date: 1 January 2002


Medium-term priorities



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   adopt the Act on Electronic Commerce


    Such legislation will transpose the Council Directive on electronic commerce to the Slovak legal system.


    Date: 1 January 2003


Administrative and financial requirements


The adoption of the Act on electronic signature will require increasing the competencies of the National Security Office,
which will be the central body of state administration in respect of electronic signature. Such increase in competencies
will also require the funding of the Office from state budget – notably, SKK 140 million in respect of set-up and basic
equipment and SKK 44 million to cover annual operating costs. This new competence of the National Security Office in
respect of electronic signature will require increasing its staff by 10.




Chapter 4: Free Movement of Capital
Current situation

Due to the short existence of its capital market, the Slovak Republic's legislation is not fully
compatible with that of the European Union. The key goals of the ongoing reform of the capital
market in the Slovak Republic include the revival of the capital market, renewal of investor's trust
and adaptation of the Slovak Republic's capital market to the requirements for accession to the EU
and requirements arising from membership in the OECD.

The Government approved the negotiating position on the Free Movement of Capital chapter on 23
August 2000 through Resolution No. 677/2000. Subsequently, the position paper was submitted to
the European Commission and negotiations on the chapter were opened on 14 November 2000.
Originally, the Slovak Republic requested two transitional periods for the Free Movement of Capital
chapter, namely:
       - a 5-year transitional period for the acquisition of ownership rights to real estate used as
            secondary residences by citizens of the European Economic Area States,
       - a 10-year transitional period for the acquisition of agricultural and forest land in the
            Slovak Republic by citizens and enterprises from the European Economic Area States.

At the 15 March 2001 session of the Government of the Slovak Republic, the Government expressed
its agreement with the abolishment of the request for a 5-year transitional period for the acquisition
of ownership rights to real estate used as secondary residences by citizens of the European Economic
Area States through Resolution No. 254/2001.

    THE FREE MOVEMENT OF CAPITAL ACQUIS AND ITS COVERAGE BY THE LEGISLATION
    IN FORCE IN THE SLOVAK REPUBLIC:

Implementation of Article 56 of the Treaty establishing the European Community:
 Foreign Exchange Act No. 202/1995 Coll. as amended by later regulations,
 Ministry of Finance and National Bank of Slovakia Decree No. 390/1999 Coll. implementing
   certain provisions of the Foreign Exchange Act as amended by Ministry of Finance and National
   Bank of Slovakia Decree No. 477/2000 Coll.,


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   Act on Bonds No. 530/1990 Coll. as amended by later regulations,
   Collective Investment Act No. 385/1999 Coll.,
    Act on Securities No. 600/1992 Coll. as amended by later regulations,
    Stock Exchange Act No. 330/2000 Coll.,
    National Bank of Slovakia Measure No. 1/2000 laying down the procedure for places of foreign
     exchange for transfers from abroad, to foreign banks and vis-à-vis non-residents.

European Parliament and Council Directive No. 97/5/EC of 27.1.1997 on cross-border credit
transfers is covered by the following legislation in the Slovak Republic:
 Commercial Code No. 513/1991 Coll. as amended by later regulations,
 National Bank of Slovakia Decree No. 275/1994 Coll. on the principles of inter-bank transactions
    as amended by later regulations,
 General Terms of Business laying down the principles for the maintenance of bank accounts,
    payments and settlement of these accounts.

Council Directive No. 91/308/EC of 10.6.1991 on the prevention of the use of the financial system
for the purpose of money laundering is covered by the following national legislation in the Slovak
Republic:
 Act No. 367/2000 Coll. on the Protection Against the Legalisation of Proceeds of Criminal
    Activity,
 Act on Securities No. 600/1992 Coll. as amended by later regulations,
 Act on Banks No. 21/1992 Coll. as amended by later regulations,
 Civil Code No. 40/1964 Coll. as amended by later regulations,
 Penal Code No. 140/1961 Coll. as amended by later regulations,
 National Bank of Slovakia Decrees No. 5/2001 and 6/2001 laying down the conditions for
    operating as a bank or branch office of a foreign bank.

European Parliament and Council Directive No. 98/26/EC on settlement finality in payment and
securities settlement systems is covered by the following legislation in the Slovak Republic:
 Foreign Exchange Act No. 202/1995 Coll. as amended by later regulations,
 Ministry of Finance and National Bank of Slovakia Decree No. 390/1999 Coll. implementing
   certain provisions of the Foreign Exchange Act as amended by Ministry of Finance and National
   Bank of Slovakia Decree No. 477/2000 Coll.,
 Act on Banks No. 21/1992 Coll. as amended by later regulations,
 Bankruptcy and Composition Act No. 328/1991 Coll. as amended by later regulations,
 Act on Securities No. 600/1992 Coll. as amended by later regulations,
 National Bank of Slovakia Decree No. 275/1994 Coll. on the principles of inter-bank transactions
   as amended by later regulations,
 Commercial Code No. 513/1991 Coll. as amended by later regulations.

European Parliament and Council Directive No. 85/611/EEC on UCITS is covered by the following
legislation in the Slovak Republic:
 Collective Investment Act No. 385/1999 Coll.

European Parliament and Council Directive No. 89/592/EEC of 13 November 1989 coordinating
regulations on insider dealing is covered by the following legislation in the Slovak Republic:
 Act on Securities No. 600/1992 Coll. as amended by later regulations.




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Acts and amendments covering the are of free movement of capital adopted in 2000:

Act No. 329/2000 Coll. on the Financial Market Office and on amendment to certain laws was
adopted, effective from 1.11.2000. On the basis of the adopted act, the Financial Market Office,
which oversees the capital market and insurance, was established.

Effective from 1.11.2000, new Stock Exchange Act No. 330/2000 Coll. was adopted. In accordance
with the "Concept for the Development of the Capital Market in the Slovak Republic", approved
through Governmental Resolution No. 672 of 11.8.1999, this legal regulation:
    - removed the limitation of foreign participation in the equity capital of the Stock Exchange,
    - makes the requirements for the listing of stock stricter,
    - unifies legislation on the issue of public securities markets by incorporating the legislation on
        the organisation of the public market into the Act on Securities and Stock Exchange Act.

The Stock Exchange Act includes provisions contained in Article 70 of the European Agreement on
Association - Financial Services.

Effective from 1.1.2001, an amendment to the Foreign Exchange Act (Act No. 442/2000 Coll.)
and Decree No. 477/2000 Coll. amending Ministry of Finance and National Bank of Slovakia Decree
No. 390/1999 Coll. implementing certain provisions of the Foreign Exchange Act were adopted.
These legislative norms liberalised the area of collection and provision of short-term loans with
maturity shorter than 1 year. The same applies to guarantees and financial back-up facilities with
maturity shorter than 1 year and the issuance of bonds with maturity shorter than 1 year abroad. In
addition, this amendment means further liberalisation in the field of the acquisition of real estate
necessary for obtaining business premises for non-residents with place of business in a member state
of the European Union or Organisation for Economic Co-operation and Development and an
organisational unit established in the Slovak Republic.

Effective from 1.1.2001, Act No. 332/2000 Coll. Amending Act No. 194/1990 Coll. on Lotteries
and Other Similar Games as amended by later regulations was adopted. On the basis of this
amendment, the state's compulsory capital participation in companies operating betting games in
casinos was abolished and the restriction on the capital participation of foreign persons in companies
operating consumer lotteries was removed.

The issue of payments

At present, there is no special legal norm in the Slovak Republic concerning the issue of
payments. The conditions for transactions in the territory of the Slovak Republic are laid down
through National Bank of Slovakia Decree No. 275/1994 Coll. on the principles of inter-bank
transactions, and partially through the Commercial Code, Civil Code and General Terms of Business
for Commercial Banks.

Foreign transactions are realized on the basis of contracts between Banks and clients in line with the
provisions of the Commercial Code or the General Terms of Business, while using SWIFT
procedures concerning the charges between senders and recipients.

European Parliament and Council Directives No. 97/5/EC on cross-border credit transfers and No.
98/26/EC on settlement finality in payment and securities settlement systems, as well as Commission
Recommendation No. 97/489/EC on electronic payment instruments, will be implemented within the
framework of a new Act on Payments, or by amending certain related legal regulations currently in
force, using the following timetable:


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        1st stage - by the end of June 2001 - analysis of the relevant directives and the
        recommendation and related Slovak legal regulations, consultations on the relevant legislation
        in European Union Member States, proposal of the form of the legal regulation.

        2nd stage - by the end of December 2001 - elaboration of the legislative objective for the draft
        new act, or partial amendments to existing acts.

        3rd stage - by the end of April 2002 - submission of the draft wording of the act, or partial
        amendments to existing acts following the internal review proceedings at the National Bank
        of Slovakia Directorate.

        4th stage - by the end of December 2002 - the process of approval of the draft act, or partial
        amendments to existing laws.

The introduction of RTGS (Real Time Gross Settlement) principles will be a major change in the
Slovak Republic's payment system infrastructure. In 2000, the National Bank of Slovakia completed
its analysis of RTGS systems in selected EU countries and elaborated a preliminary internal proposal
of the future RTGS system's basic functionalities. At the beginning of February 2001, the National
Bank of Slovakia Directorate approved the strategy for the application of the RTGS system in the
conditions of the Slovak Republic and the organisation and timetable of the pre-project preparations.
According to this strategy, detailed requirements for the RTGS system's functionalities should be
elaborated by the end of November 2001 in close co-operation with the banking sector. These
requirements will be used as a basis for the elaboration of the project's concrete outline.

The issue of money laundering

In line with its commitment declared in the negotiating position, the Slovak Republic transposed an
essential section of Directive No. 91/308/EEC on the prevention of the use of the financial system for
the purpose of money laundering in substantial advance into new Act No. 367/2000 Coll. on the
Protection against the Legalisation of Proceeds of Criminal Activity approved by the National
Council of the Slovak Republic on 5 October 2000 and effective from 1 January 2001. This act
abolished the term dubious banking operation and introduced a new term - unusual business
transaction, extended the notification obligation to include all financial institutions, introduced
control and law enforceability instruments, and provided financial institutions and the financial police
with the possibility of withdrawing unusual business transactions. This act simultaneously amended
the banking act by abolishing the exception from the obligation to require the verification of identity
from clients when handling with bearer-type deposit instruments, and abolished Act No. 249/1994 on
Countering the Legalisation of Proceeds from the Most Serious, Particularly Organised Forms of
Crime and Ministry of the Interior Decree No. 181/1997 Coll. on dubious banking operations. This
legal regulation abolished the anonymity of banking products in the Slovak Republic effective from 1
January 2001. From this date, banks operating in the Slovak Republic are obliged to verify the
identity of every client for any banking transaction or banking service with the exception of currency
exchange machines (which make it possible to anonymously exchange a limited amount of money).

A draft new Act on Banks (expected to enter into force on 1 July 2001) imposes the obligation to
examine the ownership of funds used by clients for every transaction exceeding SKK 100,000 on
banks. The ownership of funds is examined through a binding written declaration from the client, in
which he must state whether these funds are owned by him and whether he is making the transaction
for his own account. If another person owns these funds or the transaction is being made for the
account of another person, the client is obliged to state identification data on this person in the


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declaration and present written consent from this person with the use of the funds for the transaction
and with carrying out the transaction for his own account. If the client fails to meet these obligations,
the bank is obliged to refuse to make the requested transaction.

In addition to the abolishment of the anonymity of banking and other financial products, amendments
to the relevant provisions of the Civil Code and the securities act, which are expected to enter into
force on 1 July 2001, will also abolish bearer deposit products (bearer savings accounts, the various
types of bearer deposit certificates, and other similar deposits in the form of bearer securities).
Following the entry into force of the amendment to the Civil Code, it will no longer be possible to
open passbooks or issue other deposit instruments in bearer form in the Slovak Republic. It will only
be possible to transform bearer deposits in banks made before the relevant amendment's entry into
force into registered deposits or make withdrawals. The deposit relationship for bearer deposits made
before the amendment's entry into force will be terminated in accordance with the conditions laid
down by law, i.e. if the depositor does not handle the deposit for 20 years or present the passbook for
update of records. The depositor can require the payment of the balance from a terminated account
within the prescription period (three years). Upon the bearer's request, banks will be obliged to
transform, free of charge, all bearer deposit into registered deposits within one year of the entry into
force of the amendment to the Civil Code.

Short-term priorities

 adopt an amendment to the Civil Code and a new Act on Banks

    Through the amendment to the Civil Code, bearer deposits will be abolished in compliance with
    Council Directive No. 91/308/EC on the prevention of the use of the financial system for the
    purpose of money laundering. Upon the bearer's request, banks will be obliged to transform, free
    of charge, all bearer deposits with the bank into registered deposits within one year of the
    amendment's entry into force. The new banking act will introduce the requirement to examine the
    ownership of funds for every transaction exceeding SKK 100 000.

    Date: 1 July 2001

   adopt a new Act on Securities

    The new act will re-codify Securities Act No. 600/1992 Coll. and create conditions for the
    development of the capital market in the Slovak Republic in accordance with EU law and the
    requirements arising from membership in the OECD.

    Date: 1 January 2002

   adopt a new Ministry of Finance decree implementing certain provisions of Foreign Exchange
    Act No. 202/1995 Coll. as amended by later regulations.

    This will concern the liberalisation of operations with foreign securities of issuers whose
    securities are not traded on the prime market of a foreign stock exchange.

Date: 1 January 2002




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Medium-term priorities

   adopt an amendment to the Foreign Exchange Act as amended by later regulations
    The amendment will liberalise the following areas:
    - the acquisition of real estate in Slovakia, with the exception of agricultural and forest land, by
       natural persons - entrepreneurs - from EEA and OECD countries for the purpose of
       undertaking,

    Date: the date of Slovakia's accession to the EU (however, on 1 January 2006 at the latest)

    -   the acquisition of real estate in Slovakia, with the exception of agricultural and forest land, by
        non-residents from EEA and OECD countries.

Date: the date of Slovakia's accession to the EU

   The following liberalisation steps will be made by amending the Ministry of Finance and
    National Bank of Slovakia decrees implementing certain provisions of the Foreign Exchange Act
    No. 202/1995 Coll. as amended by later regulations:
           - removal of the remaining restrictions related to operations with securities and
              operations with financial derivatives

                Date: 1 January 2003

            -   liberalisation of the acquisition of real estate by Slovak residents in EEA countries

                Date: 1 January 2004

            -   abolishment of the restrictions concerning the obligation of Slovak residents to
                transfer finance acquired abroad to Slovakia, operations related to financial accounts
                of Slovak residents maintained abroad and residents' operations with foreign
                currencies abroad

                Date: 1 January 2004

   adopt an amendment to Decree No. 136/1996 Coll. concerning the generation, use and method of
    allocation of insurance companies' reserves as amended by later regulations (abolishment of the
    limitation related to investment in foreign securities by insurance companies)

Date: 1 January 2003

   adopt an amendment to Act No. 123/1996 Coll. on Supplementary Pension Insurance of
    Employees as amended by later regulations

    Date: 1 January 2003

   adopt an amendment to Act No. 194/1990 Coll. on Lotteries and Other Similar Games
    (abolishment of the restrictions on foreign capital participation in companies operating lotteries
    and other similar games)

    Date: 1 January 2004



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   adopt an amendment to Energy Act No. 70/1998 Coll. (abolishment of the restriction, on the basis
    of which the licence for undertaking in energy sectors can only be granted to natural persons with
    permanent residence in the Slovak Republic or legal persons with place of business in the Slovak
    Republic)

Date: 1 January 2004

 fully align the Act on Securities with Council Directives No. 93/22/EEC and 93/6/EEC.

Date: 1 January 2004

   incorporate the relevant directives related to payment systems into the Slovak Republic's
    legislation (Act on Payments or amendments to the relevant legal regulations).

    Date: 1 January 2004 (the date of Slovakia's accession to the EU)

Administrative and financial needs

The Ministry of Finance of the Slovak Republic and the National Bank of Slovakia holds the
responsibility for the adoption of a section of the free movement of capital acquis. Under Foreign
Exchange Act No. 202/1995 Coll. as amended by later regulations, the Ministry of Finance of the
Slovak Republic has the competences of a foreign exchange authority vis-à-vis other ministries and
central state administration bodies, state budgetary and semi-budgetary organisations, special purpose
state funds, legal persons linked to the state budget through financial relations, and vis-à-vis
municipalities and budgetary and semi-budgetary organisations established by them. The National
Bank of Slovakia has the competences of a foreign exchange authority vis-à-vis other residents and
non-residents.

         The National Bank of Slovakia grants foreign exchange permits and licences in cases when
         Foreign Exchange Act so requires, is the authority towards which residents and non-residents
         fulfil their notification obligation, performs foreign exchange controls, and imposes penalties
         for breaches of foreign exchange regulations.

Since 1.11.2000, the newly established Financial Market Office has carried out the regulation and
state oversight of capital market and insurance entities. Within the framework of its competences, the
Financial Market Office performs state oversight of capital market and insurance entities, co-operates
with the Ministry of Finance in the creation and implementation of financial policy and creation of
generally binding legal regulations on the capital market and insurance, co-operates with foreign
oversight authorities in the fields of capital market and insurance, and performs other activities
stipulated by law and special regulations.




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The National Bank of Slovakia holds competences related to the supervision of the operation of
banks.

The National Bank of Slovakia plays a key role in the management and co-ordination of payments in
the Slovak Republic. The central bank's responsibility and rights are defined in Act No. 566/1992
Coll. on the National Bank of Slovakia. Within the framework of inter-bank transactions, the
National Bank of Slovakia looks after the final settlement of payment transactions within the inter-
bank payment system and thus plays the role of a clearing agent for the Slovak Republic's inter-bank
payment system.

The Slovak Republic's inter-bank payment system is based on the existence of a single clearing
centre, where all banks are bound by law to make domestic payments via this clearing centre. The
clearing centre is not an organisational unit of the National Bank of Slovakia; it is a separate legal
entity in the form of a joint stock company called Banking Clearing Centre of Slovakia, a.s. (BZCS,
a.s.), whose majority shareholder is the National Bank of Slovakia and other shareholders include
commercial banks and the Ministry of Finance. BZCS, a.s. is responsible for the processing of
payment transactions and its role is to create technical conditions for the processing of inter-bank
payments in the Slovak Republic.

The management and co-ordination of foreign transactions are regulated by an amendment to the
National Bank of Slovakia Act, which entered into force on 1 May 2001. It ascribes the competences
for the management and co-ordination of foreign transactions to the National Bank of Slovakia.

The Financial Police Office of the Police Force Presidium's Criminal and Financial Police
Administration (further referred to just as the FPO) was established at the Ministry of Finance in
1996. The main subject of the FPO's activities is the detection, investigation and documentation of
crimes that are very dangerous to the society and are prevailingly committed in an organised form. In
connection with the adoption of new Act No. 367/2000 on the Protection against the Legalisation of
Proceeds of Criminal Activity, the FPO's Financial Intelligence Department focuses on the detection
and documentation of the legalisation of proceeds from the most serious, especially organised, forms
of crime and ensures the reception, recording, analysis, evaluation and application of the information
acquired from notifications of unusual business transactions from a broad range of entities.

The FPO's activities are carried out by 16 analysts with experience from the field of money
laundering. It is planned to increase the number of employees to 20 in 2001.

Since June 1997, when Ministry of the Interior Decree No. 181 of 28 June 1997 on dubious banking
operations entered into force (it was abolished effective from 1.1.2001 through Act No. 367/2000 on
the Protection Against the Legalisation of Proceeds of Criminal Activity), 1,150 cases of dubious
banking operations have been reported and in around 6% (approx. 70) of cases, investigators from the
relevant investigation office initiated criminal proceedings.


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In view of the current stage of preparation, it is not possible to realistically identify the financial and
administrative requirements for the introduction of the RTGS system or establishment of a body
responsible for the handling of customer complaints. Preparatory work is currently underway in this
area.
    CHAPTER 5: COMPANY LAW
The Negotiating Position of the Slovak Republic in respect of Chapter 5 – Company Law – was
adopted by the Slovak Government on 31 October 2000 and it was delivered to the European
Commission on 14 November 2000. This chapter was preliminary closed on 17 May 2001.

The Slovak Republic accepts the acquis under this chapter as in force on 31 December 1999, and is
prepared to fully implement it by 1 January 2004, being set as the reference date of its accession to
the European Union.

At present, Slovak legislation is not fully compatible with the acquis. It is expected that full
harmonisation with the acquis in this field will be achieved by 1 January 2003. New accounting law
providing for full compatibility with the acquis will be adopted and come into effect on 1 January
2003. The Slovak Republic declares its interest to accede to the Lugano Convention. In the field of
intellectual property, the Slovak Republic has achieved full compatibility with the EU legislation by
amending the Copyright Act effective from 1 August 2000. The full compatibility of Slovak
legislation with the acquis in the field of industrial property rights requires to adopt the new Act on
patents and supplementary protection certificates, which shall come into effect on 1 July 2001, and to
accede to the European Patent Organisation not later than 1 July 2002.

The Industrial Property Office is responsible for the protection of industrial property rights, the
Ministry of Culture is competent in the field of intellectual rights protection, the company law is
under the jurisdiction of the courts, the Ministry of Finance is responsible for combating piracy in the
field of customs. Although the Slovak Republic considers this administrative infrastructure sufficient,
there is the need to strengthen commercial registers in terms of technical and human resources and to
set up specialised councils and courts to settle disputes arising from and in connection with industrial
property rights.

Company law
Slovak legislation will be fully harmonised with the acquis in the field of company law by adopting
an amendment to the Commercial Code. Such amendment is expected to come into effect on 1
January 2002.

The above-mentioned amendment will incorporate the following EU Directives:

   First Council Directive No 68/151/EEC on company law,
   Second Council Directive No 77/91/EEC on company law,
   Third Council Directive No 78/855/EEC on company law,
   Sixth Council Directive No 82/891/EEC on company law,
   Eleventh Council Directive No 89/666/EEC on company law,
   Twelfth Council Directive No 89/667/EEC on company law,
   Council Directive No 86/653/EEC on self-employed sales agents.




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This legislation will make Slovak company law fully compatible with the above-specified Directives.
In this field, the Slovak Ministry of Justice is actively using assistance provided by Austria within the
scope of a twinning project. The achievement of this objective has been has been facilitated by a
working group composed of representatives of the Ministry of Justice, Prosecution General Office
and an Austrian expert provided under the twinning project. At its regular meetings, the working
group analyses the above-mentioned Directives and incorporates them into Slovak company law
and/or the Civil Code.

The harmonisation of law requires proper technical equipment. Commercial registers have to be
properly equipped to be able to publish necessary information. This means that register courts have to
be furnished with good-quality copying machines so that they could issue copies of deeds kept in the
collection. This objective of harmonisation could be supported by the project called the
Modernisation of Courts, which was submitted by the Ministry of Justice within the scope of the
twinning programme. Council Regulation No 2137/85/EEC of 25 July 1985 on the European
Economic Interest Grouping (EEIG) is close to notion of a grouping of persons governed by Chapter
XVI of the Slovak Civil Code. What makes the implementation of this Regulation more difficult is
the fact that traditionally such grouping has the nature of property without legal personality and vice
versa. On the other hand, Regulation 2137/85 in its Article 1, paragraph 2 refers to the legal capacity
of a grouping from the date of its registration, although paragraph 3 of the same article gives the
Member States freedom to make decisions as to the legal personality of such groupings or not.
Taking into account the above mentioned as well as Article 4, paragraph 1 referring to registered
office within the European Union (and not outside the Union, for instance in an associated country),
the transposition of Regulation No 2137/1985 into Slovak civil law will be addressed during the
process of re-codification (for instance, as a specific type of grouping). Another option to be
considered is the implementation of this Regulation into Slovak commercial law if the Re-
codification committee decides so. It is expected that the Regulation will be incorporated into the
Slovak legal system in 2003, i.e. prior to the date set as the reference date of Slovakia's accession to
the European Union. Such procedure is also recommended by Chapter XV of the White Paper under
which the above-mentioned Regulation should be implemented during the second stage.

In respect of the Commercial Register, it is necessary to adopt provisions on the publication
(provision of copies) of documents referred to in the First Directive (Articles 2 – 3) to anybody
applying for a copy of the documents of companies registered in the Companies Register (and/or to
consider setting up a Collection of Deeds). Such legislation is still lacking and company documents
held in registration files are not publicly accessible. Efforts are made to adopt such legislation by the
end of 2001.

The Ministry of Justice intends to press ahead with the principle according to which substantive legal
provisions regarding the Commercial Register would not be modified by means of indirect
amendments as they could have a negative impact on register proceedings.

On 2 October 2000, the trial operation of the electronic version of the Commercial Register for the
district of the Regional Court of Bratislava was launched on web site http://www.orsk.sk. Here, data
on companies that are mandatory registered in the Commercial Register, i.e. companies whose
establishment, change or termination have to be entered into the Commercial Register. Such data are
publicly accessible and provided free of charge. Data from all companies' registers have been
available since 1 January 2001.

In parallel, the concept of creating a single automated companies register system is being developed. The objective is to
link all eight existing commercial registers with a central one in order to enable real time company data exchange. This




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National Programme for the Adoption of the Acquis 2001                                                Company Law

commercial register system should be developed and linked into one functional information network by the end of 2001
so that it will be possible to join the European Business Register (EBR) Project.


Bankruptcy legislation

With a full understanding of the need to introduce a properly functioning bankruptcy proceedings
system in Slovakia, to reduce the time needed for bankruptcy proceedings before courts and to
provide for an efficient restructuring of potentially viable companies, the Parliament adopted an
amendment to the Bankruptcy and Composition Law. This new law (Act No 238/2000 Coll.)
came into effect on 1 August 2000 aiming at eliminating the above-mentioned shortcomings.

The amendment eliminates procedural shortcomings of bankruptcy proceedings, replaces the
liquidating bankruptcy by the bankruptcy reconstructing a bankrupt company, increases the authority
and powers of a trustee in bankruptcy, notably in respect of the reconstruction of the company,
improves the position of creditors, specifies terms and conditions and criteria to be met in respect of a
bankruptcy order. The amendment also introduces comprehensive auction rules (including auction
sales other than judicial auction sales) as well as many other important legal instruments designed to
speed up bankruptcy proceedings. The amendment took into consideration the specific characteristics
of banking business. In addition to the above specified, it should be noted that a decree on the
valuation of enterprises was adopted, which is not only used for the purpose of bankruptcy
proceeding, but for all legal procedures requiring an objective evaluation of assets. Furthermore, the
amendment is also accompanied by partial amendments that had to be adopted in respect of
provisions on social security and other systems, the Labour Code, fiscal and business regulations.

In the field of accounting, Act No 228/2000 Coll. amending Act No 73/1992 Coll. on auditors and
the Slovak Chamber of Auditors came into effect on 1 August 2000. This amendment has removed
all restrictions imposed on auditing. It has also cancelled the three-year rotation principle and the
three-year period for testing applied to auditors.

A new accounting act, which will provide for full compatibility with the acquis, in particular the
Fourth Directive 78/660/EEC, the Seventh Directive 83/349/EEC and the Eighth Directive
84/253/EEC will be adopted. It will come into effect on 1 January 2003.


Rome and Brussels Conventions

The Slovak Republic has been gradually moving towards accession to the Brussels and Lugano
Conventions. In legislative terms, there are not substantial barriers to accession because under Article
2 of Act No 97/1963 Coll. such international agreements take precedence over domestic laws. This
monistic theory allows implementing international agreements (including the Lugano, Rome and
Brussels Conventions) in the Slovak Republic without their transposition into national legislation.
The Brussels Convention was transposed into a regulation. Under Article 7, paragraph 2 of
Constitutional Act No 90/2001 Coll., regulations as legal acts of the European Union will take
precedence over Slovak laws following Slovakia's accession to the European Union. For this reason,
the Brussels and Rome Conventions will not require any modifications to national legislation. In
respect of the Lugano Convention, the ongoing negotiations are expected to bring about
modifications to this Convention. The negotiations should be completed by the end of this year.


Short-term priorities




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National Programme for the Adoption of the Acquis 2001                                      Company Law


   adopt the amendment to the Commercial Code Act No 513/1991 Coll.
    Date: 1 January 2002

   adopt the amendment to the Code of Civil Judicial Procedure Act No 99/1963
    Date: 1 January 2002

   interconnect Commercial Register into one functional information network
    Date: 1 January 2002

   issue administrative rules and procedures for district and regional courts
    Date: 1 July 2001

  elaborate an Analyse the impact and efficiency of the amended Bankruptcy and Composition Act
   on the business community
Date: 1 July 2001

Medium-term priorities

   adopt a new Act on Accounting
    Date: 1 January 2003

  implement the Council Regulation No 2137/85/EEC on the European Economic Interest
   Grouping (EEIG) into the Commercial and Civil Codes
Date: 1 January 2003

Intellectual property rights
Intellectual property protection

In the field of intellectual property rights, Slovakia has achieved full compatibility with the acquis.
The amendment to the Copyright Act (Act No. 234/2000 Coll.), which came into effect on 1 August
2000, added the legal protection of databases which are not creative in terms of their selection or
organisation of their content (Articles 7 –17 of Council Directive 96/9/EC on the legal protection of
databases) into the legal order of the Slovak Republic. This amendment also reflects the WIPO
Copyright Treaty and the WIPO Performances and Phonograms Treaty which amend the
international legal protection of legitimate objects and holders of rights under the Bern Convention
and the Rome Convention with respect to the development of new digital technology, notably the
Internet. The Slovak Republic ratified the WIPO Copyright Treaty and the WIPO Performances and
Phonograms Treaty on 14 January 2000.


Fight against piracy

Currently, the Slovak Republic is preparing a draft law on measures relating to imports, exports and
re-exports of goods that violate certain intellectual and industrial property rights. Such legislation
seeks to improve the protection of the internal market against the import of counterfeit and pirated
products. This act will come into effect on 1 July 2001.


Short-term priorities


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National Programme for the Adoption of the Acquis 2001                                                Company Law



   adopt the act on measures related the import, export and re-import of goods that violate certain
    intellectual and industrial property rights
    Date: 1 July 2001

Industrial property
The present day conditions

General patent law

The field of the patent protection of inventions will be fully compatible with the acquis as well as the
European Patent Agreement as of 1 July 2002 when the provisions of the Patent Law regarding the
European patent and supplementary protection certificates on medicines and plant protection
products will come into effect. The Slovak Republic has been invited to accede the European Patent
Organisation based in Munchen as of 1 July 2002.


Protection of industrial property rights to pharmaceuticals

Slovakia as part of the former Czechoslovak Federal Republic1 was the first country in Central and
Eastern Europe which introduced the patent protection of pharmaceutical products by adopting Act
No 527/1991 Coll., which came into effect on 1 January 1991. Before this Act, patents on
manufacturing procedures were also available in the field of medicines and the protection of such
procedures has applied to products obtained directly by using such procedures.

The introduction of the substance patent protection to pharmaceutical products was accompanied
with interim provisions (for the period of 1 January 1991 to 31 December 1991) allowing applying
for substance patent protection to pharmaceutical and chemical products patented abroad. This was
possible under Article 82 of Act No 527/1990 Coll.(pipeline protection). This interim patent
protection was used in 234 cases. The period of such protection will apply as if an application was
filed in the former Czechoslovak Republic and to patents obtained under the previous act (i.e. 16
years from the recognised priority).

By Act No 527/1990 Coll. the Slovak Republic established a general 20-year period for patents,
including pharmaceutical products. It is obvious that pharmaceutical require additional protection due
to the specific nature of the patent procedures and introduction of medicines to the markets as well as
time-consuming research and testing.

A draft re-codified act on patents is already in the pipeline. The Act is expected to come into effect
on 1 September 2001. The new Act also addresses the issues of the European Patent Application and
European Patent. It also governs the legal protection of biotechnological inventions (Council
Directive No 98/44/EC of 6 July 1998) and introduces SPCs for medicines and plant protection
products as laid down by Council Regulation (EEC) No 1768/1992 of 18 June 1992 and Council
Regulation (EC) No 1610/96 of 23 July 1996. Such certificates allow the patent holders to extend
protection by 5 years at maximum. This re-codification will fully harmonise the patent protection of
pharmaceutical products in Slovakia with the EU requirements.

1
  Under the previous regime (i.e. before November 1989), it was not possible to grant patents to chemically produced
substances (so-called subtance protection).



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At present, Act No 140/1998 Coll. on medicines and medical aids as amended provides for the
protection of pharmaceutical products in compliance with Article 39 of the TRIPs Agreement and
Article 8 of Council Directive No 65/65/EEC as amended by Directive No 87/21/EEC.

Trade marks

The amendment to Act No 55/1997 Coll. on trade marks, which will come into effect on 1 January
2002, seeks to eliminate shortcomings in respect of the implementation of Council Directive No
89/104/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to
trade marks. The Slovak Republic will be ready to implement Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark upon its accession to the European Union since
this Regulation only applies to the regional registration system of trade marks in the European Union.

Protection of topographies of semiconductor products

New Act No 146/2000 Coll. on the protection of topographies of semiconductor products, which
came into effect on 1 July 2000, provides for a full harmonisation of Slovak legislation with Council
Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor
products and related Council Decisions concerning the extension of legal protection of topographies
of semiconductor products.


Industrial designs

The re-codification of patent law will separate provisions on patents on those governing industrial
design, which will be harmonised with Council Directive No 98/71/EC of 13 October 1998 on the
legal protection of designs.

Designation of origin

An amendment to Act No 159/1973 Coll. on the protection of indication product origin, which will
come into effect in the first half of 2003, will harmonise Slovak legislation with Council Regulation
(EEC) No 2081/92 of 14 July 1992 on the geographical indication and indication of origin of
agricultural products and food.


Institutional framework
The Slovak Industrial Property Office is fully competent and equipped to implement the acquis in
this field. With respect to the strengthening of the enforcement of industrial property rights, an
amendment to Act No 80/1992 Coll. on the offices and districts of courts in the Slovak Republic
and/or a new act on the organisation of the judiciary will set up a specialised nation-wide judicial
body to settle disputes relating to the legal protection of industrial property rights. On 23 August
2000, the Government adopted a plan for the concentration of industrial-legal agenda with one court
with nation-wide competencies and powers. This approach should be implemented as part of
legislative measures for the year 2001.

The Ministry of Culture has competencies in the area of intellectual property rights and the Ministry
of Finance and Customs Administration are responsible for combating piracy in the field of customs.


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National Programme for the Adoption of the Acquis 2001                                                  Company Law




Short-term priorities

   adopt the Act on patents and supplementary protection certificates (i.e. the Patent Act)
    Date: 1 September 20018

   adopt the amendment to Act No 55/1997 Coll. on trade marks
    Date: 1 January 2002

     MEDIUM-TERM PRIORITIES

To fully harmonise Slovak legislation on industrial property rights with the acquis.

   Harmonisation of legal provisions concerning the protection of industrial designs (Act No.
    527/1990 on Inventions, Industrial Designs and Rationalisation Proposals) with Council Directive
    No 98/71/EC of 13.10.1998 on the legal protection of designs
    Date: 1 October 2002

  harmonise Act No 159/1973 Coll. on the protection of indication of product origin with Council
   Regulation (EEC) No 2081/92 of 14 July 1992 on the geographical indication and indication of
   origin of agricultural products and food
Date: 1 July 2003




8
 The Patent Act will come into effect on 1 September 2001, except for provisions governing the European patent and
supplementatry protection certificates, which will come into effect on 1 July 2002.


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Administrative and financial requirements

INSTITUTION                  COMPETENCIES                                            20019             200210           2003
                                                                              No. of Expenditure No. of Expenditu No. of Expenditur No. of
                                                                              staff   s          staff   res      staff  es         staff
                                                                                      [SKK '000]         [SKK            [SKK
                                                                                                         '000]           '000]
Company law
      Ministry of           -
                          The implementation of the                           18        13,635.5          16            0       0   0     0
       Justice            Modernisation of the Judiciary                      16        23,000
                          Project;
                      - The Creation of the Collection of
                          Deeds;
                      - The Completion of the Obchodny
                          vestnik (Commercial Journal) in
                          terms of material-and-technical and
                          human resources
Intellectual property protection
 Ministry of         The implementation of the acquis in                     *         *                 *             *       *   *     *
    Finance           the field of fight against piracy and
                      counterfeiting
Industrial property protection
 Industrial          The implementation of the acquis in                     4         1,692             -             960.7   -   424   -
    Property Office the field of industrial property rights
                      TOTAL:                                                  22        15,327.5          16            960.7   0   424   0
*Implementation of the acquis in the field of fight against piracy in specified in Chapter 25
Additional information on Chapter 5 – the Collection of Deeds – Requirements for material-and-technical
and human resources necessary to operate the Collection of Deeds at the Companies Register to be funded
by the state budget
The implementation of the Modernisation of the Judiciary Project and the Completion of the
Obchodny vestnik (Commercial Journal) of the Ministry of Justice in terms of material-and-
technical and human resources will require approximately SKK 14 million to complete the
Companies register system in accordance with the amendment to the Commercial Code.
The above-specified amount will cover the following costs:
Cost of human resources:
To study the requirements for the creation of the Collection of Deeds at each court – 2 court
officials with A level exam-secondary education who will be in charge of file and record
keeping, copying, electronic data archiving and supervision of the public consulting
documents.
Taking into consideration increasing agenda and requirements, each register court should get
additional two staff members in 2002. This will be reflected in the requirements for salaries
and entailing social dues.

Material-and-technical resources for each register:
1. 1 high-capacity copy machine with built-in scanner (to ensure transition to the electronic
   format of the Collection of Deeds). Estimates of service: 100 people a day, each requiring
   copy services for 20 pages - i.e. 2,000 copies a day, which is approximately 750,000
   black-and-white copies a year

9
    The 2001 data are absolute firgures reflecting the planned number of staff and expenditures.
10
     The 2002 – 2004 data represent an increase and/or decrease on the previous year's figure.


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National Programme for the Adoption of the Acquis 2001                           Competition Policy


2. 1 personal computer Pentium III and a laser printer for electronic data archiving. In 2002,
   a rise in staff will require additional Pentium III computer with a laser printer.
3. Obligatory archive equipment for long-term storage of deeds and electronic documents in
   line with the relevant regulations.
4. Office furniture (tables, chairs, cupboards).
5. Consumable material for the copy machine and the office, the maintenance of machines
   (the copy machine and computer)
6. Construction modifications to offices.

State budget income (Return on investment):
Court fee of SKK 10 per copy – i.e. 10 x 2,000 x 300 days = SKK 6 million
Chapter 6: Competition Policy


Chapter 6 – Competition policy – was opened in May 2000 and has not been closed yet. The
Antimonopoly Office is in charge of this field in the Slovak Republic.

The Slovak Republic accepts and is prepared to fully implement the acquis under the chapter
Competition by 1 January 2004, being set as the reference date for its accession to the EU. In
2000, the European Union communicated outstanding issues to the Slovak Republic. In this
respect, Slovakia prepared additional information on antitrust, state aid, exclusive and special
rights and state monopolies of commercial nature.

Act No 188/1994 Coll. on the protection of competition as amended was not fully harmonised
with the acquis in the field of competition. New Act No 136/2001 Coll. on the protection of
competition, which was adopted by the Slovak Parliament on 27 February 2001, came into
effect on 1 May 2001. The purpose of this new legislation was the need to respond to
modifications to the relevant acquis, which has been adopted since 1994 when the Slovak Act
was adopted as well as the need to strengthen the independence of the Slovak Antimonopoly
Office. This Act provides for the full transposition of the acquis to primary national
legislation.

Act No 231/1999 Coll. on state aid, which came into effect on 1 January 2000, is partially
compatible with the acquis. An amendment to the State Aid Act, which will align Slovak
legislation with the acquis, will come into effect on 1 January 2002. The amendment will
govern the provision of state aid in the field of support to employment in sensitive sectors
(such as the steel industry, the shipbuilding industry, the motor vehicle industry and the textile
fibres industry) and regional aid.

ANTITRUST
In light of the European Commission's requirement to improve and harmonise national
competition legislation with the acquis, notably agreements restricting competition, the de
minimis rule and exceptions to agreements restricting competitions with regard to agriculture
and negative clearance, the Parliament adopted Amendment No 121/2000 to the Competition
Protection Act, which came into effect on 13 April 2000. This amendment addresses the issue
of agreements restricting competitions in line with the acquis. It also introduced the principle
of negative clearance and the de minimis rule and removed the exemption from the general
ban of agreements restricting competition in agriculture.



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National Programme for the Adoption of the Acquis 2001                         Competition Policy


In 2000, the Slovak Antimonopoly Office elaborated and submitted a new act on protection of
the competition seeking to harmonise primary national competition legislation with the
acquis. This new Act No 136/2001 Coll. was adopted by the Parliament on 27 February 2001
and came into effect on 1 May 2001.

At the same time, the Antimonopoly office also elaborated decrees to the Act on the
protection of competition. These implementing decrees lay down the requisites of
concentrations notification to the Office and the calculation of turnover for the control of the
concentrations. Both sets of implementing rules were adopted and came into effect on 1 May
2001.

Exclusive and special rights are granted in the Slovak Republic in the following sectors:
transport, postal services, telecommunications, insurance, water management, radio and
television. The Slovak Republic shall gradually reduce the existing scope of special and
exclusive rights with a view to attain such a level of these rights, which is essential for the
provision of public services.

State monopolies of commercial nature have been replaced by a flexible licensing system,
which does not permit any "permanent" exclusive and special import or export rights, as this
system does not allow to grant any permanent licence for the import and export of certain
goods.


Medium-term priorities

   adopt a decree on group exemptions for agreements restricting competition
    Date: 1 December 2002


STATE AID
The principal piece of legislation governing the provision state aid in the Slovak Republic is
Act No 231/1999 Coll. on state aid, which came into effect on 1 January 2000. This Act is
partially compatible with the acquis. It is expected that the Act will be fully aligned with the
acquis on 1 January 2002. To this end, the Act will be amended in respect of the provisions of
state aid in the area of employment reflecting the Guidelines on aid to employment 95/C
334/04 and Guidelines on national regional aid 98/C 74/06. At the same time, the amendment
will contain provisions on state aid to sensitive sectors (the steel industry, the ship-building
industry, the motor vehicle industry and the textile fibres industry) and regional aid so that
they will fully reflect the requirements of the acquis.

Act No 231/1999 Coll. on state aid also applies to state aid projects and programmes which
were launched before 1 January 2000, i.e. before the State Aid Act came into effect, and
would be completed after 1 January 2000. Under Article 25, paragraph 1 of the Act, the
Slovak State Aid Office issues Decisions on unjustified grant of state aid. This decision-
making is subject to general rules and regulations on administrative proceedings, unless the
law stipulates otherwise.

By operation of Act No 231/1999 Coll. on state aid, the State Aid Office was set up as of 1
January 2000 as a body of state administration in charge of the assessment, evaluation,


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National Programme for the Adoption of the Acquis 2001                           Competition Policy


approval of state aid, the control of state aid provision and state aid record-keeping. The 2000
state budget earmarked SKK 29.7 million to ensure the operation of the Office. The Phare
Programme provides other source of funds amounting to SKK 1.5 million to acquire
necessary technical equipment. In this respect, the Slovak Republic made a commitment in
the 1999 Financing Memorandum to co-finance the creation and equipment of the State Aid
Office. Such co-financing amounts to Euro 2 million over the period of 2001 to 2002. The
2001 state budget has earmarked SKK 12.5 million for the operation of the Office.

The State Aid Office began to introduce necessary structures and the procedures of approval,
monitoring and control in respect of the provision of state aid. The Office also carries out
other related tasks such as record keeping (inventory), the preparation of standardised annual
reports on provided state aid, the recording of approved and rejected applications for state aid
as well as notices of state aid provided. The State Aid Office designed a programme to record
minimal state aid for the year 2000, drew up the overview of approved and rejected state aid
in the year 2000 and made this information available on the Office's web site
(http://www.usp.sk) as well as in the Obchodny vestnik (Commercial Journal). The Office
will complete the overall records on state aid by 30 June 2001.

During the year 2000, the State Aid Office was equipped with material, technical and staff
resources so that it may operate in line with the requirements of the State Aid Act. In late
October 2000, the Office reached the projected staff number of 30 for the year 2000.

In 2000, the State Aid Office assessed and approved 51 applications for the provision of state
aid, which were published in the Commercial Journal.

The State Aid Office elaborated the Report on state aid provided in 1998 and following
consultations with the relevant Directorate General of the European Commission, the Report
was approved by the Slovak Government on 31 January 2001. The Report was sent to the
Commission on 30 March 2001.

The State Aid Office elaborated the first draft of regional map in December 2000, which was
sent for review to the relevant Directorate General of the European Commission.

The overview of state aid granted over the period of 1998 to 2000:

Year                                     Total amount of state aid provided [SKK]

1998                                      6,820,859,000
1999                                     15,241,096,000
2000                                       6,101,741,956

In the year 2000, state aid could not be granted without prior approval by the State Aid Office
(except for minimum aid provided under Article 3 of the State Aid Act). The set-up and
operation of the State Aid Office ensures a higher level of transparency in the field of state aid
provision as all types of state aid (direct as well as indirect) are subject to approval by the
Office.

Short-term priorities

   adopt the amendment to the State Aid Act


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   National Programme for the Adoption of the Acquis 2001                           Competition Policy


       Date: 1 January 2002

      Report on state aid granted in the year 2000
       Date for approval by the Slovak Government: 30 September 2001
       Date for submission to the European Commission: 31 December 2001

      elaborate of State aid inventory overview
       Date: 30 June 2001



   Medium-term priorities

      prepare and submit to the Slovak Government the Report on State aid granted in 2001
       Date: 30 September 2002

      submit the Report on State aid granted in 2001 to the Commission following the
       discussion on the Report
       Date: 31 December 2002

       The above-mentioned priority in respect of the years 2002 and 2003 will be implemented
       on an on-going basis in line with Article 28, paragraphs 3 and 4 of Act No 231/1999 Coll.
       on state aid.

      Material and technical development of the State Aid Office
       Date: by 31 December 2002

      increase transparency and data flow in respect of state aid monitoring
       Date: by 31 December 2002

      improve co-ordination of training among all levels of state administration
       Date: by 31 December 2002


INSTITUTIONAL FRAMEWORK

   ANTITRUST

   As a central body of state administration, the Antimonopoly Office has powers and
   competencies in the field of the protection and support of competition in the Slovak Republic.
   The new Act on competition protection provides for a larger independence of the
   Antimonopoly Office. The Act governs the position, election and recall of the chairman of the
   Office who is appointed for a fixed 5-year term by the President upon the Government's
   proposal. Furthermore, the new Act also introduces a collective body – the Board of the
   Office. The Council reviews the first instance decisions made by the Office and decides on all
   extraordinary and regular remedies. The members of the Board are appointed for a 5-year
   term by the Government. The above-mentioned provisions are contained in the new
   Competition Protection Act, which came into effect on 1 May 2001.




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National Programme for the Adoption of the Acquis 2001                                        Competition Policy


The Ministry of Transport, Postal Service and Telecommunications and the Ministry of
Agriculture are in charge of the transposition of the competition acquis in the fields of
telecommunications, transport and agriculture.


STATE AID

The State Aid Office as a body of state administration was set up by operation of Act No 231/1999 Coll. on state
aid. The Director of the Office is appointed and recalled by the Parliament upon the Government's proposal. His
term of office is 5 years. The Office is authorised to require information from the relevant state bodies,
municipalities, companies and other natural and legal persons provided that such information is necessary
to assess the compliance of state aid provision with the Act. These persons are obliged to provide such
information without any delay.



For the year 2001, the State Aid Office is requesting to increase its number of staff by 15 to 45 in line with the
human resources plan.




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Administrative and financial requirements


INSTITUTION                  COMPETENCIES                                              200111                     200212                   2003
                                                                              No. of     Expenditures    No. of    Expenditures   No. of    Expenditures   No. of
                                                                              staff      [SKK '000]      staff     [SKK '000]     staff     [SKK '000]     staff
Antitrust
 Antimonopoly               -   The implementation of the rules on           32         8,151           10        2,604          -         95             -
    Office                       competition
                             -   The inquiry of anti-competition practices
State aid
 State Aid Office           The control and evaluation of provided state
                             aid                                              45         20,172          15        6,174          0         2,635          0
                             TOTAL:                                           77         28,323          25        8,778          0         2,730          0


Chapter 6: Competition Policy


Chapter 6 – Competition policy – was opened in May 2000 and has not been closed yet. The
Antimonopoly Office is in charge of this field in the Slovak Republic.

The Slovak Republic accepts and is prepared to fully implement the acquis under the chapter
Competition by 1 January 2004, being set as the reference date for its accession to the EU. In
2000, the European Union communicated outstanding issues to the Slovak Republic. In this
respect, Slovakia prepared additional information on antitrust, state aid, exclusive and special
rights and state monopolies of commercial nature.

Act No 188/1994 Coll. on the protection of competition as amended was not fully harmonised
with the acquis in the field of competition. New Act No 136/2001 Coll. on the protection of
competition, which was adopted by the Slovak Parliament on 27 February 2001, came into
effect on 1 May 2001. The purpose of this new legislation was the need to respond to
modifications to the relevant acquis, which has been adopted since 1994 when the Slovak Act
was adopted as well as the need to strengthen the independence of the Slovak Antimonopoly
Office. This Act provides for the full transposition of the acquis to primary national
legislation.

Act No 231/1999 Coll. on state aid, which came into effect on 1 January 2000, is partially
compatible with the acquis. An amendment to the State Aid Act, which will align Slovak
legislation with the acquis, will come into effect on 1 January 2002. The amendment will
govern the provision of state aid in the field of support to employment in sensitive sectors
(such as the steel industry, the shipbuilding industry, the motor vehicle industry and the textile
fibres industry) and regional aid.

ANTITRUST
In light of the European Commission's requirement to improve and harmonise national
competition legislation with the acquis, notably agreements restricting competition, the de
minimis rule and exceptions to agreements restricting competitions with regard to agriculture
and negative clearance, the Parliament adopted Amendment No 121/2000 to the Competition

11
     The 2001 data are absolute figures in respect of the planned number of staff and expenditures.
12
     Data over the period of 2002 – 2004 reprent an increase and/or decrease on the previous year's figure .


                                                         136
National Programme for the Adoption of the Acquis 2001                         Competition Policy


Protection Act, which came into effect on 13 April 2000. This amendment addresses the issue
of agreements restricting competitions in line with the acquis. It also introduced the principle
of negative clearance and the de minimis rule and removed the exemption from the general
ban of agreements restricting competition in agriculture.

In 2000, the Slovak Antimonopoly Office elaborated and submitted a new act on protection of
the competition seeking to harmonise primary national competition legislation with the
acquis. This new Act No 136/2001 Coll. was adopted by the Parliament on 27 February 2001
and came into effect on 1 May 2001.

At the same time, the Antimonopoly office also elaborated decrees to the Act on the
protection of competition. These implementing decrees lay down the requisites of
concentrations notification to the Office and the calculation of turnover for the control of the
concentrations. Both sets of implementing rules were adopted and came into effect on 1 May
2001.

Exclusive and special rights are granted in the Slovak Republic in the following sectors:
transport, postal services, telecommunications, insurance, water management, radio and
television. The Slovak Republic shall gradually reduce the existing scope of special and
exclusive rights with a view to attain such a level of these rights, which is essential for the
provision of public services.

State monopolies of commercial nature have been replaced by a flexible licensing system,
which does not permit any "permanent" exclusive and special import or export rights, as this
system does not allow to grant any permanent licence for the import and export of certain
goods.


Medium-term priorities

   adopt a decree on group exemptions for agreements restricting competition
    Date: 1 December 2002


STATE AID
The principal piece of legislation governing the provision state aid in the Slovak Republic is
Act No 231/1999 Coll. on state aid, which came into effect on 1 January 2000. This Act is
partially compatible with the acquis. It is expected that the Act will be fully aligned with the
acquis on 1 January 2002. To this end, the Act will be amended in respect of the provisions of
state aid in the area of employment reflecting the Guidelines on aid to employment 95/C
334/04 and Guidelines on national regional aid 98/C 74/06. At the same time, the amendment
will contain provisions on state aid to sensitive sectors (the steel industry, the ship-building
industry, the motor vehicle industry and the textile fibres industry) and regional aid so that
they will fully reflect the requirements of the acquis.

Act No 231/1999 Coll. on state aid also applies to state aid projects and programmes which
were launched before 1 January 2000, i.e. before the State Aid Act came into effect, and
would be completed after 1 January 2000. Under Article 25, paragraph 1 of the Act, the
Slovak State Aid Office issues Decisions on unjustified grant of state aid. This decision-


                                                   137
National Programme for the Adoption of the Acquis 2001                           Competition Policy


making is subject to general rules and regulations on administrative proceedings, unless the
law stipulates otherwise.

By operation of Act No 231/1999 Coll. on state aid, the State Aid Office was set up as of 1
January 2000 as a body of state administration in charge of the assessment, evaluation,
approval of state aid, the control of state aid provision and state aid record-keeping. The 2000
state budget earmarked SKK 29.7 million to ensure the operation of the Office. The Phare
Programme provides other source of funds amounting to SKK 1.5 million to acquire
necessary technical equipment. In this respect, the Slovak Republic made a commitment in
the 1999 Financing Memorandum to co-finance the creation and equipment of the State Aid
Office. Such co-financing amounts to Euro 2 million over the period of 2001 to 2002. The
2001 state budget has earmarked SKK 12.5 million for the operation of the Office.

The State Aid Office began to introduce necessary structures and the procedures of approval,
monitoring and control in respect of the provision of state aid. The Office also carries out
other related tasks such as record keeping (inventory), the preparation of standardised annual
reports on provided state aid, the recording of approved and rejected applications for state aid
as well as notices of state aid provided. The State Aid Office designed a programme to record
minimal state aid for the year 2000, drew up the overview of approved and rejected state aid
in the year 2000 and made this information available on the Office's web site
(http://www.usp.sk) as well as in the Obchodny vestnik (Commercial Journal). The Office
will complete the overall records on state aid by 30 June 2001.

During the year 2000, the State Aid Office was equipped with material, technical and staff
resources so that it may operate in line with the requirements of the State Aid Act. In late
October 2000, the Office reached the projected staff number of 30 for the year 2000.

In 2000, the State Aid Office assessed and approved 51 applications for the provision of state
aid, which were published in the Commercial Journal.

The State Aid Office elaborated the Report on state aid provided in 1998 and following
consultations with the relevant Directorate General of the European Commission, the Report
was approved by the Slovak Government on 31 January 2001. The Report was sent to the
Commission on 30 March 2001.

The State Aid Office elaborated the first draft of regional map in December 2000, which was
sent for review to the relevant Directorate General of the European Commission.

The overview of state aid granted over the period of 1998 to 2000:

Year                                     Total amount of state aid provided [SKK]

1998                                      6,820,859,000
1999                                     15,241,096,000
2000                                       6,101,741,956

In the year 2000, state aid could not be granted without prior approval by the State Aid Office
(except for minimum aid provided under Article 3 of the State Aid Act). The set-up and
operation of the State Aid Office ensures a higher level of transparency in the field of state aid



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   provision as all types of state aid (direct as well as indirect) are subject to approval by the
   Office.

   Short-term priorities

      adopt the amendment to the State Aid Act
       Date: 1 January 2002

      Report on state aid granted in the year 2000
       Date for approval by the Slovak Government: 30 September 2001
       Date for submission to the European Commission: 31 December 2001

      elaborate of State aid inventory overview
       Date: 30 June 2001



   Medium-term priorities

      prepare and submit to the Slovak Government the Report on State aid granted in 2001
       Date: 30 September 2002

      submit the Report on State aid granted in 2001 to the Commission following the
       discussion on the Report
       Date: 31 December 2002

       The above-mentioned priority in respect of the years 2002 and 2003 will be implemented
       on an on-going basis in line with Article 28, paragraphs 3 and 4 of Act No 231/1999 Coll.
       on state aid.

      Material and technical development of the State Aid Office
       Date: by 31 December 2002

      increase transparency and data flow in respect of state aid monitoring
       Date: by 31 December 2002

      improve co-ordination of training among all levels of state administration
       Date: by 31 December 2002


INSTITUTIONAL FRAMEWORK

   ANTITRUST

   As a central body of state administration, the Antimonopoly Office has powers and
   competencies in the field of the protection and support of competition in the Slovak Republic.
   The new Act on competition protection provides for a larger independence of the
   Antimonopoly Office. The Act governs the position, election and recall of the chairman of the
   Office who is appointed for a fixed 5-year term by the President upon the Government's
   proposal. Furthermore, the new Act also introduces a collective body – the Board of the


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Office. The Council reviews the first instance decisions made by the Office and decides on all
extraordinary and regular remedies. The members of the Board are appointed for a 5-year
term by the Government. The above-mentioned provisions are contained in the new
Competition Protection Act, which came into effect on 1 May 2001.

The Ministry of Transport, Postal Service and Telecommunications and the Ministry of
Agriculture are in charge of the transposition of the competition acquis in the fields of
telecommunications, transport and agriculture.


STATE AID

The State Aid Office as a body of state administration was set up by operation of Act No 231/1999 Coll. on state
aid. The Director of the Office is appointed and recalled by the Parliament upon the Government's proposal. His
term of office is 5 years. The Office is authorised to require information from the relevant state bodies,
municipalities, companies and other natural and legal persons provided that such information is necessary
to assess the compliance of state aid provision with the Act. These persons are obliged to provide such
information without any delay.



For the year 2001, the State Aid Office is requesting to increase its number of staff by 15 to 45 in line with the
human resources plan.




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Administrative and financial requirements


INSTITUTION                  COMPETENCIES                                              200113                     200214                   2003
                                                                              No. of     Expenditures    No. of    Expenditures   No. of    Expenditures   No. of
                                                                              staff      [SKK '000]      staff     [SKK '000]     staff     [SKK '000]     staff
Antitrust
 Antimonopoly               -   The implementation of the rules on           32         8,151           10        2,604          -         95             -
    Office                       competition
                             -   The inquiry of anti-competition practices
State aid
 State Aid Office           The control and evaluation of provided state
                             aid                                              45         20,172          15        6,174          0         2,635          0
                             TOTAL:                                           77         28,323          25        8,778          0         2,730          0


Chapter 7: Agriculture

The guarantor of this chapter is the Ministry of Agriculture. The remaining bilateral
negotiations with the European Commission took place in December 2000. The Slovak
Republic’s negotiating position on chapter 7 - Agriculture was submitted to the European
Commission at the Nice Summit in December 2000. The European Union’s common position
on Slovakia’s negotiating position is expected in the first half of 2001.

General provisions – horizontal measures
A long-term programme for the development of agriculture, the food industry, forestry and
water management until 2010 has been prepared and the Agrarian and Food Policy Concept
until 2005 and Forestry and Water Management Policy Concept until 2005 were approved by
the Government on 13.9.2001. Measures for the implementation of these concepts’ conceptual
aims and set goals have been elaborated and concretised for 2001 and 2002 - 2005. On the
basis of an in-depth analysis of the information system, the Agricultural Sector's Information
Strategy was elaborated and the Sector's Information Policy Concept was approved by the
leadership of the Ministry of Agriculture in December 2000.
Amendment to Agriculture Act (240/1998) No. 361/2000 was adopted effective from 1
November 2000.
The principles of the system for the provision of subsidies, which arose from Measures
Arising from the 1999 Report on Agriculture and the Food Industry and the Agrarian and
Food Policy Concept until 2005, were elaborated for 2001 effective from 1.1.2001. The most
significant change is in the provision of subsidies for the use of land in less favoured
production areas through the compensation of low income. At the same time, support is
secured for activities contributing to maintaining the land in a cultural state, preserving viable
rural areas and environmental protection.
Work is also continuing on support information systems - completion of the market
information system, which the ATIS (Agrarian Market Information of Slovakia) agency is
securing, farm accounting data network system (FADN), and the system for preparing
economic accounts for agriculture (EAA).
In 2000 ATIS started to issue the news bulletin “Agrarian Market in the EU and the World”
which monitors the price developments for the most important commodities on foreign
13
     The 2001 data are absolute figures in respect of the planned number of staff and expenditures.
14
     Data over the period of 2002 – 2004 reprent an increase and/or decrease on the previous year's figure .


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markets. A proposal for the further development of ATIS is being elaborated within the
framework of a newly prepared Phare project. In a pilot project, ATIS should perform
detailed theoretical and practical tests of the problems connected with the provision of market
information for the EC.
At the Agricultural Statistics Commission assessment which took place on 3-4 July 2000
in Luxembourg, Slovakia was included in the group of advanced countries, which concretely
means that is able to set up EAA according to old and new methodology, is using software
products to set up EAA, has created an EAA compatible database, regularly publishes EAA
results, and is starting to utilise EAA results in concrete agrarian policy.
An introductory seminar on the Slovakia – Spain – Germany – Netherlands twinning project
on the preparation and implementation of the Integrated Administrative and Control System
(IACS) took place on 1 and 2 March 2001. 190 expert days and 8 experts have been allocated
for this project.
In the next four months it will be necessary to revise the related legislation; revise
organisational structures, including administrative, management and oversight subsystems;
revise the system’s technical framework, including inspection of all the relevant registers (for
permanent crops, agriculture and labelling of animals); and revise the expert readiness of
personnel responsible for the implementation of IACS. A strategy for IACS for selected
support schemes of direct payments until 2002 needs to be elaborated by 1.7.2001.
The draft act on the organisation of the markets in selected commodities has been prepared
and is in the legislative process.



Short-term priorities

   adopt an act          on    the    organisation       of   markets   in   selected    commodities
    Date: 1.1.2002

    The draft act on the organisation of markets in selected commodities will address the
    transformation of the State Fund for Market Regulation into an intervention agency. The
    proposed act lays down the system and possibilities for the intervention agency’s
    intervention into the market. It currently secures the requirement for transparency of the
    provision of state funds for farmers and possibilities are being created for the use of EU
    funds for the support of agriculture from the perspective of merging with the payment
    agency for the SAPARD programme.

   establish the Intervention Agency
    Date: related to the adoption of the act on the organisation of markets in selected
     commodities

   make functional the Slovak Agrarian Marketing Organisation (SAMO) focused on the
    support of the sale and marketing of agricultural commodities in line with the act on the
    organisation of markets in selected commodities under preparation



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     Date: related to the adoption of the act on the organisation of markets in selected
     commodities

    prepare the Integrated Administration and Control System (IACS) for selected support
     schemes of direct payments
     Date: 1.7.2001


     set up a payment agency for the provision of subsidies in agriculture
      Date: 1.1.2002

    Medium-term priorities

    in relation to the IACS strategy, secure finance and start to set up the IACS
     Date: 31.12.2002
     The finance will be partially secured through twinning projects.
     Co-financing from the state budget is expected.

    gradually build the IACS for the implementation of the Common Agricultural Policy
     Date: 31.12.2003

    build a functional system for the administration of export and import measures
     Date: 31.12.2003

    FADN – classify legal and physical persons on the basis of the results of the structural
     census of farms
     Date: 31.12.2002

    gradually create conditions for the interconnection of the sector’s information system with
     information systems in the EU (including the Forestry Information System, which will
     have to be adjusted to EFICS conditions)
     Date: 31.12.2003

    gradually rebuild the system of structural policy instruments according to the system
     applied in the EU
     Date: 31.12.2003

Common market organisation

Since 1 April 2000 there has been a separate office for sales and marketing at the Agriculture,
Food Industry and Trade Section at the Ministry of Agriculture. This office should be
transformed into the Slovak Agrarian Marketing Organisation. The office currently has 3
employees; in the future it will be incorporated into Intervention Agency structures.

The Concept for Agrarian and Foodstuffs Policy, including the proposal for the restructuring
of the food industry by individual sector, was approved by the Government in September
2000. For the support and organisation of the market, market rules for cereals, beef, pigmeat,
milk, and sugar were adopted on 15.2.2000 effective from the day of their publication. Union
legislation is partially transposed in market conditions.


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For cereals, the quality requirements for wheat and testing methods are aligned within the
framework of the valid Market Order (Commission Regulation 2731/75/EC as amended).

Within the framework of the agriculture act, the acquis on the area of premiums on suckler
cows has been transposed for beef. The current Market Order has assumed the sales
intervention method and systems of private storage in accordance with Council Regulation
1254/99/EC.

The Market Order for pigmeat has assumed the private storage mechanism in line with
Council Regulation 2759/75/EC.

For poultry and eggs, chapters of the Food Code, which fully assumed Union marketing
standards, were adopted in 2000. Food Code of the Slovak Republic chapter "Poultry and
Rabbit Meat" fully transposed Council Regulation 2771/75/EC (effective from 1.3.2000) and
Food Code of the Slovak Republic chapter "Eggs, Egg Products and Mayonnaise" (effective
from 1.3.2000) fully transposed Council Regulation 2777/75/EC.

For milk, the market order assumed the area of quality parameters for untreated produce in
line with Council Directive 92/46/EC, the quota mechanism for primary producers, Council
Regulation 1256/99/EC, and the system of subvention exports, Council Regulation
1255/99/EC.

In line with a decree on the provision of subsidies in line with the agriculture act, support for
school milk was applied in 2000 in accordance with Council Regulation 1255/99/EC and
Council Regulation 1842/83/EC.
The "Milk and Dairy Products" chapter of the Food Code, in effect since 1.6.2000,
approximates the quality requirements for milk and dairy products in line with Council
Directives 92/46/EEC, 93/43/EEC, 89/397/EEC, 76/118/EEC, 78/630/EEC, 83/635/EEC, and
83/417/EEC, and Council Regulation 2991/94/EEC.

For sugar, the adopted Market Order assumed the system of production quotas and
contractual assurance of the purchase of sugar beet for production according to the quotas
from Council Regulation 2038/99/EC.

For the area of fruit and vegetables, a chapter of the Food Code was adopted effective from
1.10.2000, which is an implementing regulation to Foodstuffs Act No. 152/1995 Coll. and
fully transposes Council Regulation 2200/96/EC for the area of fresh fruit and vegetable
quality Part 1 Classification of products.

The establishment of producers’ sales organisations was supported by subsidised profit in
2000. Specified conditions for the activities of organisations and possibilities of obtaining
assistance are in a methodical instruction to decree no. 3809/2/2000-100.

The 19th chapter of the Food Code, where in the annex quality standards for products stated
in the basic EU directive, including products which are not included in the basic regulation,
are harmonised, has been in effect since 1.10.2000.

At the beginning of 2001 a list identifying the measures necessary for the adoption of CAP
was prepared.


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Council Directive 75/106/EEC on the approximation of the laws of the Member States
relating to the making-up by volume of certain pre-packaged liquids, 76/211/EEC on the
approximation of the laws of the Member States relating to the making-up by weight or by
volume of certain pre-packaged products and 80/232/EEC on the approximation of the laws of
the Member States relating to the ranges of nominal quantities and nominal capacities
permitted for certain pre-packaged products are incorporated in Office for Standardisation,
Metrology and Testing Decree No 207 of 2000 on the labelling of consumer packaging, which
came into effect on 1 July 2000.

Act No. 289/1996 Coll. on the production and placing of alcohol onto the market as amended
by later regulations governs the licensing of production and placement of alcohol onto the
market. An act on the production and placing of alcohol onto the market, which will amend
the conditions for the issuance of licences for the production and processing of alcohol, is
currently being prepared. The draft act has undergone inter-ministerial review proceedings.

Short-term priorities

   make functional the Slovak Agrarian Marketing Organisation (SAMO) focused on the
    support of the sale and marketing of agricultural commodities in line with the act on the
    organisation of markets in selected commodities under preparation
    Date: related to the adoption of the act on the organisation of markets in selected
    commodities

   complete the registration and inspection of vineyards in model wine-growing zones
    in accordance with EU requirements and on the basis of the findings prepare
    methodology by which the registration of vineyards on the whole territory of
    Slovakia will be carried out together with a timetable and specification of costs
          Date: 31.10.2001

   adopt chapter thirty of the Food Code – Alcohol and Spirit Drinks
    Date: 1.1.2002

Medium-term priorities

   build a central laboratory for the inspection of milk and dairy products
    Date: 31.12.2002

   complete the market and marketing structure for trade in agro-food commodities and
    making intervention purchases and sales, direct payments, etc.
    Date: 31.12.2003

   gradually complete the institutional, technical and organisational infrastructure to secure
    the implementation of the EU CAP (build a system for private/public storage, align the
    integrated system for the administration of quotas, information systems)
    Date: 31.12.2003

   complete the vineyard register in accordance with EU requirements and subsequently
    secure the system for records on vineyards and wine production


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    Date: 31.12.2003

    According to EU requirements every member country must create a vineyard register, i.e.
    a list of all vineyards producing grapes for the purpose of wine production. For each
    vineyard, the name of the user (owner) of the vineyard, its delimitation within a
    municipality’s territory, the vineyard’s area, grape varieties, etc. must appear in the
    register.

    The vineyard register is connected with the compulsory records on vineyards and wine
    production (wine-growing potential). For vineyards these are records on the planting,
    restoration (reconstruction) and liquidation (clearance) of vineyards – according to
    planting rights records. For records on wine production it is necessary to record data on
    grape harvests, wine production, technological approaches (enhancement), wine reserves,
    etc. on the basis of declaration obligations.

Structural policy and rural development

In the area of supporting the development of agriculture and rural areas, the Government
adopted resolution no. 1007 to the Agricultural and Rural Development Plan of the SR on
17.11.1999, which was drafted in line with Council Regulation 1268/99/EC (SAPARD) 1999
on Community support for pre-accession measures for agriculture and rural development in
the applicant countries of central and eastern Europe, as well as with Commission Regulation
2759/99/EC laying down rules for the application of Council Regulation 1268/1999/EC. The
Agricultural and Rural Development Plan of the SR (ARDP SR) was approved by European
Commission decision no. C(2000)/3327 final of 17.11.2000.
Act No. 361/2000 Coll. amending Agriculture Act No. 240/1998 Coll. was adopted on
4.10.2000 (it lays down agriculture and rural development programmes prepared in co-
operation with the EU, specifies applicants for the provision of assistance, etc.).
Governmental Resolution No. 236 on the proposal for a SAPARD programme multi-year
financial agreement and yearly financial agreement was approved on 15.3.2001. An
agreement on the multi-year and yearly financing of the SAPARD programme was signed on
26.3.2001.
Governmental Resolution No. 240 on the Draft National Regional Development Plan of the
SR, whose guarantor is the Ministry of Construction and Regional Development, was adopted
on 15.3.2001 (The Agricultural and Rural Development Plan of the SR is one of seven
sectoral operational programmes - Multifunctional Agriculture and Rural Development).
A draft governmental ordinance on agriculture and rural development programmes is being
prepared effective from 1 July 2001 and will secure the fulfilment of provisions of Act no.
361/2000 Coll. (agriculture and rural development programmes).


SAPARD programme
The guarantor for the implementation of the SAPARD programme in Slovakia is the Ministry
of Agriculture. In line with provisions of Council Regulation 1260/99/EC, the Slovak
Payment Agency was established on 1 December 1999 for the implementation of the ARDP
SR (renamed the SAPARD Agency on 1.7.2000 in connection with the assumption of an
implementation role).



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In the process of the implementation of the SAPARD programme the following bodies will
operate in line with Commission finance regulation 2222/00/EC: the certification body
(Supreme Audit Office), the managing authority (Ministry of Agriculture - structural policy
and rural development section), the SAPARD Agency and its 8 regional branches, the
National Monitoring Committee (established on the partnership principle), the Secretariat of
the National Monitoring Committee (regional policy and rural development department of the
Ministry of Agriculture) and the National Fund.
The National Fund is an authority established by the SR, which acts as the competent body
under the above-mentioned Commission finance regulation. It reports to the National
Authorising Officer (NAO - state secretary of the Ministry of Finance), who has financial and
legal responsibility for the funds. This is the contact point for financial information exchanged
between the Commission and the SR. The National Fund issues, monitors and revokes the
accreditation of the SAPARD agency.
The SAPARD agency is being prepared for accreditation by the National Fund and the
European Commission. Uniform procedures are being prepared (funding, inspection,
information system, lodging of applications). An information system is being built, a manual
for applicants for support within the SAPARD programme and a training plan are being
prepared in connection with the preparations for the implementation of the SAPARD
programme.



Adoption of the acquis:
In the course of the preparatory work to adopt the acquis under Council Regulation
1257/99/EC, areas were specified where the SR intends to apply the provision of aids
(compensation payments) under articles 13 - 21 of this Regulation. Agriculturally less-
favoured areas have been defined in Ministry of Agriculture Decree No. 928/1/1999-100 on
the basis of the officially established price of land. The decree is therefore not fully
compatible with the EU legislation.


The Slovak Republic is continuing to update the criteria for the categorisation of areas
according to Council Regulation 1257/99/EC focusing on the specification of agricultural
land under article 19 and 20, using the criterion of gross annuity effect and the prepared 2001
population census.

Short-term priorities

   secure the start of the accreditation process of the SAPARD Agency in co-operation with
    the National Fund
    Date: 1.7.2001


   create the SAPARD programme’s information and monitoring systems
    Date: 1.6.2001

   secure training for staff at regional departments for the SAPARD programme

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    Date: 1.6.2001

   secure the training of advisors on the preparation of SAPARD projects
           Date: 1.6.2001

Medium-term priorities

   adopt an amendment to the forests act
    Date: 31.12.2002
    It will lay down EU legislation on the following areas: information systems, EFICS FRM
    – forest reproductive material, protection of forests against emissions, protection of forests
    against fire, untreated wood – sorting.

   adopt a governmental ordinance on agriculture and rural development programmes
    Date: 1.5.2002
    This task arises from §1 (4) of Act No. 361/2000 Coll. This governmental ordinance will
    legislate development programmes prepared in co-operation with the EC and their
    financing by the state.


   adopt an act on the protection of agricultural land
    Date: 31.12.2003
    The act will implement partial measures (e.g. against soil degradation) and mainly EC
    recommendations, the world soil charter and the European Soil Charter.

Veterinary and phytosanitary area

7 implementing regulations to Act No. 337/98 Coll. on Veterinary Care had been adopted by
April 2001. The most recent entered into force on 1.5.2001.
2 decrees to Act No. 194/98 on the Breeding of Farm Animals relating to utility checks,
labelling, identification and maintenance of the central animal register have been issued
effective from 1.2.2001.
Two State Veterinary Administration branches have been built in Bratislava and Zvolen and
equipped with technology for the diagnosis of TSE; they started routine operation on
1.3.2001.
In the 1st quarter of 2000 the Slovak Agricultural and Food Inspection (SAFI) was provided
with equipment for the multiresidual analysis of pesticides and determining the quality of
GMO from Phare funds, in the 2nd quarter of 2000 the SAFI was provided with equipment for
the analysis of heavy metals.
On 1 January 2000 paragraphs of the eighth chapter of the Food Code “Principles of Good
Production Practice”, under which producers are obliged to introduce and apply the HACCP
system, entered into force.
In January 2000, the State Veterinary Administration elaborated annual programmes for
residue and zoonosis inspection in line with the requirements of the acquis on this area.



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In December 2000, Slovakia signed an agreement on implementing the ANIMO system at 4
ANIMO units - the State Veterinary Administration, Vyšné Nemecké, Bratislava – airport and
port, and Čierna nad Tisou. The system will be introduced as of 1.1.2002.

Short-term priorities

   adopt an amendment to Phytosanitary Care Act No. 285/1995 Coll.
    Date: 1.1.2002

    The amendment to the act will lay down Community legislation in the area of
    phytosanitary care – harmful organisms relating to the registration of importers, exporters
    and producers of plants and plant products, regulations relating to protected zones, plant
    passports, definitions in line with Council Directive 200/29/EC, conditions for the export
    of harmful organisms and consignments of plants and plant products determined for
    scientific research and breeding purposes. The acquis communautaire relating to
    exemptions for the import of small quantities of plants and plant products determined for
    personal use has been incorporated, as have the minimum requirements for the
    performance of phytosanitary inspection at border crossings and places of destination of
    consignments of plants and plant products.

    In the area of phytosanitary care – plant protection products, the amendment to the law
    will lay down Community legislation relating to the registration of plant protection
    products and mechanisation methods for plant protection, the introduction of plant
    protection products into circulation in line with Council Directive 91/414/EEC and
    particularly: protection of data submitted by the first applicant for registration, prolonging
    the validity of decisions, subjects of trade secrets, the cancellation of registration, regular
    inspection of mechanisation methods for plant protection, requirements for the receipt of
    certificates of professional competence, and permission for the use of plant protection
    products in other areas of use than those stated in registration decisions.

   adopt an amendment to Ministry of Agriculture Decree No. 2785/1998 on the
    phytosanitary conditions for the export, import and transport of plants and plant products
    Date: 1.1.2002

    The amendment to the Ministry of Agriculture decree will more closely specify details for
    the implementation of the section of the acquis communautaire which was the subject of
    the amendment of Act 285/95 Coll. with regard to phytosanitary conditions for the export,
    import and transport of plants and plant products.

   adopt an amendment to Foodstuffs Act No. 152/1995 Coll.
    Date: 1.1.2002

     The amendment to the act will contain the definition of novel food, remove the
        incompatibility in the labelling of foodstuffs, authorise the preparation of an
        implementing regulation for the certification of specific traits of agricultural and food
        products, harmonisation with the acquis in the area of the official inspection of
        foodstuffs, and the creation and establishment of an RASFF (Rapid Alert System for
        Foodstuffs) in Slovakia.

   adopt an amendment to the veterinary care act


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    Date: 1.1.2002
    The amendment to the act will secure the transposition of the veterinary acquis


   adopt an amendment to Feedingstuffs Act No. 184/93 Coll.
    Date: 1.1.2002


    The amendment will legislate the division and classification of ingredients in
    feedingstuffs in line with Directive 96/25 and its modifications (98/67 and 16/2000)
    legislate the list of undesirable substances in accordance with Directive 99/29, implements
    changes relating to the introduction of feedingstuffs into circulation in line with
    modifications to Directive 79/373, and amend the list of additives in line with
    modifications to Directive 70/524 and regulations on the authorisation of additives. The
    amendment will also harmonise the conditions for approving and registering certain
    establishments and intermediaries operating in the animal feed sector in line with
    Directive 95/69 as amended. It will also clarify certain imprecise definitions concerning
    categories of ingredients in feedingstuffs and amend warnings on labels for feedingstuffs
    arising from measures with regard to BSE.

   build the Central Register for Cattle and register of breeding data
    Date: 31.12.2001

   secure the technical completion and functionality of the Vyšné Nemecké border veterinary
    station
    Date: 31.12.2001

   prepare conditions for the construction of other veterinary and phytosanitary border
    crossings on the future external border
    Date: 31.12.2001

Medium-term priorities

   build the Central Register and register of breeding data for other livestock
    Date: 31.12.2003

   complete information networks for veterinary and phytosanitary inspection, introduce the
    ADNS, ANIMO and SHIFT computer systems
    Date: 31.12.2002

   secure training for phytosanitary inspectors on the application of approximated legislation
    Date: 31.12.2002




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   complete the personnel and equipment of the forest protection service (FPS) - external
    inspectors
    Date: 31.12.2002

   complete the personnel and equipment at Seed Inspection units - external inspectors
    Date: 31.12.2002

Administrative requirements
For the fulfilment of NPAA tasks, it will be necessary to supplement the existing staff at
individual Ministry of Agriculture sections and institutions for 2002 as follows:

Responsible institution            Staff increase     Activity
Intervention Agency                40                 area of common organisation of the
(as of 1.1.2002)                                      agricultural and foodstuffs market
Ministry of Agriculture            52                 IACS - administration and control system

LESOPROJEKT - LIC                  1                  inspection system to secure the inspection of
                                                      the conversion of meat from livestock into
                                                      cash
SAMO - Slovak Agrarian 2                              institution to support the sale and marketing
Marketing Organisation                                of agricultural commodities.
SVA - State Veterinary 5                              completion of information networks for
Administration                                        veterinary and phytosanitary inspection and
                                                      ADNS, ANIMO and SHIFT computer
                                                      systems
CAITI - Central Agricultural 10                       updating and adapting the vineyard register to
Inspection  and     Testing                           EU conditions
Institute
CAITI                        2                        completion of laboratories for the testing of
                                                      feedingstuffs
CAITI                              2                  completion of the facilities of seed
                                                      laboratories and inspection
Forestry Research Institute 2                         completion of the Seed Inspection unit -
Zvolen – seed inspection                              external inspectors
CAITI                       2
CAITI                       6                         introduction of the phytosanitary information
                                                      system
CAITI                              2                  completion of laboratories for the inspection
                                                      of pesticides
                                                      and contaminants in foodstuffs
CAITI                              1                  area of organic farming

CAITI                              2                  performance of expert tasks arising from the
                                                      fertilisers act
CAITI                              3                  completion of diagnostic units

Forest Protection Service          2                  external inspectors for the Forest Protection
                                                      Service


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SVA                                4                  building a central laboratory for TSE
                                                      diagnostics
SVA                                2                  building a central laboratory for the
                                                      inspection of milk and dairy products
SBI - State Breeding Institute 4                      completion of the SBI for the performance of
                                                      activities connected with the labelling of
                                                      animals, registration and maintenance of the
                                                      central register, creation of the Central
                                                      Register of livestock
Breed Inspection         of   the 3                   completion of the Breed Inspection with
Slovak Republic                                       regard to the performance of inspection
                                                      activities - breeding, cross-breeding of
                                                      animals
SVA                                4                  laboratory for work with live viruses of OIE
                                                      List A diseases
Ministry of Agriculture            2                  European Integration Department

Ministry of Agriculture            5                  Department for Legislation        and     the
                                                      Approximation of Law
Ministry of Agriculture            10                 Working group no. 7

SAPARD Agency                      24                 Special EU agriculture and rural development
                                                      programme

    FINANCIAL REQUIREMENTS

Year                                 Expenditure in SKK
2001                                   269 676 000
2002                                   781 601 332
2003                                 1 270 077 000
2004                                 1 789 458 000


Funds for the implementation of restructuring and rural development projects from SAPARD
programme resources are not included in the financial needs table. The total expected scope
of these resources for the 2000-2006 period amounts to 18.289 MEURO annually. The use of
these resources is conditional upon projects being co-financed from state, public and private
funds.
Chapter 8: Fisheries

The guarantor of this chapter is the Ministry of Agriculture.

The fisheries chapter covers legislation related to the fishing, breeding, processing and sale of
fish (both sea and fresh water). Only around 5% of the acquis is applicable to the Slovak
Republic (since the majority relates to sea fishing). Trade in the Slovak Republic, except in
carp and trout, is fully liberalised. On the basis of SR/EU negotiations on the liberalisation of
trade in fish, two years following the agreement’s entry into force (expected in July 2001)
completely customs-free trade between Slovakia and the EU will apply to this commodity and
products therefrom. The key legislative measures under this chapter are scheduled for 2001
and 2002.


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The guarantor for the area of fisheries is the Ministry of Agriculture. Oversight of the import, transit, and
introduction of fish and fish products onto the market is performed by the State Veterinary Administration
through regional veterinary administrations.


Sanitary and veterinary standards, and handling and hygiene requirements concerning the
inspection of the import of fish and fish products are including under negotiation chapter 7 –
Agriculture.

An implementing regulation to Veterinary Care Act No. 337/1998 is currently in the
legislative process and will soon be issued laying down requirements for ensuring the high
health and hygiene standard of animal products and Food Code, part III, heading - Fish and
fish products.

The Fisheries chapter was preliminarily concluded in October 2000.


    SHORT-TERM PRIORITIES

   adopt a new fisheries act and implementing regulations
    Date:     1.1.2002

   complete inspection structures in the area of the introduction of fish products onto the
    market and the import and transit of fish and fish products
    Date:     1.1.2002

   reinforce the unit dealing with fisheries at the Ministry of Agriculture
    Date:       1.7.2001


    MEDIUM-TERM PRIORITIES

   create conditions for the establishment of an association of fish producers for the purpose
    of joint sale
    Date:       2nd half of 2002


    ADMINISTRATIVE REQUIREMENTS

The personnel at the unit dealing with fisheries at the Ministry of Agriculture will be
reinforced (3 employees by the end of 2002). The unit for the inspection of the introduction of
fish products onto the market, verification of purity of origin and ichtyological examination
and the unit which will inspect the import and transit of fish and fish products at the State
Veterinary Administration will be completed (2 employees by the end of 2002).

        The following will be necessary in the area of institution building:

        Unit/activities:                                       Responsible institution
        inspection structures in the area of the               State Veterinary Administration
introduction of fish products onto the market,
verification of purity of origin and


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ichtyological examination
        inspection authority for the import and                 State Veterinary Administration
transit of fish and fish products
        unit dealing with fisheries                             Ministry of Agriculture
        association of fish producers for the                   Primary producers
purpose of joint sale


Financial requirements

Year                                                   Expenditure in SKK
2001                                                   1 100 000
2002                                                   3 100 000
2003                                                   4 250 000
2004                                                   5 350 000


Chapter 8: Fisheries

The guarantor of this chapter is the Ministry of Agriculture.

The fisheries chapter covers legislation related to the fishing, breeding, processing and sale of
fish (both sea and fresh water). Only around 5% of the acquis is applicable to the Slovak
Republic (since the majority relates to sea fishing). Trade in the Slovak Republic, except in
carp and trout, is fully liberalised. On the basis of SR/EU negotiations on the liberalisation of
trade in fish, two years following the agreement’s entry into force (expected in July 2001)
completely customs-free trade between Slovakia and the EU will apply to this commodity and
products therefrom. The key legislative measures under this chapter are scheduled for 2001
and 2002.
The guarantor for the area of fisheries is the Ministry of Agriculture. Oversight of the import, transit, and
introduction of fish and fish products onto the market is performed by the State Veterinary Administration
through regional veterinary administrations.


Sanitary and veterinary standards, and handling and hygiene requirements concerning the
inspection of the import of fish and fish products are including under negotiation chapter 7 –
Agriculture.

An implementing regulation to Veterinary Care Act No. 337/1998 is currently in the
legislative process and will soon be issued laying down requirements for ensuring the high
health and hygiene standard of animal products and Food Code, part III, heading - Fish and
fish products.

The Fisheries chapter was preliminarily concluded in October 2000.


    SHORT-TERM PRIORITIES

   adopt a new fisheries act and implementing regulations
    Date:     1.1.2002



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National Programme for the Adoption of the Acquis                                     Transport Policy


   complete inspection structures in the area of the introduction of fish products onto the
    market and the import and transit of fish and fish products
    Date:     1.1.2002

   reinforce the unit dealing with fisheries at the Ministry of Agriculture
    Date:       1.7.2001


    MEDIUM-TERM PRIORITIES

   create conditions for the establishment of an association of fish producers for the purpose
    of joint sale
    Date:       2nd half of 2002


    ADMINISTRATIVE REQUIREMENTS

The personnel at the unit dealing with fisheries at the Ministry of Agriculture will be
reinforced (3 employees by the end of 2002). The unit for the inspection of the introduction of
fish products onto the market, verification of purity of origin and ichtyological examination
and the unit which will inspect the import and transit of fish and fish products at the State
Veterinary Administration will be completed (2 employees by the end of 2002).

        The following will be necessary in the area of institution building:

        Unit/activities:                                    Responsible institution
        inspection structures in the area of the            State Veterinary Administration
introduction of fish products onto the market,
verification of purity of origin and
ichtyological examination
        inspection authority for the import and             State Veterinary Administration
transit of fish and fish products
        unit dealing with fisheries                         Ministry of Agriculture
        association of fish producers for the               Primary producers
purpose of joint sale


Financial requirements

Year                                                  Expenditure in SKK
2001                                                  1 100 000
2002                                                  3 100 000
2003                                                  4 250 000
2004                                                  5 350 000


Chapter 9: Transport policy

Current situation


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In January 2000, the Government approved the ”Update and Specification of the Principles of
the State Transport Policy of the Slovak Republic" as the basic systemic document for the
transport sector. The main strategic goal of the Slovak Republic’s transport policy, arising
from the direction of the European Transport Policy, is to secure conditions for long-term
development with the aim of sustainable mobility in the integrated use of all modes of
transport with special emphasis on intermodality and support for more ecological modes of
transport, i.e. rail transport, inland waterway transport and combined transport, as well as
public transport, while creating conditions securing the accessibility of the Slovak Republic
by air.

Through Resolution No. 240 of 15.3.2001, the Government approved the "National Regional
Development Plan for the 2001-2006 Period", which is the Government's official document
for requests for the financing of the development of transport infrastructure from EU pre-
accession funds. The "Sectoral Operational Programme for the Area of Transport" forms a
substantial part of it. By adopting this strategic document, the Government presented its plans
in the field of transport infrastructure development in individual regions of Slovakia. Within
the framework of the inter-sectoral review, the "Sectoral Operational Programme for the
Area of Transport" was discussed with the gremium of the 3rd sector and regional state
administration offices and takes the "New Project for the Construction of Motorways and
High Speed Roads", approved through Governmental Resolution No. 162/2001 of 21.2.2001,
into account. The programme of the above-mentioned priorities includes 7 public works
financed from EU pre-accession funds, which will be implemented between 2001 and 2006.
The total anticipated cost of these public works is SKK 38,029.5 million, which is 900.2
MEUR. It is expected that the volume of SKK 31,967.5 million, which is 756.7 MEUR, will be
invested in the stated period. The basic priority of the transport sector in this area is the
construction and modernisation of transport infrastructure in the approved multimodal
corridors.

On 23.8.2000, the Government approved the Slovak Republic's Negotiating Position on
Chapter 9 "Transport Policy" through Resolution No. 676/2000. The Negotiating Position was
subsequently delivered to the Council of the European Union and the European Commission.
On 15.11.2000, the Slovak Republic received the Common Position of the European Union,
on the basis of which it is currently preparing additional information to the above negotiating
position. The responsibility for chapter no. 9 is held by the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic. The date for the provisional conclusion of
chapter no. 9 is yet to be determined.


Development of infrastructure and Trans-European Transport Networks (TEN)

Progress achieved:


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National Programme for the Adoption of the Acquis                                 Transport Policy




The National ISPA Strategy for the Transport Sector (1999) and Sectoral Operational
Programme for the Area of Transport (from the National Regional Development Plan)
form the basis for the implementation of European Parliament and Council Decision
1692/96/EC on the development of TEN and Council Regulation 2236/95/EC (modified by
European Parliament and Council Decision 1655/1999/EC) on financing the TEN.
Conditions have been created in the Slovak Republic for the implementation of Council
Regulation 1267/1999/EC establishing an Instrument for Structural Policies for Pre-accession
(ISPA). Council Regulation 3600/82/EEC on the granting of limited support in the field of
transport infrastructure does not relate to the Slovak Republic. The responsibility for the
implementation of Council Regulation 2236/95 on TEN financing is held by the Ministry of
Finance (the National Fund), the use of finance is controlled by the Financial Control Office
and the responsibility for the preparation of projects and operation of implementation
agencies is held by the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic. The control system for European Communities pre-accession funds and the
procedure for the harmonisation of the Slovak Republic's legislation in this field are specified
in detail under the Negotiating Position for the "Financial Control" chapter. There are two
implementing agencies for the ISPA pre-accession instrument in the field of transport -
Slovak Railways and the Slovak Road Administration, which fall under the competence of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic. The Ministry's
co-ordination unit for ISPA projects is the European integration and foreign relations division
and the control unit is the inspection and complaints section of the Ministry of Transport,
Posts and Telecommunications of the Slovak Republic, at which a financial control office
with 3 employees - 2 inspectors and 1 auditor - will need to be created effective from
1.1.2002. All implementing agencies, together with the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic, will be reinforced with regard to personnel and
equipment by 31.12.2002, so that they are able to implement all of the requirements arising
from Council Regulation 2236/95 on TEN financing. The aim is to ensure that a minimum of
5 employees responsible for the preparation of projects work at each implementing agency
and that the unit at the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic responsible for the co-ordination and control of ISPA projects (ISPA Unit) has
approx. 5 employees. In October 2000, the Minister of Transport, Posts and
Telecommunications of the Slovak Republic appointed the ISPA working group led by the
head of the foreign assistance department of the European integration and foreign relations
division, who is simultaneously a member of the Preparatory Committee for Structural Funds.
In transport, the ISPA working group consists of representatives of the relevant sectoral
divisions of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic
and the implementation agencies - Slovak Railways and the Slovak Road Administration.

The Slovak Republic takes the results of the TINA final report into account and regards them
as the basic instructions for the specification of the transport network in the Slovak territory.
With the aim of preparing the necessary technical modifications arising from European
Parliament and Council Decision 1692/96/EC on the development of TEN, the Slovak
Republic is ready to hold technical consultations with the EU.

In 1999 and 2000, 48.7 km of half-profile motorways was completed to the full profile and
2.9 km of full profile motorways was built in the territory of the Slovak Republic. Of the total
planned length of the motorway and high-speed road network of 833.6 km, 374.6 km was in
operation as of 31.12.2000, of which 14 km was in half-profile. 45.3 km of full profile and
21.1 km of half-profile motorways and high-speed roads was under construction. The


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construction was financed in the form of Government guaranteed bank loans on the basis of
the "Long-term Model for Financing Motorway Construction" adopted by the Government
in 1997 and the "Concept for the Development of Motorway Infrastructure" adopted by the
Government in 1999. The investment organisation for motorway construction is the Slovak
Road Administration.

In 1999, the Government of the Slovak Republic approved the document "Economic
Stabilisation and Transformation of Slovak Railways", which contains the framework
concept for the development of infrastructure until 2007. As of 31.12.2000 there was 3 665
km of railroad, of which 1 535 km was electrified. The most significant recent investment
project in the area of railway infrastructure was the construction of the Bratislava-Petržalka
railway station serving as a Slovak-Austrian joint railway border crossing. The construction
project was completely finished in January 1999. In 2000, the 18 km long Cífer – Trnava
railroad was reconstructed with the aim of increasing the railroad's operational speed to 160
km/h. The investment was prevailingly financed using Slovak Railways’ own resources and
other sources (state guaranteed loans, loans without state guarantees, supplier loans, Phare,
etc.). The investment organisation for the construction of railway infrastructure is Slovak
Railways. In accordance with the "Project for the Transformation and Restructuring of Slovak
Railways" approved by the Government on 18.10.2000 through Resolution No. 830, Slovak
Railways will perform only activities related to the operation of the railroad and become the
infrastructure manager effective from 1.1.2002.

Of the total of 7 projects proposed within the framework of ISPA, the European Union has
approved Project 1 "Modernisation of the Bratislava – Rača – Trnava railroad, Stage I". An
international tender for the supplier will be announced in the Journal of Commerce on 5 June
2001, in line with FIDIC procedures.

In February 2001, Project no. 2 "D61 Motorway, Viedenská cesta – Prístavný most,
Bratislava" was submitted to European Commission authorities through the National Co-
ordinator.

The following projects are currently under preparation:
 Modernisation of the Bratislava – Rača – Trnava railroad, Stage II,
 Modernisation of the Trnava – Nové Mesto nad Váhom railroad, stage I,
 Mengusovce – Jánovce section of the D1 motorway,
 A study to determine the direction of the motorway through the town of Považská
   Bystrica was completed in November 2000 within the framework of the preparation of the
   Sverepec–Vrtižer D1 motorway project.

On 30.11.2000, Statistical Office Decree No. 398/2000 Coll. announcing the State Statistical
Surveys Programme for 2001, entered into force. The decree includes the following:
 Annual account of the use of and expenditure on motorways and roads - V 1-01,
 Annual account of expenditure on water transport infrastructure - VD 1-01,
 Annual account of expenditure on rail transport infrastructure - ŽD 1-01.
These accounts are to a large extent harmonised with the annexes to Council Regulation
1108/70/EEC (including Commission Regulation 2598/70/EEC specifying the items to be
included under various headings of accounts; Commission Regulation 281/71/EEC
determining the composition of the list of waterways of a maritime character is not


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National Programme for the Adoption of the Acquis                                   Transport Policy


applicable to the Slovak Republic). It will be necessary to include expenditure related to the
traffic police (road and motorway) and the State Navigation Administration, which plays the
role of the river police, in the accounts. Since Slovakia also has the railway police, the Slovak
Republic will include expenditure related to the railway police in the relevant railway
infrastructure expenditures. The relevant data concerning infrastructure expenditure will be
delivered to the European Commission by the Ministry of Transport, Posts and
Telecommunications.

I.      Institutional framework in the area of the development of infrastructure:

Council Regulation 1108/70/EEC (including Commission Regulations 2598/70/EEC and
281/71/EEC):
The Statistical Office of the Slovak Republic, in co-operation with the Ministry of Finance
of the Slovak Republic, specifies the methodology and form of the maintenance of national
accounts in transport and monitors the accounting system for infrastructure expenditure. The
Ministry of Transport, Posts and Telecommunications of the Slovak Republic monitors
infrastructure expenditure with emphasis on rail, road, and inland waterway transport. The
inland waterway infrastructure falls under the competence of the Ministry of Agriculture.

Council Regulation 2236/95/EC (including its modification by 1655/1999/EC):
Responsible authorities, which will be completely prepared for the system of financing from
Community funds by the time of accession to the EU, have been created in the Slovak
Republic.

Council Regulation 1267/1999/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic, the
Office of the Government of the Slovak Republic, the Slovak Road Administration, and
Slovak Railways participate in the implementation of this regulation.

Tasks that are yet to be fulfilled:

The Slovak Republic will continue to build its transport infrastructure with emphasis on
the proportional development of rail and road transport and construction of road border
crossings with Austria, Hungary, the Czech Republic, Poland and Ukraine focused on the
development of combined transport systems, mainly on the border with Ukraine (Ro-La and
Ro-Ro). The Government of the Slovak Republic is planning to adopt the "Road Construction
Programme" and "Road Repair and Maintenance Programme" by 31.12.2001. These
programmes will represent a concept for the further development of the road network,
including financing.

By 30.6.2002, the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic, in co-operation with the Statistical Office of the Slovak Republic, will create
conditions for the full introduction of a compatible accounting system for infrastructure
expenditure on road, rail, and inland waterway transport as set forth in Council Regulation
1108/70/EEC.

The responsible authorities will be prepared for the implementation of Council Regulation
2236/95/EC on financing the TEN and the system of financing from Community funds as of
the date of accession.



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National Programme for the Adoption of the Acquis                                              Transport Policy


Progress achieved since the preceding NPAA:

    On 21.2.2001, the Government of the Slovak Republic approved the "New Project for the
     Construction of Motorways and High Speed Roads" through Resolution No. 162/2001.

    Of the total of 7 projects proposed within the framework of ISPA, the European Union
     has approved Project no. 1 "Modernisation of the Bratislava – Rača – Trnava railroad,
     Stage I". An international tender for the supplier will be announced in the Journal of
     Commerce on 5 June 2001, in line with FIDIC procedures. In February 2001, Project
     no. 2 "D61 Motorway, Viedenská cesta – Prístavný most, Bratislava" was submitted to
     European Commission authorities through the National Co-ordinator.

 Statistical Office Decree No. 398/2000 Coll. announcing the State Statistical Surveys
     Programme for 2001 entered into force on 30.11.2000. The Decree is to a large extent
     harmonised with the annexes to Council Regulation 1108/70/EEC (including Commission
     Regulation 2598/70/EEC specifying the items to be included under various headings of
     accounts).


Horizontal issues

Progress achieved:

The area of external affairs, i.e. agreements between the EU and third countries on road, rail,
combined and maritime transport, is being monitored gradually; there are no discrepancies
with the acquis.

EP and Council Directive 97/44 on summer-time arrangements (modified by European
Parliament and Council Directive 2000/84/EC) has been fully incorporated into the Slovak
Republic's legislation.

In the area of EU assistance programmes, conditions for the implementation of Council
Regulation 1266/1999/EC on coordinating aid to the applicant countries in the framework of
the pre-accession strategy and amending Council Regulation 3906/89/EEC and Council
Decision 99/853/EC on the principles, priorities, intermediate objectives and conditions
contained in the Accession Partnership with the Slovak Republic have been created.

The Ministry of Finance of the Slovak Republic has prepared a draft act amending State Aid
Act No. 231/1999 Coll., which will be submitted to the Office of the Government of the
Slovak Republic by 31.5.2001. This amendment will enter into force on 1.1.2002 and will be
fully aligned with Article 73 of the Treaty on EU (Amsterdam version). This will create
conditions for the implementation of Council Regulation 1107/70/EEC on the granting of aids
for transport by rail, road and inland waterway15. The Slovak Republic does not provide state
aid in the area of maritime transport and in air transport it provides financial assistance only
for the administration of airports, including the construction of new terminals, which means
that the conditions stated in the documents "Application of Articles 92 and 93 of the EC

15
  The European Commission has prepared proposal COM(2000) 5 final – 2000/0023 (COD) for a regulation,
which will replace Council Regulation 1107/70/EEC on the granting of aids for transport by rail, road and inland
waterway. For the time being, the Slovak Republic does not expect any problems in its implementation.


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Treaty and Article 61 of the European Economic Area Agreement to State aids in the aviation
sector" (94/C 350/07) and "Community guidelines on State aid to maritime transport " (97/C
205/05) are observed. The State Aid Office was established in the Slovak Republic and started
to operate in the 1st half of 2000.

In the area of commitments arising from public services, conditions have been created for the
implementation Council Regulation 1191/69/EEC (including its modification by
1893/91/EEC)16 in rail transport and partially in road transport. The Ministry of Transport,
Posts and Telecommunications of the Slovak Republic is preparing an amendment to Road
Transport Act No. 168/1996 Coll. as amended, creating conditions for the implementation of
Council Regulation No. 1191/69/EEC. It is expected to enter into force on 30.6.2002. The
area of public obligations in inland water transport is not addressed since there is no regular
public transport by water.

The requirements of Council Regulation 11/60/EEC concerning the abolition of
discrimination in transport rates (including its modification by 3626/84/EEC) have been fully
implemented. The Slovak Republic respects Council Decision 62/403/EEC on a procedure
for prior examination and consultation in respect of certain laws, regulations and
administrative provisions concerning transport and Council Resolution 1999/808/EC on the
involvement of Europe in a new generation of satellite navigation services (satellite
navigation system GALILEO - commencement of the technical definition phase).

II.     Institutional framework in the area of horizontal issues:

Council Regulation 1191/69/EEC (including its modification by 1893/91/EEC):
Regional state administration offices conclude the relevant agreements on regular bus
transport with carriers (there are 8 regional offices in the Slovak Republic).

Council Regulation 1107/70/EEC
The implementation of the regulation is safeguarded by the State Aid Office.

Council Regulation 1266/1999/EC (including 3906/89/EEC) and Council Decision
99/853/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic looks
after the implementation of these regulations in co-operation with the Office of the
Government of the Slovak Republic.

Tasks that are yet to be fulfilled:

From 30.6.2002, conditions will be created for the implementation Council Regulation
1191/69/EEC in road transport through an amendment to National Council of the Slovak
Republic Act No. 168/1996 Coll. on Road Transport as amended17.



16
  The European Commission has prepared proposal COM(2000) 7 final – 2000/0212 (COD) for a regulation,
which will replace Council Regulation 1191/69/EEC concerning the obligations inherent in the concept of a
public service. For the time being, the Slovak Republic does not expect any problems in its implementation.
17
  This amendment will also address harmonisation with Council Directive 93/38/EC co-
ordinating the procurement procedures of entities operating in the water, energy, transport and
telecommunications sectors.

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National Programme for the Adoption of the Acquis                                Transport Policy


From 1.1.2002, conditions will be created for the implementation of Council Regulation
1107/70/EEC on the granting of aids for transport by rail, road and inland waterway through
an amendment to State Aid Act No. 231/1999 Coll.

Progress achieved since the preceding NPAA:

    The Ministry of Transport, Posts and Telecommunications of the Slovak Republic is
     preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended, which
     creates conditions for the implementation of Council Regulation No. 1191/69/EEC. It is
     expected to enter into force on 30.6.2002.

    The Ministry of Finance of the Slovak Republic has prepared a draft act amending State
     Aid Act No. 231/1999 Coll., which was approved by the Government through Resolution
     No. 423 of 16 May 2001. This amendment will enter into force on 1.1.2002.


Transport of dangerous goods

Progress achieved:

In road transport, the transport of dangerous goods is covered by Council Directive
94/55/EC on the approximation of the laws of the Member States with regard to the transport
of dangerous goods by road (including its modification by Commission Directives 96/86/EC,
1999/47/EC, 2001/7/EC and European Parliament and Council Directive 2000/61/EC) and
95/50/EC on uniform procedures for checks on the transport of dangerous goods by road18
(see also Council Regulations 4060/89/EEC and 3912/92/EEC stated below). Compliance
with Council Directive 94/55/EC has been achieved, as the Slovak Republic is a signatory of
the ADR, which is also applied in domestic transport in the Slovak Republic (Act No.
168/1996 Coll. on Road Transport). Amendments to Annexes A and B to the ADR are issued
regularly every 2 years. Council Directive 95/50/EC is only partially implemented; at
present, an extension of checks on the transport of dangerous goods carried out by the Police
Force and an act on the transport of dangerous goods, which will cover road, rail, inland
waterway and air transport, are under preparation. In rail transport, the transport of dangerous
goods is covered by Council Directive 96/49/EC on the approximation of the laws of the
Member States with regard to the transport of dangerous goods by rail (including its
modifications by Commission Directives 96/87/EC, 1999/48/EC and 2001/6/EC, and
European Parliament and Council Directive 2000/62/EC). The Slovak Republic is signatory
of the COTIF. This annex to the RID (the Procedure for the International Carriage of
Dangerous Goods by Rail) will be implemented into internal legislation upon the entry into
force of an amendment to Act No. 164/1996 Coll. on Railroads and on Amendment to Small
Licence Trade Act No. 455/1991 Coll. as amended, as amended by Act No. 58/1997 Coll. The
draft amendment to the act was debated by the Government on 6.4.2001 and submitted to the
National Council of the Slovak Republic for approval on 20.4.2001. The amendment is
expected to enter into force on 1.7.2001. The function of safety adviser for the transport of
dangerous goods by rail defined by Council Directive 96/35/EC will not be set up until
1.1.2003.


18
   The European Commission has prepared an amendment to Council Directive 95/50/EC (COM(2000)112
final); the Slovak Republic is prepared to fully implement this directive.


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The area of the transport of dangerous goods related to various modes of transport 19 is
covered by Council Directive 96/35/EC on the appointment and vocational qualification of
safety advisers for the transport of dangerous goods by road, rail and inland waterway, and
2000/18/EC on minimum examination requirements for safety advisers for the transport of
dangerous goods by road, rail or inland waterway. The function of safety adviser has not
been fully introduced into the Slovak Republic’s legal regulations. In the area of water
transport, the Slovak Republic joined the Agreement on the Transport of Dangerous Goods
by Inland Waterways (ADN), within the framework of the UN ECE, at the Diplomatic
Conference in Geneva between 22 and 25.5.2000. Act No. 338/2000 Coll. on Inland
Navigation and on Amendment to Certain Laws entered into force on 1.1.2001. Following the
ratification of the ADN by the participating parties, the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic will elaborate a decree on the rules for the
transport of dangerous goods by inland waterways in the Slovak Republic implementing the
above act.

III.    Institutional framework in the area of the transport of dangerous goods:

Council Directives 94/55/EC (including its modifications by Commission Directives
96/86/EC, 1999/47/EC, 2001/7/EC and European Parliament and Council Directive
2000/61/EC) and 90/50/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic
secures the regular issuance of amendments to Annexes A and B to the ADR in co-operation
with governmental and non-governmental organisations. The relevant controls are carried out
by district state administration offices in co-operation with the Ministry of Interior of the
Slovak Republic – Traffic Police of the Police Force (transport inspectorates).

Council Directive 96/49/EC (including its modifications by Commission Directives 96/87/EC,
1999/48/EC, 2001/6/EC and European Parliament and Council Directive 2000/62/EC):
The current situation is characterised by the dominant position of one operator - Slovak
Railways, which observes the RID provisions and has built its own control and vocational
training systems. It is expected that more operators will be present on the rail transport market
from 1.1.2003. The Slovak Republic will prepare a new act on the transport of dangerous
goods, which will create a comprehensive system of control and vocational training for
railway operators.

Council Directive 96/35/EC and European Parliament and Council Directive 2000/18/EC:
The function of safety adviser is yet to be fully introduced into the Slovak Republic’s legal
regulations; the necessary control and training system is yet to be created.

19
   The transport of dangerous goods also involves the implementation of Council Directive
1999/36/EC on transportable pressure equipment (including its modifications by Commission
Directive 2001/2/EC and Commission Decision 2001/107/EC), where in approving type and
conformity assessment or the inspection of pressure equipment, the responsible authority must
provide confirmation that they meet the requirements set forth in Council Directives 94/55/EC
and 96/49/EC, or that they are used in line with these Directives. This Directive does not
relate to pressure equipment used exclusively for the transport of dangerous goods by road or
rail between the EU and third countries. The Slovak Republic will fully implement this
Directive from 1.1.2003. The responsible authority will be the National Labour Inspectorate
(Technical Inspection).

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Tasks that are yet to be fulfilled:

By 31.12.2002, the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic, in co-operation with the Ministry of Interior and Ministry of Labour, Social Affairs
and Family, will create personnel and technical conditions for the responsible authorities so
that vehicle controls can be carried out effectively, a comprehensive system for the control of
the transport of dangerous goods by rail can be created, and the function of safety adviser
introduced in road, rail and inland waterway transport, including securing the necessary
vocational training and quality monitoring, as defined in Council Directives 94/55/EC,
95/50/EC, 96/49/EC, 96/35/EC, and European Parliament and Council Directive 2000/18/EC.

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic will
prepare an act on the transport of dangerous goods which will provide for the full
implementation of Council Directives 94/55/EC, 95/50/EC20, 96/49/EC, 96/35/EC and
European Parliament and Council Directive 2000/18/EC and enter into force on 1.1.2003.

Progress achieved since the preceding NPAA:

 An amendment to Act No. 164/1996 Coll. on Railroads and on Amendment to Small
     Licence Trade Act No. 455/1991 Coll. as amended, which was debated by the Government
     on 6.4.2001 and submitted by the Government to the National Council of the Slovak
     Republic for approval on 20.4.2001, will ensure the internal implementation of the COTIF
     (Annex to the RID) effective from 1.7.2001. The amendment to the act will also introduce
     the function of safety adviser for transport of dangerous goods by rail defined by Council
     Directive 96/35/EC, which will be set up as of 1.1.2003.


Road transport

Progress achieved:

The basic principles or schemes valid in the area of access to the market (e.g. the system for
the issuance of licences and authorisations) in the Slovak Republic are compatible with EC
law with respect to First Council Directive 62/2005/EEC on the establishment of common
rules for certain types of carriage of goods by road and Council Regulations 881/92/EEC21,
684/92/EEC (modified by Council Regulation 11/98), 12/98/EC, 56/83/EEC, and 3118/93/EC
(modified by Council Regulation 3315/94/EC), and Commission Regulations 2121/98/EC and
792/94/EC (application of Council Regulation 3118/93/EC). The Slovak Republic does not
anticipate problems in the implementation of these regulations and directives, however, the
transport of goods and passengers between the Slovak Republic and EU states will probably
be carried out on the basis of bilateral agreements until the date of accession. It is not
currently possible to implement the requirements of Council Regulation 56/83/EEC

20
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of the transport of dangerous goods or perishable foodstuffs.
21
  The Slovak Republic is currently examining the proposal for European Parliament and
Council Regulation 2000/0297 (COD), which modifies Council Regulation 881/92/EEC and
concerns a uniform driver attestation.

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concerning the implementation of the ASOR since this Agreement is determined only for
selected countries. The Slovak Republic respects CEMT Resolution No. 95/3.

On 14.12.2000, the Slovak Republic signed and prepared for ratification the multilateral
European agreement INTERBUS22. Since the EU did not sign the Agreement within the
period for which it was opened for signature (until 31.12.2000), the Agreement has not
entered into force. The Ministry of Transport, Posts and Telecommunications of the Slovak
Republic is preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended,
which defines crisis in the market, including the relevant measures. Under this amendment,
the Ministry of Transport, Posts and Telecommunications of the Slovak Republic will monitor
and assess, inter alia, the developments in expenditure and prices within the framework of the
uniform information system. For this purpose, the relevant administrative authorities and
selected carriers, forwarders and shippers will be obliged to provide the Ministry with the
necessary data. When receiving, processing, storing and distributing the information and data,
the Ministry is obliged to secure their protection against misuse. It is expected to enter into
force on 30.6.2002. Thus, conditions will be created for the implementation of Council
Regulation 3916/90/EEC on measures to be taken in the event of a crisis in the market and
Council Regulation 4058/89/EEC on the fixing of rates for the carriage of goods by road.
With the exception of the protection of competition, the free fixing of prices without state
intervention or regulatory measures is applied in the Slovak Republic. Partial compliance
with Council Directive 84/647/EEC on the use of vehicles hired without drivers for the
carriage of goods by road, including its modification by Council Directive 90/398/EEC, has
been achieved; the Slovak Republic respects CEMT Resolution No. 90/2.

The area of social legislation has been to a large extent aligned with EC law with respect
to Council Directive 96/26/EC (including its modification by 98/76/EC), which regulates
access to the profession. An amendment to Act No. 168/1996 Coll. on Road Transport as
amended, which is being prepared by the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic and will enter into force on 30.6.2002, will
increase financial standing to the level specified in Council Directive 96/26/EC as amended
by Council Directive 98/76/EC, and the verification of financial standing will start to be
applied to both international and domestic transport. Transport licences will be granted for a
limited period of time, at a maximum for five years.

There are still differences in the definition of a carrier's good repute.

The requirements of Council Regulation 3820/85/EEC on the harmonisation of certain social
legislation relating to road transport have only been partially implemented in the Slovak
Republic, because even though the Slovak Republic is a signatory of the AETR and a
minimum age of 21 is applied for Slovak drivers in international road haulage and passenger
transport (drivers must have no criminal record and at least 2 years’ experience as bus drivers
or drivers of heavy goods vehicles with a total weight exceeding 7.5 t), provisions on e.g. total
driving periods, rest periods and provisions on the prohibition of the remuneration of drivers
based on distances travelled and/or the amount of goods carried are not entirely reflected in
the national legislation. Driving, safety and rest periods are covered by Slovak Work Safety
Office and Slovak Mining Office Decree No. 208/1991 Coll. on the safety of work and
technical equipment in the use, maintenance and repair of vehicles. Partial compliance has


22
  In line with Article 4 (2) of the INTERBUS agreement, within the framework of ratification reservations, the
Slovak Republic applies the deadline of 1.1.2004 for the area of financial standing.


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been achieved in the implementation of Council Directive 88/599/EEC on standard control
procedures (last modified by Council Regulation 2135/98/EC).

Full compliance has been achieved with Council Directive 76/914/EEC on the minimum
level of training for drivers. Since the Slovak Republic is a signatory of the AETR, it applies
the minimum age of 21 for carriage by vehicles with a total weight exceeding 7.5t to Slovak
drivers in international transport and its competent authorities recognise, in accordance with
Article 5 (1) (b) and (4) of the AETR, or Article 5 (1) (b) and (2) (c) of Council Regulation
3820/85/EEC, the professional qualifications of drivers from EU Member States, who have
successfully undertaken training in line with the annex to Council Directive 76/914/EEC.

The elimination of controls performed at the frontiers and certain inland controls are
covered by Council Regulations 4060/89/EEC (including its modification by 3356/91/EEC)
and 3912/92/EEC. Conditions for the implementation of these regulations have been created
only partially, it is necessary to reinforce controls of vehicles transporting dangerous goods
and perishable foodstuffs as well as controls focused on the observance of social legislation in
accordance with Council Regulations 3820/85/EEC and 2135/98/EEC and Council Directive
88/599/EEC.

The areas of safety, technology and the environment are complicated and overlap with the
area of social issues. Partial compliance with Council Directive 96/53/EC laying down
maximum dimensions and maximum weights of certain vehicles in domestic and international
transport has been achieved 23 (Ministry of Transport, Posts and Telecommunications Decree
No. 308/1999 Coll. amending Ministry of Transport, Posts and Telecommunications Decree
No. 116/1997 Coll. on vehicles' operation on roads has been in force since 1.12.1999). To
eliminate the degrading effects of heavy goods vehicles with an increased axle load (115 kN),
a scientific research project was concluded in the Slovak Republic in 2000 with the
documents "Method for Designing Motorway Asphalt Roads" and subsequent "Catalogue of
Road Constructions for the Axle Load of 115 kN". Another project will be concluded in 2001
with a document called the "Dimensioning of Non-rigid and Semi-rigid Roads". The problem
of "Reinforcement (Reinstatement) of Asphalt Roads" will also be addressed in the near
future. The programmes of the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic being prepared - "Road Construction Programme" and "Road Repair and
Maintenance Programme" - will apply these research documents. The Government of the
Slovak Republic is planning to adopt these documents by 31.12.2001. The implementation of
Council Regulation 2411/98/EC on the recognition in intra-Community traffic of the
distinguishing sign of Member States will not be possible until the Slovak Republic’s
accession to the EU and will present no problems.

Partial harmonisation has been achieved in the area of the installation and use of speed
limitation devices according to Council Directive 92/6/EEC. The requirement to install the
device on vehicles produced after 1.1.1988 and limit the maximum permitted speed to 85
km/h for vehicles carrying dangerous goods has not been legislated. Full compliance has
been achieved with Council Directives 89/459/EEC on the tread depth of tyres and
91/671/EEC on the use of safety belts.

The Traffic Police Department of the Police Force Presidium registers all traffic accidents
reported, including those resulting in injury or death, and annually issues the ”Statistical
23
  The European Commission has prepared an amendment to Council Directive 96/53/EC (2000/C 274 E/05);
the Slovak Republic is prepared to fully implement this Directive.


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Review of Road Traffic Accidents", thus the implementation of the requirements of Council
Decision 93/704 on the creation of a Community database on road accidents does not present
a problem for the Slovak Republic. Commission Regulation 3298/94/EC on the ecopoint
system for heavy goods vehicles transiting through Austria, including its modification by
Council Regulation 2012/2000/EC and Commission Regulation 609/2000/EC, does not yet
relate to the Slovak Republic, and no problems are expected in its future implementation.
Compliance with Council Directive 91/439/EEC on driving licences, including its
modifications by 94/72/EC, 96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC
(Commission Directive), and Commission Decision 2000/275/EC on equivalences between
certain categories of driving licences has been achieved to a major extent, there are
differences in the areas of vehicle categorisation, certain technical definitions, driving licence
format, the application of national rules vis-à-vis holders of driving licences of other states,
procedures and possibilities in the exchange and replacement of a driving licence in another
state, and the application of provisions of Council Regulation 3820/85/EEC concerning the
minimum age of drivers in certain types of transport. The Slovak Republic is currently
examining the proposal for a European Parliament and Council Directive (2001/0033/COD)
on the training of professional drivers for the carriage of goods or passengers by road.

Roadworthiness tests of vehicles and their trailers are carried out in line with Council
Directive 96/96/EC, while intervals for roadworthiness tests of vehicles in the M2 and M3
category are shorter than the intervals under the above Directive (Ministry of Transport, Posts
and Telecommunications Decree No. 307/1999 Coll. amending Ministry of Transport, Posts
and Telecommunications Decree No. 265/1996 on emission checks of road motor vehicles
entered into force on 1.12.1999). Compliance has not been achieved with European
Parliament and Council Directive 2000/30/EC on the technical roadside inspection of the
roadworthiness of commercial vehicles circulating in the Community. Compliance has been
achieved with Council Directive 1999/37/EC on the registration documents for vehicles. Two
registration documents are used in the Slovak Republic - roadworthiness licence and vehicle
registration certificate. Act No. 405/2000 Coll. amending Act No. 315/1996 Coll. on Roads
Traffic entered into force on 1.1.2000. This act lays down the obligation to also state the
owner of the vehicle on the roadworthiness licence, not just the holder of the vehicle. The
vehicle registration certificate and the new roadworthiness licence contain protective elements
as set forth in Ministry of Interior Decree No. 204/2000 Coll. amending Ministry of Interior
Decree No. 90/1997 Coll. implementing certain provisions of Act No. 315/1996 Coll. on
Roads Traffic, which entered into force on 1.9.2000. Commission Directives 1999/52/EC and
2001/11/EC adapting to technical progress Council Directive 96/96/EC have been fully
implemented24. Council Regulation 3821/85/EEC on recording equipment in road transport
relates to the area of social legislation and its requirements are fully implemented in the
Slovak Republic25.

In the field of harmonising taxes, notably vehicle taxes and road user charges, a high degree
of harmonisation with European Parliament and Council Directive 1999/62/EC on the
charging of heavy goods vehicles for the use of certain infrastructures has been achieved. This

24
 For instance, Methodical Instruction of the Ministry of Transport, Posts and Telecommunications No. 4/97 on
measuring the discharge of exhaust gas smoke from combustion engines of vehicles in service in roadworthiness
checks at technical inspection stations.
25
   The Ministry of Transport, Posts and Telecommunications is planning to apply the requirements on the
electronic recording equipment as defined by the amendment to this Regulation (Council Regulation
2135/98/EC) as of the date of accession; the provisions relating to the personal driver card fall under the
competence of the Ministry of Labour, Social Affairs and Family.


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directive will be fully transposed into the Slovak legal system from 1.1.2003 through 2 laws -
Act No. 87/1994 Coll. on Road Tax as amended and Act No. 135/1961 Coll. on Land
Communications as amended.

As laid down by Road Tax Act No. 87/1994 Coll. as amended, a vehicle provided with a
registration number and used for undertaking or in connection with undertaking is subject to
road tax. Road tax rates, which form an annex to the above act, will be extended to include
charges for long vehicles so that it is fully compatible with Annex I to European Parliament
and Council Directive 1999/62/EC on the charging of heavy goods vehicles for the use of
certain infrastructures26 and the area of exemptions, to which the relevant tax is not applicable,
will be aligned.

On 1.1.2000, the system of motorway tolls changed so that the amount paid is determined
by a vehicle’s total weight (Act No. 343/1999 Coll. amending Land Communications Act No.
135/1961 Coll. as amended, including Ministry of Transport, Posts and Telecommunications
Decree No. 41/2000 Coll. laying down the method of signposting sections of motorway and
dual carriageway whose use is subject to tolls, the design of vignettes and the method for their
display on motor vehicles). The payment of the toll is proved by a vignette valid for 1 year or
15 days, with which the motor vehicle is labelled. The maximum amount paid does not
exceed SKK 6 000/year. On 1.1.2001, Act No. 388/2000 Coll. amending Land
Communications Act No. 135/1961 Coll. (Road Act), which provides for the use of 15-day
vignettes for vehicles with a total weight exceeding 3.5t entered into force, which means that
the current system is no longer discriminating against occasional users of the Slovak road
network from the EU. Another amendment to Act No. 135/1961 Coll. on Land
Communications (this amendment was approved by the Legislative Council of the
Government on 10.4.2001), which will provide for the use of 1-day vignettes for vehicles
with a total weight exceeding 12 t effective from 1.1.2002, is under preparation. A completely
new land communications act, which should replace the valid road act effective from
1.1.2003, is being prepared. For user charges, the new act should differentiate vehicles with a
total weight exceeding 12 t according to the number of axles and environmental standards
(EURO I-II) as set forth in Annex II to European Parliament and Council Directive
1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures. The
”Concept for Charging Motorway Users", where the introduction of tolls in 2007 at the
latest is considered, was adopted in August 1999.

The Slovak Republic takes into account Commission Recommendations 2001/C 48/02 on the
maximum permitted blood alcohol content for drivers of motorised vehicles and 2000/53/EC
on safe and efficient in-vehicle information and communication systems, and Council
Resolution 2000/C 218/01 on the improvement of road safety.

The Government is preparing the privatisation of state-owned Slovak Bus Transport
Companies (SAD š.p.). On 6.7.2000, the Government approved the Concept for the
Transformation and Privatisation of SAD š.p. through Resolution No. 532/2000, on the basis
of which the transformation and privatisation of 17 state Slovak Bus Transport companies

26
   It should be added that the road tax act also relates to trailers (O1 to O4 categories of
vehicles), which means that at present it is not a problem to determine/calculate the amount of
charges for heavy goods vehicles stated in Annex I to European Parliament and Council
Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures.

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with property worth approx. SKK 4 billion will be carried out and the entry of strategic
investors into the process of privatisation of these enterprises enabled.

Institutional framework in the area of road transport:

First Council Directive 62/2005/EEC, Council Regulations 881/92/EEC, 684/92/EEC,
12/98/EC, 56/83/EEC, 3118/93/EC (modified by Council Regulation 3315/94/EC),
Commission Regulations 2121/98/EC and 792/94/EC (application of Council Regulation
3118/93/EC):
Transport licences for regular bus transport in urban areas are issued to carriers by
municipalities - i.e. local self-governments, in regions by regional state administration
offices 27 (there are 8 regional state administration offices in the Slovak Republic) and for
international bus lines by the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic (road and urban transport division). Licences for undertaking in road
haulage and occasional bus transport are issued by district state administration offices
(there are 79 district state administration offices in the Slovak Republic) following the
verification of the fulfilment of professional requirements and good repute. Authorisations for
occasional bus transport and road haulage not addressed to specific domestic carriers are
forwarded to these carriers by the Ministry of Transport, Posts and Telecommunications
of the Slovak Republic via their vocational association.

Council Directive 84/647/EEC (including its modification by Council Directive 90/398/EEC):
Checks of vehicles hired without drivers are carried out in line with this Directive by border
and traffic police in accordance with CEMT Resolution No. 90/2.

Council Regulation 3916/90/EEC:
The rules for the crisis mechanism will be laid down in the amendment to Act No. 168/1996
Coll. on Road Transport as amended, which is being prepared and will enter into force on
30.6.2002.

Council Regulations 4060/89/EEC (including its modification by 3356/91/EEC) and
3912/92/EEC:
The relevant inland controls are carried out by the Ministry of Interior of the Slovak
Republic – Traffic Police of the Police Force (transport inspectorates) and the National
Labour Inspectorate - work safety inspectorates.

Council Regulation 4058/89/EEC:
Under the amendment to Act No. 168/1996 Coll. on Road Transport as amended, which is
being prepared and enter into force on 30.6.2002, the responsibility for the monitoring of
tariffs will be held by the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic.

Council Directive 96/26/EC (including its modification by 98/76/EC):
Regional state administration offices issue certificates of professional competence on the
basis of proposals from the examination commission. District state administration offices
examine the financial standing of carriers, issue letters of confirmation, and state their
position with respect to the condition of good repute.


27
     Regional and district offices fall under the competence of the Ministry of Interior of the Slovak Republic.


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Council Regulation 3820/85/EEC and Council Directive 88/599/EEC:
The relevant controls are carried out by the Ministry of Interior of the Slovak Republic –
Traffic Police of the Police Force (transport inspectorates) and the National Labour
Inspectorate - work safety inspectorates. It will be necessary to create a standard form in
line with Commission Decision 93/173/EEC, through which information on the fulfilment of
this Regulation is reported to the European Commission.

Council Regulation 3821/85/EEC (including its modification by 2135/98/EC):
Tachographs (recording equipment) are checked at least every 2 years by an organisation
authorised by the Office of Standardisation, Metrology and Testing.

Council Directive 76/914/EEC:
Since the Slovak Republic applies the minimum age of 21 years for drivers employed in
international road transport, it does not need to implement the training conditions stated in
this Directive28.

Council Directive 92/6/EEC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic -
State Transport Office (it has 15 employees) grants the certificates of mass producer or
importer of vehicles, and components, equipment or accessories thereof to natural persons
authorised for undertaking and legal persons. The certificate also relates to the installation,
repair and inspection of speed limitation equipment.

Council Directive 96/53/EC:
The relevant checks are secured by the Ministry of Transport, Posts and
Telecommunications - State Transport Office (type approval and conformity assessment of
vehicles), the Slovak Road Administration (weighing of vehicles), and the Ministry of
Interior of the Slovak Republic - Traffic Police of the Police Force (transport
inspectorates).

Council Directives 89/459/EEC and 91/671/EEC:
Checks of the tread depth of tyres are fully secured by roadworthiness inspection stations
and roadside checks (Ministry of Interior of the Slovak Republic - Traffic Police of the
Police Force). The use of safety belts is checked by the Ministry of Interior of the Slovak
Republic - Traffic Police of the Police Force.

Council Decision 93/704:
The Ministry of Interior of the Slovak Republic - Traffic Police of the Police Force,
annually issues the ”Statistical Review of Road Traffic Accidents". At present, making the
above statistical review available on the Internet is being considered.

Council Regulation 91/439/EEC, including its modifications by 94/72/EC, 96/427/EC
(Commission Decision), 97/26/EC, 2000/56/EC (Commission Directive) and Commission
Decision 2000/275/EC:


28
  If, in the future, the Slovak Republic decides to apply the training conditions for drivers with a minimum age
of 18 years as defined by Council Directive 76/914/EEC, it will first harmonise the training of drivers with
Council Directive 91/413/EEC (including its modifications) on driving licences.


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Driving tests, the drivers register and the issuance of driving licences fall under the
competence of district transport inspectorates (Ministry of Interior of the Slovak
Republic - Traffic Police of the Police Force). The examination of physical fitness is under
the competence of the Ministry of Health of the Slovak Republic. The Ministry of
Transport, Posts and Telecommunications of the Slovak Republic methodically directs
transport and road management departments of regional and district state administration
offices, oversees the application of Act No. 315/1996 Coll. on Roads Traffic and generally
binding legal regulations issued for the implementation thereof by regional and district state
administration offices, appoints natural persons to examine instructor licence applicants and
keeps a register on them, and issues thematic plans for the further training of drivers and
driving instructors and examinations to discover the professional competence of instructor
licence applicants. The Ministry of Transport, Posts and Telecommunications - State
Transport Office secures the production, distribution and registration of instructor licences.
Driving schools are private organisations.

The Ministry of Labour, Social Affairs and Family issues permits to entrepreneurs for the
provision of advice, education and training in the field of health and safety at work on the
basis of Labour Inspection Act No. 95/2000 Coll. The area of health and safety at work also
covers the training specified in Slovak Work Safety Office and Slovak Mining Office Decree
No. 208/1991 Coll. on the safety of work and technical equipment in the use, maintenance and
repair of vehicles.

Council Directive 96/96/EC and Commission Directives 1999/52/EC and 2001/11/EC:
Technical checks are carried out by private organisations (natural persons authorised for
undertaking or legal persons), which are granted authorisation for the performance of checks
by the relevant district state administration office upon the fulfilment of conditions laid
down by law or generally binding implementing regulations. Equally, certificates or permits
for testing technicians are granted to applicants by district state administration offices upon
the successful completion of basic or advanced training, verified by an organisation
authorised by the Ministry of Transport, Posts and Telecommunications, which
simultaneously registers the results of checks carried out in the road worthiness testing
stations network, assessments of roadworthiness and conclusions on the technical fitness/non-
fitness of individual vehicles for road traffic in an information system. At present, the
authorised organisation is SLOVDEKRA (a daughter company of the German DEKRA).
Emission checks of motor vehicles are also carried out by private organisations (natural
persons authorised for undertaking or legal persons), which are granted authorisation for the
performance of emission checks by the Ministry of Transport, Posts and Telecommunications,
if they fulfil conditions laid down by Act No. 309/1991 Coll. on the Protection of Air from
Pollutants (Air Act) as amended and a generally binding legal regulation - Ministry of
Transport, Posts and Telecommunications Decree No. 265/1996 Coll. on emission checks of
road motor vehicles as amended by Decree No. 307/1999 Coll. Inspection technician
certificates are granted to applicants by the Ministry of Transport, Posts and
Telecommunications upon the successful completion of basic training and the final exam. The
authorised organisation in the network of units for emission checks is S – eka spol. s.r.o.,
which registers the results of checks on roadworthiness and conclusions on the technical
fitness/non-fitness of individual vehicles for road traffic in an information system. The
Ministry of Transport, Posts and Telecommunications of the Slovak Republic - State


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Transport Office secures the production, distribution and registration of a vehicle’s technical
certificates (certificates of roadworthiness tests on a vehicle).

Council Directive 1999/37/EC:
The registration of vehicles is secured by district transport inspectorates (Ministry of
Interior of the Slovak Republic - Traffic Police of the Police Force), which issue vehicle
registration certificates (equivalent to Part II of the registration certificate ). The Ministry of
Transport, Posts and Telecommunications of the Slovak Republic - State Transport
Office secures the production, distribution and registration of a vehicle’s roadworthiness
licences (equivalent to Part I of the registration certificate ).

European Parliament and Council Directive 1999/62/EC:
The collection of road tax is secured by the Ministry of Finance - tax offices. The collection
of user charges is secured by the Ministry of Transport, Posts and Telecommunications
through the State Road Management Fund.

European Parliament and Council Directive 2000/30/EC:
The method for the implementation of this Directive is yet to be specified. The performance
of roadside checks falls under the competence of the Ministry of Interior of the Slovak
Republic.

Tasks that are yet to be fulfilled:

An amendment to Act No. 168/1996 Coll. on Road Transport as amended, which is being
prepared and will enter into force on 30.6.2002, will partially implement Council Directive
96/26/EC, including its last modification 98/76/EC, which regulates access to the profession,
align the amount of financial standing with that valid in the EU, provide conditions for the
implementation of Council Regulation 3916/90/EEC on measures to be taken in the event of a
crisis in the market, and create a system for the monitoring of tariffs defined by Council
Regulation 4058/89/EEC.

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of road transport in line with the plan for the
sector's institutional reinforcement within the framework of the integration process, which has
been elaborated and is being gradually updated. Personnel and technical conditions will be
created for other institutions participating in the implementation of EU legislation on the area
of road transport, especially the Police Force and the National Labour Inspectorate.

From 1.1.2003, Council Directive 84/647/EEC on the use of vehicles hired without drivers
for the carriage of goods by road as amended by Council Directive 90/398/EEC, together with
European Parliament and Council Directive 1999/62/EC, will be fully implemented with the
aim of fully harmonising the area of taxation of selected categories of heavy goods vehicles
through an amendment to Road Tax Act No. 87/1994 Coll. as amended and the area of user
charges through a new act on land communications.

By 31.3.2003, personnel and technical conditions will be created for the State Transport
Office (it will be separated from the Office of the Ministry of Transport, Posts and
Telecommunications) to secure the full implementation of Council Directive 96/53/EC and
directives concerning type approval and conformity assessment of motor vehicles.


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From 31.3.2003, Council Directive 96/53/EC laying down maximum dimensions and
maximum weights of vehicles and Council Directive 92/6/EEC on the installation and use of
speed limitation devices will be fully implemented through a new decree of the Ministry of
Transport, Posts and Telecommunications of the Slovak Republic on vehicles' operation on
roads, and conditions will be created for the internal implementation of Council Regulation
3820/85/EEC, including the requirements from Council Directive 88/599/EEC on standard
control procedures, its last modification by Council Regulation 2135/98/EC, and Council
Regulations 4060/89/EEC (including its modification 3356/91/EEC), and 3912/92/EEC
related to the elimination of certain controls performed at frontiers in road and inland
waterway transport.

By 31.12.2003, the ”Central Register of Offences in Domestic and International Haulage and
Bus Transport" will be created with the aim of facilitating the implementation of Council
Directives 95/50/EC on uniform procedures for checks on the transport of dangerous goods
by road, 88/599/EEC on standard control procedures for the implementation of Council
Regulations 3820/85/EEC, 1999/62/EC on the charging of heavy goods vehicles for the use of
certain infrastructures, 96/53/EC on the maximum dimensions of certain vehicles in domestic
and international transport and maximum weights of certain vehicles in domestic and
international transport, and 96/26/EC (including its modification by 98/76/EC) regulating
access to the profession, Commission Decision 93/173/EEC, and Council Regulations
4060/89/EEC (including its modification 3356/91/EEC) and 3912/92/EEC related to the
elimination of certain types of controls performed at frontiers in road and inland waterway
transport.

As of accession, conditions will be created for the implementation of First Council Directive
62/2005/EEC, Council Regulations 881/92/EEC, 684/92/EEC, 12/98/EC, 56/83/EEC,
3118/93/EC (modified by Council Regulation 3315/94/EC) and Commission Regulations
2121/98/EC and 792/94/EC (application of Council Regulation 3118/93/EC), which are
related to access to the market29;Council Directive 96/26/EC will be fully implemented,
including its last modification by 98/76/EC, which regulates access to the profession, in
particular in the field of the verification of good repute, through an amendment to Road
Transport Act No. 168/1996 Coll. as amended, amendment to Act No. 95/2000 Coll. on
Labour Inspection and on Amendment to Certain Laws, amendment to Act No. 372/1990
Coll. on Offences as amended and the act on the transport of dangerous goods being prepared;
Council Directive 91/439/EEC on driving licences, including its modifications by 94/72/EC,
96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC (Commission Directive), and
Commission Decision 2000/275/EC will be fully implemented through an amendment to Act
No. 315/1996 Coll. on Roads Traffic; the implementation of the requirements related to
electronic recording equipment (tachograph) as defined by Council Regulation 2135/98/EC
will be secured; and, European Parliament and Council Directive 2000/30/EC on the technical
roadside inspection of the roadworthiness of commercial vehicles circulating in the
Community will be fully implemented.
Progress achieved since the preceding NPAA:


29
  Co-operation with the European Commission will be necessary in the area of defining the instruments which
will facilitate the process of harmonisation and subsequent implementation. The proposed International Road
Union (IRU) strategy, especially the step-by-step process of expansion by increasing the special quota of
Community permits (similar to the CEMT quota) also seems to be an option in the pre-accession period,
depending on the degree of harmonisation with the acquis.


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   On 14.12.2000, the Slovak Republic signed and prepared for ratification the multilateral
    European agreement INTERBUS.

   The Ministry of Transport, Posts and Telecommunications of the Slovak Republic is
    preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended, which
    defines crisis on the market, including the relevant measures. Under this amendment, the
    Ministry of Transport, Posts and Telecommunications of the Slovak Republic will monitor
    and assess, inter alia, the developments in expenditure and prices within the framework
    of the uniform information system. For this purpose, the relevant administrative
    authorities and selected carriers, forwarders and shippers will be obliged to provide the
    Ministry with the necessary data. When receiving, processing, storing and distributing
    the information and data, the Ministry is obliged to secure their protection against
    misuse. Thus, conditions will be created for the implementation of Council Regulation
    3916/90/EEC on measures to be taken in the event of a crisis in the market and Council
    Regulation 4058/89/EEC on the fixing of rates for the carriage of goods by road. The
    amendment will increase financial standing to the level specified in Council Directive
    96/26/EC as amended by Council Directive 98/76/EC, and the verification of financial
    standing will start to be applied to both international and domestic transport. Transport
    licences will be granted for a limited period of time, at a maximum for five years. The
    amendment will enter into force on 30.6.2002.

   Act No. 405/2000 Coll. amending Act No. 315/1996 Coll. on Roads Traffic entered into
    force on 1.1.2000. This act lays down the obligation to also state the owner of the vehicle
    on the roadworthiness licence, not just the holder of the vehicle. Thus, full compliance
    has been achieved with Council Directive 1999/37/EC on the registration documents for
    vehicles. Two registration documents are used in the Slovak Republic - roadworthiness
    licence and vehicle's registration certificate.

   On 1.1.2001, Act No. 388/2000 Coll. amending Land Communications Act No. 135/1961
    Coll. (Road Act), which provides for the use of 15-day vignettes for vehicles with a total
    weight exceeding 3.5 t, entered into force, meaning that the current system is no longer
    discriminating against occasional users of the Slovak road network from the EU.


Rail transport

Progress achieved:

The requirements stated in Council Regulation 11/60/EEC concerning the abolition of
discrimination in transport rates are being fully implemented in the area of access to the
market and accounting systems.

Partial harmonisation has been achieved with the following directives:
 European Parliament and Council Directive 2001/12/EC amending Council Directive
   91/440/EEC on the development of the Community's railways,
 European Parliament and Council Directive 2001/13/EC amending Council Directive
   95/18/EC on the licensing of railway undertakings.




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Compliance with Council Directive 2001/14/EC on the allocation of railway infrastructure
capacity and the levying of charges for the use of railway infrastructure and safety
certification has not been achieved. No system for the allocation of railway infrastructure
capacity has been elaborated and no special authority allocating this capacity has been
established. An agreement must be concluded between the rail operator (Slovak Railways)
and transport operators in this respect.

On 6.4.2001, the Government approved a draft act amending Act No. 164/1996 on Railroads
and on Amendment to Trade Licensing Act No. 455/1991 Coll. as amended and the Act on
Railway Company, joint stock company and on Amendment to National Council of the
Slovak Republic Act No. 258/1993 Coll. on Railways of the Slovak Republic as amended by
Act No. 152/1997 Coll. On 20.4.2001 the Government submitted both laws to the National
Council and they are expected to enter into force on 1.7.2001. These laws will secure the
separation of the railroad (infrastructure, operation of the railroad) from the provision of rail
operator services (operation of transport by rail) and the full implementation of Council
Directive 91/440/EEC on the development of the Community's railways. However, Council
Directive 95/18/ES on the licensing of railway undertakings (including Council and European
Parliament Directive 2001/13/EC, which amends it) will not be fully implemented until
1.1.2003, through a new act on the rail transport regulatory authority, which will be
established by transforming or completing the State Rail Office. The authority will, inter
alia, issue licences and safety certificates and oversee the allocation of railway infrastructure
capacity. From the standpoint of the granting of infrastructure access rights on the basis of
reciprocity, Council and European Parliament Directives 2001/14/EC on the allocation of
railway infrastructure capacity and the levying of charges for the use of railway infrastructure
and safety certification30 and 2001/12/EC amending Council Directive 91/440/EEC on the
development of the Community's railways will not be fully implemented until the time of
accession.

Compliance is yet to be achieved with Council Directive 96/48/EC on the interoperability of
the trans-European high-speed rail system, including Commission Decisions 1999/569/EC,
2000/260/EC, Commission Recommendation 2001/290/EC and European Parliament and
Council Directive 2001/16/EC on the interoperability of the trans-European conventional rail
system. The Slovak Republic does not have high-speed rails and is not planning to construct
a separate high-speed rail system until 2020. The modernisation of conventional railways for
the speed of 160 km/h is currently being prepared and partially implemented. The Slovak
Republic already fully guarantees and secures interoperability on conventional railways.
High-speed rolling stock can be operated on Slovak railways, however, at a lower speed (up
to 120-140 km/h, and up to 160 km/h following the modernisation on certain sections). It is
necessary that the relevant high-speed units are able, with regard to their electric equipment,
to pass various traction systems (in the Slovak Republic, it is 25 kV 50 Hz alternating current


30
  The European Commission is currently preparing a proposal for a new directive concerning
safety certification, which will also have to be transposed into the Slovak Republic's legal
system. European Parliament and Council Directive 2000/9/EC relating to cableway
installations designed to carry persons, which forms a part of the chapter "Free Movement of
Goods", also falls under the area of rail transport. Its transposition into the Slovak Republic's
legal system is expected by 31.12.2003.

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or 3 kV direct current). The transfer of signals from safety equipment to train drivers' cabs
equipped with mobile elements of the train security system approved for use on national
railways is fully safe considering the maximum permitted speeds. The implementation of the
above directives will be secured from 1.1.2003 through the new act on the rail transport
regulatory authority.

Council Regulation 323/99/EC amending and supplementing Council Regulation
2299/89/EEC on a code of conduct for computer reservation systems also relates to rail
transport. The Slovak Republic expects no problems in the implementation of the provisions
of the above Council Regulation relating to the possibility of including rail services as an
alternative to air services in the principal display of the computer reservation system operator
(CRS).

The requirements stated in Council Regulation 1192/69/EEC on common rules for the
normalisation of the accounts of railway undertakings have not been implemented.

The Project for the Transformation and Restructuring of Slovak Railways was
elaborated in co-operation with Slovak Railways and approved by the Government through
Resolution No. 830 of 18 October 2000. The key goal of the transformation and restructuring
is to ensure that the railways have a status in the society enabling the Slovak Republic's
railways to fulfil their missions oriented towards the state and towards the EU. At the same
time, the project's role is to define the relationship between the state and the transformed
railways, i.e. the state's commitment and obligation to compensate services in the public
interest and secure the development of the state's rail transport infrastructure and conditions
for the liberalisation of the railway operator's and railway carrier's operation.

The transformation of Slovak Railways (ŽSR) is expected to take place in several steps:

 the preservation of ŽSR as the railroad operator - infrastructure manager, which is and
  will continue to be owned by the state, by 1.1.2002,
 the exclusion of carrier activities from the current ŽSR (passenger and freight transport)
  into a separate state-owned joint-stock company - Železničná spoločnosť a.s., from
  1.1.2002,
 the creation of conditions for the de-etatisation and privatisation of service and auxiliary
  activities at the current ZSR,
 the creation of conditions for the development of an environment attractive for investors
  for the future entry of foreign capital and, by 2005, making the full privatisation of
  business activities in freight and passenger transport possible.

Institutional framework in the area of rail transport:

Council Directive 95/18/EC, and European Parliament and Council Directives 2001/13/EC
and 2001/14/EC:
In rail transport, the State Rail Office was established in 1992 (it has 47 employees) as a state
administration body under the Ministry of Transport, Posts and Telecommunications (it is
financed from the Ministry’s budget chapter), which performs state expert and technical
oversight and plays the role of a special construction authority. It also issues transport licences
to operators on the basis of their professional competence and physical and mental fitness.
For the time being, there is not authority for the allocation of infrastructure capacity.


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Council Regulation 1192/69/EEC:
No special structures are necessary for the implementation of this Regulation.

European Parliament and Council Directive 2001/16/EC on the interoperability of the trans-
European conventional rail system:
For the time being, there is no notified authority to secure the implementation of the above
Directive. It is anticipated that from 1.1.2003 the rail transport regulatory authority will be
the notified authority. If this is the case, the Slovak Republic will have to secure its
independent position within the framework of state administration.

Tasks that are yet to be fulfilled:

From 1.1.2003, European Parliament and Council Directives 2001/13/EC, amending Council
Directive 95/18/EC on the licensing of railway undertakings, and 2001/16/EC on the
interoperability of the trans-European conventional rail system, Council Directive 96/48/EC
on the interoperability of the trans-European high-speed rail system will be fully implemented
together with the requirements stated in Council Regulation 1192/69/EEC on common rules
for the normalisation of the accounts of railway undertakings.

By 30.6.2003 the personnel and equipment of the rail transport regulatory authority will be
completed to fully implement Council Directive 95/18/EC, and Council and European
Parliament Directives 2001/13/EC and 2001/14/EC, and personnel and technical conditions
will be created for the relevant units of the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic participating in the implementation of EU
regulations on rail transport in line with the plan for the sector's institutional reinforcement
within the framework of the integration process, which has been elaborated and is being
gradually updated.

Council and European Parliament Directive 2001/14/EC on the allocation of railway
infrastructure capacity and the levying of charges for the use of railway infrastructure and
safety certification, and European Parliament and Council Directive 2001/12/EC amending
Council Directive 91/440/EEC on the development of the Community's railways will be
implemented as of the date of accession.

Progress achieved since the preceding NPAA:

   The Project for the Transformation and Restructuring of Slovak Railways was
    elaborated in co-operation with Slovak Railways and approved by the Government
    through Resolution No. 830 of 18 October 2000. The key goal of the transformation and
    restructuring is to ensure that the railways have a status in the society enabling the
    Slovak Republic's railways to fulfil their missions oriented towards the state and towards
    the EU. At the same time, the project's role is to define the relationship between the state
    and the transformed railways, i.e. the state's commitment and obligation to compensate
    services in the public interest and secure the development of the state's rail transport
    infrastructure and conditions for the liberalisation of the railway operator's and railway
    carrier's operation.

   On 6.4.2001, the Government approved an amendment to Act No. 164/1996 on Railroads
    and on Amendment to Trade Licensing Act No. 455/1991 Coll. as amended and the Act


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     on Railway Company, joint stock company and on Amendment to National Council of the
     Slovak Republic Act No. 258/1993 Coll. on Railways of the Slovak Republic as amended
     by Act No. 152/1997 Coll. On 20.4.2001 the Government submitted both laws to the
     National Council and they are expected to enter into force on 1.7.2001. These laws will
     secure the separation of the railroad (infrastructure, operation of the railroad) from the
     provision of rail operator services (operation of transport by rail) - two separate legal
     entities will be established - and the full implementation of Council Directive
     91/440/EEC on the development of the Community's railways. Progress will also be
     achieved in the implementation of Council Directive 95/18/EC on the licensing of railway
     undertakings, since the area of financial standing will be fully harmonised.


Combined transport

Progress achieved:

In the Slovak Republic, combined transport is considered as a transport system that respects
the conditions for all basic modes of transport included within the transport chain. For this
reason, combined transport is not covered by a separate law, but its definition is reflected in
the Slovak Republic’s laws for basic modes of transport. In the area of combined transport,
partial compliance has been achieved with Council Directive 92/106/EEC on the
establishment of common rules for certain types of combined transport of goods between
Member States. In line with this Directive, a unified proposal for the definition of combined
transport has been prepared and its adjusted wording will be proposed for incorporation into
laws concerning rail, road and inland waterway transport and related regulations when they
are amended.

The reduction of taxes applied to road vehicles and exemption from the system of quotas and
permits of road carriers operating in combined transport will be gradually implemented as the
relevant laws are amended31. In this area, the Slovak Republic follows bilateral agreements.
The definition of own-account transport will also be amended in line with First Council
Directive 62/2005/EEC on the establishment of common rules for certain types of carriage of
goods by road (including Council Regulation 881/92/EEC) and the relevant CEMT
resolution32. In accordance with Council Directive 96/53/EC, the Slovak Republic applies a
weight of 44t for long vehicles carrying 40´ ISO containers and other width, length and height
limits for road vehicles are also aligned (Ministry of Transport, Posts and
Telecommunications Decree No. 116/1997 on vehicles' operation on roads). The requirements
laid down by Council Regulation 1658/82/EEC (supplementing Council Regulation
1107/70/EEC) on the granting of aids for combined transport are being fully implemented.
The Slovak Republic will join the PACT programme in line with Council Regulation
2196/98/EC concerning the granting of Community financial assistance for actions of an
innovative nature to promote combined transport following its accession to the EU.

On 17.1.2001, the Government approved the "Concept for the Development of Combined
Transport with an Outlook to 2010" through Resolution No. 37/2001.

31
   This includes e.g. Road Tax Act No. 87/1994 Coll., Property Tax Act No. 317/1992 Coll., Protection of
Agricultural Land Act No. 307/1992 Coll., Prices Act No. 18/1992 Coll., Road Transport Act No. 168/1996
Coll., Commercial Code No. 513/1991 Coll., and Trade Licensing Act No. 455/1991 Coll.
32
   The European Commission has prepared an amendment to Council Directive 92/106/EEC (COM(1998)414
final). The Slovak Republic is prepared to fully implement this Directive.


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On 1.11.2000, Act No. 340/2000 Coll. amending National Council of the Slovak Republic
Act No. 168/1996 Coll. on Road Transport as amended entered into force. In §§ 23, 25, 28,
29, this amendment specifies the position of and approach to combined transport within the
framework of road transport. The Ministry of Transport, Posts and Telecommunications of the
Slovak Republic, in co-operation with the vocational association of domestic carriers and in
accordance with the interests of the state transport policy and environmental protection policy,
is obliged to specify the minimum share of authorisations that will be granted to carriers
providing combined transport from the total number of authorisations available. In addition,
foreign carriers may perform the carriage of goods between two places in the territory of the
Slovak Republic without consent from the Ministry, if this involves combined transport, the
last section of transport by road does not exceed 150 km and the place of collection or
delivery of the road vehicle (combined transport terminal, port, airport) is located in the
territory of the Slovak Republic.

Institutional framework in the area of combined transport:

Council Directive 92/106/EEC:
The implementation of this Directive requires no special administrative structures - it is
secured by the Ministry of Transport, Posts and Telecommunications.

Tasks that are yet to be fulfilled:

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications, which participate in the
implementation of EU legislation on the area of combined transport, in line with the plan for
the sector's institutional reinforcement within the framework of the integration process, which
has been elaborated and is being gradually updated.

As of the date of accession33 Council Directive 92/106/EEC on the establishment of common
rules for certain types of combined transport of goods between Member States will be fully
implemented.

Progress achieved since the preceding NPAA:

    On 17.1.2001, the Government approved the "Concept for the Development of Combined
     Transport with an Outlook to 2010" through Resolution No. 37/2001.

    On 1.11.2000, Act No. 340/2000 Coll. amending National Council of the Slovak Republic
     Act No. 168/1996 Coll. on Road Transport as amended entered into force. In §§ 23, 25,
     28, 29, this amendment specifies the position of and approach to combined transport
     within the framework of road transport.

    In connection with Governmental Resolution No. 37/2001, the validity of the Contract
     between the Slovak Republic and Slovak Railways on the Support for the Operation of the

33
  The implementation of Council Directive 92/106/EEC requires the exemption of combined transport from the
system of quotas and permits. This liberalisation will be connected with the implementation of directives and
regulations related to access to the road transport market, where it is probable that the Slovak Republic will
follow bilateral agreements until the time of accession.


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     Combined Transport System 'RoLa Accompanied' for the 2001-2005 was prolonged and
     the Programme to Support the Development of Combined Transport in Slovakia was
     prolonged until 2010.

    In co-operation with the Ministry of Finance of the Slovak Republic, a proposal of a
     mechanism for the purchase of handling and transport technology and loading units for
     combined transport is being prepared.

    Modification of bilateral agreements with Poland, Hungary and the Czech Republic on
     the acceptance of combined transport trains on trust in cross-border contact within the
     framework of rail transport is being prepared.

Inland waterway transport

Progress achieved:

At present, a total of 842 vessels of all types and categories are entered in the Slovak
Republic’s Central Register of Vessels. Slovenská plavba a prístavy a.s., the largest enterprise
operating in the field of inland waterway transport, owns 243 vessels (16 types) with total
weight of 296 927 t. Their rate or utilisation is in the range of 20-30%.

Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws entered
into force on 1.1.2001. In the area of safety of inland waterway transport, technology and the
environment, this act34 is fully aligned with Council Directive 87/540/EEC on access to the
occupation of carrier of goods by waterway in national and international transport and on the
mutual recognition of diplomas. The Act is partially aligned with Council Directives
76/135/EEC on reciprocal recognition of navigability licences (including Commission
Decision 77/527/EEC establishing the list of maritime shipping lanes for the application of
76/135/EEC), 82/714/EEC laying down technical requirements for inland waterway vessels,
and 91/672/EEC on the reciprocal recognition of national boatmasters’ certificates.

The following generally binding implementing regulations to Act No. 338/2000 Coll. on
Inland Navigation and on Amendment to Certain Laws have entered into force:
 Ministry of Transport, Posts and Telecommunications (MTPT) Decree No. 22/2001 Coll.
    laying down the details of the classification of waterways and individual sections thereof
    in the relevant classes in accordance with the classification of European waterways,
 MTPT Decree No. 123/2001 Coll. on the model code of carriage in public water transport
    by inland waterways,
 MTPT Decree No. 93/2001 laying down the details of the use of public ports and
    collection of charges for their use by vessels,
 MTPT Decree No. 124/2001 Coll. laying down the details of the content, scope,
    examination and format of professional competence certificates for water transport
    carriers,
 MTPT Decree No. 59/2001 Coll. laying down the details of the marking of vessels.
34
 Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws is also
fully aligned with the requirements of Council Regulation 1017/68/EEC applying rules of
competition to transport by rail, road and inland waterway, since public waterway transport
can be operated by a legal or natural person on the basis of transport licences granted and
withdrawn by the Ministry.

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The following generally binding implementing regulations to Act No. 338/2000 Coll. on
Inland Navigation and on Amendment to Certain Laws will enter into force by 31.12.2001:
 MTPT Decree laying down the details of qualifications and verification of professional
    competence of vessel crewmembers and small vessel pilots.
 MTPT Decree laying down the Safety Rules for the Operation of Vessels on Inland
    Waterways of the Slovak Republic.

The full compliance with Council Directives 96/75/EC on the systems of chartering and
pricing and 96/50/EC on the harmonisation of the conditions for obtaining national
boatmasters’ certificates has not been achieved. The requirements of Council Regulations
1356/96/EC on common rules applicable to the transport of goods or passengers and
718/1999/EC on a Community fleet capacity policy to promote inland waterway transport
(including measures laid down by Commission Regulation 805/1999/EEC and
1532/2000/EC) have not yet been implemented and an institution operating as a liquidation
fund has not been created.

In the area of access to the market, the requirements of Council Regulation 3921/91/EEC
laying down the conditions under which non-resident carriers may transport goods or
passengers by inland waterway within a Member State have not been implemented. The
Slovak Republic currently follows bilateral agreements and anticipates no problems in the
implementation of the above Regulation. The requirements of Council Regulation
2919/85/EEC laying down the conditions for access to navigation of the Rhine are not being
implemented as yet. The Slovak Republic is a member of the Danube Commission.

The Slovak Republic takes Council Decision 2000/474/EC concerning the Community
contribution to the International Fund "Clearance of the Fairway of the Danube" into account
and has contributed to this fund with a sum of EUR 230 000.

The Government of the Slovak Republic has prepared the privatisation of the enterprise
Slovenská plavba a prístavy a.s. On 28 May 2001 the tender was closed with the winner
Dunajservis, s.r.o., which will have 87% share. The city of Bratislava will have 7% share, the
city of Komárno will have 3% share and the Restitution Fund will have 3% share.

Institutional framework in the area of inland waterway transport:

Council Regulations 3921/91/EEC, 2919/85/EEC, and 1356/96/EEC, and Council Directives
87/540/EEC, 91/672/EEC, 76/135/EEC, 96/75/EC, and 96/50/EC:
The State Navigation Administration was established in 1964 (it has 80 employees) and is
currently a state administration body subordinated to the Ministry of Transport, Posts and
Telecommunications (it is financed from the Ministry’s budget chapter). In line with the new
Inland Navigation Act, it performs state administration and state expert oversight of inland
waterway navigation, maintains the Central Register of Vessels, issues professional
competence certificates to members of crews of vessels and sailing objects, professional
competence certificates for small vessel pilots, vessel certificates (navigability licences) and
service books for the members of crews of vessels and sailing objects. The classification of
vessels, including recreational and small vessels, is carried out by the company Slovenský
Lloyd s.r.o. Vessel certificates (navigability licences) are issued by the State Navigation
Administration. According to the new inland navigation act, the water transport section of
the Ministry of Transport, Posts and Telecommunications (it has 9 employees) issues


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transport licences to operators on the basis of proof of professional competence, good
financial standing and good repute, which it also verifies and confirms. The Ministry of
Transport, Posts and Telecommunications grants and withdraws permits for the
participation of foreign carriers in domestic waterway transport.

Council Regulation 718/1999 (including measures laid down by Commission Regulations
805/1999/EEC and 1532/2000/EC):
The functions of an Inland Waterway Fund will be fulfilled by the State Navigation
Administration from 1.1.2003 with the aim of monitoring the national fleet, collect
compulsory contributions, carry out support measures, report to the European Commission
and co-operate with other EU Member States.

Tasks that are yet to be fulfilled:

By 31.12.2002, technical and personnel conditions will be created for the State Navigation
Administration so that it can ensure the corresponding state expert oversight as defined in
Council Directives 76/135/EEC, 96/50/EC and 91/672/EEC, and Council Regulation
718/1999/EC on a Community fleet capacity policy to promote inland waterway transport
(including measures laid down by Commission Regulation 805/1999/EEC), for the relevant
units of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic,
which participate in the implementation of EU regulations in the field of inland waterway
transport in accordance with the plan for the sector's institutional reinforcement within the
framework of the integration process that has been prepared and is being gradually updated.

From 1.1.2003, Council Directives 76/135/EEC on reciprocal recognition of navigability
licences, 96/75/EC on the systems of chartering and pricing, 96/50/EC on the harmonisation
of the conditions for obtaining national boatmasters’ certificates, 82/714/EEC laying down
technical requirements for inland waterway vessels, and 91/672/EEC on the reciprocal
recognition of national boatmasters’ certificates, and Council Regulation 718/1999/EC on a
Community fleet capacity policy to promote inland waterway transport (including measures
laid down by Commission Regulations 805/1999/EEC and 1532/2000/EC) will be fully
implemented.

As of the date of accession, conditions will be created for the implementation of Council
Regulations 2919/85/EEC laying down the conditions for access to navigation of the Rhine,
1356/96/EC on common rules applicable to the transport of goods or passengers, and
3921/91/EEC laying down the conditions under which non-resident carriers may transport
goods or passengers by inland waterway within a Member State.

Progress achieved since the preceding NPAA:

 Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws entered
   into force on 1.1.2001. The following generally binding regulations implementing the act
   have already entered into force:
 Ministry of Transport, Posts and Telecommunications (MTPT) Decree No. 22/2001 Coll.
  laying down the details of the classification of waterways and individual sections thereof
  in the relevant classes in accordance with the classification of European waterways,
 MTPT Decree No. 123/2001 Coll. on the model code of carriage in public water transport
  by inland waterways,
 MTPT Decree No. 93/2001 laying down the details of the use of public ports and


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  collection of charges for their use by vessels,
 MTPT Decree No. 124/2001 Coll. laying down the details of the content, scope,
  examination and format of professional competence certificates for water transport
  carriers,
 MTPT Decree No. 59/2001 Coll. laying down the details of the marking of vessels,
 MTPT Decree No. 182/2001 Coll. laying down details on qualification assumes and
  professional competence verification for members of crews of vessels and for small vessel
  pilots.


Air transport

Progress achieved:

The integration process in this area is greatly influenced by the preparation of the ECAA (a
multilateral agreement on the creation of a common European aviation area), expert talks on
which were completed at the end of 1999. The ECAA was approved through Governmental
Resolution No. 863 of 25.10.2000 and the Minister of Transport, Posts and
Telecommunications (and Slovak Ambassador to the EC and the State Secretary of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic as proxies) was
authorised to sign the Agreement. The implementation of the Agreement will in practice mean
the adoption of and harmonisation with the whole acquis communautaire by 2002, as well as
the need to secure the Slovak Republic’s full membership in the Joint Aviation Authorities
(JAA), which play a decisive role in the harmonisation of technical aviation regulations
within the EU. The "Plan for the Preparation, Expert Review, Approval and Issuance of
Aviation Regulations for 2000, 2001 and 2002", which includes JAR issued by the JAA,
was elaborated in March 2000. JAR 1 was issued in 2000. JAR 66, JAR 145 and JAR 147
have been prepared for approval. JAR – FCL 1, JAR – FCL 2, JAR – FCL 3, JAR - STD 1A,
JAR – VLA, JAR – OPS 1, JAR – OPS 3, and JAR 21 will also be prepared and issued in
2001. Slovakia plans to prepare and issue JAR 26 and JAR - AWO in the 1st half of 2002.
JAR 22, JAR 23, JAR 25, JAR 27, JAR 29, JAR 36 and JAR - APU will not be translated into
Slovak - since they apply to a very narrow group of experts, their original English version will
be used. The Slovak Republic anticipates that it could attain the full membership of the JAA
by 30.6.2002.

In the areas of technical harmonisation, safety and the environment,35 partial compliance
has been achieved in defining and using compatible technical specifications in the
procurement of air traffic management equipment and systems, in line with Council Directive
93/65/EEC (including its modification by Commission Directive 97/15/EC and Commission
Regulation 2082/2000/EC), since the Slovak Republic is a member of EUROCONTROL.
Alignment with the requirements of Council Regulation 3922/91/EEC on the harmonisation
of technical requirements and administrative procedures in the field of civil aviation
(including its modification by Commission Regulations 2176/96/EC, 1069/99/EC and
2871/2000) will be carried out gradually, because of the need to implement JAR36. In the
area of the environment, harmonisation has been achieved with Council Directives

35
   Currently valid Act No. 143/1998 Coll. on Civil Aviation (Aviation Law) and on Amendment to Certain Laws
is also fully aligned with Council Directive 93/104/EC concerning the organisation of working time, including
implementing regulations.
36
   The implementation of Council Regulation 3922/91/EEC will be carried out through the ECAA applying
Protocol XIII on a transitional period until 31.12.2002.


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92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2,
Volume 1 of Annex 16 to the ICAO (including its modifications by 98/20/EC and 99/28/EC),
80/51/EEC on the limitation of noise emissions from subsonic aircraft (including its
modification by 83/206/EEC), and 89/629/EEC on the limitation of noise emission from civil
subsonic jet aeroplanes, and Council Regulation 925/99/EC on the registration and operation
within the Community of certain types of civil subsonic jet aeroplanes, since the Slovak
Republic is a member state of the ICAO. The provisions of the above directives only differ
from Annex 16 to the Convention in the defined maximum take-off mass. Other provisions
comply with Annex 16 to the Convention. The Slovak Republic is gradually fulfilling the
provisions restricting and forbidding the operation of aircraft failing to meet the noise
standards. From 1.4.2002, the Slovak Republic will not allow the operation of any jet aircraft
with a maximum take-off mass exceeding 34,000 kg without noise certification. As a member
of the EUROCONTROL, the Slovak Republic respects Council Resolution 99/804/EC on
the situation of air traffic delays. In the area of safety, compliance is yet to be achieved
with Council Directive 94/56/EC on the investigation of civil aviation accidents and incidents;
an independent institution for their investigation has not been established. On 29.3.2001, a
draft amendment to Act No. 143/1998 Coll. on Civil Aviation (Aviation Act), which will
enter into force on 1.1.2002, was submitted to the Legislative Council of the Government for
debate. § 18 of the draft amendment reads as follows:

"(3) The investigation of aviation accidents and incidents, with the exception of cases stated
under § 48 (2), is carried out by the Civil Aviation Authority. The Minister of Transport,
Posts and Telecommunications of the Slovak Republic appoints the members of the
permanent commission for the investigation of aviation accidents and incidents. The Minister,
or a person authorised by the Minister, appoints expert commissions for the investigation of
individual aviation accidents or incidents from among members of the permanent commission
for the investigation of aviation accidents and incidents."

The financial independence of investigation will be ensured through the fixing of a section of
the Civil Aviation Authority's finance for the purposes of investigation and analyses.

This will address the independent investigation of accidents in the conditions of the Slovak
Republic and, simultaneously, the full implementation of Council Directive 94/56/EEC will
be achieved.

Partial compliance with Council Directive 2000/79/EC concerning the European Agreement
on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers' Federation (ETF),
the European Cockpit Association (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA) has been achieved. The organisation of
the working time of civil aircraft crews in the Slovak Republic is addressed in Ministry of
Transport, Posts and Telecommunications Guidelines No. 18/96 on flight safety standards,
working periods and periods of rest for civil aircraft crews.

The Slovak Republic takes Council Resolution 2000/C 293/01 on the rights of air passengers
into account.




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In the area of access to the market,37 partial compliance (it is necessary to prepare
generally binding implementing regulations which will replace internal regulations of the
Ministry of Transport, Posts and Telecommunications) with the following Union legislation
has been achieved:

    Council Directive 96/67/EC on access to the groundhandling market at Community
     airports,
    Council Directive 93/13/EC on unfair terms in consumer contracts,
    Council Directive 90/314/EEC on package travel, package holidays and package tours,
    European Parliament and Council Directive 95/46/EC on the protection of personal data,
    Council Regulation 2407/92/EEC on the licensing of air carriers,
    Council Regulation 2409/92/EEC on fares and rates for air services,
    Council Regulation 95/93/EEC on common rules for the allocation of slots at Community
     airports,
    Council Regulations 2299/89/EEC on a code of conduct for computer reservation systems
     (including its modifications by 3089/93/EEC and 323/99/EEC),
    Council Regulation 295/91/EEC establishing common rules for a denied-boarding
     compensation system in scheduled air transport,
    Council Regulation 2027/97/EC on air carrier liability in the event of accidents,
    Council Decision 80/50/EEC setting up a consultation procedure on relations between
     Member States and third countries in the field of air transport;

In the area of reciprocal acceptance of personnel licences for the exercise of functions,
compliance with Council Directive 91/670/EEC has been achieved. The Slovak Republic
accepts all licences valid within the ICAO. The implementation of Council Regulation
2408/92/EEC on access for Community air carriers to intra-Community air routes is not
applicable until the Slovak Republic is included in the common aviation area38. For the time
being, the Slovak Republic follows bilateral agreements. Conditions have been created for
the implementation of Council Decision 98/434/EC concerning the Agreement between the
European Community, the European Space Agency and the European Organisation for the
Safety of Air Navigation on a European contribution to the development of a global
navigation satellite system (GNSS), and Council and Transport Ministers Resolution
89/726/EEC on capacity problems of the air carriage system, since the Slovak Republic is a
member of EUROCONTROL.

Institutional framework in the area of air transport:

Council Directive 94/56/EEC:
There is no permanent independent investigation authority in the Slovak Republic that would
meet the requirements of this Directive. Such a body will be established on 1.1.2002 within
the Civil Aviation Authority. The Minister of Transport, Posts and Telecommunications of
the Slovak Republic will appoint the members of the permanent commission for the
investigation of aviation accidents and incidents. The Minister, or a person authorised by the
37
   Currently valid Act No. 143/1998 on Civil Aviation (Aviation Act) and on Amendment to Certain Laws,
including its implementing regulations, has also been aligned with Council Regulations 2410/92/EEC (including
its modification by 3975/87/EEC), 4064/89/EEC (including its modification by 1310/97/EC) and 1284/91/EEC,
and Commission Regulation 4261/88/EEC (including its modification by 3666/93/EEC) related to the rules of
competition. Act No. 188/1994 Coll. on the Protection of Competition as amended by Act No. 240/1998 Coll. on
Agriculture and on Amendment to Other Laws is fully aligned with Council Regulation 4064/89/EEC.
38
    The implementation of Council Regulation 2408/92/EEC will be carried out through the ECAA, while
applying Protocol XIII on a transitional period until 31.12.2002.


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Minister, will appoint expert commissions for the investigation of individual aviation
accidents or incidents from among members of the permanent commission for the
investigation of aviation accidents and incidents.

Council Directive 96/67/EC, Council Regulations 2407/92/EEC, 2409/92/EEC, 2299/89/EEC,
295/91/EEC, 2027/97/EC, and 2408/92/EEC:
The area of access to the market is under the competence of the Ministry of Transport, Posts
and Telecommunications - Civil Aviation Division (10 employees). The Airport Users'
Committee consisting of all users of the relevant airports have not been set up.

Council Directives 92/14/EEC, 80/51/EEC, 89/629/EC, 2000/79/EC and Council Regulation
3922/91/EEC:
In 1998, the Civil Aviation Authority (it has 55 employees) was established as a state
administration body under the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic (it is financed from the Ministry’s budget chapter); it performs regulatory
activities in line with the above EU regulations and operates as a special construction
authority for civil aviation.

Council Regulation 95/93/EEC:
Due to infrequent traffic, airports in the Slovak Republic are not in the group of airports with
allocation of slots. The co-ordinated airport therefore has not been established. The necessary
analyses are carried out by the Slovak Airports Administration.

Council Directive 93/65/EEC (including its modification by 97/15/EC):
The Civil Aviation Authority oversees the observance of the use of compatible technical
specifications in the procurement of air traffic management equipment and systems and
carries out activities related to the qualified state expert oversight of civil aviation. The actual
procurement is secured by the state enterprise Letové prevádzkové služby, š.p., which was
set up by the Ministry of Transport, Posts and Telecommunications on 1.1.2000, in
accordance with the requirements of EUROCONTROL.

Tasks that are yet to be fulfilled:

From 1.1.2002, Council Directive 94/56/EC on the investigation of civil aviation accidents
and incidents (create conditions for the independent investigation of accidents), Council
Directives 96/67/EC on access to the groundhandling market at Community airports,
93/13/EC on unfair terms in consumer contracts and 90/314/EEC on package travel, package
holidays and package tours, European Parliament and Council Directive 95/46/EC on the
protection of personal data, Council Regulations 2407/92/EEC on licensing of air carriers,
2409/92/EEC on fares and rates for air services, 95/93/EEC on common rules for the
allocation of slots at Community airports, 2299/89/EEC on a code of conduct for computer
reservation systems, 295/91/EEC establishing common rules for a denied-boarding
compensation system in scheduled air transport, and 2027/97/EC on air carrier liability in the
event of accidents39 will be fully implemented through Act No. 143/1998 Coll. on Civil
Aviation (Aviation Act) and on Amendment to Certain Laws and the relevant generally
binding implementing regulations.

39
     In the case of Council Regulation 2027/97/EC, the new Montreal Convention will be followed.


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By 31.12.2001, personnel and technical conditions for the Civil Aviation Authority will be
created so that the independent investigation of accidents defined by Council Directive
94/56/EEC, corresponding state expert oversight in line with Council Directive 93/65/EEC
and the implementation of JAA regulations (JAR) in accordance with Council Regulation
3922/91/EEC are ensured.

From 1.7.2002 Council Directive 2000/79/EC concerning the European Agreement on the
Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers' Federation (ETF),
the European Cockpit Association (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA), Council Regulation 3922/91/EEC on
the harmonisation of technical requirements and administrative procedures in the field of civil
aviation and 2408/92/EEC on access for Community air carriers to intra-Community air
routes will be fully implemented through an amendment to Act No. 143/1998 on Civil
Aviation (Aviation Act) and on Amendment to Certain Laws40.

By 30.6.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of air transport in line with the plan for the
sector's institutional reinforcement within the framework of the integration process, which has
been elaborated and is being gradually updated.

Progress achieved since the preceding NPAA:

  On 29.3.2001, a draft amendment to Act No. 143/1998 Coll. on Civil Aviation (Aviation
   Act), which will enter into force on 1.1.2002, was submitted to the Legislative Council of
   the Government for debate. The draft amendment implements the following:
 independent investigation of accidents in the conditions of the Slovak Republic as defined
  by Council Directive 94/56/EEC.
   The draft amendment partially implements the following:

40
 This amendment will also be aligned with the following:
  Council Directive 92/59/EEC on general product safety – falls under the chapter Consumer and Health
   Protection (responsible authority - Ministry of Economy); here it will be necessary to secure harmonisation
   with Act No. 310/1999 amending Act No. 634/1992 on Consumer Protection as amended and on
   Amendment to Certain Laws, since this Act has been fully aligned with the Directive,
 Council Regulations 2411/92/EEC and 1617/93/EEC (including its modification by 1523/96/EC),
   Commission Regulation 3652/93/EEC concerning certain types of agreement and practices between
   undertakings in air transport, Council Regulation 447/98/EC on the control of concentrations between
   undertakings - these fall under Competition Policy (responsible authority - Anti-Monopoly Office, which
   will have to secure alignment of Act No. 188/1994 on the Protection of Competition as amended by Act No.
   240/1998 on Agriculture and on Amendment to Certain Other Laws with these EU regulations),
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings - (responsible authority - the Anti-
   Monopoly Office in co-operation with the Ministry of Finance, which will have to secure the alignment of
   State Aid Act No. 231/1999 with this Directive).
 Council Regulation 3976/87/EEC (including its modification by 2411/92/EEC), Commission Regulation
   1617/93/EEC (including its modifications by 1523/96/EC, 1083/99/EC), Commission Regulation
   3652/93/EEC concerning certain types of agreement and practices between undertakings in air transport, and
   Council Regulation 447/98/EC on the control of concentrations between undertakings,
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings.


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 Council Regulation 2407/92/EEC, since it deals with air carriers that are holders of the
  air carrier certificate and the issue of carriers' financial standing,
 Council Regulation 2027/97/EC, since it addresses the advance payment for damages
  sustained in the event of death, wounding or any other bodily injury to cover the direct
  economic needs of the injured persons or their relatives,
 Council Regulation 295/91/EEC since it addresses the compensation of persons denied
  boarding.


Maritime transport

Progress achieved:

The Slovak Republic owns 3 marine vessels with a total tonnage of 19 499 DWT. Their rate
of utilisation is currently at approx. 60%.

On 1.1.2001, Maritime Navigation Act No. 435/2000 Coll. entered into force. In the field of
maritime safety, this act has been aligned with41:
 Council Directive 94/57/EC on common rules and standards for ship inspection and
   survey organisations (including its modification by 97/58/EC, and Commission Decision
   96/587/EC and its modification by 98/403/EC), since sea boat inspections are carried out
   in accordance with the requirements of SOLAS and authorisation agreements have been
   concluded with the relevant classification organisations42,
 Council Regulation 94/58/EC on the minimum level of training of seafarers, including its
   modification by 98/35/EC (the Slovak Republic is a signatory of the STCW Convention),
 Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the
   North Sea and English Channel.

Maritime Navigation Act No. 435/2000 Coll. also addresses the issue of carriage of
dangerous or polluting goods, however, it is of a more general nature than Council
Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving
Community ports and carrying dangerous or polluting goods (including its modifications by
96/39/EC, 97/26/EC, 98/55/EC and 98/74/EC). The Slovak Republic is a signatory of SOLAS
and MARPOL, applies the regulations of IMDG, IBC and IGC, and, as a member of the
IMO, observes IMO Resolution A 648 (16), which means that the stated Directive has been
implemented43.

The requirements of Council Regulation 613/91/EEC on the transfer of ships from one
register to another are partially taken into account in the Maritime Navigation Act, while
Commission Regulation 2158/93/EEC concerning the application of amendments to the

41
   Maritime Navigation Act No. 435/2000 Coll. and the Labour Code have also been fully aligned with Council
Directive 1999/63/EC concerning the Agreement on the Organisation of Working Time of Seafarers concluded
by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers' Unions
in the European Union (FST), since the maximum hours of work, minimum hours of rest, minimum age of
seafarers, professional competence, fitness of crew members, and the period of paid leave have been harmonised.
The Slovak Republic has yet to ratify ILO Conventions No. 147 and 180.
42
   As of the date of accession, the Slovak Republic will have to terminate its contractual relationship with
classification companies Polski Rejestr Statkow Gdyna and Chorvátsky Register, since the EU does not accept
these.
43
   The Slovak Republic has accepted the requirements defined in the INF Code, however, it does not currently
carry burnt radioactive fuel (waste) and owns no special vessels for this purpose.


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International Convention for the Safety of Life at Sea, 1974, and to the International
Convention for the Prevention of Pollution from ships, 1973, for the purpose of Council
Regulation 613/91/EEC is implemented fully, since the Slovak Republic is a signatory of
SOLAS and MARPOL. The Slovak Republic takes European Parliament and Council
Decision 2850/2000/EC, setting up a Community framework for cooperation in the field of
accidental or deliberate marine pollution, into account.

At present, the Slovak Republic does not own seagoing fishing and ferry vessels. Maritime
Navigation Act No. 435/2000 Coll. does not relate to seagoing fishing and ferry vessels; it is
not possible to register this type of vessels in the Slovak Republic, which means that the
implementation of Council Directive 98/18/EC on safety rules and standards for passenger
ships, 97/70/EC (including its modification by Council Directive 1999/19/EC) setting up a
harmonised safety regime for fishing vessels of 24 metres in length and over, and Council
Regulation 3051/95/EC on the safety management of roll-on/roll-off passenger ferries
(including supplementing Council Regulation 179/98/EEC) is not possible.

Partial compliance has been achieved with Council Directive 96/98/EC on marine
equipment. A draft ordinance of the Government of the Slovak Republic on vessel equipment
implementing Act No. 264/1999 Coll. 1999 on Technical Requirements for Products and
Conformity Assessment has been prepared. It is expected that the ordinance will enter into
force on 1.8.2001.

As regards Council Decisions 83/573/EEC concerning counter-measures in the field of
international merchant shipping (connected with Council Decision 77/587/EEC setting up a
consultation procedure between Member States and third countries), 92/143/EEC on radio-
navigation systems for Europe, and 78/774/EEC concerning the activities of certain third
countries in the field of cargo shipping (including its modification by 89/242/EEC), the
Slovak Republic observes these regulations.

In the area of access to the market, or freedom to provide services, the Slovak Republic
implements the requirements of Council Regulation 954/79/EEC concerning the ratification
by Member States of, or their accession to, the UN Convention on a Code of Conduct for
Liner Conferences (the Slovak Republic is a party to this Convention). Although the draft
new maritime navigation act contains no special regulations concerning the right to provide
services, it places no restrictions on the implementation of the requirements from Council
Regulation 4055/86/EEC applying the principle of freedom to provide services or
Commission Regulation (EC) 823/2000 of 19 April 2000 on the application of Article 81(3)
of the Treaty to certain categories of agreements, decisions and concerted practices between
liner shipping companies (consortia). Since the Slovak Republic has concluded no bilateral
agreements on cargo sharing, the implementation of the above Regulation constitutes no
problem for the Slovak Republic. The Slovak Republic observes Council Regulations
4058/86/EEC concerning coordinated action to safeguard free access to cargoes in ocean
trades and 4057/86/EEC on unfair pricing practices. These regulations contain procedures
applying to the European Commission in particular and the Slovak Republic expects no
problems in their implementation. Council Regulation 3577/92/EEC concerning maritime
cabotage does not apply to the Slovak Republic since it is a land-locked country.

In the area of the freedom to establish maritime transport undertakings, the Maritime
Navigation Act has been fully aligned with Articles 43-48 of the Treaty on EU (ECJ Cases
167/73 and 246/89) - it enables non-residents to undertake freely in the territory of the Slovak


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Republic and applies equal conditions for citizens of the Slovak Republic and foreigners in
administrative proceedings.

In the area of free movement of labour - Article 39 of the Treaty on EU (ECJ Case 167/73),
the Maritime Navigation Act is very liberal, which is connected with the lack of domestic
labour force in maritime transport. Neither permits for residence in the territory of the Slovak
Republic nor employment permits, as stipulated by Employment Act No. 287/1996 Coll. as
amended, will be required for the employment of foreigners or stateless persons as crew
members. Similarly, the Maritime Navigation Act does not obstruct the employment of
citizens of the Slovak Republic on a vessel sailing under a state flag other than Slovak. This
has removed any discrimination between citizens of the Slovak Republic and non-residents in
employment and Article 39 of the Treaty on EU was fully implemented.

The following generally binding implementing regulations to the Maritime Navigation Act
will enter into force by 31.12.2001:

 Ministry of Transport, Posts and Telecommunications (MTPT) Decree on the use of the
  state flag of the Slovak Republic and other flags on maritime vessels sailing under the flag
  of the Slovak Republic,
 MTPT Decree on the maintenance of the maritime register of the Slovak Republic,
 MTPT Decree on vessel certificates and documentation, logbooks and documents of the
  crew members of marine vessels sailing under the state flag of the Slovak Republic,
 MTPT Decree on measures in the event of child birth, death, missing persons and person
  overboard on a maritime vessel sailing under the flag of the Slovak Republic,
 MTPT Decree on professional competence of the crew members of maritime vessels
  sailing under the state flag of the Slovak Republic,
 MTPT Decree on marine recreational vessels and professional competence of marine
  recreational vessel boatmasters.

Since the Slovak Republic is a land-locked country, the implementation of the following EU
legislation is not possible:
 Articles 85 and 86 (1) of the Treaty on EU (ECJ Cases 179/90 and 119/94) in connection
    with the provision of services at ports,
 European Parliament and Council Directive 1999/95/EC which applies the provisions of
    Council Directive 1999/63/EC on inspections at Community ports,
 Council Regulation 2978/94/EC on the implementation of IMO Resolution A.747(18) on
    the application of tonnage measurement of ballast spaces in segregated ballast oil tankers,
 Council Directive 98/41/EC on the registration of persons sailing on board passenger
    ships operating to or from ports of the Member States of the Community,
 Council Directive 95/21/EC (including its modification by Commission Directive
    1999/97/EC) concerning the enforcement, in respect of shipping using Community ports
    and sailing in the waters under the jurisdiction of the Member States, of international
    standards for ship safety, pollution prevention and shipboard living and working
    conditions (including its modifications by 98/25/EC and 98/42/EC),
 Council Directive 1999/35/EC on a system of mandatory surveys for the safe operation of
    regular ro-ro ferry and high-speed passenger craft services,
 Commission Directive 96/40/EC establishing a common model for an identity card for
    inspectors carrying out port State control,
 European Parliament and Council Directive 2000/59/EC on port reception facilities for


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    ship-generated waste and cargo residues.

Institutional framework in the area of maritime transport:

In maritime transport, the function of a Maritime Office has been fulfilled by the maritime
navigation unit (it has 3 employees), a part of the water transport section at the Ministry of
Transport, Posts and Telecommunications, which performs state oversight of the
navigability of marine vessels and recreational vessels since 1993.

Council Directive 96/98/EC:
This Directive addresses conformity assessment for specified marine equipment and its
inspection on vessels. Slovenský Lloyd s.r.o., an independent organisation, will become the
notified body from 1.8.2001. The relevant audits will be carried out by the Office of
Standardisation, Metrology and Testing. As regards the inspection of this equipment on
vessels, classification companies with which the Slovak Republic has concluded
authorisation agreements (Lloyds Register London, Germanishe Lloyd Hamburg, Polski
Rejestr Statkow Gdyna, Russian Maritime Register and Croatian Register) perform this
fully and in compliance with the above Directive.

Council Directive 93/75/EC:
The Ministry of Transport, Posts and Telecommunications - Maritime Office, is
responsible for the implementation of this Directive.

Council Regulations 613/91/EEC and 3051/95/EC, and Council Directives 94/57/EC,
90/70/EC (including its modification by Council Directive 1999/19/EC), and 98/18/EC:
The Ministry of Transport, Posts and Telecommunications has authorised classification
companies (Lloyds Register London, Germanishe Lloyd Hamburg, Polski Rejestr
Statkow Gdyna, Russian Maritime Register and Croatian Register) to approve the
technical fitness of marine vessels. At present, the Slovak Republic owns no vessels specified
in Council Directives 90/70/EC (including its modification by council Directive 1999/19/EC),
98/18/EC and Council Regulation 3051/95/EC.

Tasks that are yet to be fulfilled:

From 1.8.2001, Council Directive 96/98/EC on marine equipment will be fully implemented
through an ordinance of the Government of the Slovak Republic on vessel equipment
implementing Act No. 264/1999 Coll. 1999 on Technical Requirements for Products and
Conformity Assessment. Slovenský Lloyd s.r.o., an independent organisation, will become
the notified body. The relevant audits will be carried out by the Office of Standardisation,
Metrology and Testing.

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of maritime transport in line with the plan
for the sector’s institutional reinforcement within the framework of the integration process,
which has been elaborated and is being gradually updated.

From 1.1.2003, conditions will be created for the implementation of Council Regulation
613/91/EEC on the transfer of ships from one register to another.



                                                    205
National Programme for the Adoption of the Acquis                                            Transport Policy


Progress achieved since the preceding NPAA:

     On 1.1.2001, Maritime Navigation Act No. 435/2000 Coll. entered into force.


Short and medium-term priorities

Development of infrastructure and Trans-European Transport Networks (TEN)

By 31.12.2001:
 approve the "Road Construction Programme" and "Road Repair and Maintenance
   Programme". These programmes will represent a concept for the further development of
   the road network, including financing.

From 30.6.2002:
 introduce a compatible accounting system for infrastructure expenditure on road, rail and
   inland waterway transport and a system for reporting data on infrastructure expenditure to
   the European Commission in accordance with Council Regulation 1108/70/EEC.

IV.     Institutional framework in the area of the development of infrastructure:

As of accession:
 implement Council Regulation 2236/95/EC on financing the TEN, prepare authorities
   responsible for the system of financing from Community funds.

Horizontal issues

From 1.1.2002:
 create conditions for the implementation of Council Regulation 1107/70/EEC on the
   granting of aids for transport by rail, road and inland waterway through an amendment to
   State Aid Act No. 231/1999 Coll.

From 30.6.2002:
 create conditions for the implementation Council Regulation 1191/69/EEC in road
   transport through an amendment to Act No. 168/1996 Coll. on Road Transport as
   amended44.


Transport of dangerous goods

From 1.1.2003:
 secure the full implementation of Council Directives 94/55/EC, 95/50/EC45, 96/49/EC,
   96/35/EC, and European Parliament and Council Directive 2000/18/EC through an act on

44
   This amendment will also address harmonisation with Council Directive 93/38/EC co-
ordinating the procurement procedures of entities operating in the water, energy, transport and
telecommunications sectors.
45
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of transport of dangerous goods or perishable foodstuffs.


                                                    206
National Programme for the Adoption of the Acquis                                            Transport Policy


     the transport of dangerous goods.

V.      Institutional framework in the area of the transport of dangerous goods:

By 31.12.2002:
 create personnel and technical conditions for responsible authorities in accordance with
   Directives 94/55/EC, 95/50/EC46, 96/49/EC, 96/35/EC and European Parliament Council
   Directive 2000/18/EC, so that vehicle controls can be carried out effectively, the system
   for the control of transport of dangerous goods by rail is prepared thoroughly, and the
   function of safety adviser introduced in road, rail and inland waterway transport, including
   the necessary vocational training and quality monitoring.


Road transport

From 30.6.2002:
 partially implement Council Directive 96/26/EC, including its last modification by
   98/76/EC, which regulates access to the profession, and for financial standing, legislate a
   timetable for the gradual alignment of the amount with that valid in the EU through an
   amendment to Act No. 168/1996 Coll. on Road Transport as amended.
 secure conditions for the implementation of Council regulation 3916/90/EEC on measures
   to be taken in the event of a crisis in the market and a system for the monitoring of tariffs
   as defined by Council Regulation 4058/89/EEC.

From 1.1.2003:
 fully implement Council Directive 84/647/EEC on the use of vehicles hired without
   drivers for the carriage of goods by road,
 fully implement European Parliament and Council Directive 1999/62/EC with the aim of
   fully harmonising the area of taxation of selected categories of heavy goods vehicles
   through an amendment to Act No. 87/1994 Coll. on Road Tax as amended and the area of
   user charges through a new act on land communications.

From 31.3.2003:
 fully implement Council Directive 96/53/EC laying down maximum dimensions and
   maximum weights of vehicles and Council Directive 92/6/EEC on the installation and use
   of speed limitation devices through a new decree of the Ministry of Transport, Posts and
   Telecommunications of the Slovak Republic on vehicles' operation on roads,
 secure conditions for the implementation of Council Regulation 3820/85/EEC, including
   internally, together with the requirements of Council Directive 88/599/EEC on standard
   control procedures and its last modification by Council Regulation 2135/98/EC
 secure conditions for the implementation of Council Regulation 4060/89/EEC (including
   its modification by 3356/91/EEC) and 3912/92/EEC related to the elimination of certain
   types of controls performed at frontiers in road and inland waterway transport.

As of accession:


46
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of transport of dangerous goods or perishable foodstuffs.


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National Programme for the Adoption of the Acquis                                          Transport Policy


 secure conditions for the implementation of First Council Directive 62/2005/EEC,
  Council Regulations 881/92/EEC, 684/92/EEC, 12/98/EC, 56/83/EEC, and 3118/93/EC
  (modified by Council Regulation 3315/94/EC), and Commission Regulations 2121/98/EC
  and 792/94/EC (application of Council Regulation 3118/93/EC), which are related to
  access to the market47,
 fully implement Council Directive 96/26/EC, including its last modification by 98/76/EC,
  which regulates access to the profession, mainly in the area of the verification of good
  repute through amendments to Road Transport Act No. 168/1996 Coll. as amended, Act
  No. 95/2000 Coll. on Labour Inspection and on Amendment to Certain Laws, Act No.
  372/1990 Coll. on Offences as amended and the act on the transport of dangerous goods
  being prepared,
 fully implement Council Directive 91/439/EEC on driving licences, including its
  modifications by 94/72/EC, 96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC
  (Commission Directive) and Commission Decision 2000/275/EC through an amendment
  to Act No. 315/1996 Coll. on Roads Traffic,
 secure the implementation of the requirements related to electronic recording equipment
  (tachograph) as defined by Council Regulation 2135/98/EC
 fully implement European Parliament and Council Directive 2000/30/EC on the technical
  roadside inspection of the roadworthiness of commercial vehicles circulating in the
  Community.

Institutional framework in the area of road transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of road transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated,
 create personnel and technical conditions for other institutions participating in the
   implementation of EU legislation on the area of road transport, especially the Police Force
   and National Labour Inspectorate.

By 31.3.2003:
 create personnel and technical conditions for the State Transport Office (separate it from
   the Office of the Ministry of Transport, Posts and Telecommunications) to secure the full
   implementation of Council Directive 96/53/EC and Directives concerning type approval
   and conformity assessment of motor vehicles.

By 31.12.2003:
 create a "Central Register of Offences in Domestic and International Haulage and Bus
   Transport" with the aim of facilitating the implementation of Council Directives 95/50/EC
   on uniform procedures for checks on the transport of dangerous goods by road,
   88/599/EEC on standard control procedures for the implementation of Council
   Regulations 3820/85/EEC, 1999/62/EC on the charging of heavy goods vehicles for the
47
  Co-operation with the European Commission will be necessary in the area of defining the instruments which
will facilitate the process of harmonisation and subsequent implementation. The proposed International Road
Union (IRU) strategy, especially the step-by-step process of expansion by increasing the special quota of
Community permits (similar to the CEMT quota) also seems to be an option in the pre-accession period,
depending on the degree of harmonisation with the acquis.


                                                    208
National Programme for the Adoption of the Acquis                                            Transport Policy


     use of certain infrastructures, 96/53/EC on the maximum dimensions of certain vehicles in
     domestic and international transport and maximum weights of certain vehicles in domestic
     and international transport, and 96/26/EC (including its modification by 98/76/EC)
     regulating access to the profession, Commission Decision 93/173/EEC, and Council
     Regulations 4060/89/EEC (including its modification 3356/91/EEC) and 3912/92/EEC
     related to the elimination of certain types of controls performed at frontiers in road and
     inland waterway transport.


Rail transport

From 1.1.2003:
 fully implement European Parliament and Council Directive 2001/13/EC amending
   Council Directive 95/18/EC on the licensing of railway undertakings, Council Directive
   2001/16/EC on the interoperability of the trans-European conventional rail system and
   Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail
   system,
 fully implement the requirements stated in Council Regulation 1192/69/EEC on common
   rules for the normalisation of the accounts of railway undertakings.

As of accession:
 fully implement Council and European Parliament Directive 2001/14/EC on the allocation
   of railway infrastructure capacity and the levying of charges for the use of railway
   infrastructure and safety certification, and European Parliament and Council Directive
   2001/12/EC amending Council Directive 91/440/EEC on the development of the
   Community's railways.

Institutional framework in the area of rail transport:

By 31.6.2003:
 complete the personnel and equipment of the rail transport regulatory authority to fully
   implement Council Directive 95/18/EC and European Parliament and Council Directives
   2001/13/EC and 2001/14/EC,
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of rail transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated.


Combined transport

As of accession48:
 fully implement Council Directive 92/106/EEC on the establishment of common rules for
   certain types of combined transport of goods between Member States.

48
  The implementation of Council Directive 92/106/EEC requires the exemption of combined transport from the
system of quotas and permits. This liberalisation will be connected with the implementation of directives and
regulations related to access to the road transport market, where it is probable that the Slovak Republic will
follow bilateral agreements until the time of accession.


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National Programme for the Adoption of the Acquis                                            Transport Policy


Institutional framework in the area of combined transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications participating in the implementation of EU
   legislation on the area of combined transport in line with the plan for the sector's
   institutional reinforcement within the framework of the integration process, which has
   been elaborated and is being gradually updated,


Air transport

From 1.1.2002:
 fully implement Council Directive 94/56/EC on the investigation of civil aviation
   accidents and incidents (create conditions for the independent investigation of accidents),
   Council Directives 96/67/EC on access to the groundhandling market at Community
   airports, 93/13/EC on unfair terms in consumer contracts and 90/314/EEC on package
   travel, package holidays and package tours, European Parliament and Council Directive
   95/46/EC on the protection of personal data, Council Regulations 2407/92/EEC on
   licensing of air carriers, 2409/92/EEC on fares and rates for air services, 95/93/EEC on
   common rules for the allocation of slots at Community airports, 2299/89/EEC on a code
   of conduct for computer reservation systems, 295/91/EEC establishing common rules for
   a denied-boarding compensation system in scheduled air transport, and 2027/97/EC on air
   carrier liability in the event of accidents49 through Act No. 143/1998 Coll. on Civil
   Aviation (Aviation Act) and on Amendment to Certain Laws and the relevant generally
   binding implementing regulations.

From 30.6.2002:
 fully implement Council Directive 2000/79/EC concerning the European Agreement on
   the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
   Association of European Airlines (AEA), the European Transport Workers' Federation
   (ETF), the European Cockpit Association (ECA), the European Regions Airline
   Association (ERA) and the International Air Carrier Association (IACA), Council
   Regulation 3922/91/EEC on the harmonisation of technical requirements and
   administrative procedures in the field of civil aviation and 2408/92/EEC on access for
   Community air carriers to intra-Community air routes through an amendment to Act No.
   143/1998 on Civil Aviation (Aviation Act) and on Amendment to Certain Laws50.

49
 In the case of Council Regulation 2027/97/EC, the new Montreal Convention will be followed.
50
 This amendment will also be aligned with the following:
 Council Directive 92/59/EEC on general product safety – falls under the chapter Consumer and Health
   Protection (responsible authority - Ministry of Economy); here it will be necessary to secure harmonisation
   with Act No. 310/1999 amending Act No. 634/1992 on Consumer Protection as amended and on
   Amendment to Certain Laws, since this Act has been fully aligned with the Directive,
 Council Regulations 2411/92/EEC and 1617/93/EEC (including its modification by 1523/96/EC),
   Commission Regulation 3652/93/EEC concerning certain types of agreement and practices between
   undertakings in air transport, Council Regulation 447/98/EC on the control of concentrations between
   undertakings - these fall under Competition Policy (responsible authority - Anti-Monopoly Office, which
   will have to secure alignment of Act No. 188/1994 on the Protection of Competition as amended by Act No.
   240/1998 on Agriculture and on Amendment to Certain Other Laws with these EU regulations),
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings - (responsible authority - the Anti-


                                                    210
National Programme for the Adoption of the Acquis                                            Transport Policy




Institutional framework in the area of air transport:

By 31.12.2001:
 create personnel and technical conditions for the Civil Aviation Authority to ensure the
   independent investigation of accidents in line with Council Directive 94/56/EEC,
   corresponding state expert oversight in line with Council Directive 93/65/EEC and the
   implementation of JAA regulations (JAR) in accordance with Council Regulation
   3922/91/EEC.

By 30.6.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of air transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated.


Inland waterway transport

From 1.1.2003:
 fully implement Council Directives 76/135/EEC on reciprocal recognition of navigability
   licences, 96/75/EC on the systems of chartering and pricing, 96/50/EC on the
   harmonisation of the conditions for obtaining national boatmasters’ certificates,
   82/714/EEC laying down technical requirements for inland waterway vessels, and
   91/672/EEC on the reciprocal recognition of national boatmasters’ certificates, and
   Council Regulation 718/1999/EC on a Community fleet capacity policy to promote inland
   waterway transport (including measures laid down by Commission Regulations
   805/1999/EEC and 1532/2000/EC).

As of accession:
 create conditions for the implementation of Council Regulations 2919/85/EEC laying
   down the conditions for access to navigation of the Rhine, 1356/96/EC on common rules
   applicable to the transport of goods or passengers, and 3921/91/EEC laying down the
   conditions under which non-resident carriers may transport goods or passengers by inland
   waterway within a Member State.

Institutional framework in the area of inland waterway transport:

By 31.12.2002:
 create technical and personnel conditions for the State Navigation Administration so that
   it can ensure the corresponding state expert oversight as defined in Council Directives

    Monopoly Office in co-operation with the Ministry of Finance, which will have to secure the alignment of
    State Aid Act No. 231/1999 with this Directive).
   Council Regulation 3976/87/EEC (including its modification by 2411/92/EEC), Commission Regulation
    1617/93/EEC (including its modifications by 1523/96/EC, 1083/99/EC), Commission Regulation
    3652/93/EEC concerning certain types of agreement and practices between undertakings in air transport, and
    Council Regulation 447/98/EC on the control of concentrations between undertakings,
   Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
    financial relations between Member States and public undertakings.


                                                    211
National Programme for the Adoption of the Acquis                                Transport Policy


  76/135/EEC, 96/50/EC and 91/672/EEC, and fulfil functions arising from Council
  Regulation 718/1999/EC on a Community fleet capacity policy to promote inland
  waterway transport (including measures laid down by Commission Regulation
  805/1999/EEC)
 create personnel and technical conditions for the relevant units of the Ministry of
  Transport, Posts and Telecommunications of the Slovak Republic participating in the
  implementation of EU legislation on the area of inland waterway transport in line with the
  plan for the sector's institutional reinforcement within the framework of the integration
  process, which has been elaborated and is being gradually updated.


Maritime transport

From 1.8.2001:
 fully implement Council Directive 96/98/EC on marine equipment through an ordinance
   of the Government of the Slovak Republic on vessel equipment implementing Act No.
   264/1999 Coll. 1999 on Technical Requirements for Products and Conformity
   Assessment. Slovenský Lloyd s.r.o., an independent organisation, will become the
   notified body. The relevant audits will be carried out by the Office of Standardisation,
   Metrology and Testing.

From 1.1.2003:
 create conditions for the implementation of Council Regulation 613/91/EEC on the
   transfer of ships from one register to another.

Institutional framework in the area of maritime transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of maritime transport in line with the plan
   for the sector's institutional reinforcement within the framework of the integration process,
   which has been elaborated and is being gradually updated.




                                                    212
National Programme for the Adoption of the Acquis 2001                                                                Transport Policy


Administrative and financial requirements

INSTITUTION             COMPETENCES                                   200151             200252              2003               2004
                                                                number of expendit number of expendit number of expendit number of expendit
                                                                employees ure      employees ure      employees ure      employees ure
                                                                          ('000 of           ('000 of           ('000 of           ('000 of
                                                                          SKK)               SKK)               SKK)               SKK)



Co-ordination and horizontal units
 European                                                      5            2679.3   2           1403.7   0    119        0             69
   Integration and
   Foreign
   Relations
   Division of the
   MTPT -
   European
   integration
   section + head
   of the section
 European                                                      1            526.6    0           28.4     0    18         0             18
   Integration and
   Foreign
   Relations
   Division of the
   MTPT -
   international co-
   operation

51
     The data for 2001 represent absolute figures for the planned number of employees and expenditure.
52
     Data for 2002-2004 represent changes, always as a comparison with the preceding year.

                                                                       213
National Programme for the Adoption of the Acquis 2001                                                         Transport Policy


INSTITUTION             COMPETENCES                            200151             200252              2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



    section
   Strategy and                                         6           2642     0       158      0         368        0             138
    Development
    Section of the
    MTPT
   Legislation and                                      4           1311.2   2       1016.8   0         176        0             188
    Law Division of
    the MTPT
   Inspection and                                       1           600      2       836      0         241        0             48
    Complaints
    Section of the
    MTPT

INSTITUTION             COMPETENCES                             2001               2002               2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



   Budget and                                           1           1144     1       856      0         229        0             280
    Internal
    Economics


                                                               214
National Programme for the Adoption of the Acquis 2001                                                          Transport Policy


INSTITUTION             COMPETENCES                             2001               2002               2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



   Division of the
   MTPT – budget
   and financing
   section (sectoral
   statistics)
Development of infrastructure and Trans-European Transport Networks (TEN)
 European                                                  3       933.8   2         1041.2   0         - 26        0             99
   Integration and
   Foreign
   Relations
   Division of the
   MTPT - a
   separate foreign
   assistance
   department
 MTPT – Road        - specifies the methodology and        2       1117    1         406      0         77          0             121
   Infrastructure        form of maintenance of national
   Division              accounts in transport and monitors
                         the accounting system for
                         infrastructure expenditure
                     - implementation of Council
                         Regulation 1267/1999/EC
 State Road         secures the collection of user charges 0       0       1         406      0         - 22        0             41
   Management        as defined in EP and Council Directive


                                                               215
National Programme for the Adoption of the Acquis 2001                                                                                          Transport Policy


INSTITUTION              COMPETENCES                                           2001               2002               2003               2004
                                                                        number of expendit number of expendit number of expendit number of expendit
                                                                        employees ure      employees ure      employees ure      employees ure
                                                                                  ('000 of           ('000 of           ('000 of           ('000 of
                                                                                  SKK)               SKK)               SKK)               SKK)



     Fund53              1999/62/EC

    Slovak Road         implementation of Council Regulation 5                       1630       2             582         0             65          0             120
     Administration      1267/1999/EC
    ŽSR                 implementation of Council Regulation 0                       0          5             1800        0             -132        0             92
                         1267/1999/EC
Road transport
 MTPT – Road            -   issues transport licences for regular 7                  2993       5             2361        0             839         0             115
   Transport                 bus transport and international bus
   Division                  lines
                         -   hands out authorisations for
                             occasional bus transport and road
                             haulage not addressed to specific
                             domestic carriers
                         -   methodically directs transport and
                             road management departments at
                             district and regional state
                             administration offices
                         -   oversees how regional and district
                             state administration offices apply
                             Act No. 135/1961 Coll. on Land

53
 Through Resolution No. 166/2001, the financing of the Fund was integrated into the MTPT budget chapter; the staff will be included under the MTPT and the Slovak Road
Administration. The reform is yet to be completed.


                                                                                216
National Programme for the Adoption of the Acquis 2001                                                                  Transport Policy


INSTITUTION             COMPETENCES                                       2001               2002               2003               2004
                                                                   number of expendit number of expendit number of expendit number of expendit
                                                                   employees ure      employees ure      employees ure      employees ure
                                                                             ('000 of           ('000 of           ('000 of           ('000 of
                                                                             SKK)               SKK)               SKK)               SKK)



                            Communications and generally
                            binding legal regulations issued for
                            the implementation thereof
                        -   authorises natural persons to carry
                            out examination of instructor
                            licence applicants and keeps a
                            register on them
                        -   issues thematic plans for the
                            further training of drivers and
                            driving instructors and issues tests
                            to discover the professional
                            competence of instructor licence
                            applicants
                        -   specifies the conditions for the
                            technical fitness of vehicles,
                        -   grants authorisation for the
                            performance of tests for the
                            approval of technical fitness of
                            types of vehicles, their
                            components, equipment or
                            accessories, to natural and legal
                            persons,
                        -   awards the conformity verification
                            mark (homologisation mark) of


                                                                         217
National Programme for the Adoption of the Acquis 2001                                                                          Transport Policy


INSTITUTION             COMPETENCES                                             2001               2002               2003               2004
                                                                         number of expendit number of expendit number of expendit number of expendit
                                                                         employees ure      employees ure      employees ure      employees ure
                                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                                   SKK)               SKK)               SKK)               SKK)



                            types of vehicles, their
                            components, equipment and
                            accessories,
                        - orders the mass exchange of
                            roadworthiness licences and
                            vehicle's registration certificates,
                        - specifies the network of road
                            worthiness testing stations.
   traffic police      annually issues the "Statistical Review -                    -      -         -        -         -           -             -
    department of       of Road Traffic Accidents"
    the Police Force
    Presidium
   National Labour     Performs certain inland controls as defined by   13          3340   5         2533     6         3108        6             3271
                        Council Regulations 4060/89/EEC (including
    Inspectorate and
                        its modification by 3356/91/EEC) and
    8 labour            3912/92/EEC.
    inspectorates
   Office of           Authorises entities to inspect                   -           -      -         -        -         -           -             -
    Standardisation,    tachographs (recording equipment)
    Metrology and
    Testing
   Slovak Road         performs controls defined in Council             -           -      -         -        -         -           -             -
    Administration      Regulation 96/53/EC (weighing of
                        vehicles)
   Ministry of         examination of physical fitness                  0           0      2         1099     -         -           -             -


                                                                               218
National Programme for the Adoption of the Acquis 2001                                                                    Transport Policy


INSTITUTION             COMPETENCES                                      2001               2002               2003               2004
                                                                  number of expendit number of expendit number of expendit number of expendit
                                                                  employees ure      employees ure      employees ure      employees ure
                                                                            ('000 of           ('000 of           ('000 of           ('000 of
                                                                            SKK)               SKK)               SKK)               SKK)



    Health
   roadworthiness      checks on the tread depth of tyres        -           -      -         -        -         -            -             -
    testing stations
   Minister of         issues permits to undertakers for the     -           -      -         -        -         -            -             -
    Labour, Social      provision of advice, education and
    Affairs and         training in the field of the observance
    Family              of work safety and health regulations
                        on the basis of Labour Inspection Act
                        No. 95/2000 Coll.
   SLOVDEKRA           verifies basic or advanced training of    -           -      -         -        -         -            -             -
                        testing technicians
  Ministry of          Collection of road taxes                  -           -      -         -        -         -            -             -
   Finance - Tax
   Offices
Rail transport
 Rail Transport                                                  6           2780   7         3116     0         - 127        0             232
   Division of the
   MTPT
 State Rail Office -       performs state expert and technical 25            5925   15        14855    0         2063         0             1093
                            oversight and plays the role of a
                            special construction authority
                        -   issues transport licences to
                            operators on the basis of their
                            professional competence and


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INSTITUTION             COMPETENCES                                      2001               2002               2003               2004
                                                                  number of expendit number of expendit number of expendit number of expendit
                                                                  employees ure      employees ure      employees ure      employees ure
                                                                            ('000 of           ('000 of           ('000 of           ('000 of
                                                                            SKK)               SKK)               SKK)               SKK)



                            physical and mental fitness
Combined transport
 MTPT             -      co-operates with road, rail and 2                   998      1       411      0         19          0             119
                          water transport units in:
                        = the issuance of trading licences
                        = education and training of staff
                        = methodical direction
                        =   performance of expert and technical
                            oversight.
Air transport
 MTPT                  The area of access to the market       3              1263.2   4       2021.8   0         -77         0             177
 Civil Aviation        - performs regulatory activities in    61             29824    10      47102    0         1821        0             1882
    Authority              line with the above EU regulations
                           and operates as a special
                           construction authority for civil
                           aviation
                        - oversees the observance of the use
                           of compatible technical
                           specifications in the procurement
                           of air traffic management
                           equipment and systems and
                           performs activities related to the
                           qualified state expert oversight of
                           civil aviation


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INSTITUTION             COMPETENCES                              2001               2002               2003               2004
                                                          number of expendit number of expendit number of expendit number of expendit
                                                          employees ure      employees ure      employees ure      employees ure
                                                                    ('000 of           ('000 of           ('000 of           ('000 of
                                                                    SKK)               SKK)               SKK)               SKK)



Inland waterway transport
 State Navigation - performs state administration and 81             22700    4       42200    0         -3800      0             1017
    Administration     state expert oversight of matters
                       related to inland waterway
                       navigation
                    - maintains the Central Register of
                       Vessels
                    - issues professional competence
                       certificates to members of crews of
                       vessels and sailing objects,
                       professional competence
                       certificates for small vessel pilots
                       and service books for the members
                       of crews of vessels and sailing
                       objects
                    - carries out the classification of
                       recreational (small) boats
                    - issues vessel certificates
                       (navigability licences)
 MTPT              - issues transport licences to          1         1562.4   4       1724.6   0         580        0             133
                       operators on the basis of proof of
                       professional competence, good
                       financial standing and good repute
                    - grants and withdraws permits for


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INSTITUTION             COMPETENCES                                        2001               2002               2003               2004
                                                                    number of expendit number of expendit number of expendit number of expendit
                                                                    employees ure      employees ure      employees ure      employees ure
                                                                              ('000 of           ('000 of           ('000 of           ('000 of
                                                                              SKK)               SKK)               SKK)               SKK)



                            the participation of foreign carriers
                            in domestic water transport.
Maritime transport
 Maritime Office performs state oversight of the                   included
                   navigation fitness of marine vessels             in the
                   and recreational vessels                         section
                                                                    'inland
                                                                    waterway
                                                                    transport -
                                                                    MTPT'
                        TOTAL:                                      227         83969.5 75       125957. 6          5539        6             9253
                                                                                                 5




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Finance from pre-accession funds

ISPA

The application for an ISPA grant for the project "Modernisation of the Bratislava Rača –
Šenkvice Railroad" was submitted to European Commission authorities in April 2000. On 20
July 2000, the European Union's ISPA Committee approved a grant of EUR 38.6 million for
this project. The National Co-ordinator signed the Financing Memorandum on 23 January.
Subsequently, the National Plenipotentiary (State Secretary of the Ministry of Finance)
appointed the sectoral plenipotentiary from ŽSR. The announcement of a tender is being
prepared at present.

PHARE

Within the framework of the FM for LSIF PHARE 1999, technical assistance projects related
to preparation for ISPA involving approx. 2.4 MEURO were approved.

The following projects were completed in 2000 within the framework of Phare Multicountry:

 Vyšné Nemecké bypass,
 modernisation of the Čadca – Skalité railroad in 2000,

involving 2.6 MEUR.

Within the framework of Phare CBC 2000, tenders are being prepared for road projects
(reconstruction of roads at border crossings with Poland) - Palota-Radoščina and Horný Čirž-
Lelochów. The following projects have been proposed for 2001:

   Plešivec – Hungarian state border road,
   Podbieľ bypass on the R3 high speed road.

Within the framework of Phare 2001, the twinning project Rail Sector Alignment, involving
approx. 2 MEUR is undergoing the approval process.

Chapter 9: Transport policy

Current situation

In January 2000, the Government approved the ”Update and Specification of the Principles of
the State Transport Policy of the Slovak Republic" as the basic systemic document for the
transport sector. The main strategic goal of the Slovak Republic’s transport policy, arising
from the direction of the European Transport Policy, is to secure conditions for long-term
development with the aim of sustainable mobility in the integrated use of all modes of
transport with special emphasis on intermodality and support for more ecological modes of
transport, i.e. rail transport, inland waterway transport and combined transport, as well as
public transport, while creating conditions securing the accessibility of the Slovak Republic
by air.




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Through Resolution No. 240 of 15.3.2001, the Government approved the "National Regional
Development Plan for the 2001-2006 Period", which is the Government's official document
for requests for the financing of the development of transport infrastructure from EU pre-
accession funds. The "Sectoral Operational Programme for the Area of Transport" forms a
substantial part of it. By adopting this strategic document, the Government presented its plans
in the field of transport infrastructure development in individual regions of Slovakia. Within
the framework of the inter-sectoral review, the "Sectoral Operational Programme for the
Area of Transport" was discussed with the gremium of the 3rd sector and regional state
administration offices and takes the "New Project for the Construction of Motorways and
High Speed Roads", approved through Governmental Resolution No. 162/2001 of 21.2.2001,
into account. The programme of the above-mentioned priorities includes 7 public works
financed from EU pre-accession funds, which will be implemented between 2001 and 2006.
The total anticipated cost of these public works is SKK 38,029.5 million, which is 900.2
MEUR. It is expected that the volume of SKK 31,967.5 million, which is 756.7 MEUR, will be
invested in the stated period. The basic priority of the transport sector in this area is the
construction and modernisation of transport infrastructure in the approved multimodal
corridors.

On 23.8.2000, the Government approved the Slovak Republic's Negotiating Position on
Chapter 9 "Transport Policy" through Resolution No. 676/2000. The Negotiating Position was
subsequently delivered to the Council of the European Union and the European Commission.
On 15.11.2000, the Slovak Republic received the Common Position of the European Union,
on the basis of which it is currently preparing additional information to the above negotiating
position. The responsibility for chapter no. 9 is held by the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic. The date for the provisional conclusion of
chapter no. 9 is yet to be determined.


Development of infrastructure and Trans-European Transport Networks (TEN)

Progress achieved:

The National ISPA Strategy for the Transport Sector (1999) and Sectoral Operational
Programme for the Area of Transport (from the National Regional Development Plan)
form the basis for the implementation of European Parliament and Council Decision
1692/96/EC on the development of TEN and Council Regulation 2236/95/EC (modified by
European Parliament and Council Decision 1655/1999/EC) on financing the TEN.
Conditions have been created in the Slovak Republic for the implementation of Council
Regulation 1267/1999/EC establishing an Instrument for Structural Policies for Pre-accession
(ISPA). Council Regulation 3600/82/EEC on the granting of limited support in the field of
transport infrastructure does not relate to the Slovak Republic. The responsibility for the
implementation of Council Regulation 2236/95 on TEN financing is held by the Ministry of


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Finance (the National Fund), the use of finance is controlled by the Financial Control Office
and the responsibility for the preparation of projects and operation of implementation
agencies is held by the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic. The control system for European Communities pre-accession funds and the
procedure for the harmonisation of the Slovak Republic's legislation in this field are specified
in detail under the Negotiating Position for the "Financial Control" chapter. There are two
implementing agencies for the ISPA pre-accession instrument in the field of transport -
Slovak Railways and the Slovak Road Administration, which fall under the competence of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic. The Ministry's
co-ordination unit for ISPA projects is the European integration and foreign relations division
and the control unit is the inspection and complaints section of the Ministry of Transport,
Posts and Telecommunications of the Slovak Republic, at which a financial control office
with 3 employees - 2 inspectors and 1 auditor - will need to be created effective from
1.1.2002. All implementing agencies, together with the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic, will be reinforced with regard to personnel and
equipment by 31.12.2002, so that they are able to implement all of the requirements arising
from Council Regulation 2236/95 on TEN financing. The aim is to ensure that a minimum of
5 employees responsible for the preparation of projects work at each implementing agency
and that the unit at the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic responsible for the co-ordination and control of ISPA projects (ISPA Unit) has
approx. 5 employees. In October 2000, the Minister of Transport, Posts and
Telecommunications of the Slovak Republic appointed the ISPA working group led by the
head of the foreign assistance department of the European integration and foreign relations
division, who is simultaneously a member of the Preparatory Committee for Structural Funds.
In transport, the ISPA working group consists of representatives of the relevant sectoral
divisions of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic
and the implementation agencies - Slovak Railways and the Slovak Road Administration.

The Slovak Republic takes the results of the TINA final report into account and regards them
as the basic instructions for the specification of the transport network in the Slovak territory.
With the aim of preparing the necessary technical modifications arising from European
Parliament and Council Decision 1692/96/EC on the development of TEN, the Slovak
Republic is ready to hold technical consultations with the EU.

In 1999 and 2000, 48.7 km of half-profile motorways was completed to the full profile and
2.9 km of full profile motorways was built in the territory of the Slovak Republic. Of the total
planned length of the motorway and high-speed road network of 833.6 km, 374.6 km was in
operation as of 31.12.2000, of which 14 km was in half-profile. 45.3 km of full profile and
21.1 km of half-profile motorways and high-speed roads was under construction. The
construction was financed in the form of Government guaranteed bank loans on the basis of
the "Long-term Model for Financing Motorway Construction" adopted by the Government
in 1997 and the "Concept for the Development of Motorway Infrastructure" adopted by the
Government in 1999. The investment organisation for motorway construction is the Slovak
Road Administration.

In 1999, the Government of the Slovak Republic approved the document "Economic
Stabilisation and Transformation of Slovak Railways", which contains the framework
concept for the development of infrastructure until 2007. As of 31.12.2000 there was 3 665
km of railroad, of which 1 535 km was electrified. The most significant recent investment
project in the area of railway infrastructure was the construction of the Bratislava-Petržalka


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National Programme for the Adoption of the Acquis                                   Transport Policy


railway station serving as a Slovak-Austrian joint railway border crossing. The construction
project was completely finished in January 1999. In 2000, the 18 km long Cífer – Trnava
railroad was reconstructed with the aim of increasing the railroad's operational speed to 160
km/h. The investment was prevailingly financed using Slovak Railways’ own resources and
other sources (state guaranteed loans, loans without state guarantees, supplier loans, Phare,
etc.). The investment organisation for the construction of railway infrastructure is Slovak
Railways. In accordance with the "Project for the Transformation and Restructuring of Slovak
Railways" approved by the Government on 18.10.2000 through Resolution No. 830, Slovak
Railways will perform only activities related to the operation of the railroad and become the
infrastructure manager effective from 1.1.2002.

Of the total of 7 projects proposed within the framework of ISPA, the European Union has
approved Project 1 "Modernisation of the Bratislava – Rača – Trnava railroad, Stage I". An
international tender for the supplier will be announced in the Journal of Commerce on 5 June
2001, in line with FIDIC procedures.

In February 2001, Project no. 2 "D61 Motorway, Viedenská cesta – Prístavný most,
Bratislava" was submitted to European Commission authorities through the National Co-
ordinator.

The following projects are currently under preparation:
 Modernisation of the Bratislava – Rača – Trnava railroad, Stage II,
 Modernisation of the Trnava – Nové Mesto nad Váhom railroad, stage I,
 Mengusovce – Jánovce section of the D1 motorway,
 A study to determine the direction of the motorway through the town of Považská
   Bystrica was completed in November 2000 within the framework of the preparation of the
   Sverepec–Vrtižer D1 motorway project.

On 30.11.2000, Statistical Office Decree No. 398/2000 Coll. announcing the State Statistical
Surveys Programme for 2001, entered into force. The decree includes the following:
 Annual account of the use of and expenditure on motorways and roads - V 1-01,
 Annual account of expenditure on water transport infrastructure - VD 1-01,
 Annual account of expenditure on rail transport infrastructure - ŽD 1-01.
These accounts are to a large extent harmonised with the annexes to Council Regulation
1108/70/EEC (including Commission Regulation 2598/70/EEC specifying the items to be
included under various headings of accounts; Commission Regulation 281/71/EEC
determining the composition of the list of waterways of a maritime character is not
applicable to the Slovak Republic). It will be necessary to include expenditure related to the
traffic police (road and motorway) and the State Navigation Administration, which plays the
role of the river police, in the accounts. Since Slovakia also has the railway police, the Slovak
Republic will include expenditure related to the railway police in the relevant railway
infrastructure expenditures. The relevant data concerning infrastructure expenditure will be
delivered to the European Commission by the Ministry of Transport, Posts and
Telecommunications.

VI.     Institutional framework in the area of the development of infrastructure:




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National Programme for the Adoption of the Acquis                             Transport Policy


Council Regulation 1108/70/EEC (including Commission Regulations 2598/70/EEC and
281/71/EEC):
The Statistical Office of the Slovak Republic, in co-operation with the Ministry of Finance
of the Slovak Republic, specifies the methodology and form of the maintenance of national
accounts in transport and monitors the accounting system for infrastructure expenditure. The
Ministry of Transport, Posts and Telecommunications of the Slovak Republic monitors
infrastructure expenditure with emphasis on rail, road, and inland waterway transport. The
inland waterway infrastructure falls under the competence of the Ministry of Agriculture.

Council Regulation 2236/95/EC (including its modification by 1655/1999/EC):
Responsible authorities, which will be completely prepared for the system of financing from
Community funds by the time of accession to the EU, have been created in the Slovak
Republic.

Council Regulation 1267/1999/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic, the
Office of the Government of the Slovak Republic, the Slovak Road Administration, and
Slovak Railways participate in the implementation of this regulation.

Tasks that are yet to be fulfilled:

The Slovak Republic will continue to build its transport infrastructure with emphasis on
the proportional development of rail and road transport and construction of road border
crossings with Austria, Hungary, the Czech Republic, Poland and Ukraine focused on the
development of combined transport systems, mainly on the border with Ukraine (Ro-La and
Ro-Ro). The Government of the Slovak Republic is planning to adopt the "Road Construction
Programme" and "Road Repair and Maintenance Programme" by 31.12.2001. These
programmes will represent a concept for the further development of the road network,
including financing.

By 30.6.2002, the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic, in co-operation with the Statistical Office of the Slovak Republic, will create
conditions for the full introduction of a compatible accounting system for infrastructure
expenditure on road, rail, and inland waterway transport as set forth in Council Regulation
1108/70/EEC.

The responsible authorities will be prepared for the implementation of Council Regulation
2236/95/EC on financing the TEN and the system of financing from Community funds as of
the date of accession.

Progress achieved since the preceding NPAA:

   On 21.2.2001, the Government of the Slovak Republic approved the "New Project for the
    Construction of Motorways and High Speed Roads" through Resolution No. 162/2001.

   Of the total of 7 projects proposed within the framework of ISPA, the European Union
    has approved Project no. 1 "Modernisation of the Bratislava – Rača – Trnava railroad,
    Stage I". An international tender for the supplier will be announced in the Journal of
    Commerce on 5 June 2001, in line with FIDIC procedures. In February 2001, Project



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National Programme for the Adoption of the Acquis                                              Transport Policy


     no. 2 "D61 Motorway, Viedenská cesta – Prístavný most, Bratislava" was submitted to
     European Commission authorities through the National Co-ordinator.

 Statistical Office Decree No. 398/2000 Coll. announcing the State Statistical Surveys
     Programme for 2001 entered into force on 30.11.2000. The Decree is to a large extent
     harmonised with the annexes to Council Regulation 1108/70/EEC (including Commission
     Regulation 2598/70/EEC specifying the items to be included under various headings of
     accounts).


Horizontal issues

Progress achieved:

The area of external affairs, i.e. agreements between the EU and third countries on road, rail,
combined and maritime transport, is being monitored gradually; there are no discrepancies
with the acquis.

EP and Council Directive 97/44 on summer-time arrangements (modified by European
Parliament and Council Directive 2000/84/EC) has been fully incorporated into the Slovak
Republic's legislation.

In the area of EU assistance programmes, conditions for the implementation of Council
Regulation 1266/1999/EC on coordinating aid to the applicant countries in the framework of
the pre-accession strategy and amending Council Regulation 3906/89/EEC and Council
Decision 99/853/EC on the principles, priorities, intermediate objectives and conditions
contained in the Accession Partnership with the Slovak Republic have been created.

The Ministry of Finance of the Slovak Republic has prepared a draft act amending State Aid
Act No. 231/1999 Coll., which will be submitted to the Office of the Government of the
Slovak Republic by 31.5.2001. This amendment will enter into force on 1.1.2002 and will be
fully aligned with Article 73 of the Treaty on EU (Amsterdam version). This will create
conditions for the implementation of Council Regulation 1107/70/EEC on the granting of aids
for transport by rail, road and inland waterway54. The Slovak Republic does not provide state
aid in the area of maritime transport and in air transport it provides financial assistance only
for the administration of airports, including the construction of new terminals, which means
that the conditions stated in the documents "Application of Articles 92 and 93 of the EC
Treaty and Article 61 of the European Economic Area Agreement to State aids in the aviation
sector" (94/C 350/07) and "Community guidelines on State aid to maritime transport " (97/C
205/05) are observed. The State Aid Office was established in the Slovak Republic and started
to operate in the 1st half of 2000.

In the area of commitments arising from public services, conditions have been created for the
implementation Council Regulation 1191/69/EEC (including its modification by
1893/91/EEC)55 in rail transport and partially in road transport. The Ministry of Transport,

54
   The European Commission has prepared proposal COM(2000) 5 final – 2000/0023 (COD) for a regulation,
which will replace Council Regulation 1107/70/EEC on the granting of aids for transport by rail, road and inland
waterway. For the time being, the Slovak Republic does not expect any problems in its implementation.
55
   The European Commission has prepared proposal COM(2000) 7 final – 2000/0212 (COD) for a regulation,
which will replace Council Regulation 1191/69/EEC concerning the obligations inherent in the concept of a


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National Programme for the Adoption of the Acquis                                              Transport Policy


Posts and Telecommunications of the Slovak Republic is preparing an amendment to Road
Transport Act No. 168/1996 Coll. as amended, creating conditions for the implementation of
Council Regulation No. 1191/69/EEC. It is expected to enter into force on 30.6.2002. The
area of public obligations in inland water transport is not addressed since there is no regular
public transport by water.

The requirements of Council Regulation 11/60/EEC concerning the abolition of
discrimination in transport rates (including its modification by 3626/84/EEC) have been fully
implemented. The Slovak Republic respects Council Decision 62/403/EEC on a procedure
for prior examination and consultation in respect of certain laws, regulations and
administrative provisions concerning transport and Council Resolution 1999/808/EC on the
involvement of Europe in a new generation of satellite navigation services (satellite
navigation system GALILEO - commencement of the technical definition phase).

VII.     Institutional framework in the area of horizontal issues:

Council Regulation 1191/69/EEC (including its modification by 1893/91/EEC):
Regional state administration offices conclude the relevant agreements on regular bus
transport with carriers (there are 8 regional offices in the Slovak Republic).

Council Regulation 1107/70/EEC
The implementation of the regulation is safeguarded by the State Aid Office.

Council Regulation 1266/1999/EC (including 3906/89/EEC) and Council Decision
99/853/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic looks
after the implementation of these regulations in co-operation with the Office of the
Government of the Slovak Republic.

Tasks that are yet to be fulfilled:

From 30.6.2002, conditions will be created for the implementation Council Regulation
1191/69/EEC in road transport through an amendment to National Council of the Slovak
Republic Act No. 168/1996 Coll. on Road Transport as amended56.

From 1.1.2002, conditions will be created for the implementation of Council Regulation
1107/70/EEC on the granting of aids for transport by rail, road and inland waterway through
an amendment to State Aid Act No. 231/1999 Coll.

Progress achieved since the preceding NPAA:

      The Ministry of Transport, Posts and Telecommunications of the Slovak Republic is
       preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended, which
       creates conditions for the implementation of Council Regulation No. 1191/69/EEC. It is
       expected to enter into force on 30.6.2002.

public service. For the time being, the Slovak Republic does not expect any problems in its implementation.
56
  This amendment will also address harmonisation with Council Directive 93/38/EC co-
ordinating the procurement procedures of entities operating in the water, energy, transport and
telecommunications sectors.

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National Programme for the Adoption of the Acquis                                Transport Policy




    The Ministry of Finance of the Slovak Republic has prepared a draft act amending State
     Aid Act No. 231/1999 Coll., which was approved by the Government through Resolution
     No. 423 of 16 May 2001. This amendment will enter into force on 1.1.2002.


Transport of dangerous goods

Progress achieved:

In road transport, the transport of dangerous goods is covered by Council Directive
94/55/EC on the approximation of the laws of the Member States with regard to the transport
of dangerous goods by road (including its modification by Commission Directives 96/86/EC,
1999/47/EC, 2001/7/EC and European Parliament and Council Directive 2000/61/EC) and
95/50/EC on uniform procedures for checks on the transport of dangerous goods by road57
(see also Council Regulations 4060/89/EEC and 3912/92/EEC stated below). Compliance
with Council Directive 94/55/EC has been achieved, as the Slovak Republic is a signatory of
the ADR, which is also applied in domestic transport in the Slovak Republic (Act No.
168/1996 Coll. on Road Transport). Amendments to Annexes A and B to the ADR are issued
regularly every 2 years. Council Directive 95/50/EC is only partially implemented; at
present, an extension of checks on the transport of dangerous goods carried out by the Police
Force and an act on the transport of dangerous goods, which will cover road, rail, inland
waterway and air transport, are under preparation. In rail transport, the transport of dangerous
goods is covered by Council Directive 96/49/EC on the approximation of the laws of the
Member States with regard to the transport of dangerous goods by rail (including its
modifications by Commission Directives 96/87/EC, 1999/48/EC and 2001/6/EC, and
European Parliament and Council Directive 2000/62/EC). The Slovak Republic is signatory
of the COTIF. This annex to the RID (the Procedure for the International Carriage of
Dangerous Goods by Rail) will be implemented into internal legislation upon the entry into
force of an amendment to Act No. 164/1996 Coll. on Railroads and on Amendment to Small
Licence Trade Act No. 455/1991 Coll. as amended, as amended by Act No. 58/1997 Coll. The
draft amendment to the act was debated by the Government on 6.4.2001 and submitted to the
National Council of the Slovak Republic for approval on 20.4.2001. The amendment is
expected to enter into force on 1.7.2001. The function of safety adviser for the transport of
dangerous goods by rail defined by Council Directive 96/35/EC will not be set up until
1.1.2003.
                                                                                           58
The area of the transport of dangerous goods related to various modes of transport              is


57
   The European Commission has prepared an amendment to Council Directive 95/50/EC (COM(2000)112
final); the Slovak Republic is prepared to fully implement this directive.
58
   The transport of dangerous goods also involves the implementation of Council Directive
1999/36/EC on transportable pressure equipment (including its modifications by Commission
Directive 2001/2/EC and Commission Decision 2001/107/EC), where in approving type and
conformity assessment or the inspection of pressure equipment, the responsible authority must
provide confirmation that they meet the requirements set forth in Council Directives 94/55/EC
and 96/49/EC, or that they are used in line with these Directives. This Directive does not
relate to pressure equipment used exclusively for the transport of dangerous goods by road or
rail between the EU and third countries. The Slovak Republic will fully implement this

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National Programme for the Adoption of the Acquis                                  Transport Policy


covered by Council Directive 96/35/EC on the appointment and vocational qualification of
safety advisers for the transport of dangerous goods by road, rail and inland waterway, and
2000/18/EC on minimum examination requirements for safety advisers for the transport of
dangerous goods by road, rail or inland waterway. The function of safety adviser has not
been fully introduced into the Slovak Republic’s legal regulations. In the area of water
transport, the Slovak Republic joined the Agreement on the Transport of Dangerous Goods
by Inland Waterways (ADN), within the framework of the UN ECE, at the Diplomatic
Conference in Geneva between 22 and 25.5.2000. Act No. 338/2000 Coll. on Inland
Navigation and on Amendment to Certain Laws entered into force on 1.1.2001. Following the
ratification of the ADN by the participating parties, the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic will elaborate a decree on the rules for the
transport of dangerous goods by inland waterways in the Slovak Republic implementing the
above act.

VIII.   Institutional framework in the area of the transport of dangerous goods:

Council Directives 94/55/EC (including its modifications by Commission Directives
96/86/EC, 1999/47/EC, 2001/7/EC and European Parliament and Council Directive
2000/61/EC) and 90/50/EC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic
secures the regular issuance of amendments to Annexes A and B to the ADR in co-operation
with governmental and non-governmental organisations. The relevant controls are carried out
by district state administration offices in co-operation with the Ministry of Interior of the
Slovak Republic – Traffic Police of the Police Force (transport inspectorates).

Council Directive 96/49/EC (including its modifications by Commission Directives 96/87/EC,
1999/48/EC, 2001/6/EC and European Parliament and Council Directive 2000/62/EC):
The current situation is characterised by the dominant position of one operator - Slovak
Railways, which observes the RID provisions and has built its own control and vocational
training systems. It is expected that more operators will be present on the rail transport market
from 1.1.2003. The Slovak Republic will prepare a new act on the transport of dangerous
goods, which will create a comprehensive system of control and vocational training for
railway operators.

Council Directive 96/35/EC and European Parliament and Council Directive 2000/18/EC:
The function of safety adviser is yet to be fully introduced into the Slovak Republic’s legal
regulations; the necessary control and training system is yet to be created.

Tasks that are yet to be fulfilled:

By 31.12.2002, the Ministry of Transport, Posts and Telecommunications of the Slovak
Republic, in co-operation with the Ministry of Interior and Ministry of Labour, Social Affairs
and Family, will create personnel and technical conditions for the responsible authorities so
that vehicle controls can be carried out effectively, a comprehensive system for the control of
the transport of dangerous goods by rail can be created, and the function of safety adviser
introduced in road, rail and inland waterway transport, including securing the necessary


Directive from 1.1.2003. The responsible authority will be the National Labour Inspectorate
(Technical Inspection).

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vocational training and quality monitoring, as defined in Council Directives 94/55/EC,
95/50/EC, 96/49/EC, 96/35/EC, and European Parliament and Council Directive 2000/18/EC.

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic will
prepare an act on the transport of dangerous goods which will provide for the full
implementation of Council Directives 94/55/EC, 95/50/EC59, 96/49/EC, 96/35/EC and
European Parliament and Council Directive 2000/18/EC and enter into force on 1.1.2003.

Progress achieved since the preceding NPAA:

 An amendment to Act No. 164/1996 Coll. on Railroads and on Amendment to Small
     Licence Trade Act No. 455/1991 Coll. as amended, which was debated by the Government
     on 6.4.2001 and submitted by the Government to the National Council of the Slovak
     Republic for approval on 20.4.2001, will ensure the internal implementation of the COTIF
     (Annex to the RID) effective from 1.7.2001. The amendment to the act will also introduce
     the function of safety adviser for transport of dangerous goods by rail defined by Council
     Directive 96/35/EC, which will be set up as of 1.1.2003.


Road transport

Progress achieved:

The basic principles or schemes valid in the area of access to the market (e.g. the system for
the issuance of licences and authorisations) in the Slovak Republic are compatible with EC
law with respect to First Council Directive 62/2005/EEC on the establishment of common
rules for certain types of carriage of goods by road and Council Regulations 881/92/EEC60,
684/92/EEC (modified by Council Regulation 11/98), 12/98/EC, 56/83/EEC, and 3118/93/EC
(modified by Council Regulation 3315/94/EC), and Commission Regulations 2121/98/EC and
792/94/EC (application of Council Regulation 3118/93/EC). The Slovak Republic does not
anticipate problems in the implementation of these regulations and directives, however, the
transport of goods and passengers between the Slovak Republic and EU states will probably
be carried out on the basis of bilateral agreements until the date of accession. It is not
currently possible to implement the requirements of Council Regulation 56/83/EEC
concerning the implementation of the ASOR since this Agreement is determined only for
selected countries. The Slovak Republic respects CEMT Resolution No. 95/3.

On 14.12.2000, the Slovak Republic signed and prepared for ratification the multilateral
European agreement INTERBUS61. Since the EU did not sign the Agreement within the
period for which it was opened for signature (until 31.12.2000), the Agreement has not
entered into force. The Ministry of Transport, Posts and Telecommunications of the Slovak
Republic is preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended,

59
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of the transport of dangerous goods or perishable foodstuffs.
60
  The Slovak Republic is currently examining the proposal for European Parliament and
Council Regulation 2000/0297 (COD), which modifies Council Regulation 881/92/EEC and
concerns a uniform driver attestation.
61
  In line with Article 4 (2) of the INTERBUS agreement, within the framework of ratification reservations, the
Slovak Republic applies the deadline of 1.1.2004 for the area of financial standing.


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which defines crisis in the market, including the relevant measures. Under this amendment,
the Ministry of Transport, Posts and Telecommunications of the Slovak Republic will monitor
and assess, inter alia, the developments in expenditure and prices within the framework of the
uniform information system. For this purpose, the relevant administrative authorities and
selected carriers, forwarders and shippers will be obliged to provide the Ministry with the
necessary data. When receiving, processing, storing and distributing the information and data,
the Ministry is obliged to secure their protection against misuse. It is expected to enter into
force on 30.6.2002. Thus, conditions will be created for the implementation of Council
Regulation 3916/90/EEC on measures to be taken in the event of a crisis in the market and
Council Regulation 4058/89/EEC on the fixing of rates for the carriage of goods by road.
With the exception of the protection of competition, the free fixing of prices without state
intervention or regulatory measures is applied in the Slovak Republic. Partial compliance
with Council Directive 84/647/EEC on the use of vehicles hired without drivers for the
carriage of goods by road, including its modification by Council Directive 90/398/EEC, has
been achieved; the Slovak Republic respects CEMT Resolution No. 90/2.

The area of social legislation has been to a large extent aligned with EC law with respect
to Council Directive 96/26/EC (including its modification by 98/76/EC), which regulates
access to the profession. An amendment to Act No. 168/1996 Coll. on Road Transport as
amended, which is being prepared by the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic and will enter into force on 30.6.2002, will
increase financial standing to the level specified in Council Directive 96/26/EC as amended
by Council Directive 98/76/EC, and the verification of financial standing will start to be
applied to both international and domestic transport. Transport licences will be granted for a
limited period of time, at a maximum for five years.

There are still differences in the definition of a carrier's good repute.

The requirements of Council Regulation 3820/85/EEC on the harmonisation of certain social
legislation relating to road transport have only been partially implemented in the Slovak
Republic, because even though the Slovak Republic is a signatory of the AETR and a
minimum age of 21 is applied for Slovak drivers in international road haulage and passenger
transport (drivers must have no criminal record and at least 2 years’ experience as bus drivers
or drivers of heavy goods vehicles with a total weight exceeding 7.5 t), provisions on e.g. total
driving periods, rest periods and provisions on the prohibition of the remuneration of drivers
based on distances travelled and/or the amount of goods carried are not entirely reflected in
the national legislation. Driving, safety and rest periods are covered by Slovak Work Safety
Office and Slovak Mining Office Decree No. 208/1991 Coll. on the safety of work and
technical equipment in the use, maintenance and repair of vehicles. Partial compliance has
been achieved in the implementation of Council Directive 88/599/EEC on standard control
procedures (last modified by Council Regulation 2135/98/EC).

Full compliance has been achieved with Council Directive 76/914/EEC on the minimum
level of training for drivers. Since the Slovak Republic is a signatory of the AETR, it applies
the minimum age of 21 for carriage by vehicles with a total weight exceeding 7.5t to Slovak
drivers in international transport and its competent authorities recognise, in accordance with
Article 5 (1) (b) and (4) of the AETR, or Article 5 (1) (b) and (2) (c) of Council Regulation
3820/85/EEC, the professional qualifications of drivers from EU Member States, who have
successfully undertaken training in line with the annex to Council Directive 76/914/EEC.



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The elimination of controls performed at the frontiers and certain inland controls are
covered by Council Regulations 4060/89/EEC (including its modification by 3356/91/EEC)
and 3912/92/EEC. Conditions for the implementation of these regulations have been created
only partially, it is necessary to reinforce controls of vehicles transporting dangerous goods
and perishable foodstuffs as well as controls focused on the observance of social legislation in
accordance with Council Regulations 3820/85/EEC and 2135/98/EEC and Council Directive
88/599/EEC.

The areas of safety, technology and the environment are complicated and overlap with the
area of social issues. Partial compliance with Council Directive 96/53/EC laying down
maximum dimensions and maximum weights of certain vehicles in domestic and international
transport has been achieved 62 (Ministry of Transport, Posts and Telecommunications Decree
No. 308/1999 Coll. amending Ministry of Transport, Posts and Telecommunications Decree
No. 116/1997 Coll. on vehicles' operation on roads has been in force since 1.12.1999). To
eliminate the degrading effects of heavy goods vehicles with an increased axle load (115 kN),
a scientific research project was concluded in the Slovak Republic in 2000 with the
documents "Method for Designing Motorway Asphalt Roads" and subsequent "Catalogue of
Road Constructions for the Axle Load of 115 kN". Another project will be concluded in 2001
with a document called the "Dimensioning of Non-rigid and Semi-rigid Roads". The problem
of "Reinforcement (Reinstatement) of Asphalt Roads" will also be addressed in the near
future. The programmes of the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic being prepared - "Road Construction Programme" and "Road Repair and
Maintenance Programme" - will apply these research documents. The Government of the
Slovak Republic is planning to adopt these documents by 31.12.2001. The implementation of
Council Regulation 2411/98/EC on the recognition in intra-Community traffic of the
distinguishing sign of Member States will not be possible until the Slovak Republic’s
accession to the EU and will present no problems.

Partial harmonisation has been achieved in the area of the installation and use of speed
limitation devices according to Council Directive 92/6/EEC. The requirement to install the
device on vehicles produced after 1.1.1988 and limit the maximum permitted speed to 85
km/h for vehicles carrying dangerous goods has not been legislated. Full compliance has
been achieved with Council Directives 89/459/EEC on the tread depth of tyres and
91/671/EEC on the use of safety belts.

The Traffic Police Department of the Police Force Presidium registers all traffic accidents
reported, including those resulting in injury or death, and annually issues the ”Statistical
Review of Road Traffic Accidents", thus the implementation of the requirements of Council
Decision 93/704 on the creation of a Community database on road accidents does not present
a problem for the Slovak Republic. Commission Regulation 3298/94/EC on the ecopoint
system for heavy goods vehicles transiting through Austria, including its modification by
Council Regulation 2012/2000/EC and Commission Regulation 609/2000/EC, does not yet
relate to the Slovak Republic, and no problems are expected in its future implementation.
Compliance with Council Directive 91/439/EEC on driving licences, including its
modifications by 94/72/EC, 96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC
(Commission Directive), and Commission Decision 2000/275/EC on equivalences between
certain categories of driving licences has been achieved to a major extent, there are
differences in the areas of vehicle categorisation, certain technical definitions, driving licence
62
  The European Commission has prepared an amendment to Council Directive 96/53/EC (2000/C 274 E/05);
the Slovak Republic is prepared to fully implement this Directive.


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format, the application of national rules vis-à-vis holders of driving licences of other states,
procedures and possibilities in the exchange and replacement of a driving licence in another
state, and the application of provisions of Council Regulation 3820/85/EEC concerning the
minimum age of drivers in certain types of transport. The Slovak Republic is currently
examining the proposal for a European Parliament and Council Directive (2001/0033/COD)
on the training of professional drivers for the carriage of goods or passengers by road.

Roadworthiness tests of vehicles and their trailers are carried out in line with Council
Directive 96/96/EC, while intervals for roadworthiness tests of vehicles in the M2 and M3
category are shorter than the intervals under the above Directive (Ministry of Transport, Posts
and Telecommunications Decree No. 307/1999 Coll. amending Ministry of Transport, Posts
and Telecommunications Decree No. 265/1996 on emission checks of road motor vehicles
entered into force on 1.12.1999). Compliance has not been achieved with European
Parliament and Council Directive 2000/30/EC on the technical roadside inspection of the
roadworthiness of commercial vehicles circulating in the Community. Compliance has been
achieved with Council Directive 1999/37/EC on the registration documents for vehicles. Two
registration documents are used in the Slovak Republic - roadworthiness licence and vehicle
registration certificate. Act No. 405/2000 Coll. amending Act No. 315/1996 Coll. on Roads
Traffic entered into force on 1.1.2000. This act lays down the obligation to also state the
owner of the vehicle on the roadworthiness licence, not just the holder of the vehicle. The
vehicle registration certificate and the new roadworthiness licence contain protective elements
as set forth in Ministry of Interior Decree No. 204/2000 Coll. amending Ministry of Interior
Decree No. 90/1997 Coll. implementing certain provisions of Act No. 315/1996 Coll. on
Roads Traffic, which entered into force on 1.9.2000. Commission Directives 1999/52/EC and
2001/11/EC adapting to technical progress Council Directive 96/96/EC have been fully
implemented63. Council Regulation 3821/85/EEC on recording equipment in road transport
relates to the area of social legislation and its requirements are fully implemented in the
Slovak Republic64.

In the field of harmonising taxes, notably vehicle taxes and road user charges, a high degree
of harmonisation with European Parliament and Council Directive 1999/62/EC on the
charging of heavy goods vehicles for the use of certain infrastructures has been achieved. This
directive will be fully transposed into the Slovak legal system from 1.1.2003 through 2 laws -
Act No. 87/1994 Coll. on Road Tax as amended and Act No. 135/1961 Coll. on Land
Communications as amended.

As laid down by Road Tax Act No. 87/1994 Coll. as amended, a vehicle provided with a
registration number and used for undertaking or in connection with undertaking is subject to
road tax. Road tax rates, which form an annex to the above act, will be extended to include
charges for long vehicles so that it is fully compatible with Annex I to European Parliament
and Council Directive 1999/62/EC on the charging of heavy goods vehicles for the use of



63
   For instance, Methodical Instruction of the Ministry of Transport, Posts and Telecommunications No. 4/97 on
measuring the discharge of exhaust gas smoke from combustion engines of vehicles in service in roadworthiness
checks at technical inspection stations.
64
   The Ministry of Transport, Posts and Telecommunications is planning to apply the requirements on the
electronic recording equipment as defined by the amendment to this Regulation (Council Regulation
2135/98/EC) as of the date of accession; the provisions relating to the personal driver card fall under the
competence of the Ministry of Labour, Social Affairs and Family.


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certain infrastructures65 and the area of exemptions, to which the relevant tax is not applicable,
will be aligned.

On 1.1.2000, the system of motorway tolls changed so that the amount paid is determined
by a vehicle’s total weight (Act No. 343/1999 Coll. amending Land Communications Act No.
135/1961 Coll. as amended, including Ministry of Transport, Posts and Telecommunications
Decree No. 41/2000 Coll. laying down the method of signposting sections of motorway and
dual carriageway whose use is subject to tolls, the design of vignettes and the method for their
display on motor vehicles). The payment of the toll is proved by a vignette valid for 1 year or
15 days, with which the motor vehicle is labelled. The maximum amount paid does not
exceed SKK 6 000/year. On 1.1.2001, Act No. 388/2000 Coll. amending Land
Communications Act No. 135/1961 Coll. (Road Act), which provides for the use of 15-day
vignettes for vehicles with a total weight exceeding 3.5t entered into force, which means that
the current system is no longer discriminating against occasional users of the Slovak road
network from the EU. Another amendment to Act No. 135/1961 Coll. on Land
Communications (this amendment was approved by the Legislative Council of the
Government on 10.4.2001), which will provide for the use of 1-day vignettes for vehicles
with a total weight exceeding 12 t effective from 1.1.2002, is under preparation. A completely
new land communications act, which should replace the valid road act effective from
1.1.2003, is being prepared. For user charges, the new act should differentiate vehicles with a
total weight exceeding 12 t according to the number of axles and environmental standards
(EURO I-II) as set forth in Annex II to European Parliament and Council Directive
1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures. The
”Concept for Charging Motorway Users", where the introduction of tolls in 2007 at the
latest is considered, was adopted in August 1999.

The Slovak Republic takes into account Commission Recommendations 2001/C 48/02 on the
maximum permitted blood alcohol content for drivers of motorised vehicles and 2000/53/EC
on safe and efficient in-vehicle information and communication systems, and Council
Resolution 2000/C 218/01 on the improvement of road safety.

The Government is preparing the privatisation of state-owned Slovak Bus Transport
Companies (SAD š.p.). On 6.7.2000, the Government approved the Concept for the
Transformation and Privatisation of SAD š.p. through Resolution No. 532/2000, on the basis
of which the transformation and privatisation of 17 state Slovak Bus Transport companies
with property worth approx. SKK 4 billion will be carried out and the entry of strategic
investors into the process of privatisation of these enterprises enabled.

Institutional framework in the area of road transport:

First Council Directive 62/2005/EEC, Council Regulations 881/92/EEC, 684/92/EEC,
12/98/EC, 56/83/EEC, 3118/93/EC (modified by Council Regulation 3315/94/EC),
Commission Regulations 2121/98/EC and 792/94/EC (application of Council Regulation
3118/93/EC):

65
   It should be added that the road tax act also relates to trailers (O1 to O4 categories of
vehicles), which means that at present it is not a problem to determine/calculate the amount of
charges for heavy goods vehicles stated in Annex I to European Parliament and Council
Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures.

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Transport licences for regular bus transport in urban areas are issued to carriers by
municipalities - i.e. local self-governments, in regions by regional state administration
offices 66 (there are 8 regional state administration offices in the Slovak Republic) and for
international bus lines by the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic (road and urban transport division). Licences for undertaking in road
haulage and occasional bus transport are issued by district state administration offices
(there are 79 district state administration offices in the Slovak Republic) following the
verification of the fulfilment of professional requirements and good repute. Authorisations for
occasional bus transport and road haulage not addressed to specific domestic carriers are
forwarded to these carriers by the Ministry of Transport, Posts and Telecommunications
of the Slovak Republic via their vocational association.

Council Directive 84/647/EEC (including its modification by Council Directive 90/398/EEC):
Checks of vehicles hired without drivers are carried out in line with this Directive by border
and traffic police in accordance with CEMT Resolution No. 90/2.

Council Regulation 3916/90/EEC:
The rules for the crisis mechanism will be laid down in the amendment to Act No. 168/1996
Coll. on Road Transport as amended, which is being prepared and will enter into force on
30.6.2002.

Council Regulations 4060/89/EEC (including its modification by 3356/91/EEC) and
3912/92/EEC:
The relevant inland controls are carried out by the Ministry of Interior of the Slovak
Republic – Traffic Police of the Police Force (transport inspectorates) and the National
Labour Inspectorate - work safety inspectorates.

Council Regulation 4058/89/EEC:
Under the amendment to Act No. 168/1996 Coll. on Road Transport as amended, which is
being prepared and enter into force on 30.6.2002, the responsibility for the monitoring of
tariffs will be held by the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic.

Council Directive 96/26/EC (including its modification by 98/76/EC):
Regional state administration offices issue certificates of professional competence on the
basis of proposals from the examination commission. District state administration offices
examine the financial standing of carriers, issue letters of confirmation, and state their
position with respect to the condition of good repute.

Council Regulation 3820/85/EEC and Council Directive 88/599/EEC:
The relevant controls are carried out by the Ministry of Interior of the Slovak Republic –
Traffic Police of the Police Force (transport inspectorates) and the National Labour
Inspectorate - work safety inspectorates. It will be necessary to create a standard form in
line with Commission Decision 93/173/EEC, through which information on the fulfilment of
this Regulation is reported to the European Commission.

Council Regulation 3821/85/EEC (including its modification by 2135/98/EC):


66
     Regional and district offices fall under the competence of the Ministry of Interior of the Slovak Republic.


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Tachographs (recording equipment) are checked at least every 2 years by an organisation
authorised by the Office of Standardisation, Metrology and Testing.

Council Directive 76/914/EEC:
Since the Slovak Republic applies the minimum age of 21 years for drivers employed in
international road transport, it does not need to implement the training conditions stated in
this Directive67.

Council Directive 92/6/EEC:
The Ministry of Transport, Posts and Telecommunications of the Slovak Republic -
State Transport Office (it has 15 employees) grants the certificates of mass producer or
importer of vehicles, and components, equipment or accessories thereof to natural persons
authorised for undertaking and legal persons. The certificate also relates to the installation,
repair and inspection of speed limitation equipment.

Council Directive 96/53/EC:
The relevant checks are secured by the Ministry of Transport, Posts and
Telecommunications - State Transport Office (type approval and conformity assessment of
vehicles), the Slovak Road Administration (weighing of vehicles), and the Ministry of
Interior of the Slovak Republic - Traffic Police of the Police Force (transport
inspectorates).

Council Directives 89/459/EEC and 91/671/EEC:
Checks of the tread depth of tyres are fully secured by roadworthiness inspection stations
and roadside checks (Ministry of Interior of the Slovak Republic - Traffic Police of the
Police Force). The use of safety belts is checked by the Ministry of Interior of the Slovak
Republic - Traffic Police of the Police Force.

Council Decision 93/704:
The Ministry of Interior of the Slovak Republic - Traffic Police of the Police Force,
annually issues the ”Statistical Review of Road Traffic Accidents". At present, making the
above statistical review available on the Internet is being considered.

Council Regulation 91/439/EEC, including its modifications by 94/72/EC, 96/427/EC
(Commission Decision), 97/26/EC, 2000/56/EC (Commission Directive) and Commission
Decision 2000/275/EC:
Driving tests, the drivers register and the issuance of driving licences fall under the
competence of district transport inspectorates (Ministry of Interior of the Slovak
Republic - Traffic Police of the Police Force). The examination of physical fitness is under
the competence of the Ministry of Health of the Slovak Republic. The Ministry of
Transport, Posts and Telecommunications of the Slovak Republic methodically directs
transport and road management departments of regional and district state administration
offices, oversees the application of Act No. 315/1996 Coll. on Roads Traffic and generally
binding legal regulations issued for the implementation thereof by regional and district state
administration offices, appoints natural persons to examine instructor licence applicants and

67
  If, in the future, the Slovak Republic decides to apply the training conditions for drivers with a minimum age
of 18 years as defined by Council Directive 76/914/EEC, it will first harmonise the training of drivers with
Council Directive 91/413/EEC (including its modifications) on driving licences.


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keeps a register on them, and issues thematic plans for the further training of drivers and
driving instructors and examinations to discover the professional competence of instructor
licence applicants. The Ministry of Transport, Posts and Telecommunications - State
Transport Office secures the production, distribution and registration of instructor licences.
Driving schools are private organisations.

The Ministry of Labour, Social Affairs and Family issues permits to entrepreneurs for the
provision of advice, education and training in the field of health and safety at work on the
basis of Labour Inspection Act No. 95/2000 Coll. The area of health and safety at work also
covers the training specified in Slovak Work Safety Office and Slovak Mining Office Decree
No. 208/1991 Coll. on the safety of work and technical equipment in the use, maintenance and
repair of vehicles.

Council Directive 96/96/EC and Commission Directives 1999/52/EC and 2001/11/EC:
Technical checks are carried out by private organisations (natural persons authorised for
undertaking or legal persons), which are granted authorisation for the performance of checks
by the relevant district state administration office upon the fulfilment of conditions laid
down by law or generally binding implementing regulations. Equally, certificates or permits
for testing technicians are granted to applicants by district state administration offices upon
the successful completion of basic or advanced training, verified by an organisation
authorised by the Ministry of Transport, Posts and Telecommunications, which
simultaneously registers the results of checks carried out in the road worthiness testing
stations network, assessments of roadworthiness and conclusions on the technical fitness/non-
fitness of individual vehicles for road traffic in an information system. At present, the
authorised organisation is SLOVDEKRA (a daughter company of the German DEKRA).
Emission checks of motor vehicles are also carried out by private organisations (natural
persons authorised for undertaking or legal persons), which are granted authorisation for the
performance of emission checks by the Ministry of Transport, Posts and Telecommunications,
if they fulfil conditions laid down by Act No. 309/1991 Coll. on the Protection of Air from
Pollutants (Air Act) as amended and a generally binding legal regulation - Ministry of
Transport, Posts and Telecommunications Decree No. 265/1996 Coll. on emission checks of
road motor vehicles as amended by Decree No. 307/1999 Coll. Inspection technician
certificates are granted to applicants by the Ministry of Transport, Posts and
Telecommunications upon the successful completion of basic training and the final exam. The
authorised organisation in the network of units for emission checks is S – eka spol. s.r.o.,
which registers the results of checks on roadworthiness and conclusions on the technical
fitness/non-fitness of individual vehicles for road traffic in an information system. The
Ministry of Transport, Posts and Telecommunications of the Slovak Republic - State
Transport Office secures the production, distribution and registration of a vehicle’s technical
certificates (certificates of roadworthiness tests on a vehicle).

Council Directive 1999/37/EC:
The registration of vehicles is secured by district transport inspectorates (Ministry of
Interior of the Slovak Republic - Traffic Police of the Police Force), which issue vehicle
registration certificates (equivalent to Part II of the registration certificate ). The Ministry of
Transport, Posts and Telecommunications of the Slovak Republic - State Transport



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Office secures the production, distribution and registration of a vehicle’s roadworthiness
licences (equivalent to Part I of the registration certificate ).

European Parliament and Council Directive 1999/62/EC:
The collection of road tax is secured by the Ministry of Finance - tax offices. The collection
of user charges is secured by the Ministry of Transport, Posts and Telecommunications
through the State Road Management Fund.

European Parliament and Council Directive 2000/30/EC:
The method for the implementation of this Directive is yet to be specified. The performance
of roadside checks falls under the competence of the Ministry of Interior of the Slovak
Republic.

Tasks that are yet to be fulfilled:

An amendment to Act No. 168/1996 Coll. on Road Transport as amended, which is being
prepared and will enter into force on 30.6.2002, will partially implement Council Directive
96/26/EC, including its last modification 98/76/EC, which regulates access to the profession,
align the amount of financial standing with that valid in the EU, provide conditions for the
implementation of Council Regulation 3916/90/EEC on measures to be taken in the event of a
crisis in the market, and create a system for the monitoring of tariffs defined by Council
Regulation 4058/89/EEC.

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of road transport in line with the plan for the
sector's institutional reinforcement within the framework of the integration process, which has
been elaborated and is being gradually updated. Personnel and technical conditions will be
created for other institutions participating in the implementation of EU legislation on the area
of road transport, especially the Police Force and the National Labour Inspectorate.

From 1.1.2003, Council Directive 84/647/EEC on the use of vehicles hired without drivers
for the carriage of goods by road as amended by Council Directive 90/398/EEC, together with
European Parliament and Council Directive 1999/62/EC, will be fully implemented with the
aim of fully harmonising the area of taxation of selected categories of heavy goods vehicles
through an amendment to Road Tax Act No. 87/1994 Coll. as amended and the area of user
charges through a new act on land communications.

By 31.3.2003, personnel and technical conditions will be created for the State Transport
Office (it will be separated from the Office of the Ministry of Transport, Posts and
Telecommunications) to secure the full implementation of Council Directive 96/53/EC and
directives concerning type approval and conformity assessment of motor vehicles.

From 31.3.2003, Council Directive 96/53/EC laying down maximum dimensions and
maximum weights of vehicles and Council Directive 92/6/EEC on the installation and use of
speed limitation devices will be fully implemented through a new decree of the Ministry of
Transport, Posts and Telecommunications of the Slovak Republic on vehicles' operation on
roads, and conditions will be created for the internal implementation of Council Regulation
3820/85/EEC, including the requirements from Council Directive 88/599/EEC on standard
control procedures, its last modification by Council Regulation 2135/98/EC, and Council


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Regulations 4060/89/EEC (including its modification 3356/91/EEC), and 3912/92/EEC
related to the elimination of certain controls performed at frontiers in road and inland
waterway transport.

By 31.12.2003, the ”Central Register of Offences in Domestic and International Haulage and
Bus Transport" will be created with the aim of facilitating the implementation of Council
Directives 95/50/EC on uniform procedures for checks on the transport of dangerous goods
by road, 88/599/EEC on standard control procedures for the implementation of Council
Regulations 3820/85/EEC, 1999/62/EC on the charging of heavy goods vehicles for the use of
certain infrastructures, 96/53/EC on the maximum dimensions of certain vehicles in domestic
and international transport and maximum weights of certain vehicles in domestic and
international transport, and 96/26/EC (including its modification by 98/76/EC) regulating
access to the profession, Commission Decision 93/173/EEC, and Council Regulations
4060/89/EEC (including its modification 3356/91/EEC) and 3912/92/EEC related to the
elimination of certain types of controls performed at frontiers in road and inland waterway
transport.

As of accession, conditions will be created for the implementation of First Council Directive
62/2005/EEC, Council Regulations 881/92/EEC, 684/92/EEC, 12/98/EC, 56/83/EEC,
3118/93/EC (modified by Council Regulation 3315/94/EC) and Commission Regulations
2121/98/EC and 792/94/EC (application of Council Regulation 3118/93/EC), which are
related to access to the market68;Council Directive 96/26/EC will be fully implemented,
including its last modification by 98/76/EC, which regulates access to the profession, in
particular in the field of the verification of good repute, through an amendment to Road
Transport Act No. 168/1996 Coll. as amended, amendment to Act No. 95/2000 Coll. on
Labour Inspection and on Amendment to Certain Laws, amendment to Act No. 372/1990
Coll. on Offences as amended and the act on the transport of dangerous goods being prepared;
Council Directive 91/439/EEC on driving licences, including its modifications by 94/72/EC,
96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC (Commission Directive), and
Commission Decision 2000/275/EC will be fully implemented through an amendment to Act
No. 315/1996 Coll. on Roads Traffic; the implementation of the requirements related to
electronic recording equipment (tachograph) as defined by Council Regulation 2135/98/EC
will be secured; and, European Parliament and Council Directive 2000/30/EC on the technical
roadside inspection of the roadworthiness of commercial vehicles circulating in the
Community will be fully implemented.
Progress achieved since the preceding NPAA:

    On 14.12.2000, the Slovak Republic signed and prepared for ratification the multilateral
     European agreement INTERBUS.

    The Ministry of Transport, Posts and Telecommunications of the Slovak Republic is
     preparing an amendment to Road Transport Act No. 168/1996 Coll. as amended, which
     defines crisis on the market, including the relevant measures. Under this amendment, the
     Ministry of Transport, Posts and Telecommunications of the Slovak Republic will monitor
     and assess, inter alia, the developments in expenditure and prices within the framework
68
  Co-operation with the European Commission will be necessary in the area of defining the instruments which
will facilitate the process of harmonisation and subsequent implementation. The proposed International Road
Union (IRU) strategy, especially the step-by-step process of expansion by increasing the special quota of
Community permits (similar to the CEMT quota) also seems to be an option in the pre-accession period,
depending on the degree of harmonisation with the acquis.


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    of the uniform information system. For this purpose, the relevant administrative
    authorities and selected carriers, forwarders and shippers will be obliged to provide the
    Ministry with the necessary data. When receiving, processing, storing and distributing
    the information and data, the Ministry is obliged to secure their protection against
    misuse. Thus, conditions will be created for the implementation of Council Regulation
    3916/90/EEC on measures to be taken in the event of a crisis in the market and Council
    Regulation 4058/89/EEC on the fixing of rates for the carriage of goods by road. The
    amendment will increase financial standing to the level specified in Council Directive
    96/26/EC as amended by Council Directive 98/76/EC, and the verification of financial
    standing will start to be applied to both international and domestic transport. Transport
    licences will be granted for a limited period of time, at a maximum for five years. The
    amendment will enter into force on 30.6.2002.

   Act No. 405/2000 Coll. amending Act No. 315/1996 Coll. on Roads Traffic entered into
    force on 1.1.2000. This act lays down the obligation to also state the owner of the vehicle
    on the roadworthiness licence, not just the holder of the vehicle. Thus, full compliance
    has been achieved with Council Directive 1999/37/EC on the registration documents for
    vehicles. Two registration documents are used in the Slovak Republic - roadworthiness
    licence and vehicle's registration certificate.

   On 1.1.2001, Act No. 388/2000 Coll. amending Land Communications Act No. 135/1961
    Coll. (Road Act), which provides for the use of 15-day vignettes for vehicles with a total
    weight exceeding 3.5 t, entered into force, meaning that the current system is no longer
    discriminating against occasional users of the Slovak road network from the EU.


Rail transport

Progress achieved:

The requirements stated in Council Regulation 11/60/EEC concerning the abolition of
discrimination in transport rates are being fully implemented in the area of access to the
market and accounting systems.

Partial harmonisation has been achieved with the following directives:
 European Parliament and Council Directive 2001/12/EC amending Council Directive
   91/440/EEC on the development of the Community's railways,
 European Parliament and Council Directive 2001/13/EC amending Council Directive
   95/18/EC on the licensing of railway undertakings.

Compliance with Council Directive 2001/14/EC on the allocation of railway infrastructure
capacity and the levying of charges for the use of railway infrastructure and safety
certification has not been achieved. No system for the allocation of railway infrastructure
capacity has been elaborated and no special authority allocating this capacity has been
established. An agreement must be concluded between the rail operator (Slovak Railways)
and transport operators in this respect.

On 6.4.2001, the Government approved a draft act amending Act No. 164/1996 on Railroads
and on Amendment to Trade Licensing Act No. 455/1991 Coll. as amended and the Act on



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Railway Company, joint stock company and on Amendment to National Council of the
Slovak Republic Act No. 258/1993 Coll. on Railways of the Slovak Republic as amended by
Act No. 152/1997 Coll. On 20.4.2001 the Government submitted both laws to the National
Council and they are expected to enter into force on 1.7.2001. These laws will secure the
separation of the railroad (infrastructure, operation of the railroad) from the provision of rail
operator services (operation of transport by rail) and the full implementation of Council
Directive 91/440/EEC on the development of the Community's railways. However, Council
Directive 95/18/ES on the licensing of railway undertakings (including Council and European
Parliament Directive 2001/13/EC, which amends it) will not be fully implemented until
1.1.2003, through a new act on the rail transport regulatory authority, which will be
established by transforming or completing the State Rail Office. The authority will, inter
alia, issue licences and safety certificates and oversee the allocation of railway infrastructure
capacity. From the standpoint of the granting of infrastructure access rights on the basis of
reciprocity, Council and European Parliament Directives 2001/14/EC on the allocation of
railway infrastructure capacity and the levying of charges for the use of railway infrastructure
and safety certification69 and 2001/12/EC amending Council Directive 91/440/EEC on the
development of the Community's railways will not be fully implemented until the time of
accession.

Compliance is yet to be achieved with Council Directive 96/48/EC on the interoperability of
the trans-European high-speed rail system, including Commission Decisions 1999/569/EC,
2000/260/EC, Commission Recommendation 2001/290/EC and European Parliament and
Council Directive 2001/16/EC on the interoperability of the trans-European conventional rail
system. The Slovak Republic does not have high-speed rails and is not planning to construct
a separate high-speed rail system until 2020. The modernisation of conventional railways for
the speed of 160 km/h is currently being prepared and partially implemented. The Slovak
Republic already fully guarantees and secures interoperability on conventional railways.
High-speed rolling stock can be operated on Slovak railways, however, at a lower speed (up
to 120-140 km/h, and up to 160 km/h following the modernisation on certain sections). It is
necessary that the relevant high-speed units are able, with regard to their electric equipment,
to pass various traction systems (in the Slovak Republic, it is 25 kV 50 Hz alternating current
or 3 kV direct current). The transfer of signals from safety equipment to train drivers' cabs
equipped with mobile elements of the train security system approved for use on national
railways is fully safe considering the maximum permitted speeds. The implementation of the
above directives will be secured from 1.1.2003 through the new act on the rail transport
regulatory authority.

Council Regulation 323/99/EC amending and supplementing Council Regulation
2299/89/EEC on a code of conduct for computer reservation systems also relates to rail
transport. The Slovak Republic expects no problems in the implementation of the provisions

69
  The European Commission is currently preparing a proposal for a new directive concerning
safety certification, which will also have to be transposed into the Slovak Republic's legal
system. European Parliament and Council Directive 2000/9/EC relating to cableway
installations designed to carry persons, which forms a part of the chapter "Free Movement of
Goods", also falls under the area of rail transport. Its transposition into the Slovak Republic's
legal system is expected by 31.12.2003.

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of the above Council Regulation relating to the possibility of including rail services as an
alternative to air services in the principal display of the computer reservation system operator
(CRS).

The requirements stated in Council Regulation 1192/69/EEC on common rules for the
normalisation of the accounts of railway undertakings have not been implemented.

The Project for the Transformation and Restructuring of Slovak Railways was
elaborated in co-operation with Slovak Railways and approved by the Government through
Resolution No. 830 of 18 October 2000. The key goal of the transformation and restructuring
is to ensure that the railways have a status in the society enabling the Slovak Republic's
railways to fulfil their missions oriented towards the state and towards the EU. At the same
time, the project's role is to define the relationship between the state and the transformed
railways, i.e. the state's commitment and obligation to compensate services in the public
interest and secure the development of the state's rail transport infrastructure and conditions
for the liberalisation of the railway operator's and railway carrier's operation.

The transformation of Slovak Railways (ŽSR) is expected to take place in several steps:

 the preservation of ŽSR as the railroad operator - infrastructure manager, which is and
  will continue to be owned by the state, by 1.1.2002,
 the exclusion of carrier activities from the current ŽSR (passenger and freight transport)
  into a separate state-owned joint-stock company - Železničná spoločnosť a.s., from
  1.1.2002,
 the creation of conditions for the de-etatisation and privatisation of service and auxiliary
  activities at the current ZSR,
 the creation of conditions for the development of an environment attractive for investors
  for the future entry of foreign capital and, by 2005, making the full privatisation of
  business activities in freight and passenger transport possible.

Institutional framework in the area of rail transport:

Council Directive 95/18/EC, and European Parliament and Council Directives 2001/13/EC
and 2001/14/EC:
In rail transport, the State Rail Office was established in 1992 (it has 47 employees) as a state
administration body under the Ministry of Transport, Posts and Telecommunications (it is
financed from the Ministry’s budget chapter), which performs state expert and technical
oversight and plays the role of a special construction authority. It also issues transport licences
to operators on the basis of their professional competence and physical and mental fitness.
For the time being, there is not authority for the allocation of infrastructure capacity.

Council Regulation 1192/69/EEC:
No special structures are necessary for the implementation of this Regulation.

European Parliament and Council Directive 2001/16/EC on the interoperability of the trans-
European conventional rail system:
For the time being, there is no notified authority to secure the implementation of the above
Directive. It is anticipated that from 1.1.2003 the rail transport regulatory authority will be



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the notified authority. If this is the case, the Slovak Republic will have to secure its
independent position within the framework of state administration.

Tasks that are yet to be fulfilled:

From 1.1.2003, European Parliament and Council Directives 2001/13/EC, amending Council
Directive 95/18/EC on the licensing of railway undertakings, and 2001/16/EC on the
interoperability of the trans-European conventional rail system, Council Directive 96/48/EC
on the interoperability of the trans-European high-speed rail system will be fully implemented
together with the requirements stated in Council Regulation 1192/69/EEC on common rules
for the normalisation of the accounts of railway undertakings.

By 30.6.2003 the personnel and equipment of the rail transport regulatory authority will be
completed to fully implement Council Directive 95/18/EC, and Council and European
Parliament Directives 2001/13/EC and 2001/14/EC, and personnel and technical conditions
will be created for the relevant units of the Ministry of Transport, Posts and
Telecommunications of the Slovak Republic participating in the implementation of EU
regulations on rail transport in line with the plan for the sector's institutional reinforcement
within the framework of the integration process, which has been elaborated and is being
gradually updated.

Council and European Parliament Directive 2001/14/EC on the allocation of railway
infrastructure capacity and the levying of charges for the use of railway infrastructure and
safety certification, and European Parliament and Council Directive 2001/12/EC amending
Council Directive 91/440/EEC on the development of the Community's railways will be
implemented as of the date of accession.

Progress achieved since the preceding NPAA:

   The Project for the Transformation and Restructuring of Slovak Railways was
    elaborated in co-operation with Slovak Railways and approved by the Government
    through Resolution No. 830 of 18 October 2000. The key goal of the transformation and
    restructuring is to ensure that the railways have a status in the society enabling the
    Slovak Republic's railways to fulfil their missions oriented towards the state and towards
    the EU. At the same time, the project's role is to define the relationship between the state
    and the transformed railways, i.e. the state's commitment and obligation to compensate
    services in the public interest and secure the development of the state's rail transport
    infrastructure and conditions for the liberalisation of the railway operator's and railway
    carrier's operation.

   On 6.4.2001, the Government approved an amendment to Act No. 164/1996 on Railroads
    and on Amendment to Trade Licensing Act No. 455/1991 Coll. as amended and the Act
    on Railway Company, joint stock company and on Amendment to National Council of the
    Slovak Republic Act No. 258/1993 Coll. on Railways of the Slovak Republic as amended
    by Act No. 152/1997 Coll. On 20.4.2001 the Government submitted both laws to the
    National Council and they are expected to enter into force on 1.7.2001. These laws will
    secure the separation of the railroad (infrastructure, operation of the railroad) from the
    provision of rail operator services (operation of transport by rail) - two separate legal
    entities will be established - and the full implementation of Council Directive
    91/440/EEC on the development of the Community's railways. Progress will also be


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     achieved in the implementation of Council Directive 95/18/EC on the licensing of railway
     undertakings, since the area of financial standing will be fully harmonised.


Combined transport

Progress achieved:

In the Slovak Republic, combined transport is considered as a transport system that respects
the conditions for all basic modes of transport included within the transport chain. For this
reason, combined transport is not covered by a separate law, but its definition is reflected in
the Slovak Republic’s laws for basic modes of transport. In the area of combined transport,
partial compliance has been achieved with Council Directive 92/106/EEC on the
establishment of common rules for certain types of combined transport of goods between
Member States. In line with this Directive, a unified proposal for the definition of combined
transport has been prepared and its adjusted wording will be proposed for incorporation into
laws concerning rail, road and inland waterway transport and related regulations when they
are amended.

The reduction of taxes applied to road vehicles and exemption from the system of quotas and
permits of road carriers operating in combined transport will be gradually implemented as the
relevant laws are amended70. In this area, the Slovak Republic follows bilateral agreements.
The definition of own-account transport will also be amended in line with First Council
Directive 62/2005/EEC on the establishment of common rules for certain types of carriage of
goods by road (including Council Regulation 881/92/EEC) and the relevant CEMT
resolution71. In accordance with Council Directive 96/53/EC, the Slovak Republic applies a
weight of 44t for long vehicles carrying 40´ ISO containers and other width, length and height
limits for road vehicles are also aligned (Ministry of Transport, Posts and
Telecommunications Decree No. 116/1997 on vehicles' operation on roads). The requirements
laid down by Council Regulation 1658/82/EEC (supplementing Council Regulation
1107/70/EEC) on the granting of aids for combined transport are being fully implemented.
The Slovak Republic will join the PACT programme in line with Council Regulation
2196/98/EC concerning the granting of Community financial assistance for actions of an
innovative nature to promote combined transport following its accession to the EU.

On 17.1.2001, the Government approved the "Concept for the Development of Combined
Transport with an Outlook to 2010" through Resolution No. 37/2001.

On 1.11.2000, Act No. 340/2000 Coll. amending National Council of the Slovak Republic
Act No. 168/1996 Coll. on Road Transport as amended entered into force. In §§ 23, 25, 28,
29, this amendment specifies the position of and approach to combined transport within the
framework of road transport. The Ministry of Transport, Posts and Telecommunications of the
Slovak Republic, in co-operation with the vocational association of domestic carriers and in
accordance with the interests of the state transport policy and environmental protection policy,
is obliged to specify the minimum share of authorisations that will be granted to carriers

70
   This includes e.g. Road Tax Act No. 87/1994 Coll., Property Tax Act No. 317/1992 Coll., Protection of
Agricultural Land Act No. 307/1992 Coll., Prices Act No. 18/1992 Coll., Road Transport Act No. 168/1996
Coll., Commercial Code No. 513/1991 Coll., and Trade Licensing Act No. 455/1991 Coll.
71
   The European Commission has prepared an amendment to Council Directive 92/106/EEC (COM(1998)414
final). The Slovak Republic is prepared to fully implement this Directive.


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providing combined transport from the total number of authorisations available. In addition,
foreign carriers may perform the carriage of goods between two places in the territory of the
Slovak Republic without consent from the Ministry, if this involves combined transport, the
last section of transport by road does not exceed 150 km and the place of collection or
delivery of the road vehicle (combined transport terminal, port, airport) is located in the
territory of the Slovak Republic.

Institutional framework in the area of combined transport:

Council Directive 92/106/EEC:
The implementation of this Directive requires no special administrative structures - it is
secured by the Ministry of Transport, Posts and Telecommunications.

Tasks that are yet to be fulfilled:

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications, which participate in the
implementation of EU legislation on the area of combined transport, in line with the plan for
the sector's institutional reinforcement within the framework of the integration process, which
has been elaborated and is being gradually updated.

As of the date of accession72 Council Directive 92/106/EEC on the establishment of common
rules for certain types of combined transport of goods between Member States will be fully
implemented.

Progress achieved since the preceding NPAA:

    On 17.1.2001, the Government approved the "Concept for the Development of Combined
     Transport with an Outlook to 2010" through Resolution No. 37/2001.

    On 1.11.2000, Act No. 340/2000 Coll. amending National Council of the Slovak Republic
     Act No. 168/1996 Coll. on Road Transport as amended entered into force. In §§ 23, 25,
     28, 29, this amendment specifies the position of and approach to combined transport
     within the framework of road transport.

    In connection with Governmental Resolution No. 37/2001, the validity of the Contract
     between the Slovak Republic and Slovak Railways on the Support for the Operation of the
     Combined Transport System 'RoLa Accompanied' for the 2001-2005 was prolonged and
     the Programme to Support the Development of Combined Transport in Slovakia was
     prolonged until 2010.

    In co-operation with the Ministry of Finance of the Slovak Republic, a proposal of a
     mechanism for the purchase of handling and transport technology and loading units for
     combined transport is being prepared.


72
  The implementation of Council Directive 92/106/EEC requires the exemption of combined transport from the
system of quotas and permits. This liberalisation will be connected with the implementation of directives and
regulations related to access to the road transport market, where it is probable that the Slovak Republic will
follow bilateral agreements until the time of accession.


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    Modification of bilateral agreements with Poland, Hungary and the Czech Republic on
     the acceptance of combined transport trains on trust in cross-border contact within the
     framework of rail transport is being prepared.

Inland waterway transport

Progress achieved:

At present, a total of 842 vessels of all types and categories are entered in the Slovak
Republic’s Central Register of Vessels. Slovenská plavba a prístavy a.s., the largest enterprise
operating in the field of inland waterway transport, owns 243 vessels (16 types) with total
weight of 296 927 t. Their rate or utilisation is in the range of 20-30%.

Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws entered
into force on 1.1.2001. In the area of safety of inland waterway transport, technology and the
environment, this act73 is fully aligned with Council Directive 87/540/EEC on access to the
occupation of carrier of goods by waterway in national and international transport and on the
mutual recognition of diplomas. The Act is partially aligned with Council Directives
76/135/EEC on reciprocal recognition of navigability licences (including Commission
Decision 77/527/EEC establishing the list of maritime shipping lanes for the application of
76/135/EEC), 82/714/EEC laying down technical requirements for inland waterway vessels,
and 91/672/EEC on the reciprocal recognition of national boatmasters’ certificates.

The following generally binding implementing regulations to Act No. 338/2000 Coll. on
Inland Navigation and on Amendment to Certain Laws have entered into force:
 Ministry of Transport, Posts and Telecommunications (MTPT) Decree No. 22/2001 Coll.
    laying down the details of the classification of waterways and individual sections thereof
    in the relevant classes in accordance with the classification of European waterways,
 MTPT Decree No. 123/2001 Coll. on the model code of carriage in public water transport
    by inland waterways,
 MTPT Decree No. 93/2001 laying down the details of the use of public ports and
    collection of charges for their use by vessels,
 MTPT Decree No. 124/2001 Coll. laying down the details of the content, scope,
    examination and format of professional competence certificates for water transport
    carriers,
 MTPT Decree No. 59/2001 Coll. laying down the details of the marking of vessels.

The following generally binding implementing regulations to Act No. 338/2000 Coll. on
Inland Navigation and on Amendment to Certain Laws will enter into force by 31.12.2001:
 MTPT Decree laying down the details of qualifications and verification of professional
    competence of vessel crewmembers and small vessel pilots.
 MTPT Decree laying down the Safety Rules for the Operation of Vessels on Inland
    Waterways of the Slovak Republic.


73
 Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws is also
fully aligned with the requirements of Council Regulation 1017/68/EEC applying rules of
competition to transport by rail, road and inland waterway, since public waterway transport
can be operated by a legal or natural person on the basis of transport licences granted and
withdrawn by the Ministry.

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The full compliance with Council Directives 96/75/EC on the systems of chartering and
pricing and 96/50/EC on the harmonisation of the conditions for obtaining national
boatmasters’ certificates has not been achieved. The requirements of Council Regulations
1356/96/EC on common rules applicable to the transport of goods or passengers and
718/1999/EC on a Community fleet capacity policy to promote inland waterway transport
(including measures laid down by Commission Regulation 805/1999/EEC and
1532/2000/EC) have not yet been implemented and an institution operating as a liquidation
fund has not been created.

In the area of access to the market, the requirements of Council Regulation 3921/91/EEC
laying down the conditions under which non-resident carriers may transport goods or
passengers by inland waterway within a Member State have not been implemented. The
Slovak Republic currently follows bilateral agreements and anticipates no problems in the
implementation of the above Regulation. The requirements of Council Regulation
2919/85/EEC laying down the conditions for access to navigation of the Rhine are not being
implemented as yet. The Slovak Republic is a member of the Danube Commission.

The Slovak Republic takes Council Decision 2000/474/EC concerning the Community
contribution to the International Fund "Clearance of the Fairway of the Danube" into account
and has contributed to this fund with a sum of EUR 230 000.

The Government of the Slovak Republic has prepared the privatisation of the enterprise
Slovenská plavba a prístavy a.s. On 28 May 2001 the tender was closed with the winner
Dunajservis, s.r.o., which will have 87% share. The city of Bratislava will have 7% share, the
city of Komárno will have 3% share and the Restitution Fund will have 3% share.

Institutional framework in the area of inland waterway transport:

Council Regulations 3921/91/EEC, 2919/85/EEC, and 1356/96/EEC, and Council Directives
87/540/EEC, 91/672/EEC, 76/135/EEC, 96/75/EC, and 96/50/EC:
The State Navigation Administration was established in 1964 (it has 80 employees) and is
currently a state administration body subordinated to the Ministry of Transport, Posts and
Telecommunications (it is financed from the Ministry’s budget chapter). In line with the new
Inland Navigation Act, it performs state administration and state expert oversight of inland
waterway navigation, maintains the Central Register of Vessels, issues professional
competence certificates to members of crews of vessels and sailing objects, professional
competence certificates for small vessel pilots, vessel certificates (navigability licences) and
service books for the members of crews of vessels and sailing objects. The classification of
vessels, including recreational and small vessels, is carried out by the company Slovenský
Lloyd s.r.o. Vessel certificates (navigability licences) are issued by the State Navigation
Administration. According to the new inland navigation act, the water transport section of
the Ministry of Transport, Posts and Telecommunications (it has 9 employees) issues
transport licences to operators on the basis of proof of professional competence, good
financial standing and good repute, which it also verifies and confirms. The Ministry of
Transport, Posts and Telecommunications grants and withdraws permits for the
participation of foreign carriers in domestic waterway transport.

Council Regulation 718/1999 (including measures laid down by Commission Regulations
805/1999/EEC and 1532/2000/EC):



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The functions of an Inland Waterway Fund will be fulfilled by the State Navigation
Administration from 1.1.2003 with the aim of monitoring the national fleet, collect
compulsory contributions, carry out support measures, report to the European Commission
and co-operate with other EU Member States.

Tasks that are yet to be fulfilled:

By 31.12.2002, technical and personnel conditions will be created for the State Navigation
Administration so that it can ensure the corresponding state expert oversight as defined in
Council Directives 76/135/EEC, 96/50/EC and 91/672/EEC, and Council Regulation
718/1999/EC on a Community fleet capacity policy to promote inland waterway transport
(including measures laid down by Commission Regulation 805/1999/EEC), for the relevant
units of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic,
which participate in the implementation of EU regulations in the field of inland waterway
transport in accordance with the plan for the sector's institutional reinforcement within the
framework of the integration process that has been prepared and is being gradually updated.

From 1.1.2003, Council Directives 76/135/EEC on reciprocal recognition of navigability
licences, 96/75/EC on the systems of chartering and pricing, 96/50/EC on the harmonisation
of the conditions for obtaining national boatmasters’ certificates, 82/714/EEC laying down
technical requirements for inland waterway vessels, and 91/672/EEC on the reciprocal
recognition of national boatmasters’ certificates, and Council Regulation 718/1999/EC on a
Community fleet capacity policy to promote inland waterway transport (including measures
laid down by Commission Regulations 805/1999/EEC and 1532/2000/EC) will be fully
implemented.

As of the date of accession, conditions will be created for the implementation of Council
Regulations 2919/85/EEC laying down the conditions for access to navigation of the Rhine,
1356/96/EC on common rules applicable to the transport of goods or passengers, and
3921/91/EEC laying down the conditions under which non-resident carriers may transport
goods or passengers by inland waterway within a Member State.

Progress achieved since the preceding NPAA:

 Act No. 338/2000 Coll. on Inland Navigation and on Amendment to Certain Laws entered
     into force on 1.1.2001. The following generally binding regulations implementing the act
     have already entered into force:
   Ministry of Transport, Posts and Telecommunications (MTPT) Decree No. 22/2001 Coll.
    laying down the details of the classification of waterways and individual sections thereof
    in the relevant classes in accordance with the classification of European waterways,
   MTPT Decree No. 123/2001 Coll. on the model code of carriage in public water transport
    by inland waterways,
   MTPT Decree No. 93/2001 laying down the details of the use of public ports and
    collection of charges for their use by vessels,
   MTPT Decree No. 124/2001 Coll. laying down the details of the content, scope,
    examination and format of professional competence certificates for water transport
    carriers,
   MTPT Decree No. 59/2001 Coll. laying down the details of the marking of vessels,
   MTPT Decree No. 182/2001 Coll. laying down details on qualification assumes and
    professional competence verification for members of crews of vessels and for small vessel


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     pilots.


Air transport

Progress achieved:

The integration process in this area is greatly influenced by the preparation of the ECAA (a
multilateral agreement on the creation of a common European aviation area), expert talks on
which were completed at the end of 1999. The ECAA was approved through Governmental
Resolution No. 863 of 25.10.2000 and the Minister of Transport, Posts and
Telecommunications (and Slovak Ambassador to the EC and the State Secretary of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic as proxies) was
authorised to sign the Agreement. The implementation of the Agreement will in practice mean
the adoption of and harmonisation with the whole acquis communautaire by 2002, as well as
the need to secure the Slovak Republic’s full membership in the Joint Aviation Authorities
(JAA), which play a decisive role in the harmonisation of technical aviation regulations
within the EU. The "Plan for the Preparation, Expert Review, Approval and Issuance of
Aviation Regulations for 2000, 2001 and 2002", which includes JAR issued by the JAA,
was elaborated in March 2000. JAR 1 was issued in 2000. JAR 66, JAR 145 and JAR 147
have been prepared for approval. JAR – FCL 1, JAR – FCL 2, JAR – FCL 3, JAR - STD 1A,
JAR – VLA, JAR – OPS 1, JAR – OPS 3, and JAR 21 will also be prepared and issued in
2001. Slovakia plans to prepare and issue JAR 26 and JAR - AWO in the 1st half of 2002.
JAR 22, JAR 23, JAR 25, JAR 27, JAR 29, JAR 36 and JAR - APU will not be translated into
Slovak - since they apply to a very narrow group of experts, their original English version will
be used. The Slovak Republic anticipates that it could attain the full membership of the JAA
by 30.6.2002.

In the areas of technical harmonisation, safety and the environment,74 partial compliance
has been achieved in defining and using compatible technical specifications in the
procurement of air traffic management equipment and systems, in line with Council Directive
93/65/EEC (including its modification by Commission Directive 97/15/EC and Commission
Regulation 2082/2000/EC), since the Slovak Republic is a member of EUROCONTROL.
Alignment with the requirements of Council Regulation 3922/91/EEC on the harmonisation
of technical requirements and administrative procedures in the field of civil aviation
(including its modification by Commission Regulations 2176/96/EC, 1069/99/EC and
2871/2000) will be carried out gradually, because of the need to implement JAR75. In the
area of the environment, harmonisation has been achieved with Council Directives
92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2,
Volume 1 of Annex 16 to the ICAO (including its modifications by 98/20/EC and 99/28/EC),
80/51/EEC on the limitation of noise emissions from subsonic aircraft (including its
modification by 83/206/EEC), and 89/629/EEC on the limitation of noise emission from civil
subsonic jet aeroplanes, and Council Regulation 925/99/EC on the registration and operation
within the Community of certain types of civil subsonic jet aeroplanes, since the Slovak
Republic is a member state of the ICAO. The provisions of the above directives only differ

74
   Currently valid Act No. 143/1998 Coll. on Civil Aviation (Aviation Law) and on Amendment to Certain Laws
is also fully aligned with Council Directive 93/104/EC concerning the organisation of working time, including
implementing regulations.
75
   The implementation of Council Regulation 3922/91/EEC will be carried out through the ECAA applying
Protocol XIII on a transitional period until 31.12.2002.


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from Annex 16 to the Convention in the defined maximum take-off mass. Other provisions
comply with Annex 16 to the Convention. The Slovak Republic is gradually fulfilling the
provisions restricting and forbidding the operation of aircraft failing to meet the noise
standards. From 1.4.2002, the Slovak Republic will not allow the operation of any jet aircraft
with a maximum take-off mass exceeding 34,000 kg without noise certification. As a member
of the EUROCONTROL, the Slovak Republic respects Council Resolution 99/804/EC on
the situation of air traffic delays. In the area of safety, compliance is yet to be achieved
with Council Directive 94/56/EC on the investigation of civil aviation accidents and incidents;
an independent institution for their investigation has not been established. On 29.3.2001, a
draft amendment to Act No. 143/1998 Coll. on Civil Aviation (Aviation Act), which will
enter into force on 1.1.2002, was submitted to the Legislative Council of the Government for
debate. § 18 of the draft amendment reads as follows:

"(3) The investigation of aviation accidents and incidents, with the exception of cases stated
under § 48 (2), is carried out by the Civil Aviation Authority. The Minister of Transport,
Posts and Telecommunications of the Slovak Republic appoints the members of the
permanent commission for the investigation of aviation accidents and incidents. The Minister,
or a person authorised by the Minister, appoints expert commissions for the investigation of
individual aviation accidents or incidents from among members of the permanent commission
for the investigation of aviation accidents and incidents."

The financial independence of investigation will be ensured through the fixing of a section of
the Civil Aviation Authority's finance for the purposes of investigation and analyses.

This will address the independent investigation of accidents in the conditions of the Slovak
Republic and, simultaneously, the full implementation of Council Directive 94/56/EEC will
be achieved.

Partial compliance with Council Directive 2000/79/EC concerning the European Agreement
on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers' Federation (ETF),
the European Cockpit Association (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA) has been achieved. The organisation of
the working time of civil aircraft crews in the Slovak Republic is addressed in Ministry of
Transport, Posts and Telecommunications Guidelines No. 18/96 on flight safety standards,
working periods and periods of rest for civil aircraft crews.

The Slovak Republic takes Council Resolution 2000/C 293/01 on the rights of air passengers
into account.

In the area of access to the market,76 partial compliance (it is necessary to prepare
generally binding implementing regulations which will replace internal regulations of the
Ministry of Transport, Posts and Telecommunications) with the following Union legislation
has been achieved:

76
   Currently valid Act No. 143/1998 on Civil Aviation (Aviation Act) and on Amendment to Certain Laws,
including its implementing regulations, has also been aligned with Council Regulations 2410/92/EEC (including
its modification by 3975/87/EEC), 4064/89/EEC (including its modification by 1310/97/EC) and 1284/91/EEC,
and Commission Regulation 4261/88/EEC (including its modification by 3666/93/EEC) related to the rules of
competition. Act No. 188/1994 Coll. on the Protection of Competition as amended by Act No. 240/1998 Coll. on
Agriculture and on Amendment to Other Laws is fully aligned with Council Regulation 4064/89/EEC.


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    Council Directive 96/67/EC on access to the groundhandling market at Community
     airports,
    Council Directive 93/13/EC on unfair terms in consumer contracts,
    Council Directive 90/314/EEC on package travel, package holidays and package tours,
    European Parliament and Council Directive 95/46/EC on the protection of personal data,
    Council Regulation 2407/92/EEC on the licensing of air carriers,
    Council Regulation 2409/92/EEC on fares and rates for air services,
    Council Regulation 95/93/EEC on common rules for the allocation of slots at Community
     airports,
    Council Regulations 2299/89/EEC on a code of conduct for computer reservation systems
     (including its modifications by 3089/93/EEC and 323/99/EEC),
    Council Regulation 295/91/EEC establishing common rules for a denied-boarding
     compensation system in scheduled air transport,
    Council Regulation 2027/97/EC on air carrier liability in the event of accidents,
    Council Decision 80/50/EEC setting up a consultation procedure on relations between
     Member States and third countries in the field of air transport;

In the area of reciprocal acceptance of personnel licences for the exercise of functions,
compliance with Council Directive 91/670/EEC has been achieved. The Slovak Republic
accepts all licences valid within the ICAO. The implementation of Council Regulation
2408/92/EEC on access for Community air carriers to intra-Community air routes is not
applicable until the Slovak Republic is included in the common aviation area77. For the time
being, the Slovak Republic follows bilateral agreements. Conditions have been created for
the implementation of Council Decision 98/434/EC concerning the Agreement between the
European Community, the European Space Agency and the European Organisation for the
Safety of Air Navigation on a European contribution to the development of a global
navigation satellite system (GNSS), and Council and Transport Ministers Resolution
89/726/EEC on capacity problems of the air carriage system, since the Slovak Republic is a
member of EUROCONTROL.

Institutional framework in the area of air transport:

Council Directive 94/56/EEC:
There is no permanent independent investigation authority in the Slovak Republic that would
meet the requirements of this Directive. Such a body will be established on 1.1.2002 within
the Civil Aviation Authority. The Minister of Transport, Posts and Telecommunications of
the Slovak Republic will appoint the members of the permanent commission for the
investigation of aviation accidents and incidents. The Minister, or a person authorised by the
Minister, will appoint expert commissions for the investigation of individual aviation
accidents or incidents from among members of the permanent commission for the
investigation of aviation accidents and incidents.

Council Directive 96/67/EC, Council Regulations 2407/92/EEC, 2409/92/EEC, 2299/89/EEC,
295/91/EEC, 2027/97/EC, and 2408/92/EEC:
The area of access to the market is under the competence of the Ministry of Transport, Posts
and Telecommunications - Civil Aviation Division (10 employees). The Airport Users'
Committee consisting of all users of the relevant airports have not been set up.
77
  The implementation of Council Regulation 2408/92/EEC will be carried out through the ECAA, while
applying Protocol XIII on a transitional period until 31.12.2002.


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Council Directives 92/14/EEC, 80/51/EEC, 89/629/EC, 2000/79/EC and Council Regulation
3922/91/EEC:
In 1998, the Civil Aviation Authority (it has 55 employees) was established as a state
administration body under the Ministry of Transport, Posts and Telecommunications of the
Slovak Republic (it is financed from the Ministry’s budget chapter); it performs regulatory
activities in line with the above EU regulations and operates as a special construction
authority for civil aviation.

Council Regulation 95/93/EEC:
Due to infrequent traffic, airports in the Slovak Republic are not in the group of airports with
allocation of slots. The co-ordinated airport therefore has not been established. The necessary
analyses are carried out by the Slovak Airports Administration.

Council Directive 93/65/EEC (including its modification by 97/15/EC):
The Civil Aviation Authority oversees the observance of the use of compatible technical
specifications in the procurement of air traffic management equipment and systems and
carries out activities related to the qualified state expert oversight of civil aviation. The actual
procurement is secured by the state enterprise Letové prevádzkové služby, š.p., which was
set up by the Ministry of Transport, Posts and Telecommunications on 1.1.2000, in
accordance with the requirements of EUROCONTROL.

Tasks that are yet to be fulfilled:

From 1.1.2002, Council Directive 94/56/EC on the investigation of civil aviation accidents
and incidents (create conditions for the independent investigation of accidents), Council
Directives 96/67/EC on access to the groundhandling market at Community airports,
93/13/EC on unfair terms in consumer contracts and 90/314/EEC on package travel, package
holidays and package tours, European Parliament and Council Directive 95/46/EC on the
protection of personal data, Council Regulations 2407/92/EEC on licensing of air carriers,
2409/92/EEC on fares and rates for air services, 95/93/EEC on common rules for the
allocation of slots at Community airports, 2299/89/EEC on a code of conduct for computer
reservation systems, 295/91/EEC establishing common rules for a denied-boarding
compensation system in scheduled air transport, and 2027/97/EC on air carrier liability in the
event of accidents78 will be fully implemented through Act No. 143/1998 Coll. on Civil
Aviation (Aviation Act) and on Amendment to Certain Laws and the relevant generally
binding implementing regulations.

By 31.12.2001, personnel and technical conditions for the Civil Aviation Authority will be
created so that the independent investigation of accidents defined by Council Directive
94/56/EEC, corresponding state expert oversight in line with Council Directive 93/65/EEC
and the implementation of JAA regulations (JAR) in accordance with Council Regulation
3922/91/EEC are ensured.

From 1.7.2002 Council Directive 2000/79/EC concerning the European Agreement on the
Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the

78
     In the case of Council Regulation 2027/97/EC, the new Montreal Convention will be followed.


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Association of European Airlines (AEA), the European Transport Workers' Federation (ETF),
the European Cockpit Association (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA), Council Regulation 3922/91/EEC on
the harmonisation of technical requirements and administrative procedures in the field of civil
aviation and 2408/92/EEC on access for Community air carriers to intra-Community air
routes will be fully implemented through an amendment to Act No. 143/1998 on Civil
Aviation (Aviation Act) and on Amendment to Certain Laws79.

By 30.6.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of air transport in line with the plan for the
sector's institutional reinforcement within the framework of the integration process, which has
been elaborated and is being gradually updated.

Progress achieved since the preceding NPAA:

     On 29.3.2001, a draft amendment to Act No. 143/1998 Coll. on Civil Aviation (Aviation
      Act), which will enter into force on 1.1.2002, was submitted to the Legislative Council of
      the Government for debate. The draft amendment implements the following:
    independent investigation of accidents in the conditions of the Slovak Republic as defined
     by Council Directive 94/56/EEC.
      The draft amendment partially implements the following:
    Council Regulation 2407/92/EEC, since it deals with air carriers that are holders of the
     air carrier certificate and the issue of carriers' financial standing,
    Council Regulation 2027/97/EC, since it addresses the advance payment for damages
     sustained in the event of death, wounding or any other bodily injury to cover the direct
     economic needs of the injured persons or their relatives,
    Council Regulation 295/91/EEC since it addresses the compensation of persons denied
     boarding.



79
 This amendment will also be aligned with the following:
  Council Directive 92/59/EEC on general product safety – falls under the chapter Consumer and Health
   Protection (responsible authority - Ministry of Economy); here it will be necessary to secure harmonisation
   with Act No. 310/1999 amending Act No. 634/1992 on Consumer Protection as amended and on
   Amendment to Certain Laws, since this Act has been fully aligned with the Directive,
 Council Regulations 2411/92/EEC and 1617/93/EEC (including its modification by 1523/96/EC),
   Commission Regulation 3652/93/EEC concerning certain types of agreement and practices between
   undertakings in air transport, Council Regulation 447/98/EC on the control of concentrations between
   undertakings - these fall under Competition Policy (responsible authority - Anti-Monopoly Office, which
   will have to secure alignment of Act No. 188/1994 on the Protection of Competition as amended by Act No.
   240/1998 on Agriculture and on Amendment to Certain Other Laws with these EU regulations),
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings - (responsible authority - the Anti-
   Monopoly Office in co-operation with the Ministry of Finance, which will have to secure the alignment of
   State Aid Act No. 231/1999 with this Directive).
 Council Regulation 3976/87/EEC (including its modification by 2411/92/EEC), Commission Regulation
   1617/93/EEC (including its modifications by 1523/96/EC, 1083/99/EC), Commission Regulation
   3652/93/EEC concerning certain types of agreement and practices between undertakings in air transport, and
   Council Regulation 447/98/EC on the control of concentrations between undertakings,
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings.


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Maritime transport

Progress achieved:

The Slovak Republic owns 3 marine vessels with a total tonnage of 19 499 DWT. Their rate
of utilisation is currently at approx. 60%.

On 1.1.2001, Maritime Navigation Act No. 435/2000 Coll. entered into force. In the field of
maritime safety, this act has been aligned with80:
 Council Directive 94/57/EC on common rules and standards for ship inspection and
   survey organisations (including its modification by 97/58/EC, and Commission Decision
   96/587/EC and its modification by 98/403/EC), since sea boat inspections are carried out
   in accordance with the requirements of SOLAS and authorisation agreements have been
   concluded with the relevant classification organisations81,
 Council Regulation 94/58/EC on the minimum level of training of seafarers, including its
   modification by 98/35/EC (the Slovak Republic is a signatory of the STCW Convention),
 Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the
   North Sea and English Channel.

Maritime Navigation Act No. 435/2000 Coll. also addresses the issue of carriage of
dangerous or polluting goods, however, it is of a more general nature than Council
Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving
Community ports and carrying dangerous or polluting goods (including its modifications by
96/39/EC, 97/26/EC, 98/55/EC and 98/74/EC). The Slovak Republic is a signatory of SOLAS
and MARPOL, applies the regulations of IMDG, IBC and IGC, and, as a member of the
IMO, observes IMO Resolution A 648 (16), which means that the stated Directive has been
implemented82.

The requirements of Council Regulation 613/91/EEC on the transfer of ships from one
register to another are partially taken into account in the Maritime Navigation Act, while
Commission Regulation 2158/93/EEC concerning the application of amendments to the
International Convention for the Safety of Life at Sea, 1974, and to the International
Convention for the Prevention of Pollution from ships, 1973, for the purpose of Council
Regulation 613/91/EEC is implemented fully, since the Slovak Republic is a signatory of
SOLAS and MARPOL. The Slovak Republic takes European Parliament and Council
Decision 2850/2000/EC, setting up a Community framework for cooperation in the field of
accidental or deliberate marine pollution, into account.

At present, the Slovak Republic does not own seagoing fishing and ferry vessels. Maritime
Navigation Act No. 435/2000 Coll. does not relate to seagoing fishing and ferry vessels; it is

80
   Maritime Navigation Act No. 435/2000 Coll. and the Labour Code have also been fully aligned with Council
Directive 1999/63/EC concerning the Agreement on the Organisation of Working Time of Seafarers concluded
by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers' Unions
in the European Union (FST), since the maximum hours of work, minimum hours of rest, minimum age of
seafarers, professional competence, fitness of crew members, and the period of paid leave have been harmonised.
The Slovak Republic has yet to ratify ILO Conventions No. 147 and 180.
81
   As of the date of accession, the Slovak Republic will have to terminate its contractual relationship with
classification companies Polski Rejestr Statkow Gdyna and Chorvátsky Register, since the EU does not accept
these.
82
   The Slovak Republic has accepted the requirements defined in the INF Code, however, it does not currently
carry burnt radioactive fuel (waste) and owns no special vessels for this purpose.


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not possible to register this type of vessels in the Slovak Republic, which means that the
implementation of Council Directive 98/18/EC on safety rules and standards for passenger
ships, 97/70/EC (including its modification by Council Directive 1999/19/EC) setting up a
harmonised safety regime for fishing vessels of 24 metres in length and over, and Council
Regulation 3051/95/EC on the safety management of roll-on/roll-off passenger ferries
(including supplementing Council Regulation 179/98/EEC) is not possible.

Partial compliance has been achieved with Council Directive 96/98/EC on marine
equipment. A draft ordinance of the Government of the Slovak Republic on vessel equipment
implementing Act No. 264/1999 Coll. 1999 on Technical Requirements for Products and
Conformity Assessment has been prepared. It is expected that the ordinance will enter into
force on 1.8.2001.

As regards Council Decisions 83/573/EEC concerning counter-measures in the field of
international merchant shipping (connected with Council Decision 77/587/EEC setting up a
consultation procedure between Member States and third countries), 92/143/EEC on radio-
navigation systems for Europe, and 78/774/EEC concerning the activities of certain third
countries in the field of cargo shipping (including its modification by 89/242/EEC), the
Slovak Republic observes these regulations.

In the area of access to the market, or freedom to provide services, the Slovak Republic
implements the requirements of Council Regulation 954/79/EEC concerning the ratification
by Member States of, or their accession to, the UN Convention on a Code of Conduct for
Liner Conferences (the Slovak Republic is a party to this Convention). Although the draft
new maritime navigation act contains no special regulations concerning the right to provide
services, it places no restrictions on the implementation of the requirements from Council
Regulation 4055/86/EEC applying the principle of freedom to provide services or
Commission Regulation (EC) 823/2000 of 19 April 2000 on the application of Article 81(3)
of the Treaty to certain categories of agreements, decisions and concerted practices between
liner shipping companies (consortia). Since the Slovak Republic has concluded no bilateral
agreements on cargo sharing, the implementation of the above Regulation constitutes no
problem for the Slovak Republic. The Slovak Republic observes Council Regulations
4058/86/EEC concerning coordinated action to safeguard free access to cargoes in ocean
trades and 4057/86/EEC on unfair pricing practices. These regulations contain procedures
applying to the European Commission in particular and the Slovak Republic expects no
problems in their implementation. Council Regulation 3577/92/EEC concerning maritime
cabotage does not apply to the Slovak Republic since it is a land-locked country.

In the area of the freedom to establish maritime transport undertakings, the Maritime
Navigation Act has been fully aligned with Articles 43-48 of the Treaty on EU (ECJ Cases
167/73 and 246/89) - it enables non-residents to undertake freely in the territory of the Slovak
Republic and applies equal conditions for citizens of the Slovak Republic and foreigners in
administrative proceedings.

In the area of free movement of labour - Article 39 of the Treaty on EU (ECJ Case 167/73),
the Maritime Navigation Act is very liberal, which is connected with the lack of domestic
labour force in maritime transport. Neither permits for residence in the territory of the Slovak
Republic nor employment permits, as stipulated by Employment Act No. 287/1996 Coll. as
amended, will be required for the employment of foreigners or stateless persons as crew
members. Similarly, the Maritime Navigation Act does not obstruct the employment of


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citizens of the Slovak Republic on a vessel sailing under a state flag other than Slovak. This
has removed any discrimination between citizens of the Slovak Republic and non-residents in
employment and Article 39 of the Treaty on EU was fully implemented.

The following generally binding implementing regulations to the Maritime Navigation Act
will enter into force by 31.12.2001:

 Ministry of Transport, Posts and Telecommunications (MTPT) Decree on the use of the
  state flag of the Slovak Republic and other flags on maritime vessels sailing under the flag
  of the Slovak Republic,
 MTPT Decree on the maintenance of the maritime register of the Slovak Republic,
 MTPT Decree on vessel certificates and documentation, logbooks and documents of the
  crew members of marine vessels sailing under the state flag of the Slovak Republic,
 MTPT Decree on measures in the event of child birth, death, missing persons and person
  overboard on a maritime vessel sailing under the flag of the Slovak Republic,
 MTPT Decree on professional competence of the crew members of maritime vessels
  sailing under the state flag of the Slovak Republic,
 MTPT Decree on marine recreational vessels and professional competence of marine
  recreational vessel boatmasters.

Since the Slovak Republic is a land-locked country, the implementation of the following EU
legislation is not possible:
 Articles 85 and 86 (1) of the Treaty on EU (ECJ Cases 179/90 and 119/94) in connection
    with the provision of services at ports,
 European Parliament and Council Directive 1999/95/EC which applies the provisions of
    Council Directive 1999/63/EC on inspections at Community ports,
 Council Regulation 2978/94/EC on the implementation of IMO Resolution A.747(18) on
    the application of tonnage measurement of ballast spaces in segregated ballast oil tankers,
 Council Directive 98/41/EC on the registration of persons sailing on board passenger
    ships operating to or from ports of the Member States of the Community,
 Council Directive 95/21/EC (including its modification by Commission Directive
    1999/97/EC) concerning the enforcement, in respect of shipping using Community ports
    and sailing in the waters under the jurisdiction of the Member States, of international
    standards for ship safety, pollution prevention and shipboard living and working
    conditions (including its modifications by 98/25/EC and 98/42/EC),
 Council Directive 1999/35/EC on a system of mandatory surveys for the safe operation of
    regular ro-ro ferry and high-speed passenger craft services,
 Commission Directive 96/40/EC establishing a common model for an identity card for
    inspectors carrying out port State control,
 European Parliament and Council Directive 2000/59/EC on port reception facilities for
    ship-generated waste and cargo residues.

Institutional framework in the area of maritime transport:

In maritime transport, the function of a Maritime Office has been fulfilled by the maritime
navigation unit (it has 3 employees), a part of the water transport section at the Ministry of
Transport, Posts and Telecommunications, which performs state oversight of the
navigability of marine vessels and recreational vessels since 1993.




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Council Directive 96/98/EC:
This Directive addresses conformity assessment for specified marine equipment and its
inspection on vessels. Slovenský Lloyd s.r.o., an independent organisation, will become the
notified body from 1.8.2001. The relevant audits will be carried out by the Office of
Standardisation, Metrology and Testing. As regards the inspection of this equipment on
vessels, classification companies with which the Slovak Republic has concluded
authorisation agreements (Lloyds Register London, Germanishe Lloyd Hamburg, Polski
Rejestr Statkow Gdyna, Russian Maritime Register and Croatian Register) perform this
fully and in compliance with the above Directive.

Council Directive 93/75/EC:
The Ministry of Transport, Posts and Telecommunications - Maritime Office, is
responsible for the implementation of this Directive.

Council Regulations 613/91/EEC and 3051/95/EC, and Council Directives 94/57/EC,
90/70/EC (including its modification by Council Directive 1999/19/EC), and 98/18/EC:
The Ministry of Transport, Posts and Telecommunications has authorised classification
companies (Lloyds Register London, Germanishe Lloyd Hamburg, Polski Rejestr
Statkow Gdyna, Russian Maritime Register and Croatian Register) to approve the
technical fitness of marine vessels. At present, the Slovak Republic owns no vessels specified
in Council Directives 90/70/EC (including its modification by council Directive 1999/19/EC),
98/18/EC and Council Regulation 3051/95/EC.

Tasks that are yet to be fulfilled:

From 1.8.2001, Council Directive 96/98/EC on marine equipment will be fully implemented
through an ordinance of the Government of the Slovak Republic on vessel equipment
implementing Act No. 264/1999 Coll. 1999 on Technical Requirements for Products and
Conformity Assessment. Slovenský Lloyd s.r.o., an independent organisation, will become
the notified body. The relevant audits will be carried out by the Office of Standardisation,
Metrology and Testing.

By 31.12.2002, personnel and technical conditions will be created for the relevant units of the
Ministry of Transport, Posts and Telecommunications of the Slovak Republic participating in
the implementation of EU legislation on the area of maritime transport in line with the plan
for the sector’s institutional reinforcement within the framework of the integration process,
which has been elaborated and is being gradually updated.

From 1.1.2003, conditions will be created for the implementation of Council Regulation
613/91/EEC on the transfer of ships from one register to another.

Progress achieved since the preceding NPAA:

   On 1.1.2001, Maritime Navigation Act No. 435/2000 Coll. entered into force.


Short and medium-term priorities

Development of infrastructure and Trans-European Transport Networks (TEN)



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By 31.12.2001:
 approve the "Road Construction Programme" and "Road Repair and Maintenance
   Programme". These programmes will represent a concept for the further development of
   the road network, including financing.

From 30.6.2002:
 introduce a compatible accounting system for infrastructure expenditure on road, rail and
   inland waterway transport and a system for reporting data on infrastructure expenditure to
   the European Commission in accordance with Council Regulation 1108/70/EEC.

IX.     Institutional framework in the area of the development of infrastructure:

As of accession:
 implement Council Regulation 2236/95/EC on financing the TEN, prepare authorities
   responsible for the system of financing from Community funds.

Horizontal issues

From 1.1.2002:
 create conditions for the implementation of Council Regulation 1107/70/EEC on the
   granting of aids for transport by rail, road and inland waterway through an amendment to
   State Aid Act No. 231/1999 Coll.

From 30.6.2002:
 create conditions for the implementation Council Regulation 1191/69/EEC in road
   transport through an amendment to Act No. 168/1996 Coll. on Road Transport as
   amended83.


Transport of dangerous goods

From 1.1.2003:
 secure the full implementation of Council Directives 94/55/EC, 95/50/EC84, 96/49/EC,
   96/35/EC, and European Parliament and Council Directive 2000/18/EC through an act on
   the transport of dangerous goods.

X.      Institutional framework in the area of the transport of dangerous goods:

By 31.12.2002:
 create personnel and technical conditions for responsible authorities in accordance with
   Directives 94/55/EC, 95/50/EC85, 96/49/EC, 96/35/EC and European Parliament Council

83
   This amendment will also address harmonisation with Council Directive 93/38/EC co-
ordinating the procurement procedures of entities operating in the water, energy, transport and
telecommunications sectors.
84
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of transport of dangerous goods or perishable foodstuffs.
85
    Roadside checks are also related to the implementation of Council Regulations 4060/89/EEC and
3912/92/EEC related to the elimination of controls performed at frontiers. The same checks must be carried out
in the case of transport of dangerous goods or perishable foodstuffs.


                                                    192
National Programme for the Adoption of the Acquis                                          Transport Policy


     Directive 2000/18/EC, so that vehicle controls can be carried out effectively, the system
     for the control of transport of dangerous goods by rail is prepared thoroughly, and the
     function of safety adviser introduced in road, rail and inland waterway transport, including
     the necessary vocational training and quality monitoring.


Road transport

From 30.6.2002:
 partially implement Council Directive 96/26/EC, including its last modification by
   98/76/EC, which regulates access to the profession, and for financial standing, legislate a
   timetable for the gradual alignment of the amount with that valid in the EU through an
   amendment to Act No. 168/1996 Coll. on Road Transport as amended.
 secure conditions for the implementation of Council regulation 3916/90/EEC on measures
   to be taken in the event of a crisis in the market and a system for the monitoring of tariffs
   as defined by Council Regulation 4058/89/EEC.

From 1.1.2003:
 fully implement Council Directive 84/647/EEC on the use of vehicles hired without
   drivers for the carriage of goods by road,
 fully implement European Parliament and Council Directive 1999/62/EC with the aim of
   fully harmonising the area of taxation of selected categories of heavy goods vehicles
   through an amendment to Act No. 87/1994 Coll. on Road Tax as amended and the area of
   user charges through a new act on land communications.

From 31.3.2003:
 fully implement Council Directive 96/53/EC laying down maximum dimensions and
   maximum weights of vehicles and Council Directive 92/6/EEC on the installation and use
   of speed limitation devices through a new decree of the Ministry of Transport, Posts and
   Telecommunications of the Slovak Republic on vehicles' operation on roads,
 secure conditions for the implementation of Council Regulation 3820/85/EEC, including
   internally, together with the requirements of Council Directive 88/599/EEC on standard
   control procedures and its last modification by Council Regulation 2135/98/EC
 secure conditions for the implementation of Council Regulation 4060/89/EEC (including
   its modification by 3356/91/EEC) and 3912/92/EEC related to the elimination of certain
   types of controls performed at frontiers in road and inland waterway transport.

As of accession:
 secure conditions for the implementation of First Council Directive 62/2005/EEC,
   Council Regulations 881/92/EEC, 684/92/EEC, 12/98/EC, 56/83/EEC, and 3118/93/EC
   (modified by Council Regulation 3315/94/EC), and Commission Regulations 2121/98/EC
   and 792/94/EC (application of Council Regulation 3118/93/EC), which are related to
   access to the market86,
 fully implement Council Directive 96/26/EC, including its last modification by 98/76/EC,
   which regulates access to the profession, mainly in the area of the verification of good
86
  Co-operation with the European Commission will be necessary in the area of defining the instruments which
will facilitate the process of harmonisation and subsequent implementation. The proposed International Road
Union (IRU) strategy, especially the step-by-step process of expansion by increasing the special quota of
Community permits (similar to the CEMT quota) also seems to be an option in the pre-accession period,
depending on the degree of harmonisation with the acquis.


                                                    193
National Programme for the Adoption of the Acquis                               Transport Policy


  repute through amendments to Road Transport Act No. 168/1996 Coll. as amended, Act
  No. 95/2000 Coll. on Labour Inspection and on Amendment to Certain Laws, Act No.
  372/1990 Coll. on Offences as amended and the act on the transport of dangerous goods
  being prepared,
 fully implement Council Directive 91/439/EEC on driving licences, including its
  modifications by 94/72/EC, 96/427/EC (Commission Decision), 97/26/EC, 2000/56/EC
  (Commission Directive) and Commission Decision 2000/275/EC through an amendment
  to Act No. 315/1996 Coll. on Roads Traffic,
 secure the implementation of the requirements related to electronic recording equipment
  (tachograph) as defined by Council Regulation 2135/98/EC
 fully implement European Parliament and Council Directive 2000/30/EC on the technical
  roadside inspection of the roadworthiness of commercial vehicles circulating in the
  Community.

Institutional framework in the area of road transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of road transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated,
 create personnel and technical conditions for other institutions participating in the
   implementation of EU legislation on the area of road transport, especially the Police Force
   and National Labour Inspectorate.

By 31.3.2003:
 create personnel and technical conditions for the State Transport Office (separate it from
   the Office of the Ministry of Transport, Posts and Telecommunications) to secure the full
   implementation of Council Directive 96/53/EC and Directives concerning type approval
   and conformity assessment of motor vehicles.

By 31.12.2003:
 create a "Central Register of Offences in Domestic and International Haulage and Bus
   Transport" with the aim of facilitating the implementation of Council Directives 95/50/EC
   on uniform procedures for checks on the transport of dangerous goods by road,
   88/599/EEC on standard control procedures for the implementation of Council
   Regulations 3820/85/EEC, 1999/62/EC on the charging of heavy goods vehicles for the
   use of certain infrastructures, 96/53/EC on the maximum dimensions of certain vehicles in
   domestic and international transport and maximum weights of certain vehicles in domestic
   and international transport, and 96/26/EC (including its modification by 98/76/EC)
   regulating access to the profession, Commission Decision 93/173/EEC, and Council
   Regulations 4060/89/EEC (including its modification 3356/91/EEC) and 3912/92/EEC
   related to the elimination of certain types of controls performed at frontiers in road and
   inland waterway transport.


Rail transport

From 1.1.2003:


                                                    194
National Programme for the Adoption of the Acquis                                            Transport Policy


 fully implement European Parliament and Council Directive 2001/13/EC amending
  Council Directive 95/18/EC on the licensing of railway undertakings, Council Directive
  2001/16/EC on the interoperability of the trans-European conventional rail system and
  Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail
  system,
 fully implement the requirements stated in Council Regulation 1192/69/EEC on common
  rules for the normalisation of the accounts of railway undertakings.

As of accession:
 fully implement Council and European Parliament Directive 2001/14/EC on the allocation
   of railway infrastructure capacity and the levying of charges for the use of railway
   infrastructure and safety certification, and European Parliament and Council Directive
   2001/12/EC amending Council Directive 91/440/EEC on the development of the
   Community's railways.

Institutional framework in the area of rail transport:

By 31.6.2003:
 complete the personnel and equipment of the rail transport regulatory authority to fully
   implement Council Directive 95/18/EC and European Parliament and Council Directives
   2001/13/EC and 2001/14/EC,
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of rail transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated.


Combined transport

As of accession87:
 fully implement Council Directive 92/106/EEC on the establishment of common rules for
   certain types of combined transport of goods between Member States.

Institutional framework in the area of combined transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications participating in the implementation of EU
   legislation on the area of combined transport in line with the plan for the sector's
   institutional reinforcement within the framework of the integration process, which has
   been elaborated and is being gradually updated,


Air transport

87
  The implementation of Council Directive 92/106/EEC requires the exemption of combined transport from the
system of quotas and permits. This liberalisation will be connected with the implementation of directives and
regulations related to access to the road transport market, where it is probable that the Slovak Republic will
follow bilateral agreements until the time of accession.


                                                    195
National Programme for the Adoption of the Acquis                                            Transport Policy




From 1.1.2002:
 fully implement Council Directive 94/56/EC on the investigation of civil aviation
   accidents and incidents (create conditions for the independent investigation of accidents),
   Council Directives 96/67/EC on access to the groundhandling market at Community
   airports, 93/13/EC on unfair terms in consumer contracts and 90/314/EEC on package
   travel, package holidays and package tours, European Parliament and Council Directive
   95/46/EC on the protection of personal data, Council Regulations 2407/92/EEC on
   licensing of air carriers, 2409/92/EEC on fares and rates for air services, 95/93/EEC on
   common rules for the allocation of slots at Community airports, 2299/89/EEC on a code
   of conduct for computer reservation systems, 295/91/EEC establishing common rules for
   a denied-boarding compensation system in scheduled air transport, and 2027/97/EC on air
   carrier liability in the event of accidents88 through Act No. 143/1998 Coll. on Civil
   Aviation (Aviation Act) and on Amendment to Certain Laws and the relevant generally
   binding implementing regulations.

From 30.6.2002:
 fully implement Council Directive 2000/79/EC concerning the European Agreement on
   the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
   Association of European Airlines (AEA), the European Transport Workers' Federation
   (ETF), the European Cockpit Association (ECA), the European Regions Airline
   Association (ERA) and the International Air Carrier Association (IACA), Council
   Regulation 3922/91/EEC on the harmonisation of technical requirements and
   administrative procedures in the field of civil aviation and 2408/92/EEC on access for
   Community air carriers to intra-Community air routes through an amendment to Act No.
   143/1998 on Civil Aviation (Aviation Act) and on Amendment to Certain Laws89.

Institutional framework in the area of air transport:

By 31.12.2001:

88
 In the case of Council Regulation 2027/97/EC, the new Montreal Convention will be followed.
89
 This amendment will also be aligned with the following:
 Council Directive 92/59/EEC on general product safety – falls under the chapter Consumer and Health
   Protection (responsible authority - Ministry of Economy); here it will be necessary to secure harmonisation
   with Act No. 310/1999 amending Act No. 634/1992 on Consumer Protection as amended and on
   Amendment to Certain Laws, since this Act has been fully aligned with the Directive,
 Council Regulations 2411/92/EEC and 1617/93/EEC (including its modification by 1523/96/EC),
   Commission Regulation 3652/93/EEC concerning certain types of agreement and practices between
   undertakings in air transport, Council Regulation 447/98/EC on the control of concentrations between
   undertakings - these fall under Competition Policy (responsible authority - Anti-Monopoly Office, which
   will have to secure alignment of Act No. 188/1994 on the Protection of Competition as amended by Act No.
   240/1998 on Agriculture and on Amendment to Certain Other Laws with these EU regulations),
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings - (responsible authority - the Anti-
   Monopoly Office in co-operation with the Ministry of Finance, which will have to secure the alignment of
   State Aid Act No. 231/1999 with this Directive).
 Council Regulation 3976/87/EEC (including its modification by 2411/92/EEC), Commission Regulation
   1617/93/EEC (including its modifications by 1523/96/EC, 1083/99/EC), Commission Regulation
   3652/93/EEC concerning certain types of agreement and practices between undertakings in air transport, and
   Council Regulation 447/98/EC on the control of concentrations between undertakings,
 Commission Directive 80/723/EEC (including its modification by 85/413/EEC) on the transparency of
   financial relations between Member States and public undertakings.


                                                    196
National Programme for the Adoption of the Acquis                               Transport Policy


 create personnel and technical conditions for the Civil Aviation Authority to ensure the
  independent investigation of accidents in line with Council Directive 94/56/EEC,
  corresponding state expert oversight in line with Council Directive 93/65/EEC and the
  implementation of JAA regulations (JAR) in accordance with Council Regulation
  3922/91/EEC.

By 30.6.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of air transport in line with the plan for the
   sector's institutional reinforcement within the framework of the integration process, which
   has been elaborated and is being gradually updated.


Inland waterway transport

From 1.1.2003:
 fully implement Council Directives 76/135/EEC on reciprocal recognition of navigability
   licences, 96/75/EC on the systems of chartering and pricing, 96/50/EC on the
   harmonisation of the conditions for obtaining national boatmasters’ certificates,
   82/714/EEC laying down technical requirements for inland waterway vessels, and
   91/672/EEC on the reciprocal recognition of national boatmasters’ certificates, and
   Council Regulation 718/1999/EC on a Community fleet capacity policy to promote inland
   waterway transport (including measures laid down by Commission Regulations
   805/1999/EEC and 1532/2000/EC).

As of accession:
 create conditions for the implementation of Council Regulations 2919/85/EEC laying
   down the conditions for access to navigation of the Rhine, 1356/96/EC on common rules
   applicable to the transport of goods or passengers, and 3921/91/EEC laying down the
   conditions under which non-resident carriers may transport goods or passengers by inland
   waterway within a Member State.

Institutional framework in the area of inland waterway transport:

By 31.12.2002:
 create technical and personnel conditions for the State Navigation Administration so that
   it can ensure the corresponding state expert oversight as defined in Council Directives
   76/135/EEC, 96/50/EC and 91/672/EEC, and fulfil functions arising from Council
   Regulation 718/1999/EC on a Community fleet capacity policy to promote inland
   waterway transport (including measures laid down by Commission Regulation
   805/1999/EEC)
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of inland waterway transport in line with the
   plan for the sector's institutional reinforcement within the framework of the integration
   process, which has been elaborated and is being gradually updated.


Maritime transport


                                                    197
National Programme for the Adoption of the Acquis                                Transport Policy




From 1.8.2001:
 fully implement Council Directive 96/98/EC on marine equipment through an ordinance
   of the Government of the Slovak Republic on vessel equipment implementing Act No.
   264/1999 Coll. 1999 on Technical Requirements for Products and Conformity
   Assessment. Slovenský Lloyd s.r.o., an independent organisation, will become the
   notified body. The relevant audits will be carried out by the Office of Standardisation,
   Metrology and Testing.

From 1.1.2003:
 create conditions for the implementation of Council Regulation 613/91/EEC on the
   transfer of ships from one register to another.

Institutional framework in the area of maritime transport:

By 31.12.2002:
 create personnel and technical conditions for the relevant units of the Ministry of
   Transport, Posts and Telecommunications of the Slovak Republic participating in the
   implementation of EU legislation on the area of maritime transport in line with the plan
   for the sector's institutional reinforcement within the framework of the integration process,
   which has been elaborated and is being gradually updated.




                                                    198
National Programme for the Adoption of the Acquis 2001                                                                Transport Policy


Administrative and financial requirements

INSTITUTION             COMPETENCES                                   200190             200291              2003               2004
                                                                number of expendit number of expendit number of expendit number of expendit
                                                                employees ure      employees ure      employees ure      employees ure
                                                                          ('000 of           ('000 of           ('000 of           ('000 of
                                                                          SKK)               SKK)               SKK)               SKK)



Co-ordination and horizontal units
 European                                                      5            2679.3   2           1403.7   0    119        0             69
   Integration and
   Foreign
   Relations
   Division of the
   MTPT -
   European
   integration
   section + head
   of the section
 European                                                      1            526.6    0           28.4     0    18         0             18
   Integration and
   Foreign
   Relations
   Division of the
   MTPT -
   international co-
   operation

90
     The data for 2001 represent absolute figures for the planned number of employees and expenditure.
91
     Data for 2002-2004 represent changes, always as a comparison with the preceding year.

                                                                       199
National Programme for the Adoption of the Acquis 2001                                                         Transport Policy


INSTITUTION             COMPETENCES                            200190             200291              2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



    section
   Strategy and                                         6           2642     0       158      0         368        0             138
    Development
    Section of the
    MTPT
   Legislation and                                      4           1311.2   2       1016.8   0         176        0             188
    Law Division of
    the MTPT
   Inspection and                                       1           600      2       836      0         241        0             48
    Complaints
    Section of the
    MTPT

INSTITUTION             COMPETENCES                             2001               2002               2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



   Budget and                                           1           1144     1       856      0         229        0             280
    Internal
    Economics


                                                               200
National Programme for the Adoption of the Acquis 2001                                                          Transport Policy


INSTITUTION             COMPETENCES                             2001               2002               2003               2004
                                                         number of expendit number of expendit number of expendit number of expendit
                                                         employees ure      employees ure      employees ure      employees ure
                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                   SKK)               SKK)               SKK)               SKK)



   Division of the
   MTPT – budget
   and financing
   section (sectoral
   statistics)
Development of infrastructure and Trans-European Transport Networks (TEN)
 European                                                  3       933.8   2         1041.2   0         - 26        0             99
   Integration and
   Foreign
   Relations
   Division of the
   MTPT - a
   separate foreign
   assistance
   department
 MTPT – Road        - specifies the methodology and        2       1117    1         406      0         77          0             121
   Infrastructure        form of maintenance of national
   Division              accounts in transport and monitors
                         the accounting system for
                         infrastructure expenditure
                     - implementation of Council
                         Regulation 1267/1999/EC
 State Road         secures the collection of user charges 0       0       1         406      0         - 22        0             41
   Management        as defined in EP and Council Directive


                                                               201
National Programme for the Adoption of the Acquis 2001                                                                                          Transport Policy


INSTITUTION              COMPETENCES                                           2001               2002               2003               2004
                                                                        number of expendit number of expendit number of expendit number of expendit
                                                                        employees ure      employees ure      employees ure      employees ure
                                                                                  ('000 of           ('000 of           ('000 of           ('000 of
                                                                                  SKK)               SKK)               SKK)               SKK)



     Fund92              1999/62/EC

    Slovak Road         implementation of Council Regulation 5                       1630       2             582         0             65          0             120
     Administration      1267/1999/EC
    ŽSR                 implementation of Council Regulation 0                       0          5             1800        0             -132        0             92
                         1267/1999/EC
Road transport
 MTPT – Road            -   issues transport licences for regular 7                  2993       5             2361        0             839         0             115
   Transport                 bus transport and international bus
   Division                  lines
                         -   hands out authorisations for
                             occasional bus transport and road
                             haulage not addressed to specific
                             domestic carriers
                         -   methodically directs transport and
                             road management departments at
                             district and regional state
                             administration offices
                         -   oversees how regional and district
                             state administration offices apply
                             Act No. 135/1961 Coll. on Land

92
 Through Resolution No. 166/2001, the financing of the Fund was integrated into the MTPT budget chapter; the staff will be included under the MTPT and the Slovak Road
Administration. The reform is yet to be completed.


                                                                                202
National Programme for the Adoption of the Acquis 2001                                                                  Transport Policy


INSTITUTION             COMPETENCES                                       2001               2002               2003               2004
                                                                   number of expendit number of expendit number of expendit number of expendit
                                                                   employees ure      employees ure      employees ure      employees ure
                                                                             ('000 of           ('000 of           ('000 of           ('000 of
                                                                             SKK)               SKK)               SKK)               SKK)



                            Communications and generally
                            binding legal regulations issued for
                            the implementation thereof
                        -   authorises natural persons to carry
                            out examination of instructor
                            licence applicants and keeps a
                            register on them
                        -   issues thematic plans for the
                            further training of drivers and
                            driving instructors and issues tests
                            to discover the professional
                            competence of instructor licence
                            applicants
                        -   specifies the conditions for the
                            technical fitness of vehicles,
                        -   grants authorisation for the
                            performance of tests for the
                            approval of technical fitness of
                            types of vehicles, their
                            components, equipment or
                            accessories, to natural and legal
                            persons,
                        -   awards the conformity verification
                            mark (homologisation mark) of


                                                                         203
National Programme for the Adoption of the Acquis 2001                                                                          Transport Policy


INSTITUTION             COMPETENCES                                             2001               2002               2003               2004
                                                                         number of expendit number of expendit number of expendit number of expendit
                                                                         employees ure      employees ure      employees ure      employees ure
                                                                                   ('000 of           ('000 of           ('000 of           ('000 of
                                                                                   SKK)               SKK)               SKK)               SKK)



                            types of vehicles, their
                            components, equipment and
                            accessories,
                        - orders the mass exchange of
                            roadworthiness licences and
                            vehicle's registration certificates,
                        - specifies the network of road
                            worthiness testing stations.
   traffic police      annually issues the "Statistical Review -                    -      -         -        -         -           -             -
    department of       of Road Traffic Accidents"
    the Police Force
    Presidium
   National Labour     Performs certain inland controls as defined by   13          3340   5         2533     6         3108        6             3271
                        Council Regulations 4060/89/EEC (including
    Inspectorate and
                        its modification by 3356/91/EEC) and
    8 labour            3912/92/EEC.
    inspectorates
   Office of           Authorises entities to inspect                   -           -      -         -        -         -           -             -
    Standardisation,    tachographs (recording equipment)
    Metrology and
    Testing
   Slovak Road         performs controls defined in Council             -           -      -         -        -         -           -             -
    Administration      Regulation 96/53/EC (weighing of
                        vehicles)
   Ministry of         examination of physical fitness                  0           0      2         1099     -         -           -             -


                                                                               204
National Programme for the Adoption of the Acquis 2001                                                                    Transport Policy


INSTITUTION             COMPETENCES                                      2001               2002               2003               2004
                                                                  number of expendit number of expendit number of expendit number of expendit
                                                                  employees ure      employees ure      employees ure      employees ure
                                                                            ('000 of           ('000 of           ('000 of           ('000 of
                                                                            SKK)               SKK)               SKK)               SKK)



    Health
   roadworthiness      checks on the tread depth of tyres        -           -      -         -        -         -            -             -
    testing stations
   Minister of         issues permits to undertakers for the     -           -      -         -        -         -            -             -
    Labour, Social      provision of advice, education and
    Affairs and         training in the field of the observance
    Family              of work safety and health regulations
                        on the basis of Labour Inspection Act
                        No. 95/2000 Coll.
   SLOVDEKRA           verifies basic or advanced training of    -           -      -         -        -         -            -             -
                        testing technicians
  Ministry of          Collection of road taxes                  -           -      -         -        -         -            -             -
   Finance - Tax
   Offices
Rail transport
 Rail Transport                                                  6           2780   7         3116     0         - 127        0             232
   Division of the
   MTPT
 State Rail Office -       performs state expert and technical 25            5925   15        14855    0         2063         0             1093
                            oversight and plays the role of a
                            special construction authority
                        -   issues transport licences to
                            operators on the basis of their
                            professional competence and


                                                                        205
National Programme for the Adoption of the Acquis 2001                                                                   Transport Policy


INSTITUTION             COMPETENCES                                      2001               2002               2003               2004
                                                                  number of expendit number of expendit number of expendit number of expendit
                                                                  employees ure      employees ure      employees ure      employees ure
                                                                            ('000 of           ('000 of           ('000 of           ('000 of
                                                                            SKK)               SKK)               SKK)               SKK)



                            physical and mental fitness
Combined transport
 MTPT             -      co-operates with road, rail and 2                   998      1       411      0         19          0             119
                          water transport units in:
                        = the issuance of trading licences
                        = education and training of staff
                        = methodical direction
                        =   performance of expert and technical
                            oversight.
Air transport
 MTPT                  The area of access to the market       3              1263.2   4       2021.8   0         -77         0             177
 Civil Aviation        - performs regulatory activities in    61             29824    10      47102    0         1821        0             1882
    Authority              line with the above EU regulations
                           and operates as a special
                           construction authority for civil
                           aviation
                        - oversees the observance of the use
                           of compatible technical
                           specifications in the procurement
                           of air traffic management
                           equipment and systems and
                           performs activities related to the
                           qualified state expert oversight of
                           civil aviation


                                                                        206
National Programme for the Adoption of the Acquis 2001                                                          Transport Policy


INSTITUTION             COMPETENCES                              2001               2002               2003               2004
                                                          number of expendit number of expendit number of expendit number of expendit
                                                          employees ure      employees ure      employees ure      employees ure
                                                                    ('000 of           ('000 of           ('000 of           ('000 of
                                                                    SKK)               SKK)               SKK)               SKK)



Inland waterway transport
 State Navigation - performs state administration and 81             22700    4       42200    0         -3800      0             1017
    Administration     state expert oversight of matters
                       related to inland waterway
                       navigation
                    - maintains the Central Register of
                       Vessels
                    - issues professional competence
                       certificates to members of crews of
                       vessels and sailing objects,
                       professional competence
                       certificates for small vessel pilots
                       and service books for the members
                       of crews of vessels and sailing
                       objects
                    - carries out the classification of
                       recreational (small) boats
                    - issues vessel certificates
                       (navigability licences)
 MTPT              - issues transport licences to          1         1562.4   4       1724.6   0         580        0             133
                       operators on the basis of proof of
                       professional competence, good
                       financial standing and good repute
                    - grants and withdraws permits for


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National Programme for the Adoption of the Acquis 2001                                                                     Transport Policy


INSTITUTION             COMPETENCES                                        2001               2002               2003               2004
                                                                    number of expendit number of expendit number of expendit number of expendit
                                                                    employees ure      employees ure      employees ure      employees ure
                                                                              ('000 of           ('000 of           ('000 of           ('000 of
                                                                              SKK)               SKK)               SKK)               SKK)



                            the participation of foreign carriers
                            in domestic water transport.
Maritime transport
 Maritime Office performs state oversight of the                   included
                   navigation fitness of marine vessels             in the
                   and recreational vessels                         section
                                                                    'inland
                                                                    waterway
                                                                    transport -
                                                                    MTPT'
                        TOTAL:                                      227         83969.5 75       125957. 6          5539        6             9253
                                                                                                 5




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National Programme for the Adoption of the Acquis 2001                                 Taxation

Finance from pre-accession funds

ISPA

The application for an ISPA grant for the project "Modernisation of the Bratislava Rača –
Šenkvice Railroad" was submitted to European Commission authorities in April 2000. On 20
July 2000, the European Union's ISPA Committee approved a grant of EUR 38.6 million for
this project. The National Co-ordinator signed the Financing Memorandum on 23 January.
Subsequently, the National Plenipotentiary (State Secretary of the Ministry of Finance)
appointed the sectoral plenipotentiary from ŽSR. The announcement of a tender is being
prepared at present.

PHARE

Within the framework of the FM for LSIF PHARE 1999, technical assistance projects related
to preparation for ISPA involving approx. 2.4 MEURO were approved.

The following projects were completed in 2000 within the framework of Phare Multicountry:

 Vyšné Nemecké bypass,
 modernisation of the Čadca – Skalité railroad in 2000,

involving 2.6 MEUR.

Within the framework of Phare CBC 2000, tenders are being prepared for road projects
(reconstruction of roads at border crossings with Poland) - Palota-Radoščina and Horný Čirž-
Lelochów. The following projects have been proposed for 2001:

   Plešivec – Hungarian state border road,
   Podbieľ bypass on the R3 high speed road.

Within the framework of Phare 2001, the twinning project Rail Sector Alignment, involving
approx. 2 MEUR is undergoing the approval process.

Chapter 10: Taxation

The Government of the SR adopted its negotiating position in the chapter Taxation on 31
October 2000 in its resolution No. 900/2000. In the follow-up the position paper was
submitted to the European Commission and negotiations in this chapter with the European
Union should be opened in the first half of 2001. For chapter 10, Taxation the Slovak
Republic requests four transitional periods:

   5 year transitional period for maintaining the application of reduced VAT rate for heat,
    electric energy and gas and for the supply of constructions and construction works,
   5 year transitional period for maintaining the amount of turnover to be exempted from the
    VAT registration of EUR 40,000 per year,
   5 year transitional period to align the tax rate on cigarettes, i.e. to achieve the minimum
    rate on cigarettes with excise duty being 57% of the selling price (retail price) which is
    based on the most selling price category of cigarettes in the SR,



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National Programme for the Adoption of the Acquis 2001                                 Taxation

   5 year transitional period for a special regulation of taxation with excise duty for home
    made distillation products (i.e. to achieve the rate of 10 hl a./year upon amending the law
    on the production and consumption of ethyl alcohol and the law on excise duty by
    progressively reducing the limits for categorising a distillery for home made distillation
    products.

Approximation of legislation

Indirect taxation

The harmonisation of Act No. 289/1995 Coll. on the Value Added Tax as subsequently
amended with the EU legislation has significantly progressed. This law contains the
fundamental rules of the Sixth Council Directive No. 77/388/EEC.

Direct taxation

Necessary steps in terms of harmonising the Council Directives 90/434/EEC, No.
90/435/EEC, No. 90/436/EEC, No. 69/335/EEC and No. 77/799/EEC are being taken in the
area of direct taxation. The basic legal standard in this area is the Act No. 366/1999 Coll. on
Income Tax as subsequently amended. The Act on Income Tax is partially compatible with
the secondary legislation of the EU.

Tax administration

Tax administration is regulated by Act No. 511/1992 Coll. on the Administration of
Taxes and Fees and on the Changes in the system of territorial financial authorities as
subsequently amended. In the area of co-operation it is partially harmonised with EU
legislation. As for administrative assistance in enforcing tax claims it is not harmonised with
EU legislation. In the area of tax administration it is necessary to complete the tax
information system, strengthen inspection systems, create legislation for the area of
administrative support in enforcing tax claims and for the area of information exchange.
The area of tax administration is covered by Council Directive No. 77/799/EEC and Council
Directive No. 76/308/EEC.

Existing administrative structures

   Ministry of Finance,
   Central tax directorate of the SR and its units – regional level,
   Customs directorate,
   tax offices,
   customs offices.

The Act on Tax Authorities was adopted and took effect as of 1 May 2001. The Act on Tax
Authorities is partially compatible with the acquis and the issue it covers concerns Council
Directive No. 77/799/EEC concerning mutual assistance by the competent authorities of the
Member States in the field of direct taxation, Council Regulation No. 92/218/EEC on
administrative co-operation in the area of indirect taxation (VAT), Council Directive
76/308/EEC on mutual assistance for the recovery of claims resulting from operations
forming part of the system of financing the European Agricultural Guidance and Guarantee
Fund, and of the agricultural levies and customs duties and Directive No. 95/46/EC of the




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National Programme for the Adoption of the Acquis 2001                                               Taxation

European Parliament and of the Council on the protection of individuals with regard to the
processing of personal data and on the free movement of such data. Full compatibility with
the legal standards of the EU shall be achieved upon Slovakia´s accession to the EU.

The Act on Tax Authorities regulates the status and organisation of tax authorities in matters
relating to taxes, including penalty, interests, tax increases and money penalties according to
tax legislation, fees according to special regulations (court fees and administrative fees),
which are revenues of the state budget to the extent of special legislation and the state
oversight over the operations of lotteries and similar games. The number of tax offices is
being reduced, however in order to carry out the activities of tax offices the tax directorate can
establish workplaces of tax offices. Thus more efficient management units will be established
which shall be without prejudice to the relation between the tax office and the taxable entity.

Short-term priorities

      adopt Act on Excise Duty on Mineral Oils

The Act on Excise Duty on Mineral Oils shall harmonise the legislation of the Slovak
Republic with the acquis in the area of inspection of manufacturing, holding, warehousing and
transport of items subject to excise duty. The law shall regulate the area of introducing tax
warehouses, the regimes of suspending tax with financial guarantee, registered traders
and authorised users of items subject to excise duty, specification of the structure of the
taxable transaction and tax rate.

       Date: 1 January 200293

      adopt amendment to the Act No. 366/1999 Coll. on Income Tax

       Date: 1 January 2002

      adopt amendment to the Act No. 289/1995 Coll. on Value Added Tax

       The draft law includes:
       - specification of the place of taxable transaction according to the head office of the
          customer for a selected group of services, that are provided to foreign business
          entities,
       - introduction of a mechanism of tax refund for foreign natural persons when exporting
          goods of non-commercial nature,
       - introduction of a mechanism of tax refund to foreign business entities,
       - specific regulation for tax application by travel agencies.

       Date: 1 January 2002

      adopt amendment to the Act No. 309/1993 Coll. on Excise Duty on Wine


93
     The Act on Excise Duty on Mineral Oils was adopted by the National Council of the Sr on 22 May 2001




                                                      209
National Programme for the Adoption of the Acquis 2001                                   Taxation

    The amendment shall fine-tune the structure of the taxable transaction, including interim
    products, furthermore tax rates are adjusted in order to harmonise them with the minimum
    rates.

    Date: 1 June 2001

   adopt Act on International Support in the Tax Administration (prevention of tax evasion
    and fraud, meeting the recommendation of the OECD and harmonisation with the acquis)

    The draft law shall significantly contribute towards adjusting the Slovak legislation to the
    EU legislation and towards meeting the commitments resulting from Slovakia's accession
    to the OECD.

       It is proposed that the law should take effect as of 1 January 2002 while the
procedure according to this law shall apply to international treaties by which the SR is
bound. Only selected stipulations relating to procedures of international co-operation
between member states of the European Union shall take effect on the day of Slovakia's
accession to the European Union.

    Date: 1 January 2002

Medium-term priorities

   adopt amendment to Act No. 289/1995 Coll. on Value Added Tax (further harmonisation
    with the provisions of the Sixth Council Directive No. 77/388/EEC concerning the
    territory, on which the tax is applied, the definition of taxable persons, definitions of the
    place of taxable transaction and the definition of the tax base, entitlement to tax
    deductions and entitlement to tax refund, special regimes of taxation and the area of
    collector's items and antiques, taxable supplies and entitlement to tax deduction according
    to Article 17 to 20 of the Sixth Directive)

    Date: 1 January 2003

   adopt amendment to Act No. 310/1993 Coll. on Excise Duty on Beer

    The amendment shall regulate the following changes in the harmonisation process:
    - introducing a system of tax warehouses within the general system of applying excise
        duty,
    - introducing single tax rate for the original degree of beer (Plato).

Date: 1 January 2003

   adopt amendment to Act No. 309/1993 Coll. on Excise Duty on Wine

    The amendment to the Act will regulate the following changes in the harmonisation
    process:
     - introducing a system of tax warehouses within the general system of applying excise
        duty.




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National Programme for the Adoption of the Acquis 2001                               Taxation

Date: 1 January 2003

   adopt amendment to Act No. 229/1995 Coll. on Excise Duty on Ethyl Alcohol

    The amendment to the act shall regulate the following changes in the harmonisation
    process:
     - taxing of intermediate products will be regulated in the Act on excise duty on wine
        (see above),
     - introducing a system of tax warehouses within the general system of applying the
        excise duty.

Date: 1 January 2003

   adopt amendment to Act No. 312/1993 Coll. on Excise Duty on Tobacco and Tobacco
    Products

    The amendment to the Act shall regulate the following changes in the harmonisation
    process:
    - specifying the structure of the taxable transactions,
    - introducing combined rate of tax for cigarettes.

Date: 1 January 2003

   adopt amendment to Act No. 289/1995 Coll. on Value Added Tax

    It will be a further harmonisation with the provisions of the Sixth Council Directive No.
    77/388/EEC concerning the taxation of collector's items and antiques and concerning
    investment gold.

    Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act No. 310/1993 Coll. on Excise Duty on Beer

    The amendment to the Act shall regulate the following changes in the harmonisation
    process:
    - introducing a minimum tax rate,
    - full introduction of a general system of applying excise duty.

Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act No. 309/1993 Coll. on Excise Duty on Wine

    The amendment to the Act shall regulate the following changes in the harmonisation
    process:
     - full introduction of a general system of applying excise duty

Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act No. 229/1995 Coll. on Excise Duty on Ethyl Alcohol




                                                   211
National Programme for the Adoption of the Acquis 2001                               Taxation

    The amendment to the Act shall regulate the following changes in the harmonisation
    process:
     - full introduction of a general system of applying excise duty

Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act No. 312/1993 Coll. on Excise Duty on Tobacco and Tobacco
    Products

    The amendment to the Act shall regulate the following changes in the harmonisation
    process:
     - introduction of the system of tax warehouses within the general system of applying
        excise duty
     - full introduction of a general system of applying excise duty (with the exception of
        minimum tax rate , for which a transition period is requested in the negotiating
        position)

Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act No. 366/1999 Coll. on Income Tax (achieving full harmonisation
    of direct taxation in the Slovak Republic with the acquis)

    Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to Act on Tax Authorities (achieving full harmonisation with the
    acquis)

    Date: 1 January 2004 (upon accession of the SR to the EU)

   adopt amendment to the Act on Excise Duty on Mineral Oils

        This amendment will ensure full compatibility of the law with the secondary
legislation of the EU. The act will transpose provisions of Articles 7 to 10 of the Directive
No. 92/12/EEC, which regulate mail order business and the movement of goods subject
to excise duty in relation to private (non-business) entities, the simplified form of
accompanying document (that shall be used until the accession to the EU) shall be
replaced by a uniform accompanying document, which is stipulated by Commission
Regulation No. 2719/92/EEC as amended by Regulation No. 2225/93, which allows the
control of movement of untaxed mineral oil within the entire EU and the tax rate on
mineral oils will be adjusted to the level of minimum tax rates set in the Directive No.
92/82/EEC.

    Date: 1 January 2004 (upon accession of the SR to the EU)

    ADMINISTRATIVE NEEDS

Administrative co-operation and mutual assistance between Member States

The exchange of information in the area of income tax is fully operational except for the
automatic exchange of information. The expansion and completion of this type of information




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National Programme for the Adoption of the Acquis 2001                                             Taxation

exchange will require some amendments in the currently applicable legislation. It will be
necessary to fully harmonise the legislation with the Directive No. 77/799/EEC and the
Directive No. 76/308/EEC. The amendment to the concerned legislation shall be implemented
by 31 December 2003. At the same time technical preconditions for automatic information
exchange shall be created. The completion of the tax information system and its link with the
customs information system and other information systems of the public administration are
expected to be achieved by the end of 2003.

V I E S – Automatic exchange of information on value added tax
The implementation of stipulations of the Council Regulation 92/218/EEC requires legislative
amendments in order to allow the exchange of information relating also to indirect taxes.

In order to achieve full acceptance of the Council Regulation it will be necessary to establish
a tax information system compatible with the requirements of Article 4 item 2 of the Council
Regulation 92/218/EEC. At the same time it will be necessary to establish a so-called central
register of taxable entities.

Reform of tax administration94

The strategic objective of the tax administration reform is to transform the existing tax
administration of the SR into a modern tax administration, ensuring a more efficient tax
collection, enhancing the tax claims recovery, observing the conditions of fairness,
encouraging with its procedures voluntary tax payment by taxable entities and at the same
time creating conditions for an efficient system of human resources management and thus
ensuring increased revenues for the state budget. Another objective of the tax reform is to
modernise the procedures of the tax administration that shall be in harmony with EU criteria,
recommended standards and able to operate within the EU single market. In order to achieve
this objective it will be necessary first to change the status of tax administration of the SR i.e.
to ensure adequate autonomy and at the same time establish a functional management model
and thus create conditions for meeting all objectives by the year 2003.

The tax administration reform is a large project concerning all activities of tax administration
and at the same time assuming an expansion of scope in the area of detecting tax evasion and
investigation of tax fraud, but also corruption among the employees of tax administration. The
reform shall result in an increase in voluntary payment of taxes by taxable entities and thus an
increase in the collection of revenues and at the same time adaptation of the tax administration
of the SR to the conditions of the EU, i.e. preparation for SR's accession to the EU. It is thus
necessary to divide the tax administration reform into several areas, and time stages with a
view to establish priorities. In view of the above the reform project has been divided into the
following parts:

1.      Adequate autonomy of the tax administration

        The Act on Tax Authorities, amending the Act No. 440/2000 Coll. on the bodies of
        financial control, which entered into force on 1 May 2001, regulates the status,
        organisation and scope of the tax authorities in tax matters, including money penalties
        penalty, interests, tax increases and money penalties according to material tax
        legislation and the Act of the Slovak National Council No. 511/1992 Coll. on the

94
  This part was written on the basis of the document „Tax administration reform“, drafted by the Central Tax
Directorate of the SR in Banská Bystrica and submitted by the Minister of Finance.




                                                    213
National Programme for the Adoption of the Acquis 2001                                   Taxation

        Administration of Taxes and Fees and on the Changes in the System of Territorial
        Financial Bodies as subsequently amended. The competencies of the tax
        administration are stipulated in § 3 and 4 of the above act.

2.      Functional model of tax administration management

        The goal is to create a head office of tax administration focused mainly on the drafting
        of strategies, planning of tax administration activities, analytical activity,
        methodological and conceptual activity. In the following the unit of the head office of
        tax administration shall be responsible for the management of tax offices in the area
        (region) while it shall decide on corrective measures against their decisions. The
        implementation of this task will require a decision on the further development of the
        management model and at the same time it assumes a reduction in the number of tax
        offices.

3.      Encouraging voluntary payment of taxes

        In this area it will be necessary to ensure information provided to taxable entities and
        apart from that also the expansion of ways to provide information, i.e. through
        telephone and other media, e.g. the Internet, moreover expanding and enhancing the
        publication of brochures, training for taxable entities and other forms of providing
        services to taxable entities. In order to facilitate the fulfilment of obligations it is
        necessary to create the possibility to submit tax returns in electronic form and in the
        form of pre-printed tax returns according to a sample stipulated by a measure of the
        Ministry of Finance.

4.      Enforcement of tax arrears

        The enhancement of tax collections and recovery of tax arrears has to be addressed at
        two levels:

        Change the strategy of enforcement in tax administration as follows:
        - draft and implement a strategy of enforcing tax arrears, including the processing
           and implementing of procedures for the enforcement of the latter,
        - increase the number of staff in the enforcement bodies, in order to have a higher
           percentage of employees of tax administration dealing with this activity, 8-10%
           according to plan.

        Carry out changes in tax legislation and other relating standards to support the increase
        of efficiency in enforcement and to support the prevention of tax arrears.

5.      Tax control

        Enhancing the efficiency of controls has to be addressed as follows:

           ensure a change in the procedures applied in tax administration for tax control and
            change the orientation of controls from quantity to quality as follows:
            - draft and implement an overall strategy of tax control based on a profound
               legal and administrative foundation with defined competencies, rights and
               obligations of the taxpayer and tax administration,




                                                   214
National Programme for the Adoption of the Acquis 2001                                    Taxation

            -   create a set of key parameters to assess the risks and selectivity on the basis of
                developed techniques for the selection of entities for control.

           acquire information on tax entities and their revenues form other sources.
            Information gathered in this way shall be processed and automatically used for the
            control of declared income of the taxpayers.

6.      Establishment of a body for the detection and investigation of tax crime in the
        structure of tax administration

        In order to address the issue in a systemic way it is necessary and justified to establish
        a department for detection and investigation of tax crime within the structure of tax
        administration, in order to detect tax evasion and investigate tax fraud.

7.      Establishment of a tax office for large taxable entities

        The main reason for the establishment of a tax office for large companies is to enhance
        the attention of the tax administration of the SR on entities, the tax of which
        constitutes a significant part of tax revenues for the state budget of the SR.

        The current inappropriate burden on tax offices in the area of administration, control
        and enforcement does not allow to focus on particular selected entities, thus the
        proposed measures are considered a part of the systemic approach to enhance tax
        collection, which is the main mission of the tax administration of the SR.

8.      Human Resources Management

        To meet this objective it will be necessary:

           to create a system of a comprehensive strategy for HRM, which will include:
            - strategic planning of human resources linked to regional plans,
            - system of personal planning with defining the required qualification, tasks and
                responsibilities of the employees at all levels,
            - obligatory evaluation focused on the performance of work, career development
                and training,
            - stipulating an evaluation system for working procedures, specialised jobs and
                management posts

           create a system for the motivation of employees and a system for enhancing the
            satisfaction of employees,
           draft, approve and adopt a Code of Conduct for the employees according to the law
            on civil service, outlining the principles of employee behaviour, their obligations,
            guarantees of the employer, concerning the working environment, police
            protection and legal assistance, disciplinary procedures and sanctions for violating
            the principles of the Code of Conduct.

9.      Employee training

        To meet the conditions for employee training in tax administration it will be necessary
        to:



                                                   215
National Programme for the Adoption of the Acquis 2001                                   Taxation


           draft and implement a strategy of employee training,
           draft a programme of training based on an agreed system of comprehensive and
            management analyses of the training needs of the organisation,
           ensure tax administration employee training in relation to their working post, using
            the programmes FISCALIS:
                    - basic general training for all newly-hired employees,
                    - follow-up training according to specific working requirements,
                    - special training for managers and other employees,
                    - language training.

10.     Administrative co-operation and mutual assistance with the authorities of EU
        Member States

        Upon the integration of the SR with the EU, the tax administration will be obliged to
        ensure the application of EU regulations. In order to achieve the above it will be
        necessary to:

           ensure a link between the systems used in the EU, thus adjust the structure of the
            central register of taxable entities, guaranteeing the required communication and
            provision of data on persons subject to tax in harmony with the respective EU
            directives,
           ensure automatic information exchange on VAT - VIES - in order to apply the
            required EU regulations also possible links with other systems applied in the EU,
           introduce simple procedures for a targeted automatic information exchange
            according to OECD standards,
           ensure protection of data on the business community and at the same time develop
            a complete set of tools available to the tax administration to prevent specific risks
            of tax evasion.

11.     Information technologies

        These goals require mainly:

           to draft and approve a Concept for the development of the tax information system
            as a part of the concept of developing a sectoral information system of the Ministry
            of Finance,
           to ensure the implementation of individual projects listed in the Concept for the
            development of the tax information system,
           to create such database that will allow immediate provision of up-to-date
            information for the strategic decision making of the tax administration
            management,
           to create a comprehensive system of safety and protection of the information
            system, including the plans for the protection, renewal and solution of
            extraordinary situations or accidents,
           to introduce new progressive information and communication technologies,
            allowing a higher level of developing and operating an information system.




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National Programme for the Adoption of the Acquis 2001                                      Taxation

12.     Tasks within the preparation of the SR for accession to the EU in the area of tax
        administration

        Processing fiscal blueprints

      Upon accepting the set of blueprints the Central Tax Directorate of the SR accepted the
         commitment to reform and modernise the tax administration in the SR in order to
         meet the requirements of the EU set for a modern tax administration, to be able upon
         accession to the EU to fully perform the tasks of a tax administration in the single
         market. Based on the requirements and recommendations the Central Tax Directorate
         of the SR drafted the Plan of change in management, which also served as a basis for
         the drafting of the document "Reform of Tax Administration in the SR".

        Establishing a department of pre-accession strategy

        In order to be able to perform the tasks resulting from three Plan of Change in
        management and the modernisation of the tax administration within the preparation for
        EU accession, it will be necessary to establish a pre-accession strategy department as
        soon as possible, to co-ordinate and guide the activity of the respective departments of
        CTD SR in the area concerning the analysis, solving, processing, drafting and applying
        specific tasks, that will result from the pre-accession strategy in the area of tax
        administration. Therefore it will be necessary to hire some 20 new employees for the
        respective departments of the CTD SR, to perform this activity.

13.     Legislative support of the reform

       The objectives of the tax administration of the SR in terms of tax administration reform
       are demanding. Most of them will be implemented by the CTD SR within their own
       competence, some will require the support from the Ministry of Finance (e.g. funding)
       but some are subject to adopting the corresponding legal standards. The following steps
       will be necessary:

       Creating the possibility to submit simplified tax returns.

       1. Provide the possibility to submit tax returns in paper and electronic form. Upon
          adopting the law on electronic signature and the related laws, the taxable entities
          shall have the possibility to submit tax returns in electronic form and with electronic
          signature.
       2. In order to enhance the efficiency of enforcement of tax arrears and the prevention
          of tax arrears it will be necessary to make changes in legislation concerning taxes
          and related matters, that would ensure the protection of the interests of the state in
          collecting claims and that would regulate the conditions in the business environment
          by eliminating the possibility of tax evasion.
       3. Stipulate obligations of the business entities regarding the automatic reporting
          of information on implemented transactions and cash payments above a set
          limit.
       4. Introduce the use of unified identification of tax entities, stipulating the obligation to
          use a unified identification number in the registers of state administration and in
          business relations.




                                                   217
National Programme for the Adoption of the Acquis 2001                                Taxation

    FUNDING NEEDS

Summary of estimated costs for the Tax Administration Reform in SKK thousand:

                                                 I. Stage             II.Stage
Establishment of unit                                        17,037
Reduction of No. of TO                                       91,600         116,400
(constructions + TIS)
Department of tax investigation                              51,982          35,016
Training                                                     26,358          26,358
Department of pre-accession                                   4,937           5,242
strategy
Funding TIS                                                 199,800         642,000
Services for the public                                     105,400          58,696
Enforcement                                                  20,454          63,911
Total                                                       517,568         947,623

* cost for the funding of TIS (tax information system) have to be considered in a range of +/-
20%




                                                   218
National Programme for the Adoption of the Acquis 2001                                                       Energy


INSTITUTION                 COMPETENCIES                                              200195                     200296                  2003
                                                                             No. of    Expenditure     No. of     Expenditure   No. of    Expenditure   No. of
                                                                             staff     (SKK            staff      (SKK          staff     (SKK          staff
                                                                                       thousand)                  thousand)               thousand)
      Ministry of Finance -     central body of state administration        12        8,636           10         5,912         2         1,576         2
                                 responsible for tax policy of the state,
                            -    legislative activity in the area of
                                 transposing taxation acquis into the
                                 Slovak legislation.
      Tax Directorate SR   -    extending services and provision of                                                            30       9,242          0
                                 information to the public,
                            -    administrative co-operation and mutual
                                 assistance according to international                                 10         3,680
                                 agreements,
                            -    establishing a department for detecting tax
                                 evasions,
                            -    strategies for the development of tax
                                                                                                       75         29,932        50       19,516         0
                                 administration,
                            -    enhancing the function of the head office
                                 (pre-accession strategy department,
                                                                                                       17         4,608
                                 development strategy of tax
                                 administration),
                            -    providing joint funding for all extended    4         2,090           50         13,654        0        0              0
                                 competencies and increased number of
                                 staff.


                                                                                                                  616,170                19,4200
     Tax Offices           - extending services, providing information                                247        73,499        70       21,564         50
                              to the public,
                          - increase number of staff at enforcement                                50         16,464            80       25,790         77
                              departments
 Customs authorities Administration of excise duties                    163*/** 261,376*          320*       218,399*          100*     105,752*       -
                          Total:                                         179       272,102         779        982,318           332      377,640        129
Data is in SKK thousand, year 2001 is the basis and years 2002,2003 and 2004 show increase as against previous
   year
* The requirements are for the creation of special mobile units (control mobile groups), technical
   equipment and other costs. Other costs related to the transition of the administration of excise duty are
   listed in chapter 25 – CUSTOMS UNION
** as at 1 March 2001 there are three employees working in this area, however in relation to the planned
   adoption of the Act on Excise Duty on Mineral Oils and its expected date of effect being 1 June 2001 it
   is planned to hire 160 new staff in 2001

Chapter 11: Economic and Monetary Union
The acquis in the chapter Economic and monetary union can be divided into the following
areas:
1. co-ordination of economic policy,
2. fiscal policy,
3. monetary policy,
4. exchange rate policy,
5. institutional framework.




95
     Data for 2001 are absolute numbers of the planned number of staff and costs.
96
     Data for the years 2002 – 2004 show the increase or decline as compared with the previous year.

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The acquis of this chapter consists mainly of the articles of the EU Treaty and the Treaty on
the Establishment of the EC, the Statutes of the ESCB and ECB (Protocol to the Treaty on EU
and the Treaty on the Establishment of the EC) regulations (directly applicable and binding in
the eurozone), decisions, recommendations and opinions (binding for national central banks of
the member states) of the European central bank. The main request of the EU for the
accession of other candidate countries is to align the statutes (laws) of their national central
banks with the statute of the ESCB (Article 109 of the Treaty), mainly in the area of all pillars
of independence, prohibition of monetary financing of the public sector (Article 101 of the
Treaty and Council Regulation No. 3603/92) and preventing the privileged access of the
public sector to the financing institutions (Article 102 of the Treaty and the Council
Regulation No. 3604/92).

The primary condition for a country's participation in the economic and monetary union is the
adoption of necessary measures aimed at achieving compatibility with the acquis in the area
of free movement of capital.

The Government of the SR adopted the negotiating position in the chapter Economic and
monetary union on 31 October 2000 in its resolution No. 899/2000. In the follow-up the
position paper was submitted to the European Commission and the chapter was provisionally
closed on 30 March 2001. The Slovak Republic does not request any transition period in this
chapter and is prepared for implementation of the respective acquis at the reference date of the
accession of the Slovak Republic to the European Union i.e. 1 January 2004.


Harmonisation of legislation
The legislative framework in the Slovak Republic in the area of economic and monetary union
includes:

   Act No. 566/1992 Coll. on the National Bank of Slovakia as subsequently amended ,
   Act No. 21/1992 Coll. on Banks as subsequently amended ,
   Act No. 202/1995 Coll. Foreign Exchange Act as subsequently amended ,
   Act No. 303/1995 Z. z. on Budgeting Rules as subsequently amended ,
   Act on the State Budget for the respective year ( currently applicable Act No. 472/2000
    Coll. on the State Budget for the year 2001),
   Act No. 322/1992 Coll. on National Statistics as subsequently amended.



Co-ordination of economic policy

The basic framework for the co-ordination of the economic policy from the medium term
point of view is constituted in the document “Joint assessment of medium-term priorities
of the economic policy of Slovakia (Joint Assessment), which was adopted by the
Government on 23 February 2000. Its goal is to present a consistent medium term economic
policy, the existence of which is necessary to implement the transformation of the Slovak
economy into a competitive market economy and for the preparation of the Slovak Republic
for its accession to the EU. The text of this document was signed in Brussels by the Deputy
Prime Minister for Economy and Commission representatives on 29 February 2000.



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On 17 January 2001 the Government adopted the document “Specifications of the medium
term outline for economic and social development of the Slovak Republic”. The goal of
the document is to follow up on the previous conceptual documents and to specify or correct
the procedures for the next period.

In its Resolution No. 708/2000 of 13 September 2000 the Government decided that it shall
request the International Monetary Fund for one of the softer forms of co-operation, the so-
called Staff-Monitored Programme (SMP). In order to implement the SMP a Memorandum
on economic and financial policy of Slovakia was drafted in early 2001, which the
Government adopted at its meeting on 28 March 2001. This document provides precise
quantification in the area of economic structural reforms along with a timetable of
implementation that shall be monitored by the International Monetary Fund.

Fiscal policy

The fiscal parameters of the state budget for the year 2001 were based on the assumption that
the economic growth initiated in the course of 2000 will continue in 2001 to a level of 3.2%
and at the same time the annual rate of inflation will decrease to approximately 7% as a
consequence of the lesser extent of adjustments to regulated prices. An improvement in the
development was also expected in terms of the labour market. It was expected that the rate of
unemployment would decrease from 18.6% in 1999 to 16.3% according to selective surveys.


Based on the latest estimates of the macroeconomic development it can be expected that the
assumptions of the state budget for the year 2001 will materialise with the exception of the
labour market and will create a relatively good precondition to meet the main objective - keep
the public finance deficit at 3.9% of GDP.

For the area of fiscal policy the currently implemented reform of public finance management
is of great importance (Chapter 29 Finance and Budgetary Regulations) as is the reform of tax
administration (Chapter 10 Taxation).

Some measures to enhance the budgeting process and fiscal transparency have been
implemented already. In order to improve the efficiency of fiscal management the
Government will deliberate the draft state budget for the year 2002 in June 2001 and the draft
budget for public administration in September 2001. It is expected that the Parliament would
adopt adjusted rules of procedure thus these deliberations will be held in a new situation that
would prevent the submission of motions by MP's resulting in an increase of the agreed
budget deficit. For the first time the budget for the year 2001 included also a medium term
financial plan and in the course of the year 2001 a system of fiscal analyses, models and
predictions of revenues and expenses in the public sector will be accomplished. Other
measures to enhance the fiscal transparency include:
        - elimination of 10 out of 12 state (non-budget) funds by the end of the year 2001,
        - introduction of a functional classification in the state budget, which shall be
           applied to a whole range of public finance through the year 2003,
        - fiscal decentralisation in relation to the decentralisation and modernisation of the
           public administration.



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In co-operation with the IMF and Eurostat progress was achieved in enhancing the quality of
statistics of public finance. Currently work is being done to introduce quarterly statistics and
the following quarterly publication of the consolidated data on the revenues and expenditure
of public administration. Data on the management of the funds from the state budget will be
published on a monthly basis as of 2001. Within the co-operation with Eurostat a system
allowing full comparability of provided data on public finance with the EU methodology will
be established by the end of 2002 for the needs of calculating the Maastricht criteria.

Monetary policy

Act No. 149/2001 Coll. took effect as of 1 May 2001, which is an amendment to Act No.
566/1992 Coll. on the National Bank of Slovakia as subsequently amended, which ensured the
full implementation of the acquis in terms of independence of the central bank. Apart from
that this amendment introduced the prohibition of monetary financing of the public sector.

The monetary programme of the National Bank of Slovakia for the year 2000 set an interval
for the values of core inflation, while the NBS also publishes an estimate of total inflation on
the basis of information published by the Government. The actual development of consumer
prices in 2000 showed a significant decrease in the dynamism of their year-on-year growth.
The annual rate of core inflation (4.6 %), and the total inflation (8.4 %) was slightly below the
level of the floor limit of the planned interval as at the end of the year 2000. Even though
there was a temporary acceleration in the momentum of growth of consumer prices due to an
adjustment of regulated prices and indirect taxation at the beginning of the year, the year on
year dynamism of inflation decreased later in the year. A more significant slowdown than
expected of the year on year increase of consumer prices was mainly due to low effective
demand, as well as developing competitiveness in retail trade. These factors had the most
critical influence on the decreasing trend of the year-on-year dynamism of consumer prices
and significantly eliminated the cost influences due to the increase in oil prices and the
appreciated exchange rate of the US dollar. A reduction in the year-on-year inflation rate in
the year 2000 as compared with the year 1999 by almost 6 percentage points was influenced
also by the decaying effect of administrative interventions into the price development of July
1999.

                               Monetary              Specifying monetary     Actual state
                          programme for 2000             programme
Core inflation                 4.5-5.8%                   4.7-5.8%              4.6%
Total inflation                8.5-9.5%                   8.8-9.9%              8.4%

In the year 2000 the Slovak economy was influenced by governmental measures adopted in
1999. The effect of the stabilisation measures was reflected in a decrease of the current
account of BOP deficit (3.7 % in GDP), an enhanced development of public finance and a
decrease in domestic demand. The real economic growth in the year 2000 still increased
slightly to 2.2 %, which was almost identical with the expectations of the NBS. Foreign
demand was of critical influence on the performance of the Slovak economy, while there was
also a slight revival of domestic demand towards the end of the year.

Within its monetary policy the NBS began in 2000 to apply the principles of quality
management. As of 1 February 2000 the NBS began to announce overnight interest rates for
refinancing and sterilisation (withdrawal of excessive liquidity) operations. This step had a

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significant effect on the development of inter-bank rates, which stabilised within the range of
the key rates of the NBS. As of 29 May 2000 the NBS has started to announce two-week
spreads for standard REPO tenders, which constitute a maximum for sterilisation operations
and minimum for refinancing operations of NBS.

The introduction of interest rates for overnight trading and the two-week spread for standard
REPO tenders contributed to a further harmonisation with the monetary tools of the EU
member states, or EMU. With regard to the positive economic and monetary development in
2000 the NBS has on several occasions reduced the key rates. The progressive decrease was
also reflected in a decrease of primary rates on deposits and loans of commercial banks.


                  One-day rate NBS                          Two-week spread of NBS for
                                                              standard REPO tenders
                     refinancing          sterilisation
      1.2.2000        12.00 %                8.00 %
     27.3.2000        10.50 %                7.50 %
     29.5.2000        10.00 %                7.00 %                   8.50 %
     31.8.2000          9.50 %               6.50 %                   8.25 %
    27.12.2000          9.25 %               6.25 %                   8.00 %
     26.3.2001          9.00 %               6.00 %                   7.75 %

Within a progressive convergence of the tools of monetary policy with the standard tools
used in the EMU, the rate for minimum statutory reserves was reduced as of 1 July 2000
from 8% to 6.5% and to 5% as of 1 January 2001. The rate for minimum statutory reserves
for building societies remained unchanged (3.0%), as did the system of interest accounting
on minimum statutory reserves (1.5%) up to the amount of minimum statutory reserves.

Exchange rate policy

The Slovak Republic applies the managed floating regime on its exchange rate. The Slovak
Crown has used the EURO as a reference currency since 1 January 1999. In 2000 the
exchange rate of the Slovak crown to Euro floated in the range of 1 EURO = SKK 41.5-43.69.

Institutional set-up

The institutional framework for the area of economic and monetary union consists of:
1. The National Bank of Slovakia – responsible for the implementation of monetary policy,
2. the Ministry of Finance (Government) – responsible for the implementation of fiscal
   policy.

Short-term priorities

     draft a Concept of pre-accession fiscal supervision

Date: 1 June 2001

     draft a Pre-accession economic programme




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National Programme for the Adoption of the Acquis 2001                                 Energy


Date: 31 August 2001 and annually

   adopt Law on State Debt and State Guarantees (the law shall stipulate that potential
    revenues from future privatisation shall be used exclusively for the purpose of reducing
    state debt and to finance the reform of retirement pensions and apart from that the volume
    of state guarantees in the years to come shall be restricted)

    Date: 1 January 2002

   Out of the total number of 12 state funds abolish:
    - eight funds
       Date: September 2001

    -   two other funds
        Date: December 2001

   implement the monetary programme for 2001
    Date: ongoing

The National Bank of Slovakia also has the task for the year 2001 to continue in the
disinflation process. The objective of the monetary programme for 2001 is to achieve core
inflation in the range of 3.6-5.3 %, while the total year-end inflation should range between
6.7-8.2 % and the average inflation between 7.1-8.3 % with an increase of regulated prices by
approximately 17 - 17.8%. The monetary programme of the National Bank of Slovakia for the
year 2001 was based on the assumption that the fiscal deficit would not surpass 4% of GDP.
When achieving the latter, no pressure to increase inflation beyond the set framework should
emerge.

The monetary programme of the National Bank of Slovakia for the year 2001 defines also the
potential risks of inflation, which consist in the possible transfer of higher costs of the
producers into the consumer prices, mainly for foodstuffs. A hampering factor for the
development of consumer prices should be the continuing development of competitiveness
supported by the efficiency of some branches of the processing industry as a consequence of
foreign investment.

As for economic growth the National Bank of Slovakia expects a slight revival at 2.8-3.2 %,
which should be the consequence of the increased foreign demand and the renewed growth
dynamism of the domestic demand in relation to the increase of the investment demand and
consumption.

The Current account of the balance of payments, which will be significantly influenced by the
increased deficit of the balance of payments due to a slowdown of the growth dynamism of
export and higher imports (technological imports as a consequence of foreign direct
investment), should total approximately SKK 38 billion in 2001 and its share in GDP should
be 4%.

The National Bank of Slovakia expects a stable exchange rate of the Slovak crown against the
EURO while reporting a real appreciation. Potential interventions of NBS in the foreign
exchange market will focus on eliminating excessive volatility of the exchange rate.



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The National Bank of Slovakia will continue in the process of harmonising its monetary
instruments with the ESCB. The changes will concern a reduction in the minimum statutory
reserve (MSR) rate and as of 1 January 2001 the termination of providing Lombard loans and
bill of exchange trading. The current MSR rate (5 %) will be reduced each year by at least 1%
up to the level applied by the ESCB (2 %). When arriving at this rate, also the reserves will be
set by the market, however only up to the amount of MSR set by the NBS. The discount rate
shall be identical with the two-week spread of the NBS in 2002.

Medium-term priorities

     harmonise the statistics in the area of public finance with the methodological principles of
      ESA 95

XI.      Date: 31 December 2002

Administrative requirements

In relation to the annual drafting of notifications and pre-accession economic programme
within the Pre-accession procedure of fiscal supervision it is expected to ensure capacities,
which will be responsible for medium-term fiscal programming and fiscal reporting. With
regard to the fact that the Concept of drafting the Pre-accession procedure of fiscal
supervision is in the legislative process, it is not possible to provide the quantification of the
above capacities.

Later it will be necessary to ensure administrative capacity for the discussions about issues of
domestic economic policy in the EU environment, which shall be covered within the existing
structures and mainly the participation of SR representatives in the Economic and Financial
Committee (EFC) and in the Economic Policy Committee (EPC), that will require an increase
in the number of staff in the respective expert departments of the Ministry of Finance by three
in 2004 in relation to Slovakia's participation in the EU and the preparation for participation in
the Economic and Monetary Union.

Financial requirements

Chapter 11 Economic and monetary union does not require the implementation of financially
demanding tasks in the area of building administrative capacities and institutions required for
the implementation of the acquis. Tasks in the area of economic and monetary union are
covered by the respective expert departments of the Ministry of Finance and the National
Bank of Slovakia.

Ten employees of the Ministry of Finance ensure the activities related to the procedure of the
pre-accession fiscal supervision (capacities for medium-term fiscal programming and fiscal
reporting in the required definitions and formats) in 2001 which represents funding needs for
the state budget totalling SKK 4.3 million. It is expected to hire one new member of staff in
2002 and 3 new members of staff in 2004 (ensure analytical capacity for discussions on issues
of domestic economic policy in the EU environment). The funding needs from the state
budget will total SKK 5.2 million in 2002, SKK 5.8 million in 2003 and SKK 6.8 million in
2004.




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Chapter 12: Statistics


The adoption of the acquis communautaire inasmuch as it relates to statistics focuses on the
application of methodological rules of EUROSTAT summarised in the Statistical
Requirements Compendium. The Statistical Office includes such rules into its program of
statistical surveys and methodology letters for individual surveys.

The authority responsible for state statistics, provision of statistical data, harmonisation of
statistics and implementation of European standards is the Statistical Office and its eight
regional offices.

In 2000 bilateral screening meetings were held between the Slovak Republic and
EC on statistics and a position document was submitted in which the Slovak
Republic announced that it accepted the acquis under the chapter “Statistics”
and was prepared to fully implement the relevant provisions of the acquis by 1
January 2004 set as the reference date of its accession to the EU and with full
compatibility with EU standards being attained by 1 January 2003. At the
meeting between the chief negotiators held on 25 May 2000 the chapter
“Statistics” was provisionaly closed with the Slovak Republic.
Complete harmonisation with EU legislation will be attained with the enactment of a new
State Statistics Act anticipated to enter into force by 1 January 2002 at the latest. In particular,
the new law will provide for the access of state statistical authorities to confidential data, files
and registers maintained by other state administration and self-governing authorities as well as
public service institutions (administrative resources) and will enable the implementation of
“secondary” EU legislation relating to statistics in the Slovak Republic’s legislative
framework as well as lay down its mandatory character for economic and statistical entities.
At present the paragraphed wording of the new state statistics act is being finalised following
an inter-ministerial review process. In June 2001 the act is to be submitted to the Government.

EU Regulations 2186/93 and 696/93 are being gradually implemented in building and using
registers of statistical units for statistical purposes.
To attain compatibility, a census of small and medium enterprises will be necessary. A project
to carry out the census has been approved as part of the national Phare 2000 program and is
scheduled for 2001-2003. The project includes the creation, in 2002, of a local units register
and of a system to enable ongoing updates of the register as well as the harmonisation of the
statistical register and selected registers maintained by state administration authorities and
other institutions.

In the area of regional statistics, a review was undertaken of the harmonisation of monitored
indicators and methodology with EU standards. Measures were taken to expedite
harmonisation and meet the deadline of 1 January 2003. Progress was made in ensuring data
availability for EUROSTAT’s REGIO database for which 1997-1999 data were provided at
the level of NUTS 2 and NUTS 3. At present 2000 data are being prepared. As part of the
annual reporting on the production sector, surveys of basic parameters in local units were
introduced. Collection of energy consumption data by region was secured in line with EU
requirements. Methodological changes were applied to the towns and communuties database
and new presentation functions were created above the data proper.


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Regional accounts are gradually harmonised with the ESA 95 methodology and with manuals
on compiling regional accounts. Short-term 2000 priorities focusing on improving estimates
of regional GDP and gross value added as well as on the tentative compilation of gross fixed
capital formation were fulfilled. Preparation of the methodology for compiling regional
household accounts has commenced.

Annual national accounts are gradually harmonised with the ESA 95 methodology. Short-
term priorities listed in the NPAA 2000 were fulfilled as part of compiling 1997 and 1998
national accounts, especially with regard to capturing housing services, calculation of fixed
capital consumption based on reproduction prices of flats, garages and country cottages,
capturing the unregistered economy, revising the main aggregates of annual national accounts
from 1993 onwards, and the compilation of commodity and branch supply and use tables for
1998 etc. At the same time efforts are being made to provide data and develop methodology to
implement remaining ESA 95 principles.

With regard to quarterly national accounts, work continued on harmonising methodological
procedures with the ESA 95 and the manual on quarterly national accounts. Short-term 2000
priorities were fulfilled pertaining to the review of time series of quarterly account indicators
and to proposals for improving the techniques of seasonal adjustments of time series to
include GDP.

In the area of price statistics, data continued to be provided on the harmonised consumer
prices index in the agreed structure. Methodological preparations commenced for revising
price indices schemes (CPI and PPI). In 2001 the selection of representatives and respondents
will be reviewed, calculation procedures will be also revised and harmonised and new weights
for the calculation of established indices on the basis of year 2000 will be proposed.

In government finance statistics, regulations are gradually implemented on the procedure for
excessive deficit and debt in public administration. In the area of capturing flows at the time
of eligibility, experimental calculations were made for notification purposes of the capture of
taxes, social contributions and interest by accruals. The Ministry of Finance developed a
classification of state budget revenues and expenditures consistent with the international
standard COFOG; the classification is scheduled to enter into force in 2001.

In monetary and banking financial statistics, measures are being implemented, in
collaboration with the National Bank of Slovakia, to expand the scope and quality of
information so as to attain full compatibility with EU requirements and the needs of national
accounts, especially with regard to FISIM calculations and the compilation of financial and
non-financial accounts for the external sector.

In agricultural statistics, work began on carrying out a structural census of farms. The census
project is being co-financed from EU funds and a twinning partner from Italy is involved. In
2001 a vendor of census hardware and software will be chosen and the survey is to be
conducted in October 2001. The timetable envisages the completion of the project in October
2002. The completion of a structural census of farms will provide data for the European
database of farms and will harmonise statistical data with those of EU countries.

In foreign trade statistics, a new Customs Act has been drawn up in co-operation with the
Ministry of Finance; the act is now subject to the legislative process in parliament. The
country classification GEONOM has been implemented since 2001. Statistical data on foreign

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trade are made available to EUROSTAT by means of the COMEXT system. As part of
preparations for the implementation of INTRASTAT, close co-operation is maintained with
EUROSTAT to enable a deeper insight into the system. Calculations of price indices in
foreign trade were improved (quarterly calculations based on unit value) by separately
evaluating or abstracting extreme values.

In tourism statistics, monthly statistical surveys were expanded in 2001 to include legal
entities and individuals providing accommodation in collective facilities. To meet
requirements of the CR 95/57/ES standard, statistical surveys were also implemented in 2001
for parts B and C (on a quarterly basis), ensuring complete harmonisation of the standard by
2002.

In education statistics, internationally comparable data will be made available for the
publication “Key Data on Education 2001/2002”. Surveys of the age structure of pupils and
students of all types of Slovakia’s schools were introduced in 2001. Adjustments to surveys
conducted by respective ministries expanded their scope to include continued education data
not monitored before, thus ensuring the availability of such data in the 2001 survey.

In social protection statistics, all statutory social benefits were, in line with applicable legislation, classified
using the international methodology ESSPROS96. SESPROS questionnaires were completed for the years 1995
to 1999. The statistical system on social protection also included data from special social security accounts, data
on social discounts in transport, supplementary pension insurance, social services rendered by municipalities and
non-profit organisations as well as on the social benefits paid by public and private sector employers. Annual
surveys in mandatory social security organisations were expanded in 2000 to include insurance premium                  Comment [AK1]: Tak som preložil
collection by region and institutional sector of national accounts.                                                    „zisťovania v organizáciách
                                                                                                                       povinného sociálneho zabezpečenia“.
                                                                                                                       Predpokladal som totiž, že tam
                                                                                                                       zrejme ide o zisťovanie povinného
                                                                                                                       sociálneho zabezpečenia v
In health statistics, surveys were introduced of basic data on accidents sustained outside the workplace from          organizáciách.
2001 onwards. The Statistical Office reviews, in collaboration with the specialised departments of the Ministry
of Health, all relevant indicators monitored in the Slovak Republic to render them consistent with the structure of
the EUROSTAT New Cronos database, which will be gradually filled with data on the Slovak Republic.


In labour market statistics, annual data compiled on the level and structure of wages and
other labour costs are partly harmonised with EU regulations. In the framework of 2000/2001
international pilot projects, assignments are carried out that pertain to the implementation of
quarterly labour cost indices (LCI) and annual labour inputs in agriculture (ALI). As the scope
of monitored indicators gradually expands, their structure adjusts, the basic definitions of
employment and unemployment are revised, and additional ad hoc surveys carried out,
selective labour force surveys become increasingly harmonised with EU methodology.

Act No 165/98 on the 2001 census of the population, houses and flats put legislative
conditions in place and secured financial allocations to carry out the 2000/2001 census. In
preparation for the census of the population, houses and flats in 2001, necessary logistics were
set up and methodology was developed to adequately define census data and ensure their
international comparability. The census of the population, houses and flats to be held on 26
May 2001 will be conducted in line with EU recommendations.


Short-term priorities

   adopt a new State Statistics Act
    Date: 1.1.2002


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   conduct a census of the population, houses and flats
    Date: May 2001

   conduct a harmonised selective survey of complete labour costs
    Date: 30.6.2001

   conduct an additional survey to accompany the selective labour force survey focusing on
    the duration and models of working time
    Date: 30.6.2001

   provide for the New Cronos database internationally comparable social protection data for
    1995-1999
    Date: 30.6.2001

   develop project documentation for a census of small and medium enterprises
    Date: 31.12.2001

   as part of a pilot project, provide, together with financial indicators, data for the UOE
    questionnaire on the 1999/2000 academic year
    Date: 31.12.2001

   in the social protection area, update nation-wide and ministerial surveys by using, among
    other things, administrative data; supply missing parameters and ensure harmonisation and
    comprehensive monitoring in accordance with the ESSPROS96 methodology
    Date: 31.12.2001

   propose and publish the findings of a harmonised selective survey of complete labour
    costs
    Date: 31.12.2001

   implement the geographic information system above the regional statistics database
    Date: 31.12.2001

   ensure user-accessible standard outputs from towns and communities database and the
    town information system
    Date: 31.12.2001

   conduct a structural census of farms
    Date: 31.12.2001

   develop a register of importers and exporters in preparation for INTRASTAT
    implementation
    Date: 31.12.2001

   implement proposals for improved regionalisation of gross fixed capital formation
    Date: 31.12.2001

   compile, on an experimental basis, selected indicators of regional household accounts
    Date: 31.12.2001


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   compile, on an experimental basis, quarterly commodity and branch tables of deliveries
    and utilisation in current and constant prices
    Date: 31.12.2001

   continue in the implementation of short-term methodological recommendations for
    compiling national accounts for 1999 and 2000 by including taxes, subsidies, social
    contributions and interest by accruals, distinguishing between taxes and the purchase of
    services from the state administration, defining final consumption of households directly
    financed by insurance companies
    Date: 31.12.2001

   calculate fixed capital consumption in the sector of public administration and non-profit
    organisations by using the replacement cost of fixed capital
    Date: 31.12.2001

   finalise the methodology of national account conversion to constant prices on the basis of
    supply and use tables and convert experimentally calculated supply and use tables into
    constant prices from 1993 onwards
    Date: 31.12.2001

   expand the methods of complete coverage of the economy in the SNA by including
    estimates of illegal economic activities
    Date: 31. 12. 2001

   continue in the implementation of EU regulations bearing on the harmonisation of CPI and
    the price indices of agricultural commodities
    Date: 31. 12. 2001

Medium-term priorities

   revise price indices schemes on the basis of 2000 as part of harmonisation with EU
    requirements
    Date: January 2002

   process and publish the findings of the census of the population, houses and flats and
    provide EUROSTAT with the first group of basic census outputs
    Date: June 2002

   conduct an additional survey supplementing the selective labour force survey and focusing
    on the employment of disabled persons
    Date: 2nd Q 2002

   process and publish the findings of the structural census of farms
    Date: 3rd Q. 2002

   in the framework of social protection statistics, join in the implementation of the
    following projects “Labour Market Policy”, “Net Expenditures”, “Numbers of Benefits
    and Beneficiaries”
    Date: 4th Q. 2002

   prepare a harmonised selective survey of the structure of employee wages
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National Programme for the Adoption of the Acquis 2001                                   Energy


    Date: 4th Q. 2002

   prepare a plan for INTRASTAT implementation
    Date: 4th Q. 2002

   complete the next stage of ESA 95 implementation inasmuch as it relates to conversion to
    constant prices using the chain approach, enhance the national accounts framework by
    adding balance sheet accounts, carry on with the tasks ensuing from new EU standards
    and bring forward deadlines for annual account compilation
    Date: 4th Q. 2002

   conduct a census of small and medium enterprises and update statistical registers
    Date: 4th Q. 2002

   establish a regional data database linked to the EUROSTAT REGIO database
    Date: 4th Q. 2002

   introduce monthly surveys of reporting units (legal entities and natural persons) that
    provide accommodation services in collective facilities
    Date: 4th Q. 2002

   gradually implement EUROSTAT social statistics projects dealing with health care, work
    safety, consumer protection, social protection, life-long education, social indicators, and
    culture
    Date: 4th Q. 2002

   process and publish the findings of the census of the population, houses and flats and
    provide EUROSTAT with the second group of basic census outputs
    Date: December 2002

   process and publish the findings of the census of the population, houses and flats and
    provide EUROSTAT with the third group of basic census outputs
    Date: June 2003

   develop and implement a user-oriented regional database including application software
    Date: 2nd Q. 2004


Administrative requirements

Institutional conditions for complete harmonisation of Slovakia’s system of state statistics
with that of the EU are in place and no new institution needs to be set up prior to accession.
However, full implementation of the acquis inasmuch as it relates to statistics will require a
major reinforcement of the sector’s administrative capacity.
Specialised units and the European Integration Department (EID) at the Statistical Office will
have to be strengthened in terms of financing and capacity by employing 224 more persons, of
which number 6 persons will be required to join the EID in 2001, 17 persons will be needed at
other specialised units and 8 persons to support specific projects (INTRASTAT, national
accounts, regional statistics); in 2002 one more person will be required at the EID, 19 persons

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at specialised units and 54 persons for specific projects; in 2003 one more person will be
required at the EID, 12 more for specialised units and 106 persons for specific projects.

    FINANCIAL REQUIREMENTS

SKK million                 2001                         2002            2003                       Total 2001-2003
                        SB Phare Total           SB      Phare Total SB Phare Total                SB Phare Total
Foreign trade            -   -     -            22.9       -   22.9 40.2  -   40.2                63.1     -     63.1
statistics
(INTRASTAT)
Macroeconomic           1.6      -      1.6     12.4         -    12.4    3.0     3.0     6.0     17.0      3.0    20.0
statistics
Regional statistics     1.0      -      1.0      5.0         -    5.0     2.8      -      2.8      8.8       -      8.8

Miscellaneous          13.7      -      13.7    26.3         -    26.3    5.3     4.0     9.3     45.3      4.0    49.3
integration
activities
Structural census      40.4    72.9    113.3    34.8     10.4     45.2     -       -        -     75.2      83.3   158.5
of farms
Registers                -       -       -      15.0     21.9     36.9    5.0      -      5.0     20.0      21.9   41.9
Total                  56.7    72.9    129.6 116.4       32.3    148.7 56.3       7.0     63.3    229.4 112.2 341.6


Chapter 13: Social Policy and Employment
         The chapter Social Policy and Employment was opened for accession negotiations of
         the Slovak Republic with the European Union on 30 March 2001. The chapter was
         provisionally closed on 17 May 2001.

         The Chapter is under the auspices of the Ministry of Labour, Social Affairs and
         Family of the SR, while co-operates mainly with the Ministry of Health, the Ministry
         of the Interior, the National Labour Inspectorate and the Chief Mining Office.

    Labour LAw

         Most of the Slovak legislation in the area of labour law is compatible with the acquis.
         The Slovak Republic is about to complete the reform of labour law and full
         compatibility with the acquis should be achieved upon adopting the new Labour
         Code1, the draft of which was submitted to the National Council by the Government
         on 5 March 2001. It is proposed that the Code should take effect as of 1 January 2002;
         it is assumed that the National Council would have deliberated the draft by 1 July
         2001.

         The Government submitted its draft law on civil service2 to the Parliament on 5
         March 2001 with 1 January 2002 as the proposed date of effect; the National Council

1
  The new Labour Code will be in line with the Council Directives in the area of labour law: No. 77/187/EEC as
  amended by 98/50/EC, 80/987/EEC, 91/383/EEC, 91/533/EEC, 93/104/EC, 94/33/EC, 94/45/EC as amended
  by 97/74/EC, 96/71/EC, 97/81/EC as amended by 98/23/EC, 98/59/EC; for other directives see part Equality of
  opportunities for men and women.
2
  The draft law on state service in relation to the delegated competence of the draft Labour Code is harmonised

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         is expected to deliberate this draft before 1 July 2001. The draft law regulates the
         statutory relations of civil servants towards the state when performing civil service.

                                      3
Also the draft law on public service was submitted to the National Council on 5 march 2001. The law shall
regulate the industrial relations of employees based on the contractual principle when carrying out activities of
public interest and acts related to the self-administration of municipalities. The act shall regulate only the
deviations from the Labour Code concerning legal status of public employees.

Act No. 95/2000 Coll. of 8th February 2000 on Labour Inspections and on the amendment of other laws as of 1
July 2001 stipulates that the National Labour Inspectorate shall have also competencies to inspect the observance
of:
- labour law stipulations covering mainly the establishment, change and termination of legal relationships, the
  working conditions of employees, including the working conditions for women, youth and persons with
  disabilities,
- wage regulations,
- commitments resulting from collective agreements.
At the same time this scope of inspection shall no longer be in the competence of the National
Labour Office as of 1 July 2001.

Act No. 244/2000 Coll., which took effect as of 1 August 2000 was another amendment to the Labour Code,
providing precise details of the procedures to be observed by the bankruptcy trustee in collective redundancies
and along with another amendment of the Employment Act (Act No. 241/2000 Coll.) eliminated conflicts and
unclarities that caused delays in the composition with individual creditors.


The Directive 96/71/EC of the European Parliament and of the Council concerning the posting
of workers in the framework of the provision of services is fully transposed in the draft of the
new labour code, with the exception of provisions concerning the stipulation of competent
bodies. The Act on Employment and the Act on Labour Inspections will be harmonised in
2002 in order to achieve full transposition of those stipulations.

The applicable and effective Labour Code already includes the stipulations of Council
Directive 80/987/EEC on the approximation of the laws of the Member States relating to the
protection of employees in the event of the insolvency of their employer, Council Directive
98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies with the exception of stipulations concerning work councils.

Short-term priorities

   adopt new Labour Code
    Date: 1 January 2002

   adopt law on public service
    Date: 1 January 2002

   adopt law on civil service
    Date: 1 January 2002

  with the Council Directives in the area of labour law No. 91/533/EEC, 93/104/EC and in the area of equal
  opportunities for men and women No. 76/207/EEC, 75/117/EEC, 92/85/EEC.
3
  The draft law on public service in relation to the delegated competence of the draft labour code is harmonised
  with the Council directives in the area of labour law No. 91/533/EEC, 93/104/EC, No. 77/187/EEC and in the
  area of equal opportunities for men and women No. 76/207/EEC, 75/117/EEC.


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Medium-term priorities

 amend Act No. 95/2000 Coll. on Labour Inspection and on the amendment of other laws,
  - stipulate a competent body according to the Directive No. 96/71/EC.
  Date: 1 July 2002

 amend Act No. 387/1996 Coll. on Employment as subsequently amended - stipulate
  competent body according to Directive No. 96/71/EC
  Date: 1 July 2002

 amend new Labour Code and the Act on Public Service (transpose stipulations of the
  Directives 1999/70/EC, 2000/34/EC, 2001/23/EC)97
  Date: 1 January 2003

 amend Act No. 435/2000 Coll. on Maritime Navigation (transpose stipulations of
  Directives 1999/63/EC, 1999/95/EC and the Recommendation 1999/130)
  Date: 1 January 2003

 ratify ILO Convention No. 180 on seafarer's hours of work and the manning of ships and
  ratify the Protocol of 1996 to the Convention on Commercial Maritime Navigation
  (minimum standards) of 1996
  Date: 1 January 2003

Administrative requirements

 enhance enforcement structures for the enforcement of labour law at the National Labour
   Inspectorate
97
     In relation to the completion of the transposition of the acquis 1999 and the transposition of the acquis 2000
      and 2001 the following Directives will be implemented into the Slovak legislation:
-     Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the
      organisation of working time of seafarers concluded by the European Community
      Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the
      European Union (FST) – the Member States are obliged to adopt laws, regulations and
      administrative measures by 30 June 2002.
-     Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the
      enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports –
      for Member States up to 30 June 2000.
-     Commission Recommendation No. 1999/130/EC of 18 November 1999 on the ratification of ILO
      Convention No. 180 on seafarer's hours of work and the manning of ships and ratify the Protocol of 1996 to
      the Convention on Commercial Maritime Navigation (minimum standards) of 1996.
-     Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work
      concluded by ETUC, UNICE and CEEP - for Member States up to 10 July 1999.
-     Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council
      Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and
      activities excluded from that Directive - for Member States up to 1 August 2003 (specialised placements of
      physicians up to 1 August 2004).
-     Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States
      relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts
      of undertakings or businesses (for Member States on the 20th day of publishing in the Official Journal of the
      European Communities, which was 22 March 2001).



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    Date: 31 December 2001

   establish the Office for Civil Service
    Date: upon adopting the law on civil service by the National Council - 3rd quarter 2001

 create contact authorities (at the Ministry of Labour, Social Affairs and Family , the
  National Labour Inspectorate and National Labour Office); drafting legislation for posting
  of workers
  Date: 2001-2002

 enhance the general court system to include labour and social senates (Ministry of Justice )
  Date: 2001 – 2002

 develop an information system (in line with Council Directive No. 96/71), which shall
  ensure up-to-date information on labour law and the conditions of employment
  Date: 2002

Financial requirements

Office for civil service                           2001          SB: SKK 9.8 million
(establishment and functioning),                   2002          SB: SKK 17.7 million
create a training system and draft
implementing rules
Creation of contact authorities,                   2002          SB: SKK 1.9 million
preparation of legislation for                     2003          SB: SKK 0.2 million
posting of workers (+ 2 staff in                   2004          SB: SKK 1.0 million
2002, + 2 staff in 2004) and
creation of an information system
(Directive 96/71/EC)
Enhancement of enforcement                         2001          SB: included in the section Safety and
structures for the enforcement of                                health protection at work
labour law at the National Labour
Inspectorate


Social dialogue

The right of citizens to unionisation is one of the fundamental rights and freedoms guaranteed
by the Constitution of the SR and it is also guaranteed by the Charter of Fundamental Rights
and Freedoms, incorporated into the national legislation by the Act No. 23/1991 Coll.. The
social dialogue in the SR is also supported by the ratification of important international
documents, such as the ILO Convention No. 87 on the Freedom of Association and Protection
of the Right to Organise, ILO Convention No. 98 on the Right to Organise and Collective
Bargaining and the European Social Charter.

The adoption of the Act No. 106/1999 Coll. on Economic and Social Partnership (Act on Tripartite), which took
effect on 15 June 1999, completed one stage of the process to enhance active participation of social partners in
the social dialogue in the Slovak Republic.

Collective bargaining at sector level results in higher level collective agreements (HLCA)
between the representatives of the respective employers and trade unions in the sector.

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Deposited in 2000:
HLCA: 21
Amendmends to HLCA: 38
HLCA deposited in the previous period and applicable in the year 2000: 34
Amendments to the HLCA deposited in the previous period and applicable in the year 2000: 5
+ 1 HLCA on the participation in the supplementary retirement pension insurance, + 1
amendment to the HLCA on the participation in supplementary retirement pension insurance.

Deposited in 2001:
HLCA: 4
Amendments to HLCA: 8
HLCA deposited in the previous period and applicable in the year 2001: 23,
Amendments to HLCA deposited in the previous period and applicable in the year 2001: 38.

Basic level collective agreements are concluded at the level of companies and organisations
between the basic organisation of the respective trade union and the management. The
provisions of a collective agreement are equally applied to members and non-members of the
unions in the given organisation.

On 5 March 2001 a governmental draft law was submitted to the National Council, to amend
Act No. 2/1991 Coll. on Collective Bargaining as subsequently amended and to amend the
Act No. 152/1994 Coll. on Social Funds and on the amendment to Act No. 286/1992 Coll. on
Income Tax as subsequently amended, with proposed date of effect 1 January 2002.

The publication of the Commission on the European Social Dialogue, focused mainly on the
issues of labour law, equal opportunities, employment and safety and health protection at
work, was made available to the social partners and is also accessible at
www.employment.gov.sk.

Short-term priorities

   amend Act No. 2/1991 Coll. on Collective Bargaining as subsequently amended
    Date: 1 January 2002

Administrative requirements

Strengthening of the Confederation of Trade Unions (the Institution of collective bargaining)
will be ensured through training of negotiators in the possibilities to enshrine such legal
stipulations of the EU in collective agreements that can be applied to our working conditions
according to the applicable legislation (7.5 persons in 2001, + 1.5 persons, +2 persons in
2003, +2 persons in 2004).

The Ministry of Labour, Social Affairs and Family will need to strengthen the Advisory
department for bipartite social dialogue (+ 3 staff in 2002).

Financial requirements




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Support of bipartite social dialogue:                              2002         SB: SKK 1.4 million
-      training seminars for the preparation of                                 request for PHARE:
       projects,                                                                1 MEURO
-      education, exchange of experience in the
       application of the acquis communautaire
-      addressing the issue of representation in
       trade unions

Development of social partnership at national and                               Other funds:- social partners
regional levels                                                    2001         (CTU): SKK 6.5 million

                                                               2002-2004 SKK 6.2 million

EQUAL OPPORTUNITIES FOR MEN AND WOMEN

The principle of equal opportunities for men and women and the principle of equal treatment as regards access to
employment, vocational training and advancement and working conditions, including the application of the
principle of equal pay for equal work for men and women is enshrined in the Constitution of the Slovak
Republic, in the basic articles and stipulations of the Labour Code, in the Act on Wages, acts on salaries, the Act
on Employment and other labour legislation.

The governmental draft of the new Labour Code stipulates the prohibition of discrimination in
Section § 13 in line with the Directive 76/207/EEC. An employee, who feels to be injured due
to a violation of the prohibition of discrimination, may claim his rights in a court. The
employer however shall not put that employee at a disadvantage because the latter is claiming
his rights (§ 13 para 6 of the draft Labour Code).

The Labour Code ensures in principle identical working conditions for men and women,
including the protection against lay-off. The draft new Labour Code stipulates the obligation
for the employer to inform the employee on the provisions relating to equal treatment.98 At the
same time the new Labour Code99 shall include provisions on defining indirect discrimination.

Article 5 para 3 of the Directive 92/85/EC is fully transposed in § 162 para 4 of the draft new Labour Code,
which stipulates that if it is not possible to transfer a pregnant woman to another workplace with day work or
other appropriate position, the employer is obliged to provide her paid leave. This also applies to mothers up to
nine months after giving birth.

The Ministry of Labour Social Affairs and Family drafted a Concept of equal opportunities
for women and men in the year 2000 that was adopted by the Government on 7 March 2001 in
its resolution No. 232/2001. The concept includes the task „to ensure information of executive
state administration staff (Ministries and other central bodies of state administration, regional
and district offices) and the representatives of self-administration about the issues of equal
opportunities for men and women through training, seminars“.

The Slovak Republic ratified the Conventions of the International Labour Organisation (ILO)
No. 45 on underground work (Women) and No. 89 on Night Work (Women), which

98
     Explicit stipulation of the possibility of an employee to go to the competent court, even if he considers to be
     the injured party due to non application of the principle of equal treatment, while the burden of proof that this
     is not a case of gender-based discrimination shall be with the employer.
99
       New Labour Code will be in line with Council Directives No. 75/117/EEC, 76/207/EEC, 92/85/EEC,
     96/34/EC as amended by 97/75/EC, 97/80/EC as amended by 98/52/EC.

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according to the Member States should be withdrawn from because they are not in harmony
with the principle of equal treatment. The Slovak Republic, like other countries can withdraw
from the Convention of the ILO No. 45 only between 31 May 2001 and 31 May 2008 at the
earliest and from the Convention of the ILO No. 89 only between 28 February 2001 and 28
February 2002. The Slovak Republic is currently considering the issue. The Ministry of
Labour, Social Affairs and Family shall submit to the Government by September 2001 a
document with the proposal to withdraw from the ILO Convention No. 89. At the same time
the SR is preparing for ratification of the ILO Convention on Night Work No. 171 of 1990
(Article 7 night work of women).

Act No. 409/2000 Coll. (in effect since 1 January 2001) was adopted on 30 October 2000
amending the Act of the National Council No. 123/1996 Coll. on Supplementary Retirement
Pension Insurance for Employees and on the amendment of other acts, which extended the
scope of law to include self-employed persons and employees of organisations fully or
partially funded from the state budget. Act No. 123/1996 Coll. as subsequently amended is
harmonised with Council Directive (EEC) No. 86/378 on the implementation of the principle
of equal treatment of men and women in employment systems of social security as amended
by Directive 96/97/EC.


Short-term priorities

     withdraw from the ILO Convention No. 89 and ratify the ILO Convention on Night Work
      No. 171 of 1990 (Article 7 night work of women)
      Date: 3rd Quarter 2001

 adopt new Labour Code
  Date: 1 January 2002

 adopt law on state service
  Date: 1 January 2002

 adopt law on public service
  Date: 1 January 2002

 implement the Concept of equal opportunities for women and men (adopted by the Government on 7 March
   2001)
    Date: 2001-2002

     constitute the institution of ombudsman for equal treatment in the access to employment,
      vocational training and advancement and working conditions100
      Date: 2001

Medium-term priorities

     adopt law on social insurance (upon implementing Directive 79/7/EEC)
      Date of effect: 1 January 2003



100 Constitutional Act
                         No. 90/2001, amending the Constitution of the SR
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Administrative requirements

     create the institution of ombudsman for equal treatment in access to employment,
      vocational training and advancement and working conditions (between 2002-2003 +7
      staff). Date: 2002-2003

     monitor practical application of equal opportunities and activities to promote the
      application of these principles (according to Directives 86/613/EEC, 75/117/EEC,
      76/207/EEC, 79/7/EEC, 86/378/EEC as amended by 96/97/EC, 96/34/EC as amended by
      97/75/EC)
      Date: 2001 – 2004

     prepare for the participation in the Community programme of gender equality101;
      preparation of documents for the governmental session, including the stipulation of
      financial contributions of the SR
      Date: 2001-2002

Financial requirements


Ombudsman for equal treatment in access to               2002       SB: SKK 2.3 million
employment, vocational training and advancement and      2003       SB: SKK 0.9 million
working conditions: +7 staff
Monitor practical application of the equal               2001       SB: SKK 1.1 million
opportunities and activities to support the              2002       SB: SKK 1.3 million
application of these principles (between 2001 –          2003       SB: SKK 0.8 million
2004 total + 4 staff)                                    2004       SB: SKK 0.4 million


FIGHT AGAINST XENOPHOBIA AND RACISM

The fight against racism and xenophobia is enshrined in the Constitution of the SR, in the
Criminal Law and is also one of the tasks of the Police Corps as stipulated in § 2 of the Act
No. 171/1993 Coll. on the Police Corps. The legal order of the SR allows criminal sanctions
for manifestations of xenophobia and racism.

This area is covered by several governmental and non-governmental organisations: the
Deputy Prime Minister for human and minority rights and regional development, Council of
the Government for national minorities and ethnic groups, the government plenipotentiary for
Roma minority issues, the Ministry of the Interior, the Ministry of Justice, the General
Prosecution Office, the Ministry of Labour, Social Affairs and Family, the Research Institute
of Labour, Social Affairs and Family, the Sociological Institute of the Slovak Academy of
Sciences, the Institute of Social Sciences of the SAS in Košice, the Slovak Helsinki
Committee, the Foundation Charta 77, the Institute for Public Issues. Manifestations of
extremism, racism and xenophobia constitute criminal offences in the Slovak Republic.

This area is covered by government ordinance No. 1035/97 of 2 June 1997 on the
establishment of a European Centre for the Monitoring of Racism and Xenophobia. In order to
co-ordinate the activities in this area but also to collect and analyse information, the Slovak
101
       Preparation of the Community Programme for Gender equality assumes the contribution of SKK 2.5
million.

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Republic is considering the establishment of a centre for the monitoring of racism and
xenophobia in the pre-accession stage as a follow-up to the above government ordinance.
According to the work timetable the minister of labour, social affairs and family shall submit
to the Government a document on the establishment of the centre in September 2001.

The area further concerns the implementation of new Council Directives 2000/43/EC102
and 2000/78/EC103, regulating the issue of equal treatment.

Within the structures of the Police Corps the personnel order of the Interior Minister No. 34/2001 in effect as of
1 March 2001, implementing systemisation changes in the tables of number composition, create 2 positions for
the violent crime department at the Criminal Police Office of the section of criminal and financial police of the
Police Corps Presidium and one position for each division of violent crimes at the criminal police departments of
the Regional Directorates of the Police Corps for dealing with the issue of extremism.

On 27 March 2001 the „Ordinance of the Ministry of the Interior of the Slovak Republic on
procedures in the fights against extremism and on the establishment of a monitoring centre of
racism and xenophobia“ was approved. The purpose of this order is among other things to
enhance the efficiency of the work of the Police Corps in preventing, detection and
documentation of crimes committed by extremists and to ensure a more efficient fight against
racism and xenophobia.

The ordinance stipulates tasks for the criminal, disciplinary, traffic, border and alien police
but also some tasks for the section of investigation and criminal expertise activities of the
Police Corps, the section of control and inspection services of the Ministry of the Interior, the
Office for the Protection of high state officials and diplomatic missions of the Ministry of
Interior and the section of public administration.

Within the Ministry of the Interior the Monitoring centre shall be under the auspices of the
department of violent crime of the administration of the criminal and financial police of the
Police Presidium. The role of the Monitoring Centre will be mainly to monitor and evaluate
the current situation, drafting analyses and trends in the activities of extremists, taking
measures to suppress extremism as well as providing objective and reliable data at ministry
level about the manifestation of racism and xenophobia to the national Monitoring centre of
racism and xenophobia to be established with the Ministry of Labour, Social Affairs and
Family.

In order to enhance the level of information of police corps members about the extremists
scene in the SR, the forms and methods of committing racially motivated crime and its
criminal law qualification and in order to guide the tactics in detecting, clearing up and

102
    Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
  persons irrespective of racial or ethnic origin. The Directive requires equal treatment in employment, in access
  to goods and services, education and vocational training, housing, social security and health care. Victims of
  discrimination on the grounds of racial or ethnic origin must have efficient appeal tools and Member States
  must have an institution, supporting the non-discrimination, providing aid to individual victims of
  discrimination, performing research of discrimination and publishing reports and recommendations on
  discrimination.
103
    Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
  employment and occupation. Stipulates several universal principles at community level in the area of
  protection against harassment, possibility of positive action, appropriate compensation and implementing
  measures. These principle shall enhance the basic right to equality in the entire community and promote
  economic and social cohesion by ensuring identical levels of protection against discrimination at work for all
  people in Member States.


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documenting this crime, the violent crime department at the Criminal Police Office of the
section of criminal and financial police of the Police Corps Presidium in co-operation with the
department of order police of the Police Presidium and activists of the NGOs drafted the
„Methodology of detecting, clearing up and documenting crime motivated by racial, ethnic
and other hatred or committed by supporters of extremist groups “, which has been submitted
for approval to the President of the Police Corps.

In order to enhance the dialogue with non-governmental organisations a working group was
established in December 2000 to address racially motivated crime. The working group
includes staff from the Police Presidium and activists from the NGOs (Citizen and democracy,
Open Society Foundation, People against racism, ZEBRA – association of African-Slovak
families). This working group deals with possibilities to solve current problems, preventive
activities and possibilities of further training of police members in the area of human rights.

The violent crime department at the Criminal Police Office of the Section of Criminal and
Financial Police of the Police Corps Presidium also started co-operation with the Institute for
the relations between the state and the churches, which is an organisation partially financed by
the Ministry of Culture in order to suppress the activities of unwanted religious sects and
cults.

The training of police members in the area of human rights is included in the curricula of
secondary schools of the police corps as well as the Police Corps Academy.

On the basis of the Order of the Minister of the Interior No. 31/1998 a working group of the
Ministry of the Interior for Human Rights issues was established. This working group
addresses the respect of human rights within the sector as well as the respect of the human
rights within the performance of duty of the police members.

Medium-term priorities

   establish the Centre for the Monitoring of Racism and Xenophobia.
    Date: 2002-2004

   prepare legislation implementing Directives 2000/43/EC (for Member States until 19 July
    2003) and 2000/78/EC (for Member States until 2 December 2003) – MLSAF SR in co-
    operation with the Ministry of Interior, Ministry of Justice, Ministry of Education SR.
    Date: 2003

XII.    Administrative requirements

Establishment of the Centre for the Monitoring of Racism and Xenophobia (in the competence
of the MLSAF SR) and co-ordination of activities in the fight against racism and xenophobia,
collection and analysis of information will require new staff (+ 5 staff in 2002, + 2 staff in
2003 - 2004).

XIII.   Financial requirements

Establishment of the Centre for the Monitoring of           2002    SB: SKK 4.5 million
Racism and Xenophobia in the competence of the            2003-2004 SB: SKK 0.7 million
MLSAF SR connected to the European Centre for the                   PHARE 2000 (from the
Monitoring of Racism and Xenophobia in Vienna                       section for human rights):

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                                                                            0.28 MEURO



Employment, European social fund

The legal framework for the employment policy and labour market policy has been created by the Act No.
387/1996 Coll. on Employment, which is being amended, as required by the development of the labour market.

The amendment of the Employment Act (No. 245/2000 Coll.) in effect since 1 August 2000
has allowed the implementation of the project of public works for long-term unemployed,
which is financed from the state budget as a specific grant for the National Labour Office.
Also the conditions for the control of illegal work have been enhanced.

In its Resolution No. 908 of 8 November 2000 the Government adopted the National
Employment Plan that will be evaluated annually as at 30 June. The main reason for adopting
the National Employment Plan was the necessity to slow down and stop the growing trend of
unemployment and reflect the employment policy principles as applied in the European Union
in the selected solutions.

The National Employment Plan includes tasks focused on the harmonisation of supply and
demand at regional labour markets, through re-training and other measures and policies
focused on the adaptability of human resources to market conditions.

According to Act No. 387/1996 Coll. on Employment the National Labour Office performs basic activities
related to matching job-seekers to vacancies, consulting, registering the unemployed, collecting unemployment
insurance contribution, collecting contributions to the guarantee funds, providing unemployment benefits, active
labour market policy, through creating and using the guarantee fund and other necessary administrative activities.

Short-term priorities

     draft the Document Joint assessment of employment policy with the European
      Commission and arrange the signature by the responsible Commissioner104
      Date: June 2001

 create and operate a managerial unit for the ESF at the Ministry of Labour, Social Affairs
  and Family (drafting and co-ordination of measures to implement the respective
  regulations of the EU for the ESF in the Slovak Republic; proposing the establishment of
  necessary institutional structures, preparation of human resources for drafting and
  implementing pilot projects).
  Date: 2001 - 2002

104
  In evaluating the employment policy focus in 2001 on the following issues:
-   is the functioning of the labour market improving to ensure that work supply is harmonised with the demand
    for work at the domestic market and what measures of the employment policy are being prepared to support
    this process?;
- are the reforms of policy and labour market transformation advancing fast enough and are they profound
    enough to allow full participation in the single market?;
- what policies and measures are focused on the preparation of a large share of active population, which is
    unskilled or not sufficiently skilled for the market economy?;
- what is the degree of preparedness of the employment policy structures (Ministries, including the co-
    ordination between them and social partners) and the employment policy systems (public employment
    services etc.) for the implementation of the employment strategy.

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Medium-term priorities

   draft and develop the National Programme to Enhance Productivity and Competitiveness
    of the Slovak Economy.
    Date: 2002

   update the measures of the National Employment Plan, implementing the European
    Employment Principles into the National Employment Plan.
     Date: 2002-2004

 manage (at the Ministry of Labour, Social Affairs and Family) the preparation for EU integration and the
  preparation of projects within the EU structural funds, including the European Social Fund (ESF).
    Date: 2002 - 2004

 establish information centres for citizens with disabilities to inform about the possibilities
  of their employment (in preparation + 4 people for the Ministry of Labour, Social Affairs
  and Family in the year 2002).
  Date: 2002

 create staffing and material conditions for the implementation of medical evaluation, at the
  same time analyse the application of the "Swedish system" of providing medical evaluation
  and adapt and complete this system for the SR (in preparation + 4 staff for the Ministry of
  Labour, Social Affairs and Family in the year 2002).
  Date: 2002

 promote the development of the National Training Institute for the ESF (+ 4 staff) with the
  National Labour Office and support the implementation of the National Training Plan for
  the ESF at the national and regional levels.
  Date: 2001 - 2004

Administrative requirements

Currently the pre-accession funds support the projects of preparation and implementation of
programmes for the development of regional and local employment (including action plans)
which shall facilitate the process of applying rules and procedures in the area of structural
funds including the ESF.

The National Labour Office has to be developed further continuously, in order to allow it to
perform its activities at a level comparable with the level in the EU Member States, in
particular in relation to the implementation of measures adopted in the National Employment
Plan.

Prior to the accession to the EU it will be necessary to establish all independent entities for the
preparation, implementation and evaluation of programmes and projects for the development
of human resources in the priority regions of the SR for the support of regional and local
employment.

Financial requirements

Enhance the operation of the guarantee fund,             2001-2003 SB: SKK 2.3 million
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including the correction of mechanisms,                            PHARE 2000: 0.5 MEURO
changes in legislation, training of implementing                   NLO: SKK 6.9 million
staff, HW, SW equipment
Establish information centres for citizens with 2001- 2002         Consensus III.: 0.12 MEURO
disabilities to inform about the possibilities of                  NLO: SKK 22.0 million
their employment                                                   SB: SKK 2.2 million
                                                         2002      NLO: SKK 16.8 million
create staffing and material conditions for the        2001-2002   SB: SKK 1.8 million
implementation of medical evaluation, of the                       Consensus III: 0.05 MEURO
MLSAF (+ 4 staff) and the National Labour                          NLO: SKK 5.0 million
Office at the same time complete the system of
providing medical evaluation
Prepare and support the implementation of 2001-2003                PHARE 2000: 2 MEURO
retraining programmes to ensure a link between 2001-2002           NLO: SKK 21.0 million
the requirements of the labour market and the                      PHARE 2001: 3.3 MEURO
qualifications of the registered unemployed and
employees
Support the preparation and implementation of            2001      SB: SKK 6.88 million
programmes for the development of regional                         PHARE: 0.5 MEURO
and local employment (employment action                            NLO: 0.5 million
plans)
Implementation of the sectoral operation programme for 2001-2004   NLO: SKK 35 million
the development of human resources                                 PHARE 2001: 2.5 MEURO
Creation and development of the National                   2002    SB: SKK 0.5 million
programme for the enhancement of productivity                      Other: SKK 44 million
Create and make operational a managerial unit              2002    SB: 1.8 million
for the European Social Fund (2002 + 4 staff)            2001-2003 PHARE 2000: 0.38 MEURO

Manage preparation for EU integration and                  2001    SB: 4.6 million
preparation of projects within the structural              2002    SB: 2.3 million
funds, including the European Social Fund                  2003    SB: 1.4 million
(2002 – 2003 + 5 staff)

Social protection:
Social security, elderly and social exclusion, people with disabilities, dublin foundation

The system of social security is currently undergoing a reform aimed at further development
of adequate social protection that will finally be based on three new systems: social insurance,
state social support and social assistance. The legislation drafted in this area respects the
recommendations and resolutions of the Community.

The new system of social insurance consists of three subsystems, i.e. sickness insurance,
annuity assurance and accident insurance, which shall cover the basic security for citizens in
case of specified social risks.

The new law on social insurance shall regulate the legal relations between the social
insurance, the supervision of the state over social insurance and the procedures in social
insurance. The law should take effect as of 1 January 2003.

The state social support and social assistance will follow independently of the social insurance
system as further systems of a transforming system of social security.
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The basic principle of state social support is to redistribute revenues from the state budget on
the basis of solidarity between families with no children and families with children and
families with higher incomes and families with lower income. This is a support of the state to
families in such situations of life, which the state considers eligible for support, which finally
will be reflected in their quality of life, level of education and overall personal development of
the children. The most important benefits are child allowances and parental contributions.

The basis for legislation in the area of social assistance is the Act No. 195/1998 Coll. on
Social Assistance105 as subsequently amended. Social assistance under this act means social
prevention and settling of material or social need through social counselling, social legal
protection, social services or social benefits in cases when the citizen cannot himself nor with
the help of his family ensure the basic conditions of living, including the compensation of the
social impacts of a severe disability.106 The MLSAF SR is preparing a draft legislative concept
in line with the Plan of the legislative tasks of the Government for the year 2001, of a new
legislation concerning social legal protection, social prevention and substitute care. The
equality of opportunities for citizens with disabilities is enshrined in the Constitution of the
Slovak Republic. The Co-ordinating committee for the issue of citizens with disabilities,
having its secretariat at the MLSAF SR, is preparing a „National Programme for the
Development of Living Conditions of Citizens with Disabilities in all areas of life“, which
shall be deliberated by the Government in May 2001.

The protection of the elderly is ensured in line with the recommendations and resolutions (listed in screening list
B), not only by guaranteeing the conditions of existence but also by providing social assistance to this group of
citizens. A summary report on the implementation of the National Programme for the Protection of the Elderly
was deliberated by the Government on 11 April 2001.

Short-term priorities

     establish a Training Institute for the education and further training of employees in the social sector (+ 15
      staff by 2004), which shall provide vocational training, monitoring and analysis of training needs in a
      modern system of social policy.
       Date: 2001

     prepare a material concept of a new law on social legal protection, social prevention and substitute care.
       Date: 2001

     amend Act. 273/1994 Coll. on Health insurance the financing of health insurance and on
      the establishment of Všeobecná zdravotná poisťovňa (Universal health insurance) and on
      the establishment of sectoral, company and civil health insurance companies / draft new
      law on health insurance.
      Date: 2002



      105
         The Act on social aid fully respects the recommendations of the Council No. 92/441, 92/442 and ensures
       the same status to Slovak nationals but also to foreign, stateless persons, refugees, displaced persons and
       foreign Slovaks, who exercise their rights to ensuring the basic conditions of life according to this law.
106
      The law addresses the social need of a citizen with severe disability in line with the principles of the Standard
      UN Rules for the creation of equal opportunities for citizens with disabilities, thus respecting the resolution
      of the Council of 20 December 1996 on equal opportunities for citizens with disabilities, and creating
      conditions for the improvement of the quality of life and thus equal opportunities, independence, work and
      social integration.

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Medium-term priorities

   prepare the National Programme of Fight against Poverty and Social Exclusion through
    the year 2005.
    Date: 2003

   prepare the National Programme of Social Protection through the year 2005.
    Date: 2003

   adopt law on social insurance
    Date: 1 January 2003

   adopt law on social legal protection, social prevention and substitute care.
    Date: 1 January 2003

Administrative requirements

In the follow up to the conclusions of the European Council in Lisbon, Feira and Nice in the
year 2000 regarding the support of social inclusion as one of the objectives of the
modernisation of the social protection system, the European Council and the European
Parliament adopted the Common Position for the support of co-operation between Member
States in the fight against social exclusion. The MLSAF SR shall prepare a National
Programme of fight against poverty and social exclusion and a National Programme of Social
Protection. The preparation of these programmes shall include the law on social legal
protection, social prevention and substitute education (effective as of 1 January 2003), which
will expand the tasks and the scope of local state administration bodies. The programmes
assume an enhancement in the educational and professional level of employees providing
social protection services.

 provide training, monitoring and analyses of training needs in the modern system of social policy at the
  MLSAF SR
  Date: 2002 – 2004

 strengthen the bodies of local state administration (+ 276 staff between 2003 – 2004)
  Date: 2003 - 2004

Financial requirements

Establish a training institute for the preparation               2002         SB: SKK 82 million
and further education of employees in the social                 2003         SB: SKK 0.8 million
sector (+ 15 staff between 2002 – 2004)                          2004         SB: SKK 0.8 million
Strengthen the bodies of local state                             2003         SB: SKK 63.3 million
administration (+ 276 staff between 2003 –                       2004         SB: SKK 63.3 million
2004)


PUBLIC HEALTH

In the area of public health this stage focuses on programmes of fighting against AIDS,
cancer, drug addictions, programmes for health promotion and monitoring as well as
directives on tobacco and directives on the network for the surveillance of communicable

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diseases.

The Slovak Republic has adopted a National programme for health promotion in 1999 -
Health for All in the 21st Century - for the years 2000 – 2003.

The goals of state health policy are stipulated in the Act No. 272/1994 Coll. on the Protection
of Human Health as subsequently amended and Act No. 277/1994 Coll. on Health Care as
subsequently amended. The details are covered by respective decrees and specialised
guidelines of the Ministry of Health .

Within the priorities and tasks resulting from the National Programme of Health Promotion a
series of indicators of the health of the population is monitored, mainly:
        - hospitalised persons,
        - patients in psychiatric facilities,
        - birth-giving women,
        - new-borns,
        - congenital defects,
        - abortions,
        - venereal diseases,
        - causes and circumstances of suicides,
        - spa care,
        - drug addictions,
        - occupational diseases,
        - patients with genetic defects,
        - congenital heart diseases,
        - diabetes mellitus type 1;

These indicators are being harmonised with the indicators of the WHO database „Health for
All“ to meet the criteria of WHO indicators. The total number of HFA indicators is currently
156.

        The monitoring and control of infectious diseases, i.e. the surveillance of
infectious diseases is co-ordinated by the Ministry of Health - the Chief Hygienist of the
SR and the Director of the State Health Institute. The network performing this
surveillance is composed of 37 state health institutes, one of which has competence for
the entire country and 8 are responsible for the individual regions. According to the
applicable legislation of the SR the surveillance focuses on all infectious diseases and the
performance is harmonised with the recommendations of the WHO.

Administrative requirements

   continue the development of programmes for the protection and monitoring of health
    according to EU directives in the area of public health
    Date: 2001-2002

   extend the co-operation of the Slovak Republic with the European Union in the area of
    studies concerning programmes of fighting against AIDS, drugs, cancer, for the support
    and monitoring of health as well as the connection with the network for the surveillance
    and monitoring of communicable diseases within the Community
    Date: 2001-2002


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   draft (Ministry of Health) a system for monitoring of the health in order to acquire data
    on health and indicators comparable with the health monitoring system in the
    Communities, which would mainly support the co-operation with the community
    network for epidemiological oversight and control of communicable diseases, and report
    on progress achieved
    Date: 2001-2002




Financial requirements

State Health Institutes (+ 3       2001         SB: SKK 13 million
staff)                             2002         SB: SKK 1.7 million
Institute of health information    2002         SB: SKK 3.9 million
and statistics (+ 7 staff)
National registers (+ 5 staff)     2001         SB: SKK 3.2 million
Institute of preventive and        2001         SB: SKK 1.3 million
clinical medicine (+ 2 staff)


SAFETY AND PROTECTION OF HEALTH AT WORK

Act No. 95/2000 Coll. on labour inspection and on the amendment of other laws was adopted
on 8 February 2000 (took effect as of 1 July 2000 and some provisions transferring the
competence from the National Labour Office to the National Labour Inspectorate and 8
Labour Inspectorates operating in regions and having seats in regional capitals take effect as
of 1 July 2001).

The amendment to the Act No. 330/1996 Coll. was adopted by the National Council of the
Slovak Republic on 28 March 2001 and took effect as of 1 May 2001 (No. 158/2001 Coll.).
The Act stipulates the general principles of prevention, elimination or restriction of risk. The
obligations of the employer in the area of safety and protection of health at work were
extended by the possibility of the employees to comment on all planned and performed
measures in terms of safety and protection of health at work and by the obligation of the
employer to provide the employees and representatives of the employees with the necessary
information. The current legislation is amended by stipulations of conditions for technical
capacity of the safety technician and the conditions for the issuing of authorisations for
consulting, education and training in the area of protection at work. The amendment to the law
contains an authorisation clause for the publication of other generally binding legal standards,
related mainly to the harmonisation of Slovak legislation with the EU legislation. The
amendment included obligations of the employer and the employee as stipulated in the Labour
Code. Act No. 330/1996 Coll. as amended by Act No. 158/2001 is harmonised with the
Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage
improvements in the safety and health of workers at work.

The Government adopted an ordinance on minimum requirements for the safety and
protection of health at work when using work equipment by workers at work (89/655/EEC),
which was published on 1 May 2001 as 159/2001 Coll. Shortly a government ordinance on
minimum safety and health requirements at construction sites (92/57/EEC) will be published
(Ministry of Labour, Social Affairs and Family), currently in the process of approval.

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Ministry of Labour, Social Affairs and Family in co-operation with the Ministry of Health and
the Ministry of Economy prepared a programme for the transposition and implementation of
the respective EU directives concerning the safety and health protection at work.

In the course of the year 2001 the SR shall inform the European Commission on the results of
assessing the costs for the implementation of individual directives.



Existing administrative structures:

The bodies of state administration in the area of labour inspection are the Ministry of Labour,
Social Affairs and Family (responsible mainly for the creation and implementation of state
policy of protection at work and for the performance of labour inspection), the National
Labour Inspectorate (manages and controls the labour inspectorates and inspects the work in
nuclear energy sector), labour inspectorates (perform labour inspections in the scope set by
Act No. 95/2000 Coll.).

The inspection of labour is carried out by the National Labour Inspectorate (NLI), which is a
body financed from the state budget reporting to the Ministry of Labour, Social Affairs and
Family. There are 8 labour inspectorates for the regions, with seats in regional capitals -
Bratislava, Trnava, Trenčín, Nitra, Žilina, Banská Bystrica, Prešov, Košice, performing
inspections on the spot in almost 95% of organisations (manufacturing and non-manufacturing
sectors; public and private sectors) in the SR. The current number of inspectors (170
including the planned increase by 38 in the year 2001) is insufficient.

The supervisory body for the safety and protection of health at work in mines and quarries is
the Chief Mining Authority. The protection of health in mines is in the competence of the
bodies subordinated to the Ministry of Health.

The Ministry of Health and the state health supervision have a special status in
the protection of health at work, as stipulated in the Act No. 272/1997 Coll. on
the Protection of Human Health as subsequently amended. State health
supervision is carried out by bodies for health protection and specialised health
care institutions - state health institutes, a total of 36 in the SR - and they carry
out state health supervision in the entire SR. The Act No. 272/1994 Coll.
regulates the supervision of the state in the area of health protection at work.

Short term priorities

   amend Act No. 272/1994 Coll. on the Protection of Human Health as subsequently
    amended and the implementing rules there to– Ministry of Health (MH)
    Date: 1 January 2002

   adopt government ordinance on minimum requirements for the safety and protection of
    health for the workplace (89/654/EEC) – MH in co-operation with the Ministry of Labour,
    Social Affairs and Family (MLSAF)
    Date: 1 June 2001


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   adopt government ordinance to regulate the details of minimum safety and health
    requirements for manual handling of loads (90/269/EEC) – MH in co-operation with the
    MLSAF
    Date: 1 June 2001

   adopt government ordinance on minimum safety and health requirements for work with
    display screen equipment (90/270/EEC) – MH in co-operation with the MLSAF
    Date: 1 June 2001

   adopt government ordinance on the protection of workers from the risks related to
    exposure to carcinogens at work (90/394/EEC) – MH
    Date: 1 January 2002

   adopt government ordinance on the protection of workers from risks related to exposure to
    biological agents at work (2000/54/EEC) – MH
    Date: 1 January 2002

   adopt government ordinance on the minimum requirements for the provision of safety
    and/or health signs at work (92/58/EEC) – MLSAF
    Date: December 2001

   adopt government ordinance on the minimum requirements for improving the safety and
    health protection of workers in the mineral- extracting industries through drilling
    (92/91/EEC) – Ministry of Economy (ME)
    Date: January 2002

   adopt government ordinance on the minimum requirements for improving the safety and
    health protection of workers in surface and underground mineral-extracting industries
    (92/104/EEC)- ME SR
    Date: January 2002

   adopt government ordinance on the protection of the health and safety of workers from the
    risks related to chemical agents at work (98/24/EC) – MH
    Date: 1 January 2002

   adopt government ordinance on the protection of workers from the risks related to
    exposure to asbestos at work (83/477/EEC) – MH
    Date: 1 January 2002

   adopt government ordinance on the protection of workers from the risks related to
    exposure to noise at work (86/188/EEC) – MH
    Date: 1 January 2002

Medium-term priorities

   adopt new legal provisions for accident insurance (including the involvement of
    employers in the safety and protection of health at work) within the new law on social
    insurance
    Date: 1 January 2003



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   adopt government ordinance on the minimum safety and health requirements for improved
    medical treatment on board vessels (92/29/EC) – MH in cooperation with the Ministry of
    Transport, Posts and Telecommunications (MTPT)
    Date: 2002

   adopt government ordinance on the minimum safety and health requirements for work on
    board fishing vessels (93/103/EEC) – MLSAF in cooperation with the MTPT
    Date: 3rd Quarter 2002

   adopt government ordinance on minimum requirements for improving the safety and
    health protection of workers potentially at risk from explosive atmospheres (1999/92/EC)
    – MLSAF
     Date: 1 January 2003

   adopt government ordinance on the minimum health and safety requirements for the use of
    personal protective equipment by workers at the workplace (89/656/EEC) – (Council
    Directive No. 89/656/EEC that was transposed into the Decree of the Ministry of Labour,
    Social Affairs and Family No. 377/1996 Coll. in effect as of 1 January 1997 requires
    amendment in this way, thus eliminating the part on technical requirements for personal
    protective equipment and ensuring homogeneity with the set of regulations in this area;
    Technical requirements and procedures for conformity assessment for personal protective
    equipment tools are contained in the government ordinance No. 29/2001 Coll. in effect as
    of 1 April 2001 – transposition of Directive 89/686/EEC as the implementing rule to Act
    No. 264/1999 Coll. on Technical Requirements for Products and on Conformity
    Assessment).
    Date: 3rd Quarter 2002

Administrative requirements

   at the Ministry of Labour, Social Affairs and Family enhance (+ 3 staff in 2002-2003) the
    creation of state policy of protection of work in relation to the tasks resulting from the
    commitments towards international organisations – EU, ILO, OECD and related agencies
     Date: 2002 - 2003

   establish a Centre for training and information on work protection to improve the quality
    of basic and further training of labour inspectors and staff at labour inspectorates, training
    of company managers, methodological guidelines for the training of employees in the area
    of work protection etc. (+ 20 staff in 2002 – 2004)
    Date: 2002 - 2004

   establish a Public publishing and information centre for work protection, with the support of the twinning
    project Enhancing work protection in the SR – project No. SR 9913047, which will be financed from the
    state budget as from 2002 (+ 10 staff)
     Date: 2001

   increase number of staff of the NLI and labour inspectorates in the regions, to carry out
    labour inspections - supervision in the area of labour law, wage regulations, equality of
    pay, commitments resulting from collective agreements, safety and protection of health at
    work in relation to implementing EU legislation (between 2001 – 2004 + 93 staff – labour
    inspectors)


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    Date: 2001 - 2004

   increase number of staff at the Chief Mining Office to carry out supervision in mines
    (between 2002 – 2003 o + 2 staff)
    Date: 2001 - 2003

   create a special department at the State Health Institute for the preparation of legislative
    amendments harmonised with EU legislation (between 2002 – 2004 + 12 staff)
     Date: 2001 - 2004

   at the Ministry of the Interior enhance the performance of supervision over health
    protection (between 2002 – 2004 + 3 staff)
    Date: 2001 - 2004

 implement further programmes and support activities focused on employers, employees
   etc.
   Date: 2001 - 2002

   analyse the impacts of implementing the safety and health requirements resulting from the
    acquis on employers in the SR
    Date: 2001

   develop and implement programmes for the enhancement of quality of basic and further
    training of labour inspectors
    Date: 2001-2002*

   enhance the system of training in the area of safety and health protection at work
    Date: 2001-2002*

   ensure specialised training for labour inspectors and company managers
    Date: 2001-2002*

   develop an information system about safety and health protection at work
    Date: 2001-2002*

   draft and implement a model for managing safety and health protection at work for
    employers
    Date: 2001 - 2002*

Financial requirements

The twinning project No. SR 9913047 Enhancing work protection in the SR (Financial
memorandum PHARE 1999) in amount of 2.5 MEURO (PHARE) and SKK 40 million (SB)
has been implemented since 2000 and within its framework the following projects:



*
 Is being implemented within the twinning project Enhancing labour protection in the SR– project No. SR
9913047




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   enhancing legislation in the area of work protection and development of a training system,
   introducing a system of managing work protection in companies,
   development of the information system for work protection,
   support of information and publishing centre of work protection,
   support of the system of social and work rehabilitation of workers who suffered a working
    accident or an occupational disease.

Distribution of funding needs for individual priorities is updated in harmony with the
PHARE programme No. SR 9913047 (subprojects 1 – 5) within COP ´99 only data for
years 2001-2002 is indicated.

1. Enhancing legislation in the area of work protection   2001-2002 SB: SKK 12.9 million
    and development of a training system                            PHARE: 0.7 MEURO
2. Introducing a system of managing work                  2001-2002 SB: SKK 6.45 million
    protection in companies                                          PHARE: 0.3 MEURO
3. Development of the information system for work 2001-2002 SB: SKK 12.9 million
protection                                                  PHARE: 0.98 MEURO
4. Support of information and publishing centre 2001-2002 SB: SKK 4.3 million
   of work protection                                       PHARE: 0.26 MEURO
5. Support of the system of social and work 2001-2002 SB: SKK 4.3 million
   rehabilitation of workers who suffered a                 PHARE: 0.26 MEURO
   working accident or an occupational disease
6. At the Ministry of Labour, Social Affairs and     2002   SB: SKK 0.9 million
   Family enhance (+ three staff in 2002-2003)      2003    SB: SKK 0.5 million
   the creation of state policy of protection of
   work
7. Enhance NLI inspectorates and labour             2001    SB: SKK 54.7 million
   inspectorates in the regions to inspect labour   2002    SB: SKK 19.9 million
   and supervise (between 2002 – 2004 + 93          2003    SB: SKK 19.0 million
   staff).                                          2004    SB: SKK 17.9 million
8. Increase number of staff at the Chief Mining     2001    SB: SKK 0.8 million
Office to carry out supervision in mines            2002
                                                            SB: SKK 0.4 million
(between 2002 – 2003 o + 2 staff)                   2003
                                                    2004    SB: SKK 0.4 million
                                                                     SB: SKK 0.08 million
9. Strengthen the Ministry of Health and the                2001     SB: SKK 1.8 million
   State Health Institute in the area of health             2002     SB: SKK 7.0 million
   protection and preparation of legislative                2003     SB: SKK 0.6 million
   amendments harmonised with the EU                        2004     SB: SKK 0.6 million
   legislation (between 2002-2004 +12 staff)
10. At the Ministry of the Interior enhance the             2001     SB: SKK 0.05 million
   supervision of health protection (between                2002     SB: SKK 0.1 million
   2002 – 2004 + 3 staff)                                   2003     SB: SKK 0.1 million
                                                            2004     SB: SKK 0.1 million
11. Establish a Centre for training and                     2002     SB: SKK 3.6 million
   information on work protection (between                  2003     SB: SKK 1.5 million
   2002 – 2004 + 20 staff).                                 2004     SB: SKK 0.7 million
12. Support Public publishing and information               2002     SB: SKK 7.0 million
   centre for work protection


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Chapter 14: Energy


Present Day Conditions

The Negotiating Position of the Slovak Republic under the chapter Energy was approved by
the Slovak Government in October 2000 and subsequently delivered to the European
Commission. Additional information No 1 on the Negotiating Position serving as partial
answers to technical questions was elaborated and delivered to the Commission on 9 March
2001. This Chapter was opened on 17 May 2001. The Ministry of Economy is responsible for
the process of the Slovak Republic's accession to the European Union in this field. Slovak
energy legislation is being gradually harmonised with the acquis. The Slovak Republic is a
signatory to and has ratified the Energy Charter Treaty and the Protocol to the Energy Charter
Treaty concerning Energy Efficiency and the Related Environmental Aspects.

Security of Energy Supply
Mandatory reserves of crude oil and petroleum products held as state material reserves are
currently defined by the Act on Emergency Reserves of Crude Oil and Petroleum Products
and on Addressing Oil Crises, which was adopted by the National Council of the Slovak
Republic and will enter into force on 1 June 2001. This legislation will be fully compatible
with the acquis in the field of emergency reserves of oil and petroleum products. Due to high
capital intensity of minimum reserves of oil and petroleum products building, its practical
implementation will be realised up to 2008. Using the EU methodology, currently the level of
oil and petroleum product reserves represents 28 days of annual consumption.

Competitiveness and the Internal Energy Market
By its Resolution No 758/2000 of 27 September 2000 the Slovak Government approved the
Draft Model of the Slovak Power Industry Transformation and Privatisation of Energy
Companies Stakes. In the above-mentioned Resolution, the Government expressed its consent
with the transformation and restructuring of distribution energy companies into separate
distribution joint-stock companies and separate heating joint-stock companies, as well as
restructuring of dominant electricity producer and transmission grid operator - Slovenské
elektrárne, a.s. (Slovak electricity joint-stock company) and its division into two joint-stock
companies responsible for transmission grid operation, Slovenská prenosová sústava, a.s.,
Slovenské elektrárne, a.s. and heating companies Košická teplárenská and Prešovská
teplárenská.

On 11 April 2001 the Slovak Government approved the Plan and Process of Privatisation of
Distribution Companies and Heating Company SE-TEKO Košice to be realised by the
end of 2001.

In second half of 2000 the Government approved the Conception of Restructuring and
Privatisation of Transpetrol agreeing with the privatisation of 49% of its shares. In October
2000 an international tender to select privatisation advisor for the privatisation of Transpetrol

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National Programme for the Adoption of the Acquis 2001                                 Energy


Company was published and the advisor was selected in February 2001. Draft proposal for the
sale of 49% of its shares shall be submitted by 31 October 2001.

In 2000 the Government approved the Concept for Restructuring and Transformation of
Gas Sector and the Plan and Process of SPP Privatisation. The Government decided to
privatise 49% of SPP shares (Slovak Gas Industry - state owned gas company) after its
transformation into a joint-stock company (51% shares will remain the state ownership). SPP
Company will be privatised as a vertically integrated company together with the gas transit
system. An international tender for the selection of a privatisation adviser for SPP
privatisation was opened in October 2000 and the advisor was selected in February 2001. The
privatisation project of the Company was submitted to the Government by the Ministry of
Privatisation in April 2001.

In early 2000, the Government discussed the Conception of Natural Monopolies elaborated by
the Ministry of Economy. Draft Act on Network Sectoral Regulation was prepared. The
purpose of these efforts is to establish an independent Regulatory Authority for Network
Industries. The authority is expected to become with its activities on 1 January 2002. The Act
was approved by the Government on 28 March 2001 and is expected to enter into force on 1
January 2002. The Act will also amend the Energy Act No 70/1998 Coll. in the framework of
relevant powers and competencies delegation from the Ministry of Economy to the
Regulatory Authority.

An amendment to the Energy Act No 70/1998 Coll. is to be drafted by 30 June 2001. The
amended Energy Act will serve as the basis for the further implementation of the relevant EU
Directives governing the internal energy and gas market and opening of the market to eligible
customers.

The Slovak Republic requested a transitional period for the implementation of the provisions
of Directive 96/92/EC concerning the possibility of third parties' access to the electricity
market, regarding the access of entities outside of the territory of the Slovak Republic. Such
transitional period was requested for three years from the date of expected accession to the
EU. In light of the conclusions of the accession negotiations (Draft Common Position in
Chapter 14 – Energy) discussions were held to review this request for the transitional period.
Taking into considerations the above-mentioned and all relevant facts and circumstances the
Slovak Government decided to withdraw from the request for this transitional period at its
meeting held on 9 May 2001.

Energy Efficiency
The key piece of legislation governing the field of energy efficiency will be the Act on
Energy Efficiency. The Act will enter into force in 2002. Adopting this Act a legal
framework for energy efficiency will be established and the Slovak legislation governing this
field will be in compliance with the acquis. Draft Act on Energy Efficiency was submitted to
the Office of the Government of the Slovak Republic on 2 April 2001.

Nuclear Energy
Gradual reconstruction of Jaslovske Bohunice V-1 Nuclear Power Plant was completed in
June 2000 in line with the plan and the Slovak Nuclear Regulatory Authority Decision No
1/1994 on Gradual Reconstruction of Units 1 and 2 of V-1 Nuclear Power Plant. IAEA Expert
Committee inspecting the Power Plant on 19 – 24 November 2000 concluded that a highly
professional and technical programme of upgrading was prepared and implemented in respect

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National Programme for the Adoption of the Acquis 2001                                    Energy


of both units of the Power Plant. IAEA also stated that the new safety level is in compliance
with the international requirements and even goes beyond certain IAEA recommendations for
upgrading of VVER 440/230 reactors.

On 29 March 2000, the Government discussed the report titled the Evaluation of the Slovak
Republic's Nuclear Facilities Safety for the year 1999, which is regularly prepared and
submitted by the Nuclear Regulatory Authority. The Report indicated that the operation of all
nuclear facilities in the Slovak Republic in 1999 was safe and reliable.

Act No 130/1998 Coll. on Peaceful Use of Nuclear Energy is in compliance with the
principles of the EU law. In respect of this Act the Nuclear Regulatory Authority issued in
2000 two Decrees – on Events on Nuclear Facilities and Handling of Radioactive Waste
and Spent Fuel.

As concluded in discussions with the European Commission the Government of the Slovak
Republic approved by its Resolution No 801/1999 realistic dates for Units of V-1 Jaslovske
Bohunice Nuclear Power Plant decommissioning. In November 2000 the Government
discussed the Proposal for V-1 Jaslovske Bohunice Nuclear Power Plant Decommissioning
including Social and Economic Impact of Decommissioning. The Government of the Slovak
Republic approved in its Resolution No 974/2000 the proposal for V-1 Nuclear Power Plant
decommissioning and its time schedule.

In its Resolution No 257/2000 the Government of the Slovak Republic expressed its
disapproval of any form of state guarantee for the construction and operation of Unit 3 and 4
of Mochovce Nuclear Power Plant.

The Slovak Republic signed bilateral treaties with the USA and Canada in respect of nuclear
materials control. Upon its accession to the European Union the Slovak Republic will
terminate bilateral treaties with the USA and Canada and will take over the framework of the
EU agreements with the third countries. Furthermore, the Slovak Republic concluded bilateral
treaties on co-operation in the field of nuclear energy with the neighbouring countries,
concerning scientific-and-technical co-operation and co-operation between nuclear regulatory
authorities. They also contain a commitment to exchange information in case of a nuclear
accident.

Summary
Despite the fact that majority of commitments will be met by the reference date of the Slovak
Republic's accession to the European Union, the Slovak Republic requests a transitional
period in the area of minimum reserves of crude oil and petroleum products maintenance until
the completion of necessary facilities due to high capital costs of such project. Originally, the
Slovak Republic requested also the transitional period for opening of the internal energy
market. With a full understanding of the fact that the European Union considers the internal
market as one of the pillars of liberalisation in this sectors the Slovak Government decided to
withdraw from the request for this transitional period at its meeting held on 9 May 2001.

Short-term priorities

   implement the first stage of preparations for the internal energy market and give eligible
    customers consuming more than 500GWh the possibility to choose a supplier from
    electricity generation licence holders in the Slovak Republic (Ministry of Economy)
    Date: 1 July 2001

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National Programme for the Adoption of the Acquis 2001                                  Energy




   adopt the Energy Efficiency Act (Ministry of Economy)
    Date: 1 January 2002

   adopt the Act on Network Sectoral Regulation (Ministry of Economy)
    Date: 1 January 2002

   adopt the amendment to Energy Act No 70/1998 Coll. and amendments to Small Trade
    Licence Act No 455/1991 Coll. as amended (Ministry of Economy)
    Date: 1 January 2002

   implement the second stage of preparations for the internal market in energy and give
    eligible customers consuming more than 100GWh the possibility to choose a supplier
    from electricity generation licence holders in the Slovak Republic (Ministry of Economy)
    Date: 1 January 2002

   establish an independent Regulatory Authority (Ministry of Economy)
    Date: 1 January 2002

   reinforce the Nuclear Regulatory Authority (Ministry of Economy in co-operation with the
    Nuclear Regulatory Authority)
    Date: 1 January 2002

   reinforce the State Material Reserves Administration to implement tasks in the area of
    emergency reserves of oil (State Material Reserves Administration)
    Date: 2002

Medium-term priorities

   liberalise the Slovak power industry on the basis of Slovakia's Energy Policy, which was
    adopted by the Government in January 2000
    Date: 2003

   build the reserves of oil and petroleum products in line with the adopted Act on
    Emergency Reserves of Crude Oil and Petroleum Products and implement the law,
    including the area of addressing oil crises (State Material Reserves Administration)
    Date: approximately up to 2008

Administrative capacity

The Ministry of Economy is the central body of state administration in charge of power
industry. In order to implement tasks related to the process of European integration the
Ministry of Economy will increase its staff by 10 persons in 2002.

In respect of state regulation of power industry the Ministry of Economy is also in charge of
regulation of business in the power industry and licensing, the Ministry of Finance is
responsible for price regulation and the Antimonopoly Office is responsible for the area of
competition. Currently, preparations are made to establish an independent Regulatory
Authority, which is expected to start its activity on 1 January 2002. In order to implement the
tasks of European integration, the Antimonopoly Office will increase its staff by 10 persons in
2002.

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National Programme for the Adoption of the Acquis 2001                                   Energy




Pursuant to the Act No 130/1998 Coll. on Peaceful Use of Nuclear Energy, the Nuclear
Regulatory Authority is in charge of supervision of nuclear safety. The main purpose of the
Nuclear Regulatory Authority is to guarantee the peaceful use of nuclear energy in Slovakia
and to ensure that all nuclear energy facilities in Slovakia are designed, built, operated and
decommissioned according to valid legislation. Another important responsibility of the
Nuclear Regulatory Authority is to control nuclear materials, special materials and facilities –
i.e. items that could be abused in certain circumstances and used for other than peaceful
purposes. In order to implement the tasks of European integration the Nuclear Regulatory
Authority will increase its staff by 5 persons in 2002.

The State Material Reserves Administration is responsible for the creation, replacement and
financing of reserves. The Administration also drafts emergency legislation and trains experts
in this field. In order to implement the tasks of European integration the State Material
Reserves Administration will increase its staff by 8 and 12 persons in 2001 and 2002
respectively.




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National Programme for the Adoption of the Acquis 2001                                               Industrial Policy


Administrative and financial requirements
INSTITUTION                      COMPETENCIES                                              2001107                       2002108            2003
                                                                                 No. of      Expenditur No.              Expenditur No.     Expenditur No.
                                                                                 staff       es [SKK    of               es [SKK    of      es [SKK    of
                                                                                             '000]      staff            '000]      staff   '000]      staff
Security of energy supply
 State Material         -  Creation, replacement and            8        22,700       12    618,745                                17      843,371    20
   Reserves                 financing of reserves;               1*                    8                                            14                 16
   Administration        -  Drafting of emergency legislation
                            and training of experts in this
                            field.
Harmonisation of legislation with the acquis, competitiveness, the internal market and nuclear energy
 Ministry of           - Liberalisation of the energy
   Economy                  market;
                        - Harmonisation of legislation with 3*            1,405        10    5,293                                  4       3,004      2
                            the acquis;
                        - Improvement of energy efficiency
                            and support to renewables;
                        - Working groups in respect of the
                            Energy Charter, the OECD,
                            Sustainable Development;
                        - Activities related to
                            decommissioning of two units of
                            V-1 Jaslovske Bohunice Nuclear
                            Power Plant
                        - Administration of fund/EBRD,
                            PHARE
                        - Upgrading programmes for the
                            units of V-2 and Mochovce
                            Nuclear Power Plant, units 1and 2
Competitiveness and the Internal Market
 Antimonopoly          Protection of competition                32       8,151        10    2,604                                    -     95             -
   Office
 Ministry of Finance Price regulation
 Office for the        Independent regulator will be            40       20,000       60    0                                      0       0          0
   regulation of        responsible for all the present
   network industries regulatory activities
   a/                   (licensing, control powers), including
                        price regulation
Nuclear energy
 Nuclear Regulatory - Supervision of the nuclear safety
   Authority                of nuclear facilities;
                        - Control of nuclear materials,          67       37,612       5     6,272                                  1       2,532              0
                            special materials and facilities –
                            i.e. items that might be abused in 1*
                            certain circumstances and used for

107
      The 2001 data are absolute figures indicating the planned numbers of staff and expenditures.
108
      The 2002 – 2004 data indicate an increase and/or decrease on the previous year's figure.


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National Programme for the Adoption of the Acquis 2001                              Industrial Policy


INSTITUTION                 COMPETENCIES                                  2001107                       2002108            2003
                                                                 No. of     Expenditur No.              Expenditur No.     Expenditur No.
                                                                 staff      es [SKK    of               es [SKK    of      es [SKK    of
                                                                            '000]      staff            '000]      staff   '000]      staff
                         other than peaceful purposes.
Others
 Ministry of Foreign Slovakia's foreign policy                  1*
   Affairs
 Office of the       Approximation of law                       2*
   Government
 Slovak Trade Union                                             1*
   of Energeticists
 Slovak Academy of                                              2*
   Science
 Slovak Chamber of                                              1*
   Commerce and
   Industry
 Union of towns and                                             1*
   communities of
   Slovakia
                      TOTAL:                                     161        89,868            106       632,914    36      849,002    38

Notes:
* Staff in charge of administrative aspects related to the implementation of the acquis under
the chapter Energy
/a – the Office is expected to be established on 1 July 2001
Chapter 15: Industrial Policy

Accession negotiations on Chapter 15 – Industrial Policy – were preliminary closed in
October 2000. The Ministry of Economy is in charge of the implementation of the acquis in
this field.

One of significant achievements of the Slovak economy is the invitation of Slovakia to accede
to the OECD Convention, which was signed in Paris on 28 September 2000.

Compatibility between the Slovak industrial policy principles and the EU principles and
practice is secured through the application of documents entitled Elaboration of the
European Union’s Industrial Policy Principles in the Conditions of the Slovak Republic
and the Medium-term Priorities of the Slovak Republic’s Economic Policy. Increase of the
competitiveness of the Slovak industry, a necessary precondition for accession, is secured
mainly through the implementation of the Strategy for Encouraging of the Inflow of
Foreign Direct Investment into the Slovak Economy, the Financial Restructuring of
Banks and the Corporate Sector, the Concept for the privatisation of state property and
the Application of the Slovak Republic's economic policy in the selected processing
industries, which analysis the parameters of the selected industries along with assumed
prospective up to the year 2004.

In September 2000, the Government adopted paper entitled Improvements to the legal,
regulatory and fiscal frameworks encouraging investment, which was prepared on the

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National Programme for the Adoption of the Acquis 2001                               Industrial Policy


basis of a study drew up in co-operation with the World Bank. This study identified possible
improvements to the legal, regulatory and fiscal frameworks that would increase and improve
investments. To achieve this objective, it contains a set of recommendations in the areas of
fiscal policy, the registration of companies, certification, the judiciary, labour law, the
environment and intellectual property.

The estimates of foreign direct investment indicate that the Slovak Republic should receive
SKK 120 – 122 million in the year 2001 if the transformation and the sale of a stake in SPP
Company are successfully completed.

On 17 January 2001, the Government adopted a resolution on the principles, achievements
and future direction of economic policy.

In respect of privatisation, the Government adopted the following papers:

   Outline of the plan for the privatisation of Transpetrol Company (Resolution No 730/2000
    of 13 September 2000);

    Deloitte&Touche was selected as the privatisation advisor. 49% stake in Transpetrol
    Company should be sold by the end of October at the latest. The buyer has to meet the
    specified criteria, notably to guarantee oil supplies to Slovnaft, to stabilise oil transport to
    the Czech Republic and to increase the Company's transport capacity.

   The outline of the plan for the privatisation of SPP Company (Resolution No 577/2000 of
    12 July 2000). Credit Suisse First Boston has been selected as the privatisation advisor for
    the Company.

   Draft model for the transformation of the Slovak electricity sector and the privatisation of
    stakes in electricity companies (Resolution No 758/2000 of 27 September 2000)

   Timetable of accelerated privatisation (Resolution No 87 of 31 January 2001), which
    specifies schedules and relevant dates in respect of the privatisation of certain state-owned
    companies and facilities.

The competitiveness of the Slovak economy is also enhanced due to the application of
legislation, notably the State Aid Act, the Act on Technical Requirements for Products
and Conformity Assessment, the Public Procurement Act and the amendment to the Act
on the Transfer of State Property to Other Persons, which enabled the privatisation of
natural monopolies. Another important legislation facilitating the restructuring of banks and
the corporate sector (along with the adopted amendment to the Banking Act) is the
amendment to the Bankruptcy and Composition Act, which entered into force on 1
September 2000.

The main co-ordinator of the creation and formulation of Slovakia's industrial policy is the
Ministry of Economy. The following are the key responsibilities of the Ministry:

1. The formulation of industrial policy;
2. The monitoring of the Slovak industry's internal and external environment;
3. The regular updating of industrial policy taking into consideration the latest information
   acquired from permanent monitoring and updating activities;


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National Programme for the Adoption of the Acquis 2001                                             Industrial Policy


4. Co-operation with the relevant ministries in the process of drafting modifications to
   legislation.

In addition to the Ministry of Economy, the institutional framework relating to the chapter of
industrial policy is composed of:

Slovak Benchmarking Information Centre – The Centre was included into the organisational structure of the
Ministry of Economy on 1 January 2000. During the first year of the Centre's operations, discussions were
held with several foreign counterparts. Co-operation with the German benchmarking centre of Frauenhofer
Institute, Berlin, has yielded the most positive results in the form of a project for the operation of the Centre.
The Slovak project partners are Ekonomservis and the Slovak Productivity Centre. Like in the previous
period, efforts seeking to obtain funds from state budget failed in 2001. Such funds would help the Centre
carry out intensified work and train its staff. And thus the Centre is not able to operate as a full-fledged
benchmarking information centre. However, The Centre is designed to carry out the following activities:

- networking with international benchmarking centres on a global basis;
- the preparation of analysis, studies and outlines necessary to improve the competitiveness
  of Slovakia's industry and economy and the provision of guidelines in respect of the above
  mentioned to the relevant units of the Ministry of Economy;
- the provision of technical consultancy for the implementation of benchmarking projects;
- the provision of access to companies and other persons to the SICB databases, literature
  and the implemented benchmarking studies and the provision of updated information on
  benchmarking projects in Slovakia;
- the provision of assistance designed to find and select appropriate benchmarking partners;
- the provision of technical assistance to the organisation of benchmarking events (seminars,
  workshops, etc.).

Slovak Consolidation Agency, JSC – The Agency was set up in 1999 as a specialised
financial agency administering the portfolio of non-performing loans.

The key role of the Agency is to accelerate the settlement of claims transferred from other
banks to the Agency and to achieve the highest possible rate of debt recovery. The pursuit of
these objectives will help to reduce the number of insolvent companies, to unfreeze cash
flows, to give chances to companies capable of restructuring as well as to reduce the fiscal
costs of the restructuring of the bank and corporate sectors.

Minding the need of administration and management of debts in an efficient way, the Agency
will also use services rendered by specialised agencies. The Agency will stick to the format of
public tenders when selling assets and administering debts on a contractual basis. The Agency
considers as extremely important the principle of transparency in its internal as well as
external operations. In addition to the standard control mechanisms of a joint-stock company,
the Agency is also equipped with special control bodies such as the Investment Committee,
the Internal Supervision Unit, the Specialist for contract review, the Specialist for ethics, etc.

The proceeds of sale of assets to third parties are to be used to reduce the fiscal costs of the
restructuring of the bank and corporate sectors.

In January 2001, the Government approved a proposal to issue government bonds in 2001 to
restructure banks (Resolution No 46 of 17 January 2001).

More detailed information is available on the following web site: www.konsolidacna.sk.


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National Programme for the Adoption of the Acquis 2001                            Industrial Policy




National Agency for the Development of Small and Medium-Sized Enterprises
(www.nadsme.sk) – The Agency was established along with a network of Regional and
Advisory Information Centres and Business and Innovation Centres. The key role of the
Agency is to co-ordinate all activities seeking to support small and medium-sized enterprises
at the international, national and local levels. It co-ordinates activities designed to support
SMEs and serves as a comprehensive information centre for companies. Furthermore, it
organises training and advisory programmes and implements a wide range of financial
support programmes for SMEs.

Agency for Industrial Development and Revitalisation (www.phareaidr.sk) – The Agency
launched its operations in the field of restructuring in 1996 aimed at debt reconciliation
between debtors and creditors, debt service and company restructuring. The Agency is also in
charge of the implementation of the SPEED Programme (Slovak Programme for
Overindebted Companies), which was launched in 1997 and ended in 2000.

         The purpose of the programme is to support the development of a market economy
         that would be able to withstand competition following Slovakia's accession to the
         European Union. The Agency provides advisory services, notably in respect of
         diagnostics, restructuring strategy, financial and tax advisory services, cash and debt
         management, cost accounting, company evaluation, market and competition analysis,
         manufacturing process assessment, including the sale of excessive assets, investment
         plans, environmental audits, organisation, human resources and training, networking
         and negotiations with foreign partners, etc.

The Agency for Industrial Development and Revitalisation is co-funded by the Phare
Programme (50 per cent) and Slovak sources (50 per cent; state budget and the National
Property Fund). The Agency has 20 – 30 staff members. Currently, the last funds are being
advanced and the decision as to the future of the Agency has not yet been made.
Slovak Post-Privatisation Fund – The Fund was set up in co-operation with the EBRD and
the European Union to assist in the restructuring of private businesses that temporarily find
themselves in a crisis situation.
Innovation Fund – This non-investment Fund was established in 1997 to support
innovation development in the corporate sector through financing research and
development projects.

State Aid Office and Public Procurement Office (www.uvo.gov.sk) – These two offices
significantly influence the competitive environment in industry. The State Aid Office was
established by operation of the Act on State Aid (effective as of 1 January 2000) and the
Public Procurement Office was established on the basis of the Public Procurement Act as of 1
January 2000.

Slovak Agency for the Promotion of Trade and Investment (www.sario.sk) – The Agency
was set up in August 2000 as a result of the transformation of the Slovak National Agency for
Foreign Investment and Development. The Agency's main activities relate to the
dissemination of information on foreign trade, organisation and promotion of export activities
and inflow of foreign investments.



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National Programme for the Adoption of the Acquis 2001                           Industrial Policy


Office for the Regulation of Network Industries – The Office will be set up on the basis of
the Act on the regulation of network industries (which will come into effect on 1 January
2002) as a regulatory body responsible for the energy sector and other sectors, if special laws
provide so. In March 2001, the Government approved the Act on the Regulation of Network
Industries. The regulatory office will be set up by operation of this Act on 1 January 2002.
However, the Office will launch its operations in 2003. It will be funded by state budget.

Short-term priorities

   ensure human and financial resources for the operation of the Office for the Regulation of
    Network Industries
    Date: 1 January 2002

   complete the privatisation of VUB Bank, IRB Bank, Bank Slovakia, insurance company
    Slovenska poistovna, SPP Company, Transpetrol Company, SAD Company and regional
    distribution electricity companies
    Date: 31 December 2001

Medium-term priorities

   complete the privatisation of SE Company (Slovenske elektrarne)
    Date: 31 December 2002

   complete the privatisation of state-owned water and sewage companies
    Date: 30 June 2002




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National Programme for the Adoption of the Acquis 2001          Telecommunications and Information Technologies




       Administrative and financial requirements

INSTITUTION                      COMPETENCIES                                              2001109                2002110              2003
                                                                                  No. of Expenditure No.           Expenditur No. of   Expenditu No. of
                                                                                  staff  s [SKK      of            es [SKK    staff    res [SKK staff
                                                                                         '000]       staff         '000]               '000]
      Ministry of               Co-ordinator of the formulation of               10     3,740       0             300        0        300       0
       Economy                   Slovak industrial policy
      Slovak                                                                     2         0            3         2,000      7        1,000     7
       Benchmarking
       Information Centre
      Slovak                    To speed up the recovery of non-                 54        0            -         -          -        -         -
       Consolidation             performing loans
       Agency, JSC
       /a
      National Agency    Support to the business environment                     31        2,300        1         800        0        300       0
       for the            of SMEs
       Development of     Revitalising subject supporting
       SMEs /b            companies
      Agency for         Agency supporting revitalisation and                    19        1,400        -1        2,200      0        300       0
       Industrial         companies in bankruptcy, the
       Development and    restructuring of industry. It is funded
       Revitalisation     by the Phare Programme and state
                          budget.
      Slovak Post-       The Fund supports the restructuring of                  3         0            0         0          0        0         0
       Privatisation Fund private companies that temporarily
                          find themselves in a crisis.
      Innovation Fund    This non-investment Fund supports                       1         0            0         50,000     2        20,000    2
                          innovations in the business sector
                          through financing research and
                          development projects.
      Public Procurement The Office supports the competitive                     Data indicated in
       Office             environment in industry.                                Chapter 1
      Slovak Agency for The Agency disseminates information                      30      25,000         5         3,000      4        4,000     4
       the Promotion of   of foreign trade, promotes exports and
       Trade and          inflow of investment.
       Investment
      Office for the     This independent regulatory body                        Data indicated in
       Regulation of      should be in charge of all the existing                 Chapter 14
       Network Industries regulatory activities (licensing and
       c/                 control powers), including price
                          regulation.
                          TOTAL:                                                  250       32,440       8         58,300     13       25,900    13

Notes:


109
      The 2001 data are the absolute figures in terms of the planned number of staff and expenditures.
110
      The 2002 – 2004 data represent an increase and/or decrease on the previous year's figure.


                                                         281
National Programme for the Adoption of the Acquis 2001      Telecommunications and Information Technologies


/a - Slovenská konsolidačná is to merge with Konsolidačna Bank. For this reason,
administrative and financial requirements cannot be quantified.
/b – Requirements for state budget include contributions to salaries, which are to go up by 10
per cent according to the applicable agreement.
/c – The Office is to start operate on 1 May 2001. It should be financed by fees paid by
regulated companies from the year 2002.
CHAPTER 16: SMALL AND MEDIUM ENTERPRISES

Within the framework of negotiations on the Slovak Republic's accession to the European
Union, chapter no. 16 - Small and Medium Enterprises, was provisionally closed in May
2000. The responsibility for this chapter is held by the Ministry of Economy, which carries
out activities in the area of promoting small and medium enterprises (SME) through the
National Agency for the Development of Small and Medium Enterprises
(www.nadsme.sk).

In some parameters, such as share of GDP and employment, small and medium enterprises
(SME) have achieved results approaching those in EU countries.111

The legislative environment for the area of small and medium enterprises in the Slovak
Republic consists of:

         State Aid Act No. 231/1999 Coll.,
         Income Tax Act No. 366/1999 Coll.,
         Commercial Code No. 513/1991 Coll.,
         Trade Law No. 455/1991 Coll.

State Aid Act No. 231/1999 Coll., which specifies the forms and types of state aid for the
entrepreneurial sphere, entered into force on 1.1.2000. The implementation of this act is
carried out through the State Aid Office. The implementation of this act showed some
problems and shortcomings in application, which are currently being addressed through the
preparation of an amendment.

The categorisation of SME was also newly defined in the state aid act. It is identical with the
Commission Recommendation no. 96/280/EC of 3 April 1996 concerning the definition of
small and medium-sized enterprises112. Through this, the Slovak Republic’s definition of SME
was fully harmonised with the EU.

Income Tax Act No. 366/1999 Coll. effective from 1.1.2000 has helped to reduce the
legislative and administrative complexity of SME by decreasing tax rates and enabling a
specified group of entrepreneurs to pay lump tax without the need for bookkeeping.
Entrepreneurs who started to operate after 1.1.2000 will be provided with a 100% lump tax
relief for the first two years and 50% relief in the third year of operation.

Through the adoption of Act No. 466/2000 Coll., which amended Income Tax Act No.
366/1999 Coll. as amended by later regulations, the entry of foreign investment was made

111
    In Slovakia, SME’s share of GDP is approx. 58% and employment approx. 56%. In the EU, SME’s share in
the generation of GDP is approx. 60% and employment approx. 66%.
112
    The categorisation of SME is described in detail in List A for the bilateral screening, which took place on
4.3.1999 in Brussels.


                                                     282
National Programme for the Adoption of the Acquis 2001      Telecommunications and Information Technologies


more attractive through an income tax reduction if the foreign investor’s share is at least 60%
and the volume of investment amounts to 4.5 MEURO, 3 MEURO or 2 MEURO according to
the criteria stated in this law.


On 1 January 2001, three amendments to Income Tax Act No. 366/1999 Coll. (Act No.
358/2000 Coll., Act No. 385/2000 Coll. and Act No. 466/2000 Coll.) entered into force.




On 13 September 2000, the Government adopted Resolution No. 726/2000 concerning the
Report on the State and Development of Small and Medium Enterprises in 1999.

Assistance and guarantee programmes for the promotion of small and medium-sized
undertakings are implemented through the guarantee and development bank Slovak
Guarantee and Development Bank, State Credit Institution, On 27 September 2000, the
Government approved the following guarantee and credit programmes of Slovenská
záručná a rozvojová banka, š. p. ú. Bratislava through Resolution No. 759/2000 Coll. in
accordance with State Aid Act No. 231/1999 Coll.:

1. Programme to Support Small and Medium Enterprises through the Provision of Bank
   Guarantees and Financial Credits,
2. Programme to Support Small and Medium Enterprises through the Provision of
   Guarantees for Foreign Loans,
3. Programme to Support Small and Medium Enterprises through the Provision of Bank
   Guarantees for "Pre-Mortgage Loans",
4. Programme to Support Flat Construction through the Provision of Bank Guarantees for
   Loans,
5. the Podpora (Support) Credit Programme,
6. the Región (Region) Credit Programme;

Through Resolution No. 779 of 27 September 2000, the Government approved the following state programmes
to promote small and medium-sized enterprises between 2000 and 2005:

1.    Support Loan Programme,
2.    Micro-loan Programme,
3.    Slovak Republic's participation in the "Third Multiannual Programme for Small and Medium Enterprises",
4.    Technology Transfer Programme,
5.    Advice Programme for Small and Medium Entrepreneurs,
6.    Programme for the Implementation of Quality Management Systems - QUALITY,
7.    Programme to Support International Co-operation - SUBCONTRACTING,
8.    Education and Training Programme for Small and Medium Entrepreneurs,
9.    "Monitoring and Research in the Field of SME" Programme,
10.   Education, Training and Advice Programme for Selected Groups of Potential and Start-up Entrepreneurs;


Short-term priorities




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      In connection with the fulfilment of recommendations from the Accession
Partnership, the following short-term priorities will be implemented in 2001 and 2002:

1. Technical assistance – preparation of state policy for the promotion of SME and
   simplification of the payment of contributions to insurance funds. The aim of the technical
   assistance is to assess the efficiency of individual instruments of the State Medium-Term
   Policy for the Promotion of SME between 1997 and 2000 and propose new instruments
   and measures for this policy for the 2001-2005 period, which should focus primarily on
   the approximation of the entrepreneurial environment to the conditions in the EU in
   connection with the expected accession of Slovakia to the EU and elaboration of a
   proposal aimed at reducing the administrative complexity of the payment of contributions
   to individual insurance funds for entrepreneurs by creating a single collection point.

2. Grant scheme – promotion of organisations associating entrepreneurs. The main objective
   of the grants is to support non-profit institutions associating small and medium
   undertakers on vocational or interest basis, at the state, regional or local levels. The
   support should be focused on improving the strategy, structure and managerial skills of
   various SME associations, unions and guilds, extending their membership, enhancing their
   infrastructure, strengthening the internal and external capacity for promoting their
   interests, and internationalisation

Medium-term priorities
 To strengthen the position and stimulate the growth of SME, the Slovak Republic has adopted 3 state
  programmes:


1. State Programme 1: Support Loan Programme - the programme is designed for small and
   medium enterprises employing up to 250 employees operating in the area of
   manufacturing, crafts, services and active tourism. Entrepreneurs meeting the programme’s
   criteria can request a 5-year loan of a maximum of SKK 5 million. The interest rate is
   11.3%. Finance amounting to SKK 600 million (200 million from the state budget, 200
   million from Phare, 200 million from commercial banks) + SKK 350 million from the
   revolving facility is counted on for 2001.

2. State Programme 2: Micro-loan scheme - a programme designed for small businesses -
   micro-businesses employing up to 10 employees. The key goal of the programme is to deal
   with the problem of access of small enterprises in regions to small loans. The maximum
   volume of the 3 year loans is SKK 500 000, minimum SKK 50 000. The interest rate is
   11.3%. Finance amounting to SKK 90 million (SKK 15 million from the state budget and
   SKK 75 million from PHARE) is counted on for 2001.

3. State Programme 3: Advisory Services for SME - the NADSME provides advisory services
   to SME through the network of 12 regional advisory and information centres (RAIC) and 4
   business and innovation centres (BIC), which provide start-ups and existing businesses
   with comprehensive expert advice on all areas related to entrepreneurial activities.
   Finance amounting to SKK 33.9 million (SKK 11 million from the state budget and SKK
   22.9 million from PHARE) is counted on for 2001.
   These state programmes are expected to continue between 2002 and 2004.



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 In order to increase the competitiveness of SME, the Slovak Republic has adopted the following
  programmes:

1. State Programme 4: Technology Transfer Programme, 2nd and 3rd stage - the
   programme’s goal is the creation of an effective mechanism to support the development
   and application of progressive technology respecting environmental criteria. The building
   of an information system, ensuring the availability of information on the existence and
   accessibility of innovative technologies and on the latest developments in individual areas,
   forms a part of the project.
       Finance amounting to SKK 5 million from the 2000 state budget is counted on for
       2001.

2. State Programme 5: Programme for the Implementation of Quality Management Systems
   - the programme’s goal is to improve the quality of products and services in the small and
   medium enterprise sector and increase the number of small and medium enterprises
   certified with ISO 9000.
   Finance amounting to SKK 5 million from the 2000 state budget is counted on for 2001.

3. Seed Capital, s.r.o. - a risk capital fund, which is a 100% daughter company of the
   NADSME. The programme’s goal is to enable the establishment and development of new
   small and medium enterprises and advance the operation of existing enterprises. Innovative
   projects from the field of industrial production, production services and active tourism are
   given preference in the investments. No funds were allocated in 2000 and 2001.

    These state programmes are expected to continue between 2002 and 2004.


The acceleration of internationalisation and penetration of new markets are promoted by:


1. Subcontracting Exchange of Slovakia (SBS). It provides exact information and high
   quality services to foreign companies, in particular in their search for and identification of
   suitable partners for co-operation in manufacturing and trade, on the basis of their
   requirements. Finance amounting to SKK 2 million from the 2000 state budget is counted
   on for 2001.


Within the framework of the Third Multiannual Programme for SME, the Slovak Republic is
participating in the Euro-Info Centre programme. The activities of the Euro-Info Centres
(EIC) in Bratislava and Prešov lie in the provision of information to small and medium
enterprises, the operation of systems for the mediation of co-operation between domestic and
foreign businesses, the organisation and support of Slovak enterprises’ participation in expert
events both abroad and at home, and monitoring the business environment.

The National Agency for the Development of Small and Medium Enterprises
(NADSME), which, together with the network of Regional Advisory and Information
Centres (RAIC) and Business and Innovation Centres (BIC), forms the basic institutional
instrument for the promotion and development of SME, plays the role of a co-ordinator of all
activities aimed at promoting small and medium-sized undertakings at the international,
national and local levels. It co-ordinates activities oriented on the encouraging of SME


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development and serves as a comprehensive information centre for entrepreneurs, organiser of
educational and advisory programmes and implementer of a wide range of financial support
programmes for SME. At the national level, there are associations and unions such as the
Slovak Chamber of Craftsmen, Association of Entrepreneurs, and the Slovak Craftsmen's
Union (provides roof to vocational groups of entrepreneurs – guilds). At the regional level,
there are regional development agencies and Regional Advisory and Information Centres.

In 1996, the Foreign Trade Support Fund (FTSF) (www.fpzo.sk) was set up as a non-state
special purpose fund. It helps to develop foreign trade relations, particularly in the area of
export and for the benefit of small and medium enterprises. The fund collects finance from the
business sphere and a state budget contribution for the support of foreign trade on the
principle of solidarity.

In October 1999, the Foreign Trade Support Fund set up the WIC (Web Information
Centre) database, which serves as a communication channel between foreign territories (the
Slovak Republic’s missions abroad) and Slovak exporters. It provides potential exporters with
information on territories, demand for goods and tenders. This information system is able to
automatically pair Slovak and foreign enterprises’ demands and offers. The Fund pays for
annual access to the WIC system on behalf of 4000 SMEs.

In connection with an amendment to Act No. 162/1998 Coll. on the Foreign Trade Support
Fund, the Fund is currently being transformed and its organisational structure and focus are
being changed.

The Council of the Government for Small and Medium Enterprises was established in
1999. It was set up as an advisory body to the Government whose role is to co-ordinate
support for SME at the level of governmental bodies. Economic ministries, the Parliament,
entrepreneurial associations and institutions engaged in the promotion of SME are represented
on the Council. The Council’s goal is to secure the simplification of the legislation and
administrative framework for SME in Slovakia.

The Export-Import Bank was established on 1 July 1997 on the basis of Act No. 80/1997 Coll. on the Export-
Import Bank of the Slovak Republic. The EXIMBANK supports export and import activities of exporters and
importers by financing export credits with the aim of increasing the competitiveness of domestic products and
promoting economic exchange between the Slovak Republic and foreign countries. Since 1.1.2000, the
EXIMBANK has extended its volume of financing in a special programme proposed for SME.

Administrative requirements
The National Agency, being the national centre for the co-ordination of all types of support
for SME and monitoring of the business environment and development of SME, needs a
reliable information base for the submission of proposals aimed at improving the business
environment, preparing prognoses and evaluations of adopted measures for the Government,
as well as providing the relevant data on SME to international institutions (EU, OECD,
UNIDO, etc.).

The project for the building of the SME Environment Research Centre at the National
Agency for the Development of Small and Medium Enterprises anticipates that the
implementation of the programme will be launched with 6 employees and a budget of SKK



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8.4 million in the first year of operation. They would participate in the following selected
activities:

   concentration of all available information on SME, for which co-operation with the
    Statistical Office, DataCentre, the Customs Directorate, Central Tax Office and the
    relevant registers will be utilised,
   processing and analysis of the required aspects of data,
   proposal for the optimisation of the collection of data necessary for assessment,
   processing of surveys on SME,
   acquisition of information from unofficial sources and polls, their analysis and
    comparison with official data,
   co-operation with research teams from universities and research units dealing with this
    area;

This activity should create conditions for partner talks with foreign institutions and
possibilities for participation in foreign projects within the framework of the EU. This would
also provide us with access to additional resources to broaden and deepen our activities.

The finance for the building of the SME Environment Research Centre has been requested
from the 2002 state budget within the framework of the "Monitoring" state programme. It is
expected to be built in stages, between 2002 and 2004, depending on the allocation of finance
from the state budget.

    FINANCIAL REQUIREMENTS

The financing of the promotion of SME fully fits into the overall context of state budgetary expenditure.
However, the insufficient volume of funding for this area continues to be a problem.

The financial requirements for the elaborated priorities and building of the SME Environment
Research Centre are annually exacted and presented to the Government and Parliament. The
finance available for approved state programmes in 2001 amounts to SKK 275 million (SKK
50 million from the 2001 state budget and SKK 225 million from the 2000 state budget)

The specification of resources from the PHARE programme for the 2000-2002 period is based
on the finance available from 1999 Financing Memoranda (SME).

State                                           Financial needs in millions of SKK
support programmes                         2000                2001                 2002
                                      State     Phare    State     Phare       State   Phare
                                     budget             budget               budget
Third Multiannual Programme
    for SME in the EU
                                         8           -          8           -          8           -
Support Loan Programme                  200        200          *          *            *          *
Micro-loan Scheme                        -          -          15          75          15          7
Advisory Services                        5         3.6          6         19.3         15          9
Technology            Transfer           5          -           -           -          40          -
    Programme
Quality Management System
                                         5           -          -           -          7           -
Implementation Programme


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Seed Capital Company                     -           -          -          -          40         42
Subcontracting                           2           -          -          -           7          -
Information     Centre      for
    Entrepreneurs
                                         -           -          6          -           -          -
Support for SME through a
    network of incubators and
    the research-based spin-off
                                         -           -         15          -           -          -
    method
Funds for the institutional framework
SME Environment Research                                                             8.4
   Centre (Monitoring)                   -           -          -          -                      -
                                                                                    0.5**

* Thanks to the capital accumulated in 2001-2002, this programme will be implemented
  using its revolving facility.
** capital expenditure



Chapter 17: Science and Technology
Current state

The area of science and technology in Slovakia is in the overall competence of the Ministry of
Education of the SR (http://www.education.gov.sk). Chapter 17 was provisionally closed in
May 2000.

The legislation in the area of science and technology is not binding in the European Union.
EU Member States have their own internal legislative tools to carry out state policies for the
promotion of the development of science and technology. The common policy of the EU in
the area of science and technology is currently reflected in the EC Framework programmes
for research and development, which are a certain upgrade to the individual policies and
programmes in the area of science and technology of the individual countries. Slovakia's full
membership in the 5th Framework programme confirms that the conditions in the area of
science and research in the Slovak Republic are fully harmonised with the acquis. However,
the EU has already approved a long-term common strategy of science and technology in
Europe (European Research Area/ERA), which unlike the previous framework programmes
has the goal to directly align policies, priorities and objectives of individual countries in the
area of science and technology with the Europe-wide interest. Slovakia subscribes to this idea
and all activities of the Ministry of Education of the SR concerning science and technology -
be it in the area of legislation, organisation, funding and prioritisation - are in line with this
idea. The concept of the new framework programme is also based on the ERA idea.

The Slovak Republic has successfully participated in the 5th Framework Programme of the
EU for Research, Technology Development and Demonstration Activities and paid its
membership due for the year 2000 and the first part for the year 2001. In the course of our
participation in the 5th FP to date (since 1 September 1999 to February 2001) 85 proposals
were adopted, coming from 62 entities in the SR, while the direct financial benefit from the
contracts for these entities totalled approximately EUR 7.97 million. The programme is still
running and our entities continue to prepare proposals of new tasks.

On 5 April 2001 the Parliament adopted Act No. 1343 on the Agency for the Support of
Science and Technology. The Agency will be financed from the state budget and will be


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responsible for the support of research and development tasks and the promotion of
international co-operation in science and technology based on intergovernmental agreements
and international programmes of research and development.

On 20 March 2001 the Legislative Council of the Government deliberated the draft law on
the Slovak Academy of Sciences and recommended the Government to adopt the draft in the
wording as amended by the Legislative Council of the Government. The goal of the draft is to
enshrine in legislation and further the transformation of the Slovak Academy of Sciences,
based on the concept of state science and technology policy and the orientation of the
European research area.

The Legislative Council of the Government discussed the draft law of science and
technology on 20 March 2001. It regulates the relation of the state to science and technology,
the status, mission and function of science and technology in society and the means to co-
ordinate the development of research and development. After deliberating the draft, the
Legislative Council returned the text to the submitting entity for fine-tuning, while the new
draft will be deliberated again.

Short-term priorities

   establish the Agency for the Support of Science and Technology
    Date: 1 July 2001

Medium-term priorities

   successful participation of the Slovak Republic in the new Framework programme for
    science and technology
    Date: ongoing

   active participation of the SR in the implementation of the European Research Area
    Date: ongoing

Administrative requirements

In relation to the management of the participation of the Slovak Republic in the research
projects of the EU it is necessary to hire two new staff for the Department of International Co-
operation in Science and Technology of the Ministry of Education in 2002, one new member
of staff in 2003 and one new member of staff in 2004.
In relation to the establishment of the Agency for the Promotion of Science and Technology,
the total number of staff for 2001 is planned to be 15. That means the start-up activities of the
agency will be performed by 7-9 experts in 2001. Other staff will be service and assistant
personnel, inevitable for the administration of the agency. Ten new staff will be hired in the
year 2002. (To cover all tasks of the agency it is considered to create a total of 25 jobs -
employees of the agency. Out of this number ca 8 should be assistant and service staff -
administration, finance department, etc. and 17 should be experts, including the director and
the secretariat of the agency).
Financial requirements




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The new staff hired for the Department of International Co-operation in Science and
Technology of the Ministry of Education in order to manage the participation of the Slovak
Republic in research projects of the EU in the year 2002 will result in increased costs by SKK
860 thousand as compared with 2001 (data in the table show year on year increase).

The total costs for the establishment of the Agency for the Support of Science and
Technology will be SKK 141,190 thousand in 2001. The costs of the Agency for the
following years are included in the table (data in the table is in absolute figures).

The Slovak Republic is obliged to contribute for its participation in the science and research
programmes of the EU. The cost of this participation is shown in the table.




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Data in the table is in SKK thousand.
                                                 2001             2002             2003             2004
new staff hired for the Department                4,210              860              460               500
of International Co-operation in
Science and Technology of the
Ministry of Education in relation
to managing the participation of
the Slovak Republic in research
projects of the EU
costs of the Agency for the                    141,190          300,000          458,000           612,000
Support of Science and
Technology
Membership dues from the state                 165,515          211,053          229,882           229,882
budget for the 5th Framework
programme of the EU for research
and development (as of 2003 for
the new Framework programme)
(*)

(*) Note: Membership dues for the new Framework programme (i.e. for the years 2003 and 2004) are only
estimates using the methodology applied in the years 1999 - 2000 when Slovakia had membership dues reduced
by 30% and half of the remaining amount was covered from the PHARE funds. With regard to the fact that the
6th Framework programme has not yet been adopted nor was the methodology to calculate membership dues,
nor can we assess realistically, whether there will be a contribution from the PHARE funds, the membership
dues to be paid from the state budget can range around the indicated SK 230 million annually to double that
amount.
Chapter 18: Education, Vocational Training and Youth
Current state

The area of education, vocational training and youth in Slovakia is in the overall competence
of the Ministry of Education of the SR (http://www.education.gov.sk). Chapter 18 was
provisionally closed in May 2000.

Harmonisation of the Slovak legislation with the acquis will be achieved upon adopting a new
law on higher education, which shall take effect as of 1 January 2002 and a new law on
education and training that shall take effect as of 1 September 2002.

Following its successful participation in the programmes Socrates, Leonardo da Vinci and
Youth for Europe III and based on the decisions of the Association Council of the SR/EU of
July and September 2000 the Slovak Republic became a participant in the next stage of the
EU programmes in the area of education, vocational training and youth - Socrates II,
Leonardo da Vinci II and Youth. Within the centralised projects the European Commission
approved two co-ordinating projects and 19 partner projects for the Socrates II programme.
As for Leonardo da Vinci II a total of 28 mobility projects, 2 pilot projects contracted in the
SR and 16 partner projects were approved. For the Youth programme 107 projects of 4 types
were approved.

Projects of the PHARE programme constitute an important contribution towards the
development of education and vocational training in the process of Slovakia's preparation for


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EU integration. The education sector is involved in drafting and implementing projects
concerning the education of ethnic Roma.

Given the fast development and progress of information and communication technologies
(ICT), it is necessary to ensure the acquisition of skills and experience in ICT for teachers,
students and pupils in the context of Slovakia's preparation for EU membership in the area of
vocational training, education and youth. The Slovak Republic is implementing the project
INFOVEK (INFOAGE) focused on establishing Internet/multimedia classrooms in all
primary and secondary schools, developing educational software and training for teachers in
the use of modern ICT. The Slovak Republic will submit within the NP PHARE for the year
2002 a project to link schools in Slovakia to the Internet. The support from EU funds would
contribute to a faster and successful introduction of a modern concept of education and
teaching and to a preparation of school graduates for the use of ICT at work. Apart from that
it would be possible to use the experience of EU Member States with similar projects in using
the Internet for teaching more efficiently at all school levels.


Short-term priorities

   adopt law on higher education
    Date: 1 January 2002

   adopt law on education and training
    Date: 1 September 2002

   submit within NP PHARE for the year 2002 a project to link schools in the SR to the
    Internet
    Date: November 2001
Medium-term priorities

   successful participation of the Slovak Republic in the EU programmes Socrates II,
    Leonardo da Vinci II and Youth
    Date: ongoing

   drafting and implementation of PHARE projects focused on the education of ethnic Roma
    Date: ongoing

Administrative requirements

In relation to the harmonisation and implementation of the acquis in the area of education,
vocational training and youth, new tasks of control, monitoring and audit of EU programmes
in training and the running PHARE programmes it will be necessary to hire 4 new staff for
the Department of European integration of the Ministry of Education of the SR in 2002, 2
staff for the Department of Minority Schools and 2 staff for the Legislative Department.

The State Institute of Vocational Training prepares standards for vocational training, ensures
comparability with the EU and the evaluation of vocational training. The Institute will hire 2
new staff in the year 2002 and one new employee in the year 2003.




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In order to successfully participate in the programme Youth it will be necessary to hire one
new employee for the National Agency for the Mobility of the Youth in 2002 (within PRO
Iuventa) and one new employee in the year 2004.


Financial requirements

The hiring of 8 new staff for the Ministry of Education will require SKK 3,452 thousand in
the year 2002, the 2 new staff in 2003 will result in additional costs of SKK 802 thousand and
the two additional staff in the year 2004 will require increased costs of SKK 830 thousand.

The State Institute of Vocational Training will hire two new staff in the year 2002, which will
result in an increase of costs by SKK 785 thousand. The additional employee to be hired in
2003 will cost SKK 396 thousand.

The National Agency for the Mobility of Youth will hire 1 employee in 2002, resulting in
increased costs. The data is in the table.



Data in the table is in SKK thousand (from 2002 increase year-on-year)
                                          2001           2002          2003                      2004
Ministry of Education of the SR            4,509          3,452          802                       830

State Institute of Vocational                      260              785              396             218
Training
National Agency for the Mobility                 3,300              500           258.3          830.5
of Youth




EU Programmes in the area of education (Socrates II, Leonardo da Vinci II, Youth)
                                     2001           2002          2003           2004

Total (in SKK thousand)                    252,169         264,342         274,588         281,900

State budget (in SKK thousand)             103,311         134,207            *              *
                                         3,399,600       2,972,000            *