REPUBLIC OF . 4442 MINISTRY OF AGRICULTURE AND THE ENVIRONMENT ENVIRONMENTAL AGENCY OF THE REPUBLIC OF SLOVENIA

Vojkova 1b, 1000 T: 00386 (0)1 478 40 00 F: 00386 (0)1 478 40 52 DRI E: gp.arso@gov .sl Upravljanje investicij www.arso.gov.si Družba za razvoj infrastrukture , d.o.o.

Received: 14 February 2014 Number: 35402-2/2012-96 Date: 13 February 2014 Number: Not

Based on the fourth paragraph of Article 8 of the Decree on bodies affiliated to ministries (Official Gazette of the Republic of Slovenia no. 58/03, 45/04, 86/04 -ZVOP-1, 138/04, 52/05, 82/05, 17/06, 76/06, 132/06, 41/07, 64/08 - ZViS-F, 63/09, 69/10, 40/11, 98/11, 17/12, 23/12, 82/12, 109/12 , 24/13, 36/13 in 51/13) and the second paragraph of Article 61 of the Environment Protection Act (Official Gazette of the Republic of Slovenia, no. 39/06-ZV0-1-UPB1 , 49/06-ZMetD, 66/06-0dlUS, 112/06- 0dlUS, 33/07-ZPNa črt, 57/08-ZF0-1A, 70/08, 108/09, 48/12, 57/12 in 92/13) considering the second paragraph of Article 39 of the Rules on the assessment of the acceptability of impacts caused by the execution of plans and activities affecting nature in protected areas (Official Gazette of the Republic of Slovenia, no. 130/04, 53/06, 38/1O and 3/11) and the first paragraph of Article 219 of the General Administrative Procedure Act (Official Gazette of the Republic of Slovenia, no. 24/06-ZUP-UPB2, 105/06- ZUS-1, 126/07, 65/08 and 8/10) in the administrative procedure for issuing the environmental consent for the activity of the construction of the second track of the Diva ča– railway line, the holder of the activity: Ministry of Infrastructure and Spatial Planning, Directorate for Railways and Cableways, Langusova ulica 4, 1535 Ljubljana, represented by the minister, Samo Omerzel, who is represented by the authorisation of 10 August 2012 by DRI upravljanje investicij, Družba za razvoj infrastrukture d.o.o., Ulica talcev 24, 2000 Maribor, the Slovenian Environment Agency issues the following

PARTIAL ENVIRONMENTAL CONSENT

l. The environmental consent is issued to the holder of the activity, the Ministry of Infrastructure and Spatial Planning, Directorate for Railways and Cableways, Langusova ulica 4, 1535 Ljubljana, i.e. for the activity: 1. The construction of the second track of the Diva ča–Koper railway line on land plots no.: a. the area of the second track of the railway line with all accompanying arrangements: Lokev cadastral municipality: 2010, 2047, 2048, 2126, 2127, 2138, 2143, 2144, 2145, 2146, 2147, 2187, 2188, 1280/231, 1280/235, 1280/236, 1280/239, 1280/240, 1280/241, 1280/245,1280/247, 1280/251,1632/1,1633/2,1634/4,1645/4,1645/5,1931/2,1934/1,1936/1,1941/378,1941/380,1941/ 385, 1941/387, 1941/389, 1941/390, 1941/4013, 2007/1, 2008/2, 2009/3, 2011/1, 2011/3, 2025/1, 2028/1,2031/2,2035/1,2037/2,2038/2,2049/2, 2050/1, 2063/2, 2064/1, 2065/3, 2065/5, 2066/1, 2085/1, 2086/1, 2087/2, 2090/2, 2092/1, 2128/2, 2129/1, 2132/1, 2133/2, 2136/3, 2137/2, 2140/1, 2142/1, 2142/2, 2185/1, 2186/2, 2190/1, 2190/2, 2300/147, 2300/149, 2300/150, 2300/152, 2300/155, 2300/160, 2300/163, 2300/164, 2300/165, 2300/169, 2300/171, 2300/174, 2300/176, 2300/182, 2300/184, 4506/6, 4529/12, 4529/14, 4529/17, 2065/8, 2066/4, 2091, 2092/2, 2038/1,

Diva ča cadastral municipality: 862, 863, 865, 866, 867, 886, 1043/13, 1043/48, 1043/51, 1043/53, 1043/56, 1043/58, 1043/59, 1043/61, 1050/12, 1050/14, 552/334, 552/335 , 552/338, 784/1, 785/2, 857/1, 859/1, 861/1, 861/3, 864/1, 883/2, 884/5, 884/6, 884/7, 884/8, 887/5, 887/6, 887/8, 888/1, 888/3, 888/9, 890/2, 890/4, 942/23, 942/25, 942/26, 942/28, 942/33, 942/35, 942/36, 942/38, 942/41, 942/45, 942/46, 942/48, 942/49, 884/4, 942/51, 864/2, 942/40, 942/29, 861/2, 1043/64, 871/31, 892/10,

Plavje cadastral municipality: 1232/2, 1232/4, 1233/5, 1233/6, 1233/8, 1234/1, 1236/2, 1236/4, 1236/7, 1237/2, 1237/3, 1237/4, 1237/5, 1238/4, 1238/6, 1239/4, 1245/14, 1245/17, 1245/18, 1245/21, 1245/23, 1245/25, 1246/4, 1246/6, 1340/5, 1422/1, 1423/1, 1424/1, 1425/1, 1426/1, 1427/1, 1428/1, 1429/1, 1430/1, 1431/1, 1433/1, 1434/1, 1435/1, 1436/1, 1437/1, 1438/1, 1439/1, 1440/2, 1441/1, 1442/1, 1443/1, 1444/1, 1445/1, 1446/1, 1447/1, 1448/1, 1449/1, 1450/1, 1451/1, 1452/1, 1453/1, 1454/1, 1455/1, 1456/1, 1457/1, 1458/1, 1459/1, 1460/1, 1465/1, 1466/1, 1467/1, 742/12, 742/14, 742/16, 742/17, 742/19, 742/20, 742/22, 742/24, 744/1, 744/3, 745/4, 746/4, Škofije cadastral municipality: 1361/15, 1370/3, 1374/5, 1749/1, 1750/1, cadastral municipality: 2915, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2941, 2942, 2943, 2707/4, 2729/1, 2730/4, 2731/4, 2732/1, 2734/1, 2736/6, 2736/7, 2736/9, 2737/3, 2737/4, 2737/6, 2738/2, 2738/3, 2739/1, 2890/1, 2910/1, 2911/1, 2912/1, 2913/1, 2914/1, 2916/1, 2916/3, 2925/2, 2925/3, 2930/4, 2931/1, 2932/1, 2933/1, 2934/4, 2934/7, 2938/1, 2939/1, 2940/2, 2944/1, 2952, 2959/1, 2960/1, 2961/3, 2961/5, 2963/1, 2964/3, 2964/6, 2965/1, 2966/1, 2967/1, 2968/1, 2971/3, 2978/2, 2978/3, 2978/4, 2979/1, 2980/3, 2980/4, 2980/6, 2981/4, 2981/5, 2981/6, 2982/3, 2983/3, 2984/3, 2985/3, 2991/3, 3002/1, 3003/1, 3004/1, 3005/1, 3006/1, 3049/4, 3049/6, 3051/1, 3054/3, 3054/5, 3060/1, 3062/1, 3064/2, 3077/3, 3078/3, 3081/6, 3082/1, 3083/1, 3088/4, 3088/6, 3089/3, 3089/4, 3089/8, 3090/2, 3091/1, 3095/1, 3104/2, 3105/1, 3106/2, 3002/3, Črni Kal cadastral municipality: 4041/1, 2655/1, Rožar cadastral municipality: 244/1, 245/4, 251/3, 262/12, 2635/3, 2635/6, Tinjan cadastral municipality: 1842/3, 790/3, 790/6, 790/7, 816/5, 816/7, 816/9, 817/1, Gabrovica cadastral municipality: 1250, 1251, 1252, 1253, 1254, 1263, 1295, 1296, 1297, 1298, 3/1, 5/1, 25/1, 30/1, 31/1, 1/1, 1/6, 2/5, 2/7, 1/9, 1/12, 6/13, *99, 1144/11, 1146/10, 1146/12, 1146/4, 1146/5, 1147/1, 1147/18, 1147/20, 1153/3, 1154/11, 1154/13, 1154/15, 1154/3, 1154/6, 1154/8, 1155/8, 1158/4, 1158/7, 1161/25, 1172/10, 1172/13, 1242/1, 1243/1, 1244/1, 1244/2, 1244/3, 1249/1, 1255/1, 1256/1, 1257/1, 1258/1, 1259/1, 1260/1, 1261/1, 1261/2, 1262/1, 1262/2, 1264/1, 1265/1, 1266/3, 1267/3, 1268/3, 1269/1, 1273/10, 1274/10, 1275/7, 1276/6, 1277/5, 1278/1, 1279/1, 1279/2, 1280/1, 1281/1, 1286/11, 1293/1, 1294/1, 1299/1, 1300/1, 1305/1, 1306/1, 1307/1, 1354/4, 1355/4, 1356/6, 1357/11, 1357/13, 1357/15, 1357/17, 1357/19, 1358/11, 1358/12, 1358/13, 1358/15, 1358/4, 1358/5, 1358/6, 1358/7, 1358/8, 1359/13, 1359/15, 1359/17, 1359/19, 1359/2, 1359/21, 1360/1, 1360/4, 1361/10, 1362/10, 1362/13, 1362/15, 1363/1, 1364/1, 1365/6, 1366/1, 1367/11, 1367/12, 1368/1, 1369/5, 1371/1, 1381/1, 1383/1, 1384/1, 1385/4, 1385/5, 1386/4, 1386/5, 1387/4, 1388/4, 1389/4, 1390/4, 1391/1, 1392/1, 1392/5, 1393/1, 1398/5, 1399/3, 1422/10, 1422/12, 1422/4, 1424/3, 1425/1, 1426/1, 1427/1, 1428/1, 1448/1, 1449/1, 1450/1, 1451/1, 1452/1, 1454/1, 1455/1, 1456/1, 1457/1, 1457/2, 1458/1, 1458/2, 1459/1, 1460/1, 1461/3, 1464/1, 17/21, 17/23, 17/25, 17/27, 17/29, 17/32, 32/1, 33/2, 34/1, 36/1, 37/1, 38/1, 39/1, 40/1, 41/3, 41/4, 42/6, 42/8, 43/12, 43/17, 43/19, 43/5, 44/1, 45/1, 47/1, 47/8, 47/10, 48/11, 48/7, 48/9, 1308/9, cadastral municipality:

834, 1231/1, 2751/1, 2752/1, 2753/1, 2756/1, 2757/1, 2758/1, 2758/4, 2758/5, 2758/6, 2759/1, 2759/5, 2764/1, 2765/1, 2765/4, 2766/1, 2767/1, 2768/1, 2769/1, 2770/1, 2771/16, 2777/1, 2778/1, 2778/4, 2778/6, 2778/9, 2779/2, 2779/4, 2785/3, 2807/2, 2808/2, 2809/2, 2809/4, 2810/2, 2810/4, 2811/2, 2811/4, 2812/1, 2812/2, 2819/3, 2819/5, 755/3, 755/5, 756/1, 757/1, 761/10, 761/13, 761/15, 761/17, 761/19, 761/7, 786/3, 793/3, 796/1, 797/12, 797/5, 797/7, 797/9, 798/4, 798/7, 798/9, 799/3, 799/6, 809/3, 829/1, 830/1, 833/1, 836/1, 837/1, 840/1, 841/1, 842/1, 843/3, 845/3, 845/5, 846/1, 862/3, 863/11, 863/3, 863/4, 863/5, 863/6, 863/9, 864/3, 866/1, 867/1, 868/1, 870/1, 876/4, 878/1,

Bertoki cadastral municipality: 5751, 5756, 5757, 5758, 6317, 6319, 6320, 6321, 6322, 5742/3, 5742/5, 5746/1, 5747/3, 5747/5, 5748/1, 5752/1, 5753/1, 5754/1, 5759/1, 5781/1, 5782/1, 5786/3, 5791/4, 5791/6, 5791/9, 5792/11, 5792/13, 5792/9, 5964, 5994/3, 5994/5, 5994/7, 5994/8, 5996/3, 5998/1, 5999/1, 6007/6, 6007/8, 6009/4, 6010/5, 6011/1, 6041/3, 6042/3, 6042/5, 6073/18, 6316/3, 6318/1, 6364/5, 6375/13, 6377/1, 5797/23, 6307/10, b. The areas subject to mitigation measures: c.1 T4T7 road, Osp cadastral municipality: 2769/1, 2768/3 2768/4 2768/5, 916/1 916/2, 2784/3 2784/4, 915/1 915/2, 876/7, 876/8, 2819/3, 2819/7 2819/8, Tinjan cadastral municipality: 960/4, 960/5, 960/6, 960/7, 960/8, 1853/1, 1853/2 1853/3, 876/1, 876/2, 865/1, 865/2, 1842/5 1842/6 1842/7, 850/1 850/2, 1842/8 1842/9, 1841/1 1841/2, 817/3 817/4, 817/5, c.2 Poljska pot T1a2 Lokev:cadastral municipality 2172, 4506/7, 2300/118, 2300/209, 2300/205, 2300/187, 2186/3, 2186/2, 2185/1, 2185/3, 2300/169, 2300/203, 2300/189, 2124/1, 2300/2012089, 2090/1, 2300/199, 2300/197, 2037/1, 2300/155, 2028/1, 2028/3, 2025/1, 2025/3, 2300/153, 2300/150, 2009/2, 2009/3, 201O, 2011/1, 2011/3, 2300/195, 2300/152, 2300/10, c.3 Field path DP1 Dekani cadastral municipality: 3081/6, 2968/1, 2967/1, 2966/1, 2965/1, 2964/3, 2964/6, 2963/1, 3082/1, 2961/5, 2961/3, 2960/1, 2959/1, 3060/1, 2940/2, 2941, 2942, 2943, 3078/3, implementation of passive anti-noise protection during construction: Gabrovica cadastral municipality: 1/1, 1/6, *99, Lokev cadastral municipality: 2300/118, 2172, implementation of passive anti-noise protection during construction: cadastral municipality: 5964, Dekani cadastral municipality: 2991/3, 2952, 2. Intake of excavated material into the ground on land plots no.: 2.1 Ankaranska Bonifika: Ankaran cadastral municipality: 799/29, 2.2 abandoned marl quarry at the old Šmarje road: Semedela cadastral municipality: 3259, 3261, 1613/5, 1613/6, 1614/4, 1625/1, 1628/1, 1629/1, 1629/2, 1629/4, 1630/1, 3260/1, 3262/1, 3263/3, 3266/1, 2.3 Bekovec: Rožar cadastral municipality: 727/19, 727/2, 727/3, 727/4, 727/8, 727/9, 727/10, 728/1, 2348/1, 2351/1, 2351/2, 2351/3, 2351/4, 2351/5, 2352/1, 2352/2, 2352/14, 2352/15, 2352/16, 2354/1, 2354/2, 2354/3, 2354/4, 2354/5, 2354/7, 2354/8, 2354/9, 2354/12, 2354/13, 2354/14, 2355/1, 2355/6, 2356, 2357/5, 2357/10, 2358/3, 2632/7, 2640/23, 2671/3, Črni Kal cadastral municipality:

2680/1, 2680/3, 2682/3, 2683/5, 2683/7, 2685, 2686/1, 2686/2, 2688, 2689, 2690, 2692, 2693/1, 2693/2, 2693/3, 2695/1, 2695/2, 2695/3, 2695/4, 2695/5, 3377/3, 3. Shrinkage of forests: The cutting or shrinkage of forests will be implemented on the narrow area of the activity, on land plots with numbers as mentioned in the Decree on the National Site Plan for the second track of the railway line on the Diva ča–Koper section (Official Gazette of the Republic of Slovenia, no. 43/05).

II. The environmental protection consent is issued under the following conditions during construction: 1. Air protection conditions: - All exits from construction sites and excessive material disposal sites must have a grid, furnished with filters and oil separator; this grid enables that the chassis, wheels and load bins of vehicles are washed before the vehicles drive on the public roads; - Access roads to construction sites and excessive material disposal sites must be coated with bearing asphalt and regularly cleaned without causing dusting; - Transport roads on the construction site must be covered with granulated sand with the purpose of preventing the spread of dust; - Permanent or temporary disposal sites for bulk material are prohibited outside the construction area fence; the areas where works are concluded on the area of the activity must be re-cultivated consistently; - For preventing dusting from the exposed parts of the construction site area and handling surfaces as well as temporary material depots, construction and handling surfaces from which dust particles can spread during dry and windy weather, must be regularly watered and cleaned; - Transport surfaces on the area of regulation and public transport areas must be regularly cleaned; - Tarps must be used at the transport of excess excavated material and mineral fractions of construction material; - High, closed and panel construction area fences must be set up between the construction site of the second track and the nearby residential building Gabrovica 35 and in the Dekani village; - Construction area fences must be set up on individual areas of locations for permanent intake of soil, i.e. Šalara and Bekovec areas; - High, closed and panel construction area fences must also be set up on the area of temporary disposal sites and mineral aggregates warehouses; - Two new connecting roads between construction platforms T4 and T7 must be built, as well as between the V1 water storage tank and T1a road in Lokve; - Dust filters must be regularly used, maintained and cleaned on temporary - Construction devices for producing concrete and crushing excavated stone; - In the case of extreme wind (with speed exceeding 5 m/s) works where material are used that cause dusting, must be terminated, the speed of transport vehicles on internal transport roads on the construction site of the railway line and on the deposit sites must be limited to maximum 10 km/h. 2. Conditions with regard to water protection: a. Second track route - Refuelling of construction machinery in the area of the construction site can only be carried out with a proper cistern for fuel delivery and on predetermined and suitably equipped areas; refuelling and filling oil from tanks on the area of the activity may not be carried out; - Discharge of hazardous waste and other liquid waste into the ground or into the sewage system cannot be implemented; - An adequately equipped place for the storage of hazardous substances with a catch bowl needs to be ensured; - Storage of hazardous substances must be protected against atmospheric influences; - Original packaging needs to be used for the storage of hazardous substances or chemicals, and containers for storing must be closed and marked with a danger sign; - In the event of a spill of petroleum products it is necessary to limit the pollution immediately, and to remove and deposit contaminated soil;

- The area of the construction site must have adequate adsorption products to limit and capture petroleum products (or other chemicals); - Space for each diesel generator must be carried out in the form of a collection container, floor of each space with generator and each collection basin must be oil and water resistant; - Wall and floor of the space with a diesel generator needs to be examined regularly and immediately rehabilitated in case of any injuries; - Biodegradable transformer oil must be used; - Collection containers for transformer oil must be oil and water resistant and they must enable the collection of total oil quantity; - Wall and floor of the collection container below the transformer needs to be examined regularly and immediately rehabilitated in case of any injuries; - All external surfaces intended for the transport, handling or parking should be consolidated so as to ensure they are watertight and are bordered with curbs; - Oil separator should be examined regularly and immediately rehabilitated in case of injuries; - Municipal and meteor waste water from movable (temporary) devices and facilities may not be drained into the ground; - No water turbidity and proper supply of oxygen must be guaranteed on the section before the crossing of the state border with the Republic of , i.e. in Osapska reka river with influxes (Vignano brook and Sekolovec brook) also when the water flow is minimum; watercourses must be planned to disable the modification of outflow situation especially when waters are high. b. The area of input: marl quarry along Šmarska cesta road - Drainage with the deposition of soil in the diameter from 15 to 40 cm must be arranged at the site when the dam and the embankment of the marl quarry are in contact; - All demolitions and the subsidence of the dam must be rehabilitated continuously to prevent the moves of deposited material; - All construction works above the catchments above the marl quarry are prohibited; c. Bekovec area of input - The dam body must be planned to prevent the modification of hydrological status at water springs. 3. Conditions for protection against excessive noise: - Ventilation devices must be equipped with silencers; - Construction site fences in the direction towards the settlements Lokev, and Črni Kal must be set up when jaw crushers will be located; - Additional passive protection of the area is required at objects Lokev 235 and Lokev 230; - Temporary anti-noise fences for protecting individual buildings with protected premises around the construction platforms in Črni Kal and Dekani are necessary; - Temporary anti-noise fence and passive anti-noise protection of the protected areas in the object must be implemented to protect the Gabrovica 35 object along the T-2b transport road; - Temporary anti-noise fence on the north-east edge of the construction portal of the T8 tunnel in Dekani must be implemented; - If excessive noise burden on the environment is found with measurements at buildings along the T-8b construction road on the Dekani settlement area during construction due to the transport of excessive material to the R2-409 regional roads, the protected rooms in burdened buildings must be additionally protected with passive anti-noise measures; - A connecting road between the T4 and T7 construction platforms must be built south of the second track and north of the Ljubljana - Koper motorway, thus redirecting the transport of excessive material along the R3-627 regional road through Osp and Gabrovica directly to the Črni Kal motorway connection; - The transport of cargo along the local and regional road through the Lokev settlement must be redirected along the road between the V1 water storage tank and the T-1a construction road; - Complete construction fences must be set when implementing the second phase of the Bekovec area as well as on the upper border of the deposit area Šalara and on the area of the Ankaranska Bonifika.

4. Conditions for protection against vibrations: - All objects that will be impacted by the construction site operations must be listed prior to the initiation of the construction; - It must be ensured prior to the initiation of construction that devices for measuring subsidence are set at the objects where there will be impact because of the activity; - A register of damage on neighbouring objects from the aspect of the current damage due to vibrations must be prepared by measuring the height of characteristic cracks on marked spots; - Access roads near objects must be regularly supervised and potholes must be rehabilitated immediately; - Vibrations measurements must be guaranteed in accordance with DIN4150-3 standards DIN4150-2 and ISO 2361-2 on the impact area of the intervention; - A new list of damage on objects must be prepared after the conclusion of construction and a comparison must be made with regard to the situation prior to the construction; - The transport of cargo vehicles on access roads must be adjusted during construction so that vibrations do not increase or that no additional damages in the form of cracks on residential buildings in immediate vicinity are caused; - Light vibration machines for reinforcing substructure which operate within a frequency range above 35Hz must be used; - Mining must be time-limited on open sections of the route near the residential buildings, i.e. to morning time. 5. Conditions with regard to waste management: - Construction waste as the result of object demolition must be disposed to the construction waste collector or waste processor that will process the waste outside the construction site; - If, during the excavation, waste accumulates, such waste must be removed including the polluted basis from the construction site separately by waste classification numbers and waste must be managed separately from earth excavations; - Earth excavation on the subject construction site must be primarily used to arrange the area and for the final implementation of the relief, if other type of soil is used, similar mineral or mineral-organic material must be used with regard to the ground and subsoil; - In situations, where water was directly strained in the water body of the groundwater due to an open construction site and the quantity of precipitation, therefore water self-cleaning is not possible in the ground, the implementation of construction works with machinery must be terminated on the area of the construction pit, because excavations are also implemented in the watertight layer; - The maintenance works on construction machinery must be implemented outside the construction site area; - If it is noticed during excavation that the earth excavation is polluted with oil, bitumen mixtures or non-natural mineral material waste is present, such waste must be managed separately; - Temporary storage of waste created by construction works must be ensured on the construction site, namely separately for the different types of construction waste as specified in the classification list; - An appropriately equipped site on the construction site must be determined, i.e. outside the construction pit for temporary storage of hazardous waste; - Waste and hazardous waste must be regularly taken from the construction site, and the transport must be appropriately registered. 6. Conditions with regard to impacts on geological features of the hillside and relief: a. Second track route - Non-homogeneous particles that emerge in limestone must be rehabilitated with stone and concrete filler; - Excavations in flysch must be equipped with longitudinal drainage ditches; the terrain must be shaped according to the surrounding relief forms; - The transition to the terrain with plants must be smoothed with appropriate actions on the upper edge and heel of embankments; - The exposed surfaces must be stabilised and fortified with autochthonous vegetation, the terrain must be shaped according to the surrounding relief forms;

- The transition to the terrain with plants must be smoothed with appropriate actions on the upper edge and heel of embankments; b. Abandoned marl quarry along the Šmarska cesta road (Šalara) - The excavated material with stability characteristics that are poorer than the envisaged material, must be transported to Ankaranska Bonifika; - The filled material must be consistently compacted; - Once a year (in March) in the two-year period, levelling and filling of local depressions must be implemented and the eliminated vegetation must be replaced on the re-cultivated area; - Appropriate drainage from the area must be regulated. c. Bekovec - Surfaces, where agriculture is possible, must be re-cultivated to agricultural surface; - Temporary roads, manoeuvring and other areas must be re-cultivated after the concluded input of material; - The water management regulations of the Krniški potok brook and its influxes must be made co-naturally as the natural form of the watercourse or natural materials must be used. 7. Conditions with regard to the protection of vegetation, fauna, habitat types and ecologically important areas a. Second track route - There may be no protruding parts or parts which are difficult to see on viaducts; - Input of any material and the use of the areas for parking lots and turning points are prohibited on areas of habitat types with natural scientific grades 3, 4 and 5; - Forests and bushes may not be cut from the start of April until the end of August during the main nesting season and the season of reproduction of saproxylic bug species; - Weaver's broom ( Spartium junceum ) must be planted on the area of the construction site along the route of the second track after the construction works are finished; - At the construction of the dam in the flood plain of Rižane, where the railway track will run, thick local bushes must be planted on both sides of the track; - In order to protect the white-clawed crayfish ( Austropotamobious pallipes italicus ), regulation works in the watercourses (Osapska reka, Rižana) must not be carried out during high water and the reproduction of the species (between September and November); - Objects on open parts of the track must be constructed during the day; objects may not be permanently lighted throughout the night; for safety reasons lights can be set on the construction site during the night, however, they must have installed automatic turn-on and off sensors and must be completely dimmed to minimise the UV-light emission; cut wood must be removed or permanently left at the cutting site immediately after the cutting is implemented; - Construction works on the area of Črni Kal may begin after the first half of July; - Carriageways must be fortified before the construction starts; this must be implemented to prevent dusting, - Shoulders, gutters, shoulders and supporting walls must be set, water drainage must be arranged; - Foreign invasive plants must be regularly removed. b. The areas of intake of earth excavation in the ground - The entry of earth excavation must be implemented during the day; - Rushes and autochthonous bushes must be planted along the new melioration channels at Ankaranska Bonifika. 8. Pit protection conditions - Earth and other construction works as well as material deposit must be avoided near pits or entries to pits; - Works causing explosions and vibrations cannot be implemented at underground pits or near them; - The regimes of waters disappearing in the pits on or outside the second railway line track may not be polluted or modified; - Regulation works on open sections of newly discovered pits must be implemented so that the pit climate is not changed in the pit; - If construction works are implemented near the entry to the pit, the entry must be marked;

- If a shaft is discovered during construction, the contractor must ensure that the finding is not damaged or destroyed, whereas the pollution of the underground must be prevented; - Pits or parts of pits with colonies of bats may not be lighted or may be lighted only to such an extent as is necessary for safe conclusion of works. 9. Conditions with regard to cultural heritage protection - Access and servicing road T1a-V1 must be built to prevent the effects of vibrations on the cultural heritage objects in Lokev pri Diva či; - Road T4-T7 must be built to prevent the effects of vibrations on the cultural heritage objects in Osp and Gabrovica. 10. Conditions with regard to forest protection - Waterside vegetation on the area of the intervention may be removed where the track impacts the watercourse area; - Interventions in forests may be implemented on the area of protected forests of Brdinjski and Tinjanski hrib only on the area of the intervention; - The envisaged cultivation must be implemented on stabilised surface which is protected against erosion; - The newly emerged forest edge must be maintained and restored. 11. Conditions for protection against light pollution - The contractor as the manager of the source of light must ensure that the illumination plan is provided for all construction sites and tunnel platforms, where the sum of electric power exceeds 10 kW; - The lights for the illumination of the construction sites must be set to direct the light in the direction of construction sites and as high as not the cause dazzling on the opposite side; - The uncovered surfaces of construction sites and other uncovered surfaces must be illuminated for 30 minutes after the termination of the implementation of construction, maintenance and other rehabilitation works only with lights where light flow which is radiated upwards equals 0%; - During daytime lights must be turned off from morning until evening except in very bad weather conditions; - The use of light beams of any type or shape, moving or fixed is prohibited, if they are directed towards the sky or surfaces that could be reflected to the sky. 12. Conditions with regard to agricultural land protection: - Field roads must be built to access agricultural land, i.e. on the area of Dekani DP-1 (372 m long, 4 m wide) and on the area of Ravni field road T-1a2 must be built.

III. The environmental protection consent is issued under the following conditions during operations: - Only trains with locomotives and wagons in perfect condition can be used on the route of the railway; - Water drainage and the cleaning of waste water that emerges at the cleaning of tunnels or in case of spillage and/or burning of harmful or hazardous liquid or substance must be regulated with sedimentation basis that are equipped with oil separators; - Anti-noise fences to protect residential areas Gabrovica, Črni Kal, Vignano and Bertoki must be implemented prior to the operations of the track; - Passive protection of three residential buildings in the area of Dekani must be implemented: Dekani 26a, Dekani 24 and : Cesta na Rižano 32; - The following must be implemented to reduce the scope of vibrations in tunnels below the residential buildings in the settlements of Lokev and : welded rails, elastic fixing of track on the sleepers and reinforced tunnel walls; - Firewalls on endangered areas must be built.

IV. A nature conservation permit is deemed to have been issued by the issuing of the environmental protection consent.

V. The part of the claim referring to the issue of the environmental protection consent for the construction of the second track of the Diva ča–Koper railway line on the area of the Beka Landscape Park, i.e. on land plots numbers: cadastral municipality:

5119/5, 5120, 5119/7, 5121/1, 5123/3, 5123/5, 5124/6, 5126/1, 5246/1, 5250/3, 5250/6, 5251/1, 5252/3, 5253/3, 5392/3, 5393/7, 5393/9, 5394/1, 5395/1, 6087/30, 6132/3, 6142/5, 5117, 5118, 5119/1, 5119/2, 5123/4, 5124/7, 5126/3, 5121/3, 5121/4, 5119/9, 5119/10, 5119/6, 5114/1, 5394/3, 5251/2, 5250/5, 5250/4, 5246/3, 5246/4, 5124/2, 5123/7, 6132/5, 5119/10, 5119/9, 5121/1, 5121/3, 5121/4, 5123/7, 5124/8, 5126/3, 5246/3, 5246/4, 5394/3, Draga cadastral municipality: 1643, 1644, 1369/44, 1369/45, 1369/47, 1397/3, 1406/5, 1406/7, 1408/3, 1408/5, 1411/4, 1412/4, 1412/6, 1429/1, 1430/3, 1430/5, 1450/2, 1452/2, 1456/1, 1596/1, 1601/11, 1601/7, 1602/3, 1602/5, 1604/1, 1605/1, 1606/1, 1609/1, 1610/1, 1616/1, 1617/3, 1617/7, 1618/1, 1621/1, 1624/3, 1628/1, 1629/5, 1629/6, 1629/8, 1630/1, 1634/1, 1635/4, 1635/6, 1635/8,

1636/3, 1636/5, 1637/1, 1638/5, 1639/3, 1639/5, 1642/3, 1642/5, 1645/1, 1647/1, 1647/4, 1650/3, 1650/5, 1676/1, 1677/1, 1682/4, 1682/8, 1682/9, 1683/4, 1757/1, 1757/4, 1782/3, 1782/5, 1783/3, 1783/5, 1783/6, 1786/3, 1786/5, 1787/1, 1788/1, 1789/1, 1791/1, 1792/3, 1793/1, 1794/1, 1795/1, 1796/1, 1796/3, 1797/1, 1797/3, 1798/3, 1800/2, 1801/3, 1801/5, 1803/1, 1804/4, 1804/6, 1825/3, 1830/3, 1831/3, 1834/1, 1835/3, 1835/5, 1835/7, 1836/1, 1840/10, 1840/6, 1861/11, 1861/13, 1861/16, 1861/5, 1861/9, 1862/1, 1867/1, 1870/2, 1875/4, 1875/5, 1879/1, 1893/3, 1894/1, 1910/6, 2045/4, 2045/6, 2045/8, 2563/1, 2617/5, 2617/8, 2625/1, 2626/1, 2626/3, 2626/4, 2626/5, 2626/6, 2626/7, 2626/8, 2627/2, 2627/3, 2627/4, 2627/5, 2627/6, 2628/3, 2634/1, 2634/5, 2638/2, 2639/3, 2640/2, 2641/3, 2641/5, 2642/2, 2643/3, 2643/5, 2887/3, 2894/26, 2894/27, 2894/22, 2894/23, 1683/13, 2887/7, 1664/4, 1760/2, 1683/1, 1840/8, 1876/1, 2635/1, 1683/1, 1683/13, 2887/7, 2894/26, 2894/27, cadastral municipality: 2486/10, 2486/13, 2486/17, 2486/8, 2726/27, 2726/28, 2726/29, 2726/30, 2726/31, 2731/1, 2731/4, 2732/1, 2838/10, 2838/11, 2838/12, 2838/15, 2838/4, 2838/7, 2838/9, 2840/4, 2840/6, 2840/9, 2842/12, 2842/1O, 2486/15 will be determined in the supplementary decision.

VI. This environmental protection consent expires if, within five years from the date when the consent becomes final, the construction permit is not acquired according to regulations on building construction.

VII. No costs arise from this procedure.

E x p l a n a t o r y n o t e

The Slovenian Environment Agency which as a body within the Ministry of the Environment implements environment protection tasks (hereinafter referred to as the addressed authority) on 15 February 2012 received the application by the client, i.e. the Ministry of Infrastructure and Spatial Planning, the Railways and Cableways Directorate, Langusova ulica 4, 1535 Ljubljana (hereinafter referred to as the Client), represented by Samo Omerzel, the Minister, who is represented by the authorisation of 10 August 2012 by DRI upravljanje investicij, Družba za razvoj infrastrukture d.o.o., Kotnikova 40, 1000 Ljubljana for the issue of the environmental protection consent for the construction of the second track of the Diva ča–Koper railway line with all accompanying regulations under Article 57 of the Environment Protection Act (Official Gazette of the Republic of Slovenia, no. 39/06-ZV0-1- UPB1, 49/06-ZMetD, 66/06-0dlUS, 112/06-0dlUS, 33/07-ZPNa črt, 57/08-ZF0-1A, 70/08, 108/09, 48/12, 57/12 and 92/13, hereinafter referred to as the ZV0-1).

To the application, the Client attached the following: - Representation authorisation of 19 October 2011 used by the legal representative, Patrick Vla čič, the Minister for Transport, Langusova ulica 4, 1535 Ljubljana to authorise DIS Consulting d.o.o., Letališka cesta 33c, 1000 Ljubljana, to represent him in all administrative procedures connected with the acquisition of consents and the building permit for the second track of the Diva ča–Koper railway line; - The report on the environmental impact of the second track of the Diva ča–Koper railway line that was prepared under project no. 24-04/12-2 in February 2012 by PRO LOCO d.o.o.,

Trubarjeva 57, 1000 Ljubljana (in written and electronic form, hereinafter referred to as the PV0- 1); - The Appendix for protected areas in accordance with the Rules on assessing the acceptability of the execution of plans and interventions in nature on protected areas, prepared by Aquarius d.o.o., Ljubljana: 1212 - 09 VO, date of preparation: December 2009, supplemented in February 2011 and February 2012; - The list of land plot numbers that comprises land plots under the Decree on the the National Site Plan for the second track of the railway line on the Diva ča–Koper section (Official Gazette of the Republic of Slovenia, no. 43/05; hereinafter referred to as the Decree on the National Detailed Plan) and data on land allotment plan (land plot number); - Contract between the holder of activity and Salonit Anhovo of 20 April 2011 and Annex no. 1 to the contract of 15 September 2011; - Agreement between the holder of activity and DARS of 14 April 2011.

The application was supplemented on 27 March 2012 with: - The report on the environmental impacts of the second track of the Diva ča–Koper railway line that was prepared under project no. 24-04/12-2, supplemented in March 2012 by PRO LOCO d.o.o., Trubarjeva 57, 1000 Ljubljana (hereinafter referred to as the PV0-2); - The Appendix for protected areas in accordance with the Rules on assessing the acceptability of the execution of plans and interventions in nature on protected areas, prepared by Aquarius d.o.o., Ljubljana: 1212 - 09 VO, date of preparation: December 2009, supplemented in February 2011, February 2012, March 2012.

The application was supplemented on 5 June 2012 with: - The report on the environmental impacts of the second track of the Diva ča–Koper railway line that was prepared under project no. 24-04/12-2, supplemented in March 2012 by PRO LOCO d.o.o., Trubarjeva 57, 1000 Ljubljana (hereinafter referred to as the PV0-3); - The Appendix for protected areas in accordance with the Rules on assessing the acceptability of the execution of plans and interventions in nature on protected areas, prepared by Aquarius d.o.o., Ljubljana: 1212 - 09 VO, date of preparation: December 2009, supplemented in February 2011, February 2012, March 2012 and May 2012.

The application was supplemented on 27 July 2012 with: - The report on the environmental impacts of the second track of the Diva ča–Koper railway line that was prepared under project no. 24-04/12-2, supplemented in March 2012 by PRO LOCO d.o.o., Trubarjeva 57, 1000 Ljubljana (hereinafter referred to as the PV0-4); - The Appendix for protected areas in accordance with the Rules on assessing the acceptability of the execution of plans and interventions in nature on protected areas, prepared by Aquarius d.o.o., Ljubljana: 1212 - 09 VO, date of preparation: December 2009, supplemented in February 2011, February 2012, March 2012, May 2012 and July 2012; - The concept design – Regulation of the Bekovec area for the permanent intake of material from earth excavations in the ground which will emerge at the construction of the second track of the Diva ča–Koper railway line, prepared under project no. ic-215/12 in July 2012 by IRGO Consulting d.o.o., Sloven čeva 93, 1000 Ljubljana.

The application was supplemented on 17 January 2014 with: - The report on the environmental impacts of the second track of the Diva ča–Koper railway line that was prepared under project no. 24-04/12-2, supplemented in May 2012, July 2012 and November 2013 by PRO LOCO d.o.o., Trubarjeva 57, 1000 Ljubljana (hereinafter referred to as the PV0-5); - The Appendix for protected areas in accordance with the Rules on assessing the acceptability of the execution of plans and interventions in nature on protected areas, prepared by Aquarius d.o.o., Ljubljana: 1212 - 09 VO, date of preparation: December 2009, supplemented in February 2011, February 2012, March 2012, May 2012, July 2012, August 2012 (hereinafter referred to as the Appendix for protected areas); - Providing the possibilities of simultaneous disposal of excess material at the NE part of the land plot no. 799/29 which emerges at the construction of the second track and excavated material that emerges at the deepening of the seabed, IDZ, Geoportal d.o.o., Ljubljana, no. gp-

pr-019/14, July 2013; - Second track of the Diva ča–Koper railway section. - Comprehensive environmental monitoring plan, Aquarius d.o.o., Ljubljana, št. 1291-13 SP, December 2013 (hereinafter referred to as the Comprehensive Monitoring Plan); - Extract of the Appendix for the Appropriate Assessment of impacts of the second track of the Diva ča–Koper railway section. - Effects on protected areas, Aquarius d.o.o., Ljubljana, no. 1286- 13, May 2013; - Study for the implementation of measures for the prevention of Glinš čica area pollution (draft), Aquarius d.o.o., Ljubljana, no. 1390-13 SP, June 2013, supplemented in August 2013 and September 2013 (hereinafter referred to as the Study for the implementation of measures).

On 27 September 2012 the addressed authority received: - The letter of the Ministry of Infrastructure and Spatial Planning, Infrastructure Directorate, Sector for investment planning and management, Langusova ulica 4, 1535 Ljubljana, including the notification of the termination of the validity of authorisation given to the company DIS Consulting d.o.o., Letališka cesta 33c, 1000 Ljubljana; - Representation authorisation of 10 August 2012 used by the legal representative Zvonko Černa č, Minister of Infrastructure and Spatial Planning, Langusova ulica 4, 1535 Ljubljana, to authorise DRI upravljanje investicij, Družba za razvoj infrastrukture d.o.o., Ulica talcev 24, 2000 Maribor to represent him in all administrative procedures at national authorities, local communities authorities and holders of public authorisations which are managed by authorities in connection with the construction of the second tier of the Diva ča–Koper railway section.

On 7 June 2013 the addressed authority received: - The regulation of the Bekovec area for the permanent intake of material from earth excavations in the ground which will emerge at the construction of the second track of the Diva ča–Koper railway line, prepared under project no. ic-215/12 in July 2012 and supplemented in February 2013 by IRGO Consulting d.o.o., Sloven čeva 93, 1000 Ljubljana; - Input of excavated material in the ground, which emerges at the construction of the second track of the Diva ča–Koper railway section, i.e. on the area of Ankaranska Bonifika, prepared under project no. 136/12-kh/l in April 2012 and supplemented in 2013 by the company ECONO d.o.o., Dimi čeva ulica 16, 1000 Ljubljana; - The relocation of the ditch at Ankaranska Bohifika due to the flow of the current outlet, prepared under project no. 34-S/12 in April 2013 by the company IS Projekt d.o.o., Pot za Brdom 102, 1000 Ljubljana.

On 22 November 2013 the addressed authority received: - The guarantee for the possibilities of simultaneous disposal of excess material at the NE part of the land plot no. 799/29 which emerge at the construction of the second track and excavated material that emerges at the deepening of the seabed, prepared under project no. gp-pr-019/13, July 2013 by Geoportal d.o.o., Tehnološki park 21, 1000 Ljubljana.

According to Article 50 of the ZVO-1, environmental impact assessment must be performed and environmental protection consent of the Addressed Authority must be obtained prior to the beginning of an intervention that could significantly affect environment. The obligation to perform the assessment is established according to the Decree on the categories of activities for which an environmental impact assessment is mandatory (Official Gazette of the Republic of Slovenia, no. 78/06, 72/07, 32/09 and 20/13; hereinafter referred to as the Decree on types of impacts). The environmental impact assessment is obligatory in accordance with the first line of point 7.1 of Appendix I to the Decree on types of impacts, when the construction of the main railway line is concerned without regard of the length. In the considered case, the second track of the Divača–Koper railway line is categorised as the main railway line, therefore, based on the sent documentation, the addressed authority has established that it is mandatory to acquire the environmental impact assessment and the environmental protection consent.

The environment impact assessment is also necessary in accordance with point 1d of Appendix II of the Decree on types of impacts, when forest cutting and shrinkage for the purposes or modification of land use type is involved and where the intervention exceeds 30 ha of land, even if a protected area is concerned. 35.50 ha of forest land will be permanently modified on the area of the second track, which is according to the Decree on types of impacts the exceeded threshold of the intervention for the preparation of the environment impact report, meaning that an environment impact assessment must be performed for this intervention and an environmental protection consent form must be issued.

It is mandatory to prepare the environment impact assessment in accordance with point 11b of Appendix II of the Decree on types of impacts, when the procedure involves the processing of non- hazardous waste according to the R10 procedure with regard to the regulation on waste management – input of excavated material, i.e. artificially prepared soil with volume exceeding 500,000 m 3, if it refers to the area of acquiring mineral materials, or with complete volume of 250,000 m 3, if it is entered elsewhere. On the area of Bekovec and within the scope of the planned intervention, the input of 742,000 m 3 excavated material in the ground is envisaged, exceeding the 250,000 m 3 threshold, which is according to the Decree on types of impacts the exceeded threshold of the intervention for the preparation of the environment impact report, meaning that an environment impact assessment must be performed for this intervention and an environmental protection consent form must be issued.

The first paragraph of Article 39 of the Rules on the assessment of acceptability of impacts caused by the execution of plans and activities affecting nature in protected areas (Official Gazette of the Republic of Slovenia, no. 130/04, 53/06, 38/10 and 3/11, hereinafter referred to as the Rules on acceptability assessment) determines that the acceptability assessment of interventions in the nature is with regard to the size and features of the intervention in the nature implemented in the procedure of issuing (1) the environmental protection consent for interventions in nature with environment impacts, (2) the nature protection consent for interventions in nature that do not impact the environment, (3) permits for interventions in nature, determined in Article 43 of these Rules, and (4) permit under other regulations for interventions in nature, for which consents or permits under previous three lines do not need to be acquired. The second paragraph of Article 39 of the Rules on the assessment stipulates that in the case when the assessment of acceptability of the activity affecting nature is performed in the procedure of issuing the environmental protection consent, the nature conservation consent is deemed to be issued by issuing the environmental protection consent.

Considering the fact that the area of intervention entails special protected nature areas, Natura 2000 and protected areas, the assessment of impacts on nature had to be implemented in accordance with the Rules on the assessment. The appendix for protected areas was attached to PV0-1 and its amendments.

The first paragraph of Article 219 of the General Administrative Procedure Act (Official Gazette of the Republic of Slovenia, no. 224/06-ZUP UPB2, 105/206-ZUS-1, 126/207, 65/08, 8/2010 and 8/10, hereinafter referred to as the ZUP) stipulates that when such matter can be decided by parts or by individual claims, individual parts or claims are suitable for decision-making, the competent authority can issue the decision only on the mentioned parts or claims (partial decision).

In accordance with the first paragraph of Article 61 of the ZVO-1, which stipulates that the Ministry shall forward the application for the issue of the environmental protection consent and the draft decision on the environmental protection consent to the ministries and organisations which with respect to the planned activity are responsible for individual environment protection matters, for the protection or use of natural resources or for natural heritage protection, and invite them to submit their opinions on the acceptability of the planned action within 21 days of the receipt of the application: - Environmental Agency of the Republic of Slovenia, Water Management Office, Vojkova 1b, 1102 Ljubljana; - Institute of the Republic of Slovenia for Nature Conservation, Toba čna ulica 5, 1000 Ljubljana; Protection of Cultural Heritage of Slovenia – Piran Branch Office, Trg bratstva 1, 6330 Piran; - Institute for the Protection of Cultural Heritage of Slovenia, Nova Gorica Regional Office, Delpinova ulica 16, 5000 Nova Gorica; - Slovenia Forest Service, Ve čna pot 2, 1000 Ljubljana, - Ministry of the Environment and Spatial Planning, Dunajska 22, 1000 Ljubljana, Ministry of Health, Štefanova 5, 1000 Ljubljana;

- Ministry of Infrastructure and Spatial Planning, Slovenian Roads Agency, Tržaška cesta 19, 1000 Ljubljana; - Ministry of Infrastructure and Spatial Planning – Energy Directorate – Energy and Mining Sector, Langusova ulica 4, 1535 Ljubljana; - Fisheries Research Institute of Slovenia, Spodnje Gameljne 61a, 1211 Ljubljana – Šmartno; - Diva ča Municipality, Kolodvorska 3a, 6215 Diva ča; - Hrpelje- Municipality, Hrpelje, Reška cesta 14, 6240 Kozina; - Koper Municipality, Verdijeva ulica 10, 6000 Koper.

On 13 August 2012 the addressed authority received the opinion from the Slovenian Forest Service, Sežana Branch Unit, Partizanska cesta 49, 6210 Sežana, no. 35402-2/2012-24 of 8 August 2012 where the mentioned authority has established that the construction of the second track of the Diva ča–Koper railway line is acceptable from the forestry aspect, since it will not significantly impact the forest and forest area.

On 22 August 2012 the addressed authority received the opinion from the Public Health Directorate, Štefanova 5, 1000 Ljubljana, no. 35402-2/2012-25 of 21 August 2012 providing an expert opinion on the acceptability of the intended intervention: construction of the second track of the Diva ča–Koper railway line from the aspect of the protection of public health, prepared by the Institute of Public Health of the Republic of Slovenia (hereinafter referred to as the IVZ opinion). The opinion provided the following recommendations: - Measures must be envisaged on the area of four regional aquifer systems, which would in case of spillage of hazardous substances prevent aquifer pollution; - weed may be treated on the surface of the route especially on the area of karst aquifers by pesticides that are permitted for usage on water protection areas; with regard to exposure to noise, the 2nd level noise protection areas should be considered; - It is recommended that the guidelines of the World Health Organisation on noise in the environment and noise during the night and the precautionary principles for the preservation of peaceful areas in settlements and outside of them are considered; - The Rules on protection against noise in buildings (Official Gazette of the Republic of Slovenia, no. 10/12) must be considered. The addressed authority has replied in connection with the expert IVZ opinion that the PV0-4 considered the results of the Risk analysis of pollution of groundwater and the Rižana reservoir due to the construction of the second track of the Diva ča–Koper line, (no. K-II-30d/1-1/62, prepared by the Slovenian Geological Institute, Ljubljana, and IRGO Consulting, d.o.o., Ljubljana, in December 2011, hereinafter referred to as the Risk Analysis) at the consideration of the impact on groundwater in relation to drinking water supply). The Decree on determining the drinking water protection area for the aquifers of Rižana (Official Gazette of the Republic of Slovenia, no. 49/08, 72/12 and 69/13) prohibits the use of plant protection products on the first and second water protection areas.

The addressed authority has established in connection with the determination of noise protection area levels that it is not competent for this determination. For the categorisation in the second noise protection area, the municipality must send an initiative to the minister, competent for the environment, and prove based on expert documents that all conditions for the second area are ensured on the proposed areas. The competent ministry has not confirmed the second level of noise protection and/or quite settlement area for no municipality, Diva ča, Hrpelje–Kozina and Koper municipalities have not yet started the procedures for acquiring the permit for the categorisation of individual areas in the stricter protection level.

With regard to WHO guidelines on noise in the environment and during the night, the addressed authority has established that the limit and critical noise values in the environment in individual periods of day are determined by the Decree on limit values for environment noise indicators (Official Gazette of the Republic of Slovenia, no. 105/05, 34/08, 109/09 and 62/10, hereinafter referred to as the Decree on noise indicators) and with regard to the areas of noise protection and noise source. Construction is rare on the impact area of the second track, and there are no quiet settlement areas on the track's impact area. The preventive level of 40 dB(A), recommended by the WHO, is achieved only on rare areas where there are practically no significant infrastructural or production noise sources present. In accordance with the Slovenian legislation, the prescribed limit value of noise indicators is completely relevant from the environmental and health aspect for assessing the impact of second track operations (55 dB(A) during the night).

With regard to exposure to noise, the addressed authority has replied that the Rules on protection against noise in buildings (Official Gazette of the Republic of Slovenia, no. 10/12) was considered, i.e. by ensuring that the noise impacts are reduced during construction with the construction of temporary anti-noise fences and passive protection of objects (the conditions are determined under item II. 3 of the operative part of the consent), during operations, anti-noise fences and passive protection of objects will be built (the conditions are determined under item III. 1 of the operative part of this consent).

On 27 August 2012 the addressed authority received the opinion of the Institute of the Republic of Slovenia for Nature Conservation, Piran Branch Unit, Trg Etbina Kristana 1, 6310 Izola (hereinafter referred to as the ZRSVN), no. 35402- 2/2012-27 of 24 August 2012, where the mentioned authority establishes as follows: - The protection regime on the protected area is still valid on the area of intervention and it entails the prohibition of construction. The Institute also warns that the legal and formal obstacles in connection with the valid protection regime on the protected area must be eliminated or that the legal and formal obstacles must be eliminated prior to the issue of the environmental protection consent; - PV0-4 should be supplemented with the description of crayfish habitats for the Škofijski potok brook; - The PV0-4 should be supplemented with the harvesting of crayfish in Rižana. The addressed authority replied in connection with the ZRSVN opinion that PV0-5 has been supplemented with the requested data.

With regard to the measure of harvesting crayfish in Rižana, the addressed authority has replied that this measure has been included under point II7a of the operative part of this consent as a mitigation measure.

The addressed authority has found in relation with the questions and recommendations for supplementing the PV0-4 that the PV0-5 was supplemented with regard to the ZRSVN opinion.

On 24 October 2012 the addressed authority received the clarification of the Request to declare on all facts and circumstances relevant for the decision in the administrative matter of the construction of the second track of the Diva ča–Koper railway line, no. 402-26/12-PDPV0 059 and on 20 November 2013 they received the Procedure for the issue of the environmental protection consent form for the construction of the second track of the Diva ča–Koper railway line, no. 402-26/13-PTPP-PMM-072, where the client must provide the opinion with regard to the content of all received opinions.

On 5 September 2012 the addressed authority received the opinion of the Ministry of Infrastructure and Spatial Planning – Energy Directorate, Langusova ulica 4, 1535 Ljubljana (hereinafter referred to as the Energy Directorate), no. 35402-2/2012-29 of 31 August 2012 where the mentioned authority determined that the national detailed spatial plan preparation coordinator for the second track of the Diva ča–Koper railway line must acquire the consent of Salonit Anhovo, Kamnolomi d.o.o. for the decision on the preparation of the plan. The addressed authority has established that the opinion or comment refers to the Decree amending the National Site Plan for the second track of the Diva ča‐Koper railway line, which is not subject to the administrative procedure of the environmental protection consent issue.

On 20 November 2013 the addressed authority received the letter comprising the Procedure for the issue of the environmental protection consent for the construction of the second track of the Diva ča– Koper railway line, no. 402-26/13-PTPP-PMM-072 where the client made a declaration on the content of the received opinion.

On 2 October 2012 the addressed authority received the opinion of the Institute for the Protection of Cultural Heritage of Slovenia Piran Branch Office, Trg bratstva 1, 6330 Piran, no. 35402-2/2012-44 of 2 October 2012 where the mentioned authority established that the proposed project solutions for the second track of the Diva ča–Koper railway line in the Koper Municipality in cadastral municipalities Plavje, Škofije, Dekani, cadastral municipality Kal, Rožar, Tinjan, Gabrovica and Ankaran are acceptable under the provisions of Article 30 of the Decree on the National Detailed Plan.

On 4 October 2012 the addressed authority received the opinion of the Environmental Agency of the Republic of Slovenia, Water Management Office, Vojkova 1b, 1102 Ljubljana (hereinafter referred to as the Water Management Office), no. 35402-2/2012-45 of 2 October 2012, where the mentioned authority found that the water management operator submitted insufficient documentation that does not represent sufficient basis to make a decision on the acceptability of the intended intervention, i.e.: - That due to enhanced utilisation of space at the Bekovec landfill it must be verified, if the Krniški potok brook could be directed along the middle part of the valley and the dam of the valley would be appropriately presented; - The surface filling must be arranged to enable the gravitational outflow of rainwater towards the riverbed of the Rižana.

On 7 June 2013 the addressed authority received the letter with regard to the second track of the Diva ča–Koper railway line: supplementation of the material for the procedure of acquiring the environmental protection consent for the second track of the Diva ča–Koper railway line, no. 411- 61/2011/494-00711178 where the client will present the project solutions for the Bekovec landfill and for Ankaranska Bonifika. The addressed authority has established that the client has supplemented the documentation in accordance with the comment provided by the Water Management Office.

On 22 November 2013 the addressed authority received a letter on the Opinion with regard to standpoints received in the procedure of the issue of the environmental protection consent and the clarification with regard to facts and circumstances relevant for the issue of the environmental protection consent for the construction of the second track of the Diva ča–Koper railway line, no. 402- 26/13-PTPP-PMM-071 where the client presented project solutions for Ankaranska Bonifika according to the Slovenian Government decision of 20 June 2013, i.e. that the land plot where excess material from the construction of the second track of the Diva ča–Koper railway line will be deposited is also intended for the to deposit the excess material at the deepening of the seabed. The addressed authority has established that the client has supplemented the documentation in accordance with the comment provided by the Water Management Office.

On 13 December 2013 the addressed authority received the opinion of the Environmental Agency of the Republic of Slovenia, Water Management Office, Vojkova 1b, 1102 Ljubljana, no. 35402-2/2012-89 of 10 December 2013 where the mentioned authority has after inspecting the mentioned subsequently provided material established that the documentation represents sufficient basis for the issue of the environmental protection consent in the water management field.

On 19 November 2012 the addressed authority received the opinion of the Ministry of Agriculture and the Environment, Agriculture Directorate, Dunajska 22, 1000 Ljubljana (hereinafter referred to as the Agriculture Directorate), no. 35402-2/2012-54 of 14 November 2012 where the mentioned authority declared that the activities envisaged on the Bekovec landfill are not in accordance with the regulations on agricultural land, since they cannot be considered as agromelioration. The mentioned authority proposed that the alternative location of Bekovec is eliminated from the PV0-4. The addressed authority also found that the subject of the assessment of the intended intervention is also the input of excess material in the ground at the Bekovec location, which is spatially integrated in accordance with the Decree on the location plan for the Klance-Srmin section (Official Gazette of the Republic of Slovenia, no. 51/99). The activities, envisaged at the Bekovec location, are implemented in accordance with the provisions of the Decree on Waste (Official Gazette of the Republic of Slovenia, no. 103/11, hereinafter referred to as the Decree on Waste) and are determined as the R 10 procedure, i.e. the input in the ground for agricultural or ecological improvement. Considering the

envisaged solutions on the area of Bekovec, the R 10 procedure is appropriate according to the opinion of the addressed authority also with regard to the provisions of the Decree on burdening of soil with waste spreading (Official Gazette of the Republic of Slovenia, no. 34/2008, 61/2011), which refers to filling lower layers of agricultural land according to regulations on agricultural land and re-cultivation of ground in the upper layer.

On 13 December 2012 the addressed authority received the letter of the client with regard to the Opinion on the comments of the public and the opinion of the Ministry of Agriculture and Spatial Planning in the procedure of the issue of environmental protection consent for the second track of the Diva ča–Koper railway line, which also provides the answer to the questions with regard to the input of excess material in the ground at the Bekovec location.

In accordance with the first paragraph of Article 61 of the ZVO-1 the addressed authority issued a letter no. 35402-2/2012/21 of 1 August 2012 requesting the Institute for the Protection of Cultural Heritage of Slovenia, Nova Gorica Regional Office, Delpinova ulica 16, 5000 Nova Gorica; the Ministry of Infrastructure and Spatial Planning, Slovenian Roads Agency, Tržaška cesta 19, 1000 Ljubljana;Fisheries Research Institute of Slovenia, Spodnje Gameljne 61a, 1211 Ljubljana –Šmartno; Diva ča Municipality, Kolodvorska 3a, 6215 Diva ča; Hrpelje-Kozina Municipality, Hrpelje, Reška cesta 14, 6240 Kozina; Koper Municipality, Verdijeva ulica 10, 6000 Koper to provide their opinions, however, they had not sent any opinions until the date of the issue of this decision.

Having established that the client had submitted complete documentation, in accordance with Article 58 of the ZVO-1, the public was provided with access to view the application for acquiring the environmental protection consent, the environmental impact report (PV0-4), the preliminary design and the draft decision on the environmental protection consent. With public notification no. 35402- 2/2012/41 of 2 October 2012 the public was notified via the internet, on the notification board of the Slovenian Environment Agency at Vojkova 1a, 1102 Ljubljana and at the head office of the Koper Administrative Unit, Trg Brolo 4, 6000 Koper and the Sežana Administrative Unit, Partizanska cesta 4, 6210 Sežana, on all the claims under the second paragraph of Article 58 of the ZVO-1. In accordance with the third paragraph of Article 58 of the ZVO-1, the public was enabled to provide opinions and comments in 30 days from the deadline determined in the public notification, i.e. from 5 October 2012 to 5 November 2012.

In this period, the public provided comments and opinions in the book of comments that were available at the premises where the documentation for the acquisition of the environmental protection consent was presented, i.e. at the Koper Administrative Unit, Trg Brolo 5, 6000 Koper, and at the Sežana Administrative Unit, Partizanska cesta 4, 6210 Sežana.

During the public presentation, the addressed authority was receiving opinions and comments (received based on Article 58 of the ZVO-1) which are in accordance with the fifth paragraph of Article 61 of the ZVO-1 stated in the continuation of this decision:

1. Dalia Čerani č, the president of the Vrhpolje Local Community, Vrhpolje 5, 6240 Kozina, on 20 April 2012 sent the following comments in the name of the Vrhpolje Agricultural Community and the Vrhpolje Local Community: 1.1 The majority of land plots, where the tunnel for the second track of the Diva ča–Koper railway line will be built, is owned by the Vrhpolje Agricultural Community and on the area of the Vrhpolje Local Community. Prior to any use of land and interventions, the presidents of the Vrhpolje Agricultural Community and Vrhpolje Local Community should be contacted with regard to indemnification. With regard to this comment, the addressed authority replied that the area of the Vrhpolje Local Community is not affected by the construction of the track. On the area of the Vrhpolje Local Community, the track runs in the tunnel. The altitude difference between the surface and the tunnel on this area is from 102 to 300 m.

1.2 If there will be interventions in the forest, the contractor will deposit the cut wood at the depot that must made available to the Vrhpolje Agricultural Community and the Vrhpolje Local

Community. With regard to this comment, the addressed authority replied that the intervention in the forest on the Vrhpolje Local Community area is not envisaged.

1.3 After potentially performed works the investor shall return the situation on land plots of the Vrhpolje Agricultural Community to the primary state and the used macadamised roads that will be used for agricultural mechanisation will be arranged. 1.4 Local roads will be restored and resurfaced as well as their primary shape as it was before the construction of the second track of the Diva ča–Koper railway line will be re-established. With regard to comments no. 1.3 and 1.4, the addressed authority replied that there are no transport roads envisaged on the area of the Vrhpolje Local Community area. The addressed authority replied that the third line of item 2 of Article 42 of the Decree on the National Detailed Plan defines that roads and paths that will be used for bypass or transport must be appropriately arranged prior to and during construction, all potential damage must be rehabilitated after the construction is finished. Prior to the start of construction an inventory of the situation on the existing roads must be made, after the construction is finished, all potentially damaged transport roads must be rehabilitated.

2. Vladimir Abram, Brkinska ul. 6, 6240 Kozina on 5 November 2012 sent the following comments in the name of the Civil Initiative for Kozina: 2.1 Permanent excess material that will result from the excavation of tunnels can be deposited on the track of the future bypass that will run along the planned track north of Kozina. With regard to this comment the addressed authority replied that PV0-4 determines the sites for input of excess material (Bekovec, abandoned marl quarry in Šmarje and Ankaranska Bonifika). If excess material will be available, the client will offer them to the Kozina Municipality.

2.2 The bypass past Kozina and Hrpelje is envisaged in the location regulation for the construction of the Diva ča–Kozina motorway, where all land plots, route and other conditions are mentioned. 2.3 This bypass is also envisaged in the municipal detailed plan as the "northern bypass". 2.4 An agreement between the Hrpelje-Kozina Municipality and the Ministry of Transport was concluded in 1998 for the purpose of constructing the 1250 m long bypass. The preparatory works have been implemented (route setting, terrain test-drilling etc.). With regard to comments no. 2.2, 2.3 and 2.4 the addressed authority replied that they are not comments but merely explanations to the planning of the Kozina bypass, which is not subject of the administrative procedure of the issue of the environmental protection consent.

In letter no. 35402-2/2012-55 of 19 November 2012 the addressed authority asked the client to provide their opinion with regard to the comments of the public, acquired during the public presentation. In the letter no. 402-26/12-PDPVO-PMM-080 received on 13 December 2012 the client provided answers to comments.

3. Due to cross-border effects, public presentation was also implemented in the Republic of Italy, which provided their comments entitled: Technical Opinion (Tech. Op. 17) based on the fifth paragraph of the previous Article 9 of the Ministerial decree no. 150/2007 – Procedure on cross-border environmental impact assessment for the Diva ča–Koper railway line project on the territory of the Republic of Slovenia; the Republic of Italy; the Ministry of the Environment and the Protection of Land and Sea; Technical Commission for environmental impact verification – PVO IN SOP (hereinafter referred to as the comments of the Republic of Italy); Opinion no. 1087 of 16 November 2012: 3.1 Report on the environmental impact of the second track of the Diva ča–Koper railway line can be equalised with the study on environmental impacts (SEI) (note: SIA – Strategic Impact Assessment) that covers all possible impacts on the environment and contains a detailed description of the project and the study of potential alternatives. In connection with this comment, the addressed authority replied that the PV0-4 was prepared in accordance with the Decree on the content of the report on the effects of intended activity into the environment and its method of drawing up (Official Gazette of the Republic of Slovenia, No. 36/09, hereinafter referred to as the Decree on the Content), which is the implementing act ZVO-1 and

considers all European directives, mentioned below, which have been transferred in our legal order, i.e.: - Directive 85/337/EEC, - Directive 2009/31/EC, - Directive 97/11/EEC, - Directive 2003/35/EEC, - Directive 96/61/EC, - Directive 2011/92/EU.

3.2 Considering the level of the elaborate features of the document it is possible to assume that it applies to the concept and not to the final project with regard to the majority of the most important chapters. With regard to this comment the addressed authority replied that in accordance with the ZVO-1, the appendix to the application for the issue of the environmental protection consent was the concept design, the report on the impacts on the environment were prepared based on the concept design and individual parts of the project documentation which is being prepared for the acquisition of the building permit. The environmental protection consent is the condition for the acquisition of the building permit that is issued based on the project for the acquisition of the building permit in accordance with the regulations of the Republic of Slovenia. The addressed authority has added that the first paragraph of Article 62 of the ZVO-1 determines that the authority competent for the issue of the building permit must prior to its issue request the ministry to confirm the conformity of the project for the acquisition of the building permit with the project conditions for the intended intervention in the environment, for which the environmental protection consent was issued.

3.3 With regard to impacts on the environment, they are determined and "theoretically" described, the information on the area is well provided and there is complete awareness on the risks, connected with the construction of the railway, however, many fundamental operational decisions are missing, and they are postponed into the future, before the initiation of works. With regard to this comment the addressed authority replied that the evaluation of potential impacts includes all key operational decisions that base on the level of the documentation preparation, which is also the basis for the acquisition of the building permit.

3.4 Possible cross-border impacts that affect the territory of the Republic of Italy are summarised in the Chapter 8 of the report. The determination of impacts can be regarded as complete; however, operational decisions are not determined in greater detail. In other words, "practical" evidence is missing, which could enable concrete assessment of the accepted construction methods, without which it cannot be claimed with certainty that the envisaged theoretical solutions in the project implementation phase suffice for the withdrawal and/or mitigation of determined/dangerous risks in the confirmation phase. With regard to this comment the addressed authority replied that is was appropriately established in this point that cross-border impacts on the territory of the Republic of Italy are only summarised in Chapter 8. Comprehensive consideration of all potential impacts which originate in the construction of the planned intervention and which could affect the territory of the Republic of Italy, and of the measures for mitigating the impacts and monitoring the situation are considered in further chapters of the PV0-4: - 4.3 Description of the current situation and the quality of the parts of the environment, - 5. Potential impacts on the environment and possible effects of the impacts, - 6. Measures for the prevention, reduction or elimination of negative and possible negative effects, - 7. Situation monitoring – bases on the description of the intervention in Chapter 2 "Type and features of the intervention in the environment". The addressed authority agrees with the indication of the provider of the comment with regard to the submission of construction methods in PV0-4 and replies that the PV0-5 was supplemented with the method of tunnel construction through the karst underground, the method of tunnel construction on the area of fissured areas and the method of tunnel construction on the area with karst features that are parts of Chapter 2.3.1.3 on tunnel construction.

3.5 The Risk Analysis that was prepared by the applicant, can be determined as a good analysis of the situation and potential risks due to the project, however, it has not matured yet with regard to practical adjustments, since it does not sufficiently describe mutual impacts of concrete

solutions that will actually be adopted and the environment in various project phases (before, during and after construction). The addressed authority agrees with the above mentioned comment and replies that the PV0-5 has been supplemented with the Chapter: 2.3.3 Measures on construction sites for environment pollution prevention, where measures from the Risk Analysis have been summarised to prevent pollution, especially the pollution of surface and groundwater. The Risk Analysis considered the conditions from the Decree on determining the drinking water protection area for the aquifers of Rižana (Official Gazette of the Republic of Slovenia, no. 49/08, 72/12). The measures that emerge from the Risk Analysis are included in the project for the acquisition of the building permit.

3.6 The second track route comes near the Italian territory also at the regional natural reserve of the Glinš čica valley, at the site of community importance (SCI) IT3340006 " and Gorica Karst", and at the site of special protection (SSP) IT3341002 "Karst areas of the Giulia Region". With regard to this comment, the addressed authority studied the attached documentation and found that the mentioned issue of the above mentioned protected areas is appropriately considered. The Laghetti delle Noghere protected area has not been exposed particularly, because it was established during the assessment that there will be no impacts on this area, since appropriate mitigation measures were determined for ensuring the unmodified water regime and appropriate water quality, and these measures will prevent potential impacts on surface and groundwater. The submitted documentation presented the potential impacts on Italy in the Chapter entitled Possible cross-border effects PV0-4.

The main technical solutions and mitigation measures that will prevent impacts on significant areas with regard to nature protection in Italy, i.e. are: • The change of the project where the dam across the Glinš čica valley was replaced with bridges. Structures for bridging the Glinš čica River should be designed so that the structure prevents a derailed train from falling into the Glinš čica valley; • Watertight tunnels where water will be collected in waste water channels that will be directed in the reservoirs located outside the tunnels (2.2.1.7 Drainage during operations, subtitle Drainage of waste water from the tunnel); • All measures envisaged to prevent negative impacts on surface and ground water; • It will be guaranteed during construction works along and in the watercourse that no continuing turbidity conditions emerge. During construction, no interventions are allowed in the riverbed by using materials that contain dangerous compounds; concreting in the water course is not allowed, and the spillage of mixtures of lime or cement in the water will be prevented; • No interventions are permitted in the riverbed and the embankments of the Glinš čica, waste water cannot be drained in it (drainage of waste water during tunnel construction is described in Chapter 2.3.2 Regulation of construction sites, subtitle Drainage PV0-4); • Sufficient amount of absorption means must be available on construction sites; • Construction sites and access to them in the Glinš čica valley will be visible limited with a protective fence; • At the construction site at Glinš čica, effective means should always be available in case of accidents involving spillages of hazardous substances, i.e. for damming and preventing the spread of the pollution downstream. The addressed authority further explained that the Comprehensive monitoring plan was prepared within the PV0-5, which also includes the Study for the implementation of measures. The study includes the following aspects: the method of construction and technical equipment, physical protection, time limitation, envisaged management method at potential pollution. The content of the study has been harmonised with the ZRSVN.

3.7 The potential impact on the springs of Timava, which could be caused by interventions on the karst area near Diva ča, is quite significant, however, the springs are no longer used to supply Trieste with drinking water [...omitted...] significant risk for pollution is caused by pollutants that protrude from the surface [...omitted...]. During floods, the pollution of Timava could reach its springs in several days ..." " …The tracking test in the spring of 2001 on the area of Beka – the spring system in Ocizla – has confirmed that the springs are well connected. By implementing the tracking test with injection at the cave in Črnoti če in December 2009, it was established that

the draining off towards these springs confirms that they are quite vulnerable and there is a possibility of direct impact of the envisaged works ..." With regard to this comment the addressed authority explained that the standpoint to comments in this item is provided in answers to points 3.5, 3.6 and 3.8. Considering the mentioned facts the addressed authority established that only by consistent consideration of all mitigation measures in the appendix on protective measures that are summarised from the project documentation the envisaged intervention will not have excessive impact on groundwater sources. By considering the mentioned protective measures for the protection of water sources for the construction of the second track of the Diva ča–Koper railway line is acceptable. The construction interferes with the supply of groundwater that flows to Italy. Cross-border water sources will be equally protected with the proposed protection measures; therefore, there will be no significant cross-border hydro-geological impacts.

3.8 Considering the fact that the applicant stated that Glinš čica river as well as Osapska reka river spring in Slovenia but cross the border and flow in the Republic of Italy, the provider of the comment believes that the above mentioned harmful underground disturbances could impact the quality of water of the torrent rivers that could have consequences on the Italian side. With regard to this comment the addressed authority explained that for managing cross-border impacts of the construction of the second track of the Diva ča–Koper railway line on the situation in the neighbouring Italy that refer to interventions in the Glinš čica river and its influxes as well as the influxes of the Osapska reka with influxes, including the Vignano brook and Sekolovec brooks, the submitted documentation envisages the implementation of strict precautionary, preventive and safety measures during construction and during the operations of the second track of the Diva ča–Koper railway line. Technical solutions that will during construction ensure the reduction or elimination of negative impacts on the chemical and ecological situation of surface water and are included in the PV0-4 are envisaged. Other conditions are determined in the operative part of the environmental protection consent, protective measures and the Comprehensive Monitoring Plan. Based on the review of the assessment of potential impacts of construction and the operations of the second track of the Koper–Diva ča railway line on surface water and by considering the mitigation measures the addressed authority estimates that there will be no cross-border impacts on surface water. By organising and arranging construction sites, technological solutions for drilling and tunnel construction as well as with mitigation measures the risk for pollution of destruction of pits, their inventory and surrounding areas with substances and materials used or which are the result of transport, excavations and construction, is negligible according to the opinion of the addressed authority.

3.9 After establishing that potential pollution of the Glinš čica river could endanger habitats and protected natural areas where the river flows, the provider of the comment evaluates that appropriate technological solutions and/or temporary objects intended to protect and which are set on potentially most critical sites are necessary to prevent and limit and potential pollution risk and that the plans for taking actions must be prepared for emergency cases and to resolve potential problems that could occur during construction. Due to registered possible or potential impacts, the technical solutions were modified (improved) as is described in the reply to comment 3.6, i.e. in the concept design preparation phase the Glinš čica river bridging solution was envisaged with a dam, however, due to the potential pollution risk further planning phases envisaged this technical solution to bridge the Glinš čica valley with an object. During intensive construction works (with an emphasis on the Glinš čica valley and other significant areas of nature protection) regular monitoring will be implemented to protect flora, fauna and habitat types where emphasis will be put on water organisms. A special study including all aspects of physical protection, time limitation, technical equipment, envisaged method of informing all contractors, monitoring was made for the purpose of the implementation of measures for the prevention of pollution of the area of the Glinš čica river.

3.10 The provider of the comment has assessed that the change of the water regime could, besides river pollution, also cause major changes of the ecological balance on the protected areas. With regard to this comment the addressed authority replied that any similarities in connection with the pollution of the Glinš čica river pollution and the change of the water regime are explained in the reply to comment 3.9. With regard to the above mentioned facts, the addressed authority believes that there

will be no changes in the ecological balance on the protected areas.

3.11 The provider of the comment assessed that the anti-noise fences on the area of the Vignano village, where the construction and aesthetic features are unknown, will resolve problems with noise and limit emissions below the legally determined limit values. With regard to the comment the addressed authority found that the planned anti-noise barrier will solve noise problems and limit emissions below the legally determined limit values. The construction features of the anti-noise barrier on the Vignano viaduct "V2" which are provided in Chapter: Measures during operations in PV0-4 are: a transparent 2.5 m high anti-noise barrier will be located on the right side of the cross section, which will be 740 m long. This will be screwed to the edge beam through the foundation plates. This will also serve as a security fence. The filler is composed of acrylic glass panels which will be located to provide anti-noise protection so that no empty space will be between them. Therefore, acrylic glass panels will be slightly wider (profiles C 500 x 120 x 20 mm). The envisaged absorption values of the anti-noise barrier ensure the noise absorption level for A2 category (from 4 to 8 dB(A)). The design of the anti-noise barrier is provided in the standpoint to comment 3.12.

3.12 After establishing that the images that could enable the assessment of the setting and visual impact of anti-noise barriers and that the submitted documentation did not provide images, photo simulations or other displays presenting the implementation of the analysis of all impacts of the V2 viaduct and barriers on landscape are not provided, the provider of the comment evaluated that a preliminary assessment of impacts on the landscape must be performed for the V2 viaduct and anti-noise barriers, since the barrier will be visible from the Italian side. The addressed authority agrees with the mentioned comment and replied that the PV0-5 was supplemented with the analysis of the visual integration of the intervention in the area and landscape in Chapter 8.2.11 Cultural landscape and visual qualities of the area. The mentioned chapter shows that the V2 viaduct will be visible from some objects on the NE edge of the Vignano village and conditionally also from the eastern parts of the industrial zone as well as from some objects from the Oreh hamlet, since it was not possible to assess with certainty in what scope the view will be closed with neighbouring objects (industrial and residential) and vegetation.

3.13 The provider of the comment assesses that the second track of the Diva ča–Koper railway line will be electrified, therefore there will be no pollutant emissions during operations; slight increase of PM10 particles can be envisaged during construction, however, such elevation is not concerting for the subject area, because the highest assessed values will remain within the scope of the legally determined limits. With regard to comment no. 3.13 the addressed authority establishes that the opinion is correct, so that the highest assessed values will remain within the legally determined limits.

3.14 The provider of the comment assessed that the railway line is entirely constructed on the karst area, which is rich in caves, fissures, gorges and hollows, running groundwater, springs, complicated connections between springs and underground reservoirs of various watercourses and torrents which cannot be planned ahead, therefore, the area presents a greater risk for the hydro-geological component of the environment. With regard to the comment the addressed authority replied that the opinions of the addressed authority to the comments under this item have been provided under points 3.5 and 3.8, where the measures for risk reduction were mentioned.

3.15 The provider of the comment assessed that the potential pollution of a certain area, i.e. due to non-intentional spillage of the pollutant, could have effect on greater distances and could spread more quickly and to a larger extent than on other types of stones. With regard to the comment the addressed authority replied that the risks connected with the protection against environmental and other accidents were described in Chapter PV0-4 in the planning phase, and that the Risk Analysis was prepared due to the potential risks for the pollution of groundwater. This chapter envisaged the preventive measures and the measures in case of accidents during construction and operations that are also part of this environmental protection consent. The addressed authority explains that the PV0-5 was supplemented based on the warning of the provider of the comment with regard to unintentional spillage of a pollutant, i.e. in Chapter 2.4.5.2 During

operations, mostly with regard to additional measures for handling in cases of accidents involving spillage or scattering of hazardous liquids or other materials.

3.16 The provider of the comment assessed that the railway line will be almost entirely built in tunnels, also near the border with Italy (especially in the upper part of the Glinš čica valley), which will certainly cause the cutting of water lines, caves etc. resulting in disturbances in water circulation in the karst underground, which cannot be envisaged also during the construction itself. With regard to the comment the addressed authority replied that the mitigation measures in relation to the construction in tunnels were provided through project solutions for the reduction of impacts such as drainage, i.e. in the Chapter Tunnels in PV0-4. Details are explained in the replies of the addressed authority to comments 3.5 and 3.8.

3.17 The provider of the comment assessed that the above mentioned circumstances are potentially dangerous especially for the Glinš čica value, which is the SCI of significant importance due to flora and fauna, for which the Glinš čica torrent river and a complex aquifer are typical, since there is a unique natural habitat for many animal species like reptiles, amphibians and birds. With regard to the comment the addressed authority replied that the mitigation measures in relation to the construction in tunnels were provided through project solutions for the reduction of impacts in PV0- 4. Details are explained in the replies of the addressed authority to comment 3.6.

3.18 The provider of the comment assessed that such risks for the environment could refer to the Osapska reka river and the protected natural area of the biotope of lakes near Oreh (Laghetti delle Noghere). With regard to the comment the addressed authority replied that the risks due to project solutions for reducing impacts, implementation of mitigation measures and due to the introduction of the situation monitoring procedure will be prevented also for the Osapska reka river. Details are explained in the replies of the addressed authority to comment 3.8.

3.19 The provider of the comment assessed that there are still other "minor" risks that refer to the integration of the V2 viaduct with appropriate anti-noise barriers, i.e. in the landscape near the Vignano village. The addressed authority agrees with the mentioned comment and replied that the PV0-5 was supplemented with the analysis of the visual integration of the intervention in the area and landscape in Chapter 8.2.11 Cultural landscape and visual qualities of the area.

3.20 The provider of the comment assessed that the submitted documentation did not contain the assessment of project impacts in all phases (construction and operations) on the protected areas on the Italian territory near the border with the Republic of Slovenia and near the railway line, and that the project impacts on natural habitats in the SCI/SSP of the Glinš čica valley and the Osapska reka river with the protected biotope of the lakes near Oreh (Laghetti delle Noghere) have not been assessed yet. With regard to this comment the addressed authority explained that the answers are provided at comment 3.6.

3.21 The provider of the comment believes that appropriate mitigation and countervailing measures will have to be determined based on the impact assessment results, i.e. during the construction and the operations phase. With regard to this comment the addressed authority explained that the Chapter 6 of the PV0-4 Measures for the prevention, reduction or elimination of negative and possible negative effects and Chapter 8 Cross-border environmental impacts assessment describe all the mitigation measures during construction and during operations. Countervailing measures are not necessary.

3.22 The provider of the comment assessed that a monitoring plan should be prepared due to the sensitivity and special features of the karst area, and that this plan will not apply only for Slovenia as is mentioned in the documentation, but also for Italy. With regard to this comment the addressed authority replied that the Chapter 7 of PV0-4 on

Environment Situation Monitoring determines the envisaged monitoring for the construction and operations. At the same time the addressed authority added that the Comprehensive Monitoring Plan has been prepared and its solutions have been included in the PV0-5. The subject environmental protection consent provides the request for monitoring prior to the construction, i.e. that monitoring must be implemented prior to the start of construction, and that it will set the standpoint for establishing the impacts during construction and operations as well as improve the knowledge about hydrogeological situation. The plan should entail: 1. The continuation of measurements of groundwater levels in the current piezometers, 2. The continuation of measurements of the flow at the Rižana II measurement station (measurements are implemented by the addressed authority), 3. The continuation of measurements of water supply samples, registering the measurements of turbidity and microbiological quality (measurements are implemented by the Rižana water pipeline in Koper), 4. The continuation of measurements of the Glinš čica and Griža flows. The addressed authority also explained that the following monitoring is implemented currently: - Hydrogeological monitoring of the quantity of groundwater at piezometers that were implemented during researches for the second track of the Diva ča–Koper railway line. Monitoring is oriented in establishing the hydrogeological conditions in aquifers in various hydrological situations. The purpose is that all possible data are acquired until the start of construction in accordance with the envisaged technology of construction and during construction, based on which construction, protection measures and construction safety can be optimised; - Hydrological monitoring in cave systems: - In the Beka-Ocizla cave system. The connective measurements of levels and the observations of consequences of high waters show that some higher parts of the cave are completely filled and some lower parts are partially filled. Additional measurement points are exposed in the cave, where the water dynamics in the cave will be monitored in greater detail. The cave lies near the envisaged tunnel line; the interpretation of implemented measurements so far has shown that there are large tunnels behind the final seals. - Hydrological monitoring is also being implemented in the Osap cave which is intended for finding the connection between hydrological situation in the area of the T2 tunnel and the Osap cave as well as Osapska reka river; the monitoring of flows of Glinš čica and Škofijski potok which is intended for establishing high water waves and their impacts before construction and the optimisation of forecasts during and after construction; - Monitoring of turbidity at the Rižana water source and monitoring of conductivity on individual springs/objects of the Rižana water source. This will provide an insight in the current natural and possible artificially caused modifications in the basic physical and chemical characteristics at some observation sites; - Monitoring of the quality of groundwater with regard to potential endangerment of water sources of Rižna, Osapska reka and Boljunca: - Continuous measurements of precipitation on the area of works; - Continuous measurements of the flow (of water levels), conductivity (EC), temperature, connective turbidity measurements; - Automatic sampling for chemical analyses in accordance with the activity of works and hydrological situation; - Chemical analyses of samples: total solidity, calcium, carbonates, chlorides, suphates, nitrates, phosphates, chemical need for oxygen, whole hydrocarbons (min. oils); - Monitoring of pollution of waters in the piezometer T2-13, where water samples will be taken to find the natural background in the closed part of the aquifer under the flysch scale in geological layers, which can be enriched with organic substances. If there will be a good connection with the tracking attempts between drills and springs, a possible issue will be the presence of oil derivatives and remains of various lubricants as the consequence of transport in springs; - Bacteriological monitoring where the research has shown that the determined concentration of coliform bacteria (also whole aerobic bacteria) is still present in the examined springs. This can refer to agricultural use close to springs, e.g. fertilisation or faecal contamination. The impact of

the railway can be shown in the case of an accident at transport of biological material. The quality of drained water at outlets from retention basis in the environment and at the spring of Rižana will be regularly monitored during construction. The pH value, turbidity, water conductivity and temperature will also be measured continuously. Water samples will be taken regularly once a month for analysing the content of mineral oils, aluminium, lead, lithium, nitrogen (nitrate, nitrite, ammonium), sodium. Additional water samples will be taken and analysed with regard to the mentioned parameters occasionally when there will be significant changes of pH value, turbidity and water conductivity. The monitoring programme will be adapted during the construction works with regard to the established situation. The adaptation must be proposed by the accredited chemical laboratory. At influxes of water in excavated areas in situ measurements of Eh, oxygen content, conductivity, pH and temperature, unstable water composition will be controlled, since it can be aggressive to concrete or subject to salt accumulation. Detailed analyses will be made for such waters and additional preventive measures will be envisaged if necessary. The flow of water to retention basins will be regularly monitored during construction and measuring sites will be arranged. The water level at the measuring site will also be measured continuously. Monitoring that was established in the observation network of piezometers and water sources in the phase of geological and geotechnical researches will continue for the needs of preparing the project for the acquisition of the building permit. All influxes and quantities of water in excavated sites and tunnels will be mapped during construction. The trend of these influxes will be monitored. Geological situation, lithological modifications, position and orientation of fissures will be accurately mapped. All karst phenomena and their features will be followed karstologically, especially the water flow indicators. If any caverns are discovered, measurement will be implemented and cave areas plans will be prepared. When caverns or open cracks are discovered, their appropriateness for return flow of drained water will be established and, if necessary, a tracking attempt for establishing the impact of water return flow will be implemented. Based on the tracking, the actual situation will be established with regard to the forecast and, if necessary, the optimisation of the distribution of drained and non-drained parts of tunnels will be prepared. Drilling will be permanently monitored during construction and tunnel drainage effects will be established as well as the forecast of possible ingress of water will be renewed. During the operations of tunnels T1 and T2, samples of drained hill water must be taken three times per year in the first three years of operations, once during low water, once during the dominant quantity of the outflow and once during high water. The pH value, turbidity, water conductivity and temperature must be automatically registered. Analyses on the content of mineral oil, aluminium, lead, lithium, nitrogen (nitrate, nitrite, and ammonia), sodium, potassium, calcium, magnesium, sulphate, hydrogen carbonate, chloride must be implemented. The inflows of drained hill water will be automatically registered during the operations of the T1 and T2 tunnels.

3.23 After establishing that the envisaged excavations in the project amount to approximately 3,500,000 m3 of material, of which one part will be transferred to appropriate storage facilities, the other part will be used on site; that approximately 500,000 t of injected concrete is envisaged for the implementation of the project; that the quantities of used material show the grandness of the project in connection with the exceptional sensitivity of the karst area that requires special protection; that the Ministry of the Environment and the Protection of Land and Sea must be notified on further implementation of all phases of (final, implementing and construction) engineering so that the standpoints are formed in connection with the suitability of adopted operational decisions; the provider of the comment estimated that the Report on the environmental impact of the second track of the Diva ča–Koper railway line – request for the issue of the environmental permit of 15 February 2012 and the attached maps do not provide all the necessary information for the determination and assessment of cross-border effects on the environment, caused by the construction and operations of the railway line and for the assessment of the argumentation of analyses which were performed by the applicant. Contrary to the statements of the applicant, environmental impacts on the Italian territory cannot be excluded, since it is currently impossible to estimate their scope. These possible

effects mostly refer to the project construction phase. With regard to this comment the addressed authority explained that the answer is provided in comments 3.5 and 3.8. The addressed authority also explained that the Risk Analysis determined that by consistently considering all limitations and preventive measures (Appendix 12.2 Preventive measures to PV0-4) which were summarised according to project documentation, the construction and the operations of the second track of the Diva ča–Koper railway line will not excessively impact the groundwater sources. By considering the mentioned protective measures for the protection of water sources for the construction of the second track of the Diva ča–Koper railway line is acceptable. The construction interferes with the supply of groundwater that flows to Italy. Cross-border water sources will be equally protected with the proposed protection measures; therefore, there will be no significant cross-border hydro-geological impacts. Due to preventive conduct and implementation of mitigation measures, the Glinš čica river will not be polluted during construction and operations. Since the bridge does not interfere in the valley bottom and the riverbed of the Glinš čica river, the water regime of the Glinš čica river will not change.

3.24 The provider of the comment believes that the analysis of possible cross-border impacts can be considered as complete from the standpoint of recognition, however, the determination of operational choices is deficient, therefore a comprehensive impact assessment cannot be made nor the scope of construction measures (success/efficiency) that will be adopted due to the elimination or mitigation of the mentioned risks cannot be assessed. With regard to the comment the addressed authority replied that the analysis of possible cross-border impacts is only part of the PV0-4, where potential problems are identified and followed by environmental measures for reducing impacts that eliminate potential impacts or reduce them to a minimum.

3.25 The provider of the comment believes that no accurate construction site plan has been available so far, where the operational details would be determined: 1. construction and processing techniques that must be selected based on modern knowledge and best available technologies and that the environment is protected; 2. used materials and transport methods (especially for chemicals which will be used in the excavation phase and for other substances that are dangerous for the environment); 3. measures adopted for the prevention of potential unintentional spillage which can emerge in various phases of transport and use; 4. the selection and management of work equipment, where special emphasis is put on excavation equipment; 5. selection and management of transport means; 6. selection and management of are for maintaining transport means and work equipment that will be preliminarily determined and appropriately prepared for this purpose; 7. the selection, concept, selection of size, implementation, management and maintenance of temporary objects, intended for the protection of the space and environment, especially the protection of the hydro-geological component; 8. management of waste produced during construction, where special emphasis is put on substances harmful for the environment and used during excavations; 9. the methods of management and maintenance of access roads to construction sites and all other areas where works will be implemented, where harmful materials and substances that would be removed by surface and deep water courses or by rainwater would gradually accumulate . With regard to comment no. 3.25 the addressed authority replied that an accurate construction site plan was prepared: Regulation of the construction site on the route of the second track of the Diva ča– Koper railway line, SŽ Projektivno podjetje Ljubljana d.d., Ljubljana, December 2011 (hereinafter referred to as the Regulation of construction site) which was the basis for the implementation of the PV0-4. The addressed authority replied in relation to individual points of comments under no. 3.25 that the PV0-4 was prepared in accordance with the Decree on the content and includes all above mentioned operational details.

3.26 The provider of the comment believes that if the tunnels would be excavated with the NATM

Austrian technique, it would be appropriate that one chapter in the subject documentation is purposed for the description of tests that must be implemented prior to the use of construction machines, drilling and other preliminary measurements based on which appropriate conclusions can be made with regard to the efficiency of excavations and related impacts. With regard to this comment the addressed authority replied that the PV0-4 determines the requirements that must be fulfilled by construction mechanisation and the transport equipment during construction. The description of tests is further explained in projects: project design for a building permit for tunnels, project no. 3610/P, prepared in July 2010, (prepared by: J.V. SŽ - PP Ljubljana d.o.o., Geoportal d.o.o., ELEA iC d.o.o., IRGO Consulting d.o.o., LINEAL d.o.o., IBE d.d., PONTING Inženirski biro d.o.o., Gradbeni inštitut ZRMK d.o.o.) project design for a building permit for tunnels, project no. 3623/P, prepared in July 2011 (prepared by J.V. SŽ - PP Ljubljana d.o.o., Geoportal d.o.o., ELEA iC d.o.o., IRGO Consulting d.o.o., LINEAL d.o.o., IBE d.d., PONTING Inženirski biro d.o.o., Gradbeni inštitut ZRMK d.o.o.), which are the bases for the acquisition of the building permit and include the obligation of implementing geotechnical and other preliminary tests and preliminary measurements as well as observations, including: 1. Geotechnology The observation of characteristic profiles on the surface and in the tunnel will be implemented within the scope of geotechnical measurements; The observation area will be set on the wide area to enable the control of the impact of individual works on deformation changes; Geotechnical and control measurements will be continuously implemented during construction to establish potential redistribution of tension and to control the stability of the tunnel; geotechnical measurements are used to optimise supporting measures and work phases and they present a part of the excavation technology. 2. Other measurements During construction, the entity exercising the intervention will take water samples from the front of the excavation and along the tunnel, as well as implement chemical analyses to examine the impact of water on cement concrete in accordance with DIN 4030 standard, if this is required by the supervising engineer. 3. Researches for discovering karst phenomena Besides the consideration of data acquired at the implementation of geological and geotechnical reports, preliminary researches with pre-drilling and geo-radar measurements are envisaged to predict karst phenomena. Pre-drilling will be used to discover karst phenomena along the tunnel route, geo-radar measurements will be, if necessary, used to discover possible karst phenomena behind the front of the excavation, in the ceiling, walls and in the bottom of the tunnel.

3.27 The provider of the comment believes that the environment impact assessment has not been submitted, although the route runs near significant nature protection areas such as the internationally important bird areas (IBA) between the Osapska reka river and Glinš čica river, the Glinš čica valley natural reserve (Val Rosandra) and the site of community importance (SCI) IT3340006 – Trieste and Gorizia Karst, the site of special protection (SSP) IT3341002 – Karst areas of the Venezia Giulia region and the protected natural site of the biotope of lakes near Oreh; the mitigation and countervailing measures in connection with possible influences in this area have not been described yet. With regard to this comment the addressed authority explained that the answer is provided in comments 3.6 and 3.21.

3.28 The provider of the comment believes that environmental monitoring plan has not been envisaged for any phase on the Italian territory, although the special features of the karst landscape call for attentive monitoring before, during and after the construction due to the verification of caused changes – especially in the aquatic environment on the surface or below ground with regard to the chemical and physical as well as biological features of waters or with regard to the changed current/flow. With regard to this comment the addressed authority explained that the answer is provided under the previous point and in comments 3.15 and 3.22.

3.29 The provider of the comment believes that “no special study” has been provided yet as is described on page 586 of the report, which should – according to the applicant's statements –

contain the measures for the prevention of possible pollution of the Glinš čica valley. This document should be prepared and studied in this phase of the procedure, since it is not enough that it is submitted just before the first construction phase. With regard to this comment the addressed authority explained that all potentially possible impacts and connected measures as well as the environment situation monitoring plan were determined in PV0-4 and that the Study for the implementation of measures was prepared.

3.30 The provider of the comment believes that the assessment of impacts on the landscape for viaduct V2 and accompanying anti-noise barriers, where the objects will be visible from the Italian territory near the Vignano village, should be prepared. The addressed authority explains that the reply to this comment was provided in answer 3.12 to the comment.

3.31 Regardless of the fact that the Convention on Environmental Impact Assessment in Transboundary Context (Official Gazette of the Republic of Slovenia, no. 11/98, hereinafter referred to as the ESPOO Convention) in Article 7 refers to the Analysis after the implemented activity, we further explain: With regard to the requirement as per the first point determining that the participating contracting parties can determine whether and in what scope an analysis must be implemented after the conducted activity by considering potential significant harmful cross-border impacts of the activity, for which the environment impact assessment was conducted in accordance with the Convention, and that each analysis contains the monitoring of activities and the determination of any harmful cross-border effects, and that the purpose of this monitoring is to achieve the objectives stated in the Appendix V to the ESPOO Convention, we provide our standpoints to individual points of the Appendix: a. The monitoring of harmonisation with the conditions as are determined in the permit of activity approval, and the efficiency of mitigation measures; The implementation of this condition is ensured in accordance with legislation and regulations on the construction area. b. The review of impacts to ensure appropriate management and the management of uncertainties; As is explained in the previously mentioned standpoints to comments and final findings, the review of impacts for guaranteeing appropriate management and for the management of uncertainties (risks) is ensured with all envisaged mitigation measures and monitoring. c. The verification of previous predictions that experience could be transferred to future activity of the same type; As is explained in the preliminary standpoints to comments and answers to comments 3.8 and 3.26, the verification of forecast is partially considered by including the experience in motorway construction on this area and by implementing monitoring. In accordance with point 2 of Article 7 that determines: "2. When, as a result of post-project analysis, the Party of origin or the affected Party has reasonable grounds for concluding that there is a significant adverse transboundary impact or factors have been discovered which may result in such an impact, it shall immediately inform the other Party. The concerned Parties shall then consult on necessary measures to reduce or eliminate the impact." We agree that the Republic of Italy is notified on the situation as per above mentioned cases. With regard to this comment the addressed authority replied that the ESPOO Convention in Article 7 refers to the Analysis after the implemented activity. With regard to the requirement as per the first point determining that the participating contracting parties can determine whether and in what scope an analysis must be implemented after the conducted activity by considering potential significant harmful cross-border impacts of the activity, for which the environment impact assessment was conducted in accordance with the Convention, and that each analysis contains the monitoring of activities and the determination of any harmful cross- border effects, and that the purpose of this monitoring is to achieve the objectives stated in the Appendix V to the ESPOO Convention, the addressed authority provides its standpoints individual points of the Appendix: a) The monitoring of harmonisation with the conditions as are determined in the permit of activity approval, and the efficiency of mitigation measures; The implementation of this condition is ensured in accordance with legislation and regulations

on the construction area. b) The review of impacts to ensure appropriate management and the management of uncertainties; As is explained in the previously mentioned standpoints to comments and final findings, the review of impacts for guaranteeing appropriate management and for the management of uncertainties (risks) is ensured with all envisaged mitigation measures and monitoring. b) The verification of previous predictions that experience could be transferred to future activity of the same type. As is explained in preliminary standpoints to comments and conclusive findings (including standpoints to comments 8 and 26), the verification of forecasts is partially considered by implementing monitoring.

4. The comments of the Friuli-Venezia Giulia region (decision no. 1762 of 27 September 2013): Legislative decree no. 152/2006 – Opinion on the confirmation of environmental compatibility of the project for the construction of the second track of the Koper–Diva ča railway line, submitted by the Republic of Slovenia (PVO 469): 4.1 1. The programme background of the project is deficient, because the level of the use of the engineered second railway track nor the maximum capacity of the cargo flow have not been expressed with supporting objective data and special references. The addressed authority replied that the section of the second track of the Koper–Diva ča line is a part of priority project No. 6 of the Lyons–Trieste–Diva ča/Koper–Diva ča–Ljubljana–Budapest–Ukrainian border railway axis, as defined in Annex III of Decision 884/2004/EC. The section of the Koper–Diva ča line is part of Pan-European transport corridor 5. The strategic documents, which include the Koper– Diva ča section, are provided below: 1. National Programme of the Slovenian Railway Infrastructure Development (Official Gazette of the Republic of Slovenia, No. 13/96). The perspective plan for European railway infrastructure development (UIC) comprises three important axes running across Slovenia, including the Adriatic (Budapest–Pragersko–Ljubljana–Koper–Trieste–). 2. European Agreement on Main International Railway Lines: adopted by the United Nations Economic Commission (UN/ECE) in 1985. This Agreement includes the following lines E- 69: Budapest–Kotoriba–Pragersko–Zidani Most–Ljubljana–Koper. 3. European Agreement on Important International Combined Transport Lines and Related Installations (AGTC), adopted in 1991, defines the following railway connections as important connections for combined transport C-E 69 Hodoš–Murska Sobota–Ormož - Pragersko–Zidani Most–Ljubljana–Diva ča–Koper. 4. Decision No. 884/2004/EC of the European Parliament and of the Council of 29 April 2004 In accordance with Decision No 884/2004/EC the 6th priority is the Lyon–Trieste– Diva ča/Koper–Diva ča–Ljubljana–Budapest–Ukrainian border railway axis, a part of which is the Koper–Diva ča section. 5. Resolution on National Development Projects for the 2007–2023 Period: Modernisation of the railway network corridors 5 and 10 because the Koper–Diva ča section is situated in corridor 5. 6. The Spatial Development Strategy of Slovenia (Official Gazette of RS, No. 76/04): It is anticipated in the chapter on the equal inclusion of Slovenia in the European space that Slovenia will integrate its public economic infrastructure into the Trans-European Transport Networks (TEN-T), which are being realised in Slovenia within the Pan-European transport corridors 5 and 10 and the TEN energy corridor, the maritime transportation corridor, transverse transport links between transport corridors, and with links to the Adriatic Ionian Initiative (Chapter II.1.1.3). The chapter on integrated and coordinated transport and settlement network development and on the construction of public infrastructure defines: - Road, railway, airport and port network planning with regard to connections within Slovenia and with the international space (Chapter 5.5.3.3.), - Connecting of Slovenian centres of international importance (Ljubljana, Maribor, Koper) with Europe and with each other, together with the development of secondary transverse transport connections in relation to the Trans-European Transport Networks (TEN-T), Pan-European transport corridors 5 and 10, and the Adriatic-Ionian transport axis (Chapter 5.5.3.4) - In order to increase of the efficiency of traffic flow, intermodal transport connections and development of the railway network, which will assume most of long-distance goods transport

in the future, is being stimulated. The railway network is being modernised and adjusted to greater speeds in order to assume most of the long-distance goods transport (Chapter 5.5.3.5), whereby the port of Koper is also being linked to corridors 5 and 10 (Chapter 5.5.3.7). 7. Operational Programme of Environmental and Transport Infrastructure Development for the period 2007–2013 (hereinafter referred to as the OP ETID): The modernisation and additional construction of railway infrastructure in corridors 5 and 10 are priorities resulting from European strategic documents and the National Programme of Slovenian Railway Infrastructure Development, which defines the operational objectives of development. The OP ETID has been prepared based on the Resolution on the Transport Policy of the Republic of Slovenia adopted by the National Assembly on 3 May 2006 and the National Programme of the Slovenian Railway Infrastructure Development (Official Gazette of the Republic of Slovenia, No. 13/96). The decision on modernisation and additional construction of the Slovenian railway network relates to the need to improve transport services and also to provide sufficient network capacities for future traffic needs in both corridors. The gradual modernisation of the Slovenian railway network and the introduction of new technologies will also ensure the required level of technical standards, thus contributing to achieving interoperability throughout the entire TEN-T network . 8. Decision No. 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No. 1692/96/EC on Community guidelines for the development of the trans- European transport network defines the fastest possible development of the Lyons–Trieste– Diva ča/Koper–Diva ča–Ljubljana–Budapest–Ukrainian border railway axis, a part of which includes the Slovenian railway network , as a priority. Slovenia also considers it as a priority in it plans. 9. The intended intervention is is included in the OP ETID, with the amendment of the Operational Programme, Decision of the European Commission as of 14/04/2011, development priority ‘Railway infrastructure – CF’, which is the implementing document of the Republic of Slovenia for the period 20072013, and determines obligations and rights relating to the implementation of EU cohesion policies in Slovenia. The common goal of OP ETID is to provide conditions for growth by ensuring sustainable mobility, improving the quality of the environment, and the construction of appropriate infrastructure.

4.2 The current (existing) situation has not been appropriately described with the submission of objective data which would prove the statements on the near level of saturation for uploading activities on the pier as well as for the transport in the railway network. With regard to this comment the addressed authority replied that data that would prove the statements on the near saturation level for uploading activities on the pier and for the transport in the railway network are presented in Chapter 4.3.14.3.1.2 Railway transport PV0-4.

4.3 These statements consequently do not enable the verification of the actual need for construction of an engineered infrastructure with appropriate detailed analyses. With regard to this comment the addressed authority replied that the verification is not subject to the issue of the environmental protection consent, however, the client has provided arguments for the actual need for constructing the engineered infrastructure with appropriate detailed analyses presented in Chapter 5.14.2.1.2 Transport data PV0-4.

4.4 With regard to this aspect, no assessment on "zero possibility" (the possibility that the project is not implemented), which is mandatory for the forecasts in planning of railway infrastructure in the northern Adriatic, cannot be implemented. With regard to the comment the addressed authority replied that Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, which proposes the inclusion of the probable environment situation development also in the case that the project is not implemented (basic scenario) in the environment assessment procedure, the assessment is implemented in the Slovenian legislation through the strategic (comprehensive) environment assessment procedure or environmental reports in accordance with the first paragraph of Article 41 of the ZVO-1, for which the addressed authority is not competent.

4.5 The provided documentation does not include sufficient data that would refer especially to aspects, connected with impacts on hydrological, geological, landscape and acoustic

component of the environment. With regard to the comment the addressed authority replied that the impacts on hydrogeology are described in the chapter on the dynamics and quality of groundwater in PV0-4. A Risk Analysis was also implemented; its summary is the appendix to PV0-4 and was also sent as the attachment to the letter no. 411-61/2011-438-00711178 of 14 February 2013 for the Republic of Italy simultaneously with the reqplies to the comments of the Republic of Italy in May 2013. The impacts on the geological component of the environment are considered in the chapter on geological and relief features in PV0- 4, the impacts on landscape are described in the chapter on cultural landscape and visible qualities of space, the acoustic component of the environment was considered in the chapter on noise.

4.6 The possibility of negative impacts in the sense of quantity and quality is emphasised in relation to hydrological environment component. Drilling 22 km of tunnels can cause important changes of underground conditions on the karst area, but the possible consequences on the karst system and their potential impacts on the hydro geological system on the Italian territory are not presented. This aspect is very sensitive, since numerous springs and water leakages are typical for the Italian territory, and they are the preconditions for production activities of this area and the local hydrographic network, protected as the regional natural reserve of the Glinš čica valley, as the site of community importance (SCI) IT3340006 "Trieste and Gorica Karst", and at the site of special protection (SSP) IT3341002 "Karst areas of the Giulia Region". With regard to the comment the addressed authority explained that the reply was already provided in point 3.22 in connection with the answers to comments of the Republic of Italy.

4.7 High nature value (hereinafter referred to as the NV) of the Osapska reka river and the Glinš čica river with their influxes is determined by the fact that both water courses run on the surface of the Italian karst and that they are the fundamental element for life, nature and the form of the surface. They provide "unique" features to existing ecosystems. With regard to this comment the addressed authority explained that for managing cross-border impacts of the construction of the second track of the Diva ča–Koper railway line on the situation in the Republic of Italy that refer to interventions in the Glinš čica river and its influxes as well as the influxes of the Osapska reka with influxes, including the Vignano brook and Sekolovec brooks, the implementation of strict precautionary, preventive and safety measures during construction and during the operations of the second track of the Diva ča–Koper railway line is envisaged. Technical solutions that will during construction ensure the reduction or elimination of negative impacts on the chemical and ecological situation of surface water and are included in the project solutions and are described in PV0-4 based on the Preventive measures study. The following must be emphasised with regard to general measures for the prevention, reduction or elimination of negative and possible negative effects on the territory of the Republic of Italy, especially referring to water protection: - In situations when watercourses have water, the criteria for minimum water flows are considered, therefore, no turbidity state must be ensured on the section before the border crossing with Italy, as well as appropriate oxygen condition must be provided; this means that interventions in watercourses are implemented in the time when they have no water or non- dissolved substances must be removed with an appropriate sedimentation basin with appropriate flow time when surface watercourses have water. When surface watercourses have water, minimum flows must be ensured – this also stipulates restrictions with regard to the abstraction of water from surface watercourses that run to Italy; - Regardless of hydrological situation, it is also important that any spillage of construction materials, motor fuels and other potential pollutants in water is prevented. Based on the review of the assessment of potential impacts of construction and the operations of the second track of the Koper–Diva ča railway line on surface water and by considering the mitigation measures, the addressed authority estimates that cross-border impacts on surface water will be manageable or there will be none.

Extensive technical measures were included in the project to prevent the impacts, thus preventing further negative impacts on habitat types and species. In continuation, the addressed authority provides the most important technical solutions which will prevent negative cross-border impacts: - In the concept design preparation phase the Glinščica river bridging solution was envisaged

with a dam, however, due to the potential pollution risk further planning phases envisaged this technical solution to bridge the Glinš čica valley with an object. If the above mentioned mitigation measures will be implemented, there will be no pollution of the Glinš čica river. Since the planned bridge does not interfere in the valley bottom and the riverbed of the Glinš čica river, the water regime of the Glinš čica river will not change. Structures for bridging the Glinš čica River should be designed so that the structure prevents a derailed train from falling into the Glinš čica valley. This will also prevent the potential impacts during the operations of the railway line; - Tunnels will be implemented in watertight version to prevent the pollution of groundwater. Water will be collected in waste water channels that will be directed in the reservoirs located outside the tunnels; - Construction works in watercourses will be implemented in such way that no continuing turbidity conditions will emerge. No materials containing hazardous compounds will be used for the intervention in the riverbeds of watercourses. Concreting in watercourses is not permitted; - There will be no interventions in the riverbed and the embankments of the Glinš čica river, no waste water will be drained in it riverbed. At the construction site at Glinš čica, effective means should always be available in case of accidents involving spillages of hazardous substances, i.e. for damming and preventing the spread of the pollution downstream. - The Study for the implementation of measures has been prepared providing the following aspects: physical protection, time limitation, technical equipment, envisaged method of informing all contractors, monitoring and is part of the PV0-5; - Situation monitoring is envisaged for effective prevention of negative impacts. The planned situation monitoring is the basis for managing the construction of the envisaged railway line so that it will not have a negative impact on the wider and sensitive area on the Slovenian and Italian sides. For this purpose, a geotechnological, hydrogeological and speleological situation monitoring system has been established in 20120, and the results of this system will provide a reference for monitoring the success rate of implemented measures and will be implemented during the construction of the envisaged railway line. Besides the mentioned factors, the mitigation measures for groundwater, the measures for reducing the impacts on surface waters, the measures for reducing impacts on underground caves, the measures for reducing waste land that are mentioned in PV0-4 must be considered for reducing impacts on flora, fauna and habitat types during operations. Considering the mentioned facts the addressed authority estimates that there will be no negative impacts on the qualification types and habitat types in Italy.

4.8 The Glinš čica valley is the only area of the Trieste karst, where a surface watercourse runs, the flora and fauna on this area is very diverse regardless of the fact that the area is typically karst-like, therefore, very rare species of reptiles and amphibians can be found here. The addressed authority explains that the reply to this comment was provided under the previous point.

4.9 Inappropriate pumping of water from karst springs on karst areas could cause a significant reduction in the inflow of water in the Glinš čica river, which would have potential negative and important impacts on all related environmental factors, i.e. for flora or fauna. With regard to the comment the addressed authority explained that the reply was already provided in point 3.9 in connection with the answers to comments of the Republic of Italy.

4.10 The area is especially sensitive, since it is an area of water supply for numerous springs in the environment, especially on the Italian territory. Potential interventions on areas of increased water flow, which are currently unknown, could cause the drying of springs, consequently causing substantial changes on the water level of the subject watercourses. In this way, cross-border karst aquifers that form a sensitive and very vulnerable water system with major natural and cultural as well as historic value could be extremely affected during introduction, especially in the operations phase, when all the pumped water from built tunnels would be drained to existing watercourses. With regard to this comment the addressed authority explained that the answer is provided in the Appendix 12.2 of PV0-4: Preventive measures and in the chapter on the dynamics and quality of groundwater (measures for the prevention, reduction or elimination of negative and possible negative effects.)

4.11 The examined study (PVO) has completely neglected the issue of protecting cross-border aquifers; it also lacks many specific technical details. The addressed authority explains that the reply to this comment was provided under the previous point.

4.12 The recommendations on protecting water sources that comprise the springs of the Timava river were not considered, however, they are still used for drinking water supply and partially for industrial purposes. The addressed authority explains that the reply to this comment was provided under point 4.10.

4.13 Pumping groundwater and their flow in water bodies that are located at the end of tunnels could cause significant increase in the scope of waters that flow in torrents, and this would significantly impact the quality of water as well as biocenoses, which have been balanced so far, and also the flood safety of neighbouring areas. These aspects were not extensively studied in the presented documentation. The addressed authority explains that the reply to this comment was provided under point 4.10.

4.14 Possible impacts that could affect the landscape component of the environment are highlighted. The construction of the viaduct near the Vignano village will cause important visual/perception impacts especially on the surrounding area, which was emphasised by the Trieste region and the Milje municipality. The addressed authority explained that the reply was already provided in point 3.12 in connection with the answers to comments of the Republic of Italy.

4 15 The sound environment on the Italian side near the Vignano village will deteriorate significantly, since the applicant estimated that noise will significantly increase in comparison with the current situation. Warnings have been made with regard to the exceeded value which is determined for the limitation of noise during the night to 4 dB, and it has been emphasised that the prescribed reference value is temporarily determined in the Regulation of the President of the Council of Ministers of 1 March 1991 and that the municipal plan on the classification of sound level will be transformed until March 2014. Since a quiet and peaceful area is considered, it is not excluded that the noise limitations which will be adopted by the municipality for these areas will be lower than it is currently in force. The addressed authority explained that the reply was already provided in point 3.11 in connection with the answers to comments of the Republic of Italy. The addressed authority makes special emphases that for reducing noise burdening during the operation of the second track and protecting Vignano on the Italian side of the border, a PHO-4 Plavje anti-noise fence is proposed on the right side, i.e. over the entire length of the V2 viaduct between the cut track west of T7 tunnel to the T8 tunnel portal. The envisaged length of the fence is 740 m and its height is 2.5 m. The envisaged absorption values of the anti-noise barrier ensure the noise absorption level for A2 category (from 4 to 8 dB(A)). With this protection the noise burden at most exposed objects in the Vignano village will reduce by up to maximum 12 dB(A), the estimated noise levels in 2025 will by considering the protection at closes objects achieve 41 dB(A) during the day and up to 42 dB(A). By considering the implementation of the anti-noise barrier on the area of the V2 viaduct, the noise burden in the environment on the Italian side of the border in the Vignano village will not exceed the legally determined limit value; there will be no cross-border impact on environmental burden.

4.16 The deficiencies in documentation which were initially found by the PVO service were not eliminated with the provided supplements. The addressed authority explained that the reply was already provided in point 3.1 in connection with the answers to comments of the Republic of Italy.

4.17 Despite an explicit demand, no document that would apply to regulations and enable the environment impact assessment was submitted, since the track is envisaged near the areas of special nature protection importance like the regional natural reserve of the Glinš čica valley, the site of community importance (SCI) IT3340006 "Trieste and Gorica Karst", the site of special protection (SSP) IT3341002 "Karst areas of the Giulia Region" and the protected natural area of the lake biotope near Oreh. Consequently, no mitigation or countervailing

measures in connection with possible impacts on protected areas are described. The addressed authority explained that the reply was already provided in point 3.6 in connection with the answers to comments of the Republic of Italy. The addressed authority should explain that with regard to the fact that the PV0-4 found that there will be no cross-border impacts by considering mitigation measures on the Slovenian side, the addressed authority establishes that countervailing measures are not necessary.

In letter no. 35402-2/2012-84 of 17 October the addressed authority asked the client to provide their opinion with regard to the comments of the public, acquired during the public presentation. In the letter no. 402-26/13-PDPVO-PMM-071 received on 22 November 2013 the client provided answers to comments.

On the basis of the submitted and obtained documentation, it was established as indicated in the explanation of this environmental protection consent.

Description of the Intended Project 1. Construction of the second track of the Diva ča–Koper railway line a. Technical elements The client intends to build the second track of the Koper–Diva ča railway line. The length of the railway line section is approximately 27 km. In Diva ča, the railway line is connected to the exit part of the Diva ča station at km 0+790, in Koper, the track ends at km28+091. The second track of the railway line is planned with elements that will permit the speed of passenger trains to 160 km/h with maximum 17 ‰ gradient of the new track.

The elements of the track of the line between the end of the Diva ča station and Bivje junction before the Koper station are as follows: - track length (km) 27.101, - Vmax (km/h) 160 - Rmin (m) 1404.3 (600) - imax (‰) 17, - number of tunnels 8 - total length of tunnels (km) 20.322, - share of tunnels (%) 72.35 - longest tunnel (m) 3700; - number of viaducts 2 - total length of railway viaducts (m) 1,080 - share of viaducts (%) 8.87 - the longest viaduct (m) 640.15

b. Description of project solution The start of the section of the new second track between Diva ča and Črni Kal is defined at km 0+790. The existing rail is immediately after the end of the sleeper of the double sleeper connection from km 0+945 relocated in the length of 830 m. In the left curve with radius R = 2500 m that is 333 m long, the deviated existing rail is relocated from the new one. The relocated existing rail shall in the left curve with radius R = 300 m with 318 m in length be relocated towards south-east and at km 1+775 (stationing of the existing track km 1+587) and after the end of the turn shall achieve the existing rail position. From the start of the section, the track runs in axis and on the embankment. At the beginning of a slight right turn with radius R = 2500 m, the track shall run from the embankment to the excavated section. For 1580 m the track shall run on the cut section (surface). To the tunnel portal, the new second track shall run in the axis. At km 1+825 the 110 kV overhead line Diva ča–Koper runs across the line, the existing 35 kV overhead line Diva ča–Kozina–Dekani shall be relocated a new crossing at km 2+118 shall be regulated. The track of the current overhead line 2 x 110 kV Diva ča–Koper which would cross the track at km 2+375 shall be relocated and a new crossing shall be arranged at km 2+568. At km 2+742 the track shall be crossed by the overhead line 10(20) kV Lokev–Matavun. Instead of the planned cable line Lokev–Matavun the existing overhead line shall be preserved, however on iron pillars with AlFe 70/12 mm conductors and AlMg conductor line. The water pipeline DN500 Lokev– shall be relocated so that it will run behind the portal above the T1 tunnel. In the major part, the relocated water pipeline will run besides or below the new T-1a service road. At a length of 105 m before the portal of the first tunnel, the cut widens to 40 m, so that the front of the cut is wide enough even for the entry into a service (security) tunnel. A service road (connected to the Diva ča–Lokev road) will lead to the expanded cut before the entrance to the tunnel, and after the construction of the tunnel, the platform will be used for safety purposes. At km 2+980, the track enters the first, 6700 m, long tunnel. Approximately at km 3+440 above the tunnel, the T1 water storage tank is located. It has 200 m 3 capacity for the needs of possible fire extinguishing in the tunnel. 142 m long V1 road will run to the water storage tank. At km 12+700, the new second track runs approximately 110 m below the planned tunnel on the Klanec–Srmin motorway. In the last section of the straight line, a lay-by with the axis at km 14+300 and the useful length of 750 m is anticipated. The tunnel widens at this part. A passing track runs to the right of the main track, with the distance between the two axes 4.75 m. At the beginning and end of the lay-by, the inclination of the line level is reduced from 17% to 10%. On the other side of the lay-by, a 50 m long one-way track is planned which will serve as a protective or parking track. Right behind the lay- by from km 14+776 in the last part of the tunnel, a new line will run in the right turn with radius R = 1500 m. The passage of the track below the karst plateau and the karst edge ends at km 15+915. The tunnel, through which the track runs from the Diva ča direction, ends here. The new track continues over the Osap valley or the NE hill of the Tinjan hill, mostly in tunnels. The access roads on the area of Tinjan are during the construction planned as two-lane roads which will be after the concluded construction arranged as single-lane roads with lay-bys. A 53 m wide and approximately 240 m long service platform is behind the portal. This platform will be built for the needs of the tunnel construction site and for servicing the tunnel as well as for possible interventions in the tunnel. The platform will be completely covered with asphalt. The embankments of the pre-cut area on the right side will be formed with berms. All water from the right embankment will run across the culvert with 2 x 2 m dimensions at km 15+975. The embankments of the pre-cut area on the left side will be implemented in the cut at the start and at the end as well as on the embankment in the middle part of the platform. The power sub- station ( Črni Kal) will also be built on the left side at the end of the platform for the purpose of powering electric catenary. A new T-2b 300 m long road will run to the sub-station or the platform. Right behind the platform, the track runs as a V1 440 m long viaduct. The second track runs in the middle part of the viaduct approximately 35 m below the planned viaduct of the Klanec–Srmin motorway. For 145 m the track runs after the viaduct in a cut and at km 16+760 it enters the T3 330 m long tunnel. On the area of the cut at km 16+636.50, the track crosses the water pipeline. At km 16+715 below the track there is a 1 x 1 m culvert, across which the water from the rear area of the left embankment of the cut will run. A 60 m long and 7 to 23 m wide platform is in front of the eastern portal of the T3 tunnel. From the T-3 road which will run to the exit platform of the T3 tunnel and the platform in front of the eastern portal, the T-3a road will be built and will be 156.5 m long. A 125 m long and from 30 to 40 m wide platform is planned between the exit portal of the T3 tunnel at km 17+090 and the entry portal of the T3 tunnel at km 17+215. A T-3a road will run from the existing road system above Gabrovica to the platform. It will be 760 m long. A sedimentation basin will be built at the beginning of the platform, where the water from the interior of the T3 tunnel will run. The water from the rear area and the left embankment will run across the culvert with 1 x 1 m cross-section at km 17+183. A sub-station will be built in front of the entry portal to the T4 tunnel on the right side of the track to provide electric power for tunnel safety systems. The 1947 m long T4 tunnel will run in the middle part from km 17+600 to km 17+950 below the Klanec–Srmin motorway. Despite sufficient coverage of the tunnel, construction will be conducted with appropriate measures, additionally determined upon researches during the next level of project implementation. At km 17+875 a 60 m long side exit tunnel tube IPC T-4a will run from the tunnel. 1013 m long T-4b road will run to the platform in front of the portal of the exit tunnel tube. The IPC-T4b exit safety tunnel tube, which will be 150 m long, will be rebuilt at km 18+535. The T-4b road will run to the service platform in front of the portal so that both platforms in front of the exit tubes will be connected with the same road. The platforms in front of side exit tunnel tubes will be approximately 30x50 m large. The T-4c road will be built from the designed service road of the future motorway to approximately middle of the T-4b road. It will be 500 m long. 400 m long T-4a road will be built above the tunnel, and will run from the side road system of the new motorway to the water storage tank. The water storage tank with capacity of 200 m3 will store water for possible extinguishing of fire in the T4 tunnel. The 3887 m long left turn with radius R = 1500 m, which is used for the track to pass by Gabrovica under Črni Kal, will end at km 18+881. 281 m before the end of the T4 tunnel, the track turns from the long turn to the straight line that is 1080 m long. On the area of the straight line the track runs in two short 115 m and 335 m long tunnels with intermediate short sections in cuts. The T4 tunnel ends with a portal at km 19+162, after the short platform at km 19+205 the next T5 tunnel starts. The water from the interior of the T4 tunnel will run across the three-chamber reinforced concrete sedimentation basin to the ditch on the left side of the track. The basin will be situated in front of the tunnel portal on the right side of the track. Due to unfavourable terrain configuration, a 12 m long GT5 gallery will be built in front of the tunnel. The platform between both tunnels will be situated on the area of a torrent ravine. The water flow below the platform will be arranged with a 2 x 2 m culvert at km 19+185. T-5 road will be built between platforms in front and behind the tunnel. It will be 177 m long. The T-5 tunnel ends with a portal at km 19+320. A 30 m long platform will be between T5 and T6 tunnels. The brook below the platform will run in a 2 x 2 m culvert at km 19+339. In front of the T6 tunnel platform at km 19+365 a 15 m long GT6 gallery will be built. The T6 tunnel will be 335 m long. At the middle of the tunnel, between km 19+550 and 19+660 a Carinthian-Cut cover will be built, i.e. the replacement of the thin hill upper layer above the tunnel with a concrete cover. The exit portal of the T6 tunnel is defined at km 19+700. The water from the interior of the tunnel will run across the three-chamber reinforced concrete sedimentation basin to embankment below the platform. The sedimentation basin will be built beside the portal, i.e. on the right side of the track. The 584 m long T-6 road will connect platform in front and behind the T6 tunnel. A 170 m long platform that is from 14 to 39 m wide will be built between the end of the T6 tunnel and the start of the T7 tunnel. Two long 2 x 2 m culverts will be built below the platform at km 19+765 and km 19+844. A 510 m long T- 7a road will be built to the northern side of the platform between T6 and T7 platforms. The track on the hill of Tinjan above the Osap valley ends with the entry portal of the T7 tunnel at km 19+870 and gradually directs towards the south in the last but one tunnel on the entire track. The start of the 4549 m long turn with radius R = 1404 m is defined 92 m behind the tunnel portal at km 19+961. In the 1150 m long T7 tunnel the track crosses the crest of the Tinjan hill. There is a water storage tank with 200 m3 capacity approximately above the first third of the tunnel, and is purposed for possible fire extinguishing in the T7 tunnel. The exit IPC-T7 tunnel tube will run from the middle of the tunnel at km 20+447 and will be 161 m long. A service platform will be built at the exit of the side tube and its dimensions will be 60 x 25 m. The T-7 road will be built from the Osap valley, it will be 1268 m long and the previously mentioned T-7a road will be connected to it until the entry portal of the T7 tunnel. The shorter road will run to the IPC-T7 service platform and a road will run to the T7 water storage tank. The T-7 road will continue with T-7b road (560 m long), which will run to the exit portal of the T7 tunnel. This is planned at km 21+020. A sedimentation basin will be entrenched right at the portal on the left side of the new track, into which water will run from the interior of the T7 tunnel, cleaner water from the basin will run along the hill on the left side of the platform. The sub-station for supplying electric power to safety systems in the tunnel will be built on the left side of the basin, in front of the T7 tunnel portal. The platform in front of the exit portal of the tunnel will be 50 m wide at the starting part along the portal, i.e. 80 m from the portal it will narrow to the width of the track plan. The track runs 490 m in the cut from the platform to the V2 viaduct. With the last, 630 m long viaduct, the track crosses the valley of the Vinjan brook. The track runs in a curve with radius R = 1404 m on the area of the entire V2 viaduct. There is a rail expansion device on both ends of the viaduct. The T-8a road runs from the platform in front of the exit portal of the T7 tunnel along the track under the V2 viaduct to the end of the viaduct or to the platform in front of the entry portal of the T8 tunnel. After the viaduct, the track continues into the final 3760 m long tunnel T8. Between the end of the V2 viaduct and the northern portal of the T8 tunnel, a 48 m long and to 49 m wide platform will be built. A service tube SC-8 which will be 3776 m long, will be built parallel to the main T8 tunnel tube. It will be 25 m from the main tube. Both tunnel tubes will be connected with transverse girders, 495 m apart. The track in the tunnel runs below Plavje, Zgornje Škofije and Spodnje Škofije. At km 24+510 the long turn with radius R = 1404 m ends. The water storage tank with 200 m3 capacity will be built on the surface above the tunnel at approx. km 24+750. In the last part of the tunnel from km 24+940 the track runs in a sharper right curve with radius R = 700 m, so that high speed passenger trains will lower their speed from 160 to 120 km/h on the preliminary straight line. The track at km 25+456 and km 25+488 (still) in the tunnel will run below the motorway tunnel tubes. The track exits the tunnel behind the existing main road in the hinterland of Dekani at km 26+040. The pre-cut of the tunnel will be expanded at the length of 110 m to approximately 28 m, so that the front of the cut will be wide enough to set the portal of the service tunnel. The T-8b service road will run to the tunnel platform. Clean water from the rear area from the tunnel will run to the ditch on the left side of the track, the wter from the interior of the tunnel will run across the three-chamber reinforced concrete sedimentation basis to the ditch on the left side of the track. The track continues on mild hills of the Rižana valley and comes near the existing track. The track runs in the cut area to km 26+367 where the flat 1 x 1 m culvert is located. The permanent 17‰ fall decreases to 5.7‰ at the break at km 26+428. At km 26+440 the track is crossed by a 35 kV overhead line in the air, and at km 26+473 a 110 kV overhead line crosses it in the air. The crossing of the local small brook at km 26+595 is arranged with a 3.0 x 1.7 m culvert. From km 26+617 to km 26+669 a new Dekani power sub-station is situated on the right side of the new track. At km 26+700 the track approaches the existing track and runs along it to the Bivje junction. At km 26+745 the track crosses the brook with the 5.0 x 1.8 m culvert. Since the second track already runs along the existing one, the new culvert is constructed as the extension of the current culvert. The 1884 m long right turn with radius R = 700 m ends at km 26+842. Immediately after the end of the turn at km 26+832, the track is crossed in underpass P1 by a field road (future cycling route). Due to the low route of the new second track and the inability to significantly deepen the road, the construction is planned in steel just as below the existing track. At km 26+910 the start of the last but one turn on the section is defined – that is the left turn with radius R = 600 m and allows speed V = 100 km/h. Both tracks cross a small ditch at km 26+953 with tube culvert with 100 cm diameter. The inclination of the line level of 5.7‰ decreases to 1.087‰ at the break at km 27+083. In this inclination, which is conditioned with the inclination of the existing track, the route crosses Rižana over a new bridge at km 27+244, which will be built just next to the existing one, to its right. The tube culvert below the existing track is extended under the second track (km 27+329). The underpass of the local P2 road below the existing track is demolished and replaced with a new one at km 27+355. Due to the lowering of the road inclination by approximately 1.80 m at the place where it crosses the track, the road will be built on the area of the excavation in a caisson, the ditch that now runs in the existing track, will run more to the north from the underpass area. At km 27+378 the track will run across the existing water pipeline. The water pipeline will be appropriately protected at that site. The new second track runs along the field road from the underpass to km 27+770. The new 430 m long field road is planned on the right side of the outlet ditch of the new second track. A flat culvert runs immediately after the end of the relocated field road below the existing road, and is extended also below the new second track (km 27+774). The new track runs in the last, right turn with radius R = 1500 m from km 27+564 to km 27+910. 45 m behind the end of the turn is a beginning of the left switch which is connected to the new switch on the existing rail. Connection between the new rail and the rail towards the passenger station will be enabled across the switch connection with permissible speed in the deviation V = 80 km/h. The route of the new second track ends at the Bivje junction at km 28+091. The second track will be connected to the Koper freight station. The stationing of the existing track is located here with the starting point of the Prešnica junction at km 28+088. c. Interventions connected to the main activity c.1 Relocation and reconstruction of the existing track The existing track will be terminated at the beginning of the route on the length of 830 m, a new track of the Diva ča–Prešnica line will be built along with the second track. The main body of the existing railway line will be expanded on the Dekani–Bivje section, i.e. with one (parallel) track, and the bridging objects will be expanded from 7.0 to 10.0 m, depending on the width of the track embankment. c.2 Regulation of access and service roads Access and service roads are also planned and connected with the intervention. They connect service platforms in front of tunnel portals with existing roads. During construction, access and service roads will be used for transporting the excavated hill material from tunnels and to transport construction material for the construction of tunnel tubes. During the operations of the second railway track, access and service roads will be intended for access for maintenance vehicles and urgent access in cases of accidents. c.3 Management of excess excavated material

The sites of permanent disposal of excess excavated material are directly connected with the intervention. Approximately 3,457,900 m 3 of excavated material will emerge at the construction of the second railway track (cuts and tunnels). Excess limestone (approx. 1,827,900 m 3) will be partially used for land embankments along the entire route of the second railway track and roads, the remaining excavated limestone material will be separated and processed into aggregates for the production of tampons and concretes in near quarries (e.g. Černoti če), and is considered in the assessment of impacts due to envisaged transport. Material not suitable for construction purposes (approximately 1,630,000 m 3) will be permanently deposited at three sites: at the abandoned marl quarry near Šmarska cesta (Šalara) 196,000 m 3, at Ankaranska Bonifika 130,000 m 3, and at the proposed site on the area of Bekovec 742,000 m 3. The remaining excess flysch material will be transported to the Koper station and further for processing at the Salonit Anhovo factory as well as to nearby quarries, i.e. Verd quarry, for the rehabilitation of the quarry site after the concluded exploitation etc. c.4 Regulations at the Koper cargo station for the transhipment and shipment of excess flysch material The Koper cargo station does not have the appropriate capacity (infrastructure and surface) to transship the excavated material while other transport continues operating without disturbances. Therefore, additional regulation of the surface for temporary storage of material, manoeuvring surface for uploading and extending the track no. 17 that will enable the stop for a longer train composition is planned for the uploading and the equipment of material. Uploading flysch material and the position of the surface for temporary storing at the Koper cargo station is located on the southern part of the first (import-export) group of tracks of the Koper cargo station. The surface for temporary storage is 7,000 m 2 large and reinforced with buffer (embankment) material. The capacity of the temporary surface for storage is from 12,000 to 18,000 m 2. 100 m long track no. 17 is also on the northern side of the track along the envisaged surface for temporary storage. The track will be extended by 230 m to 330 m to enable the stop and uploading of a composition of fifteen carriages (E series). A macadamised uploading platform with 1,500 m 2 surface is planned between the temporary area for storing material and the extended track no. 17. Three loaders (loaders with tires) will be able to work at the same time and upload flysch material from the surface for temporary storage to cargo carriages.

2. Bekovec disposal site The Decree on the national spatial plan for expressway on the Koper–Izola section (Official Gazette of the Republic of Slovenia, No. 112/04) determines that the Bekovec area is envisaged for permanent intake of 807,000 m 3 of excess soil. The area has been partially filled; the quantity of the implemented filling of the terrain on the edge within the area is estimated to 65,000 m 3 of the excavated material. Therefore, the submitted report envisages the entry in the remaining quantities on the area of Bekovec, i.e. 742,000 m 3 of excess excavated soil which will emerge at the construction of the second track of the Diva ča–Koper railway line.

The bottom and the sides of the area of intake of excavated material are made without sealing. Before the start of the deposit, all plants are removed from the surface, and then the separate layer of topsoil and subsoil (approximately 20 cm) is separated from the original basis. On parts where greater water leakage is established from 1.10–5 m/s to 1.10–7 m/s, the soil at the depth of 1.0 m will be replaced with clay material from the excavations on the track. The front of the input of the excavated material is planned at the narrowest part of the valley. Its height will be bridged in inclination 1:3 and 4.0 m wide berms per every 8.0 m height. The inclinations of side embankments are 1:3 to 1:4 with the same line of berms as at the front of the input of excavated material. The top of the input is shaped as a dome to enable fast drainage of surface water. The southern (left) part of the input of excavated material is shaped similarly; however, it is significantly smaller. This actually involves the upgrade of the existing terrain by maximum 5.0 m.

Regulations for draining hinterland and spring water are planned. Two outlet systems are planned, i.e. surface and underground outlet system. The entire surface outlet system will have to be raised to a higher level by filling the valley. The riverbed of the Krnica brook as the main recipient on the area will be relocated to the right southern side of the valley and will be entirely entrenched in the overgrown terrain and will be stabilised with water management arrangements (profiles, slides, stone and vegetative protective objects). The riverbed is dimensioned to the conductivity of 500 l of high waters.

Torrent ravines emerge down- and upstream, there are none on the area of the envisaged deposit. The influxes on the left embankment will run in the new riverbed, the influxes from the right side will run in the northern edge ditch that takes the water to the riverbed of the Krnica brook.

A walkable gallery will be built before the input of soil in the ground for draining spring, filtering and partially hinterland water. This will ensure the drainage of water from side ravines and the collection of filtering water or the drainage of the bottom of the ravine. The Krnica brook will be temporarily redirected under the gallery during the deposit of the excavated material (until the concluded deposit). The walkable gallery will enable appropriate access for maintenance works and for the implementation of possible additional measures for water drainage. The gallery will be protected with a stone embankment. The accumulated water will run at the front of the dam from the walkable gallery to the stilling basin and further on to the existing riverbed of the brook. This will entirely preserve the hydrologic balance of groundwater on the area of the input of excavated soil in the ground.

Drainage of surface and filtering water will be ensured in all construction phases and during recultivation. The final approximately 2 m thick layer is additionally thickened to reduce the water penetration and to enable the outflow of surface water.

Two descending roads are planned on the area of deposit. They will be used as maintenance and field access roads after the deposit and recultivation of the land where excess material is input will be finished. The eastern 680 m long access road will run from the entry to the area of input along the east (right) edge of the area. The 400 m long west road runs along the west (left) edge of the area.

Recultivation is envisaged after the deposit has finished. Soil, removed prior to the deposit of the material, shall be spread in approximately 10 cm thick layer. Surfaces, where agriculture is possible, must be re-cultivated to agricultural surface and returned to owners, steep hills shall be intensively planted with indigenous trees.

The area of consideration crosses the high voltage overhead line and entails a pillar on the area of the input of excavated material in the ground. The regulation of the input area is designed so that the new regulation of the torrent brook runs south from the line pillar. The dam is planned in the permissible dimension, up to the pillar basis height. Prior to detailed planning, the hangs of the overhead line must be monitored and the height of the input of the excavated material at the area of the pillar basis must be adapted with regard to the results.

3. Deforestation The second track will encompass in total 71.9 ha of land. The major part, i.e. 35.5 ha, is forests. To km 2+000 the track runs mostly on forest land, from km 2+000 to the entry portal T1 at km 2+980 it runs mostly on meadows or growing meadows. A part of the open route of the railway line between Črni Kal and Koper reaches into forest land. From the exit from the third tunnel below Gabrovica and to the entry to the eighth tunnel, the track runs through forests and on growing meadows. Forests in the area in question are commercial, but mainly with a low intensity of economic use. Forests covering the steep slopes over watercourses and forests on shallow land have a protective role. Fire safety of the natural environment is specially determined on on the karst forest management area. The first level of fire hazard to forests (very high fire hazard level) isw located on the area where the track enters the T1 tunnel, the V1 viaduct and the area where it transfers from T3 to T4 tunnel and runs across the V2 viaduct. The first level of forest land and structure protection function importance stands out on the area of the V1 viaduct, the aesthetic function is emphasised on the area of the V1 viaduct, and the biotope and research function on the area of Brdinski hrib hill are emphasised. The track in the field mostly crosses the areas with second level of importance, i.e. with regard to wood production function. The protective role is especially emphasised on the area of the Brdinjski and Tinjanski hrib hills due to the categorisation of the hills as protective forests (Regulation on protective forests and forests with a special purpose (Official Gazette of the Republic of Slovenia, no. 88/05, 56/07, 29/09, 91/10). The first level of function importance is given to forest land and structures on the area where the track passes from T1 tunnel to T2 tunnel and the V1 viaduct, the function of biodiversity and nature value protection on the area where the track passes from T1 tunnel to T2 tunnel, and the aesthetic function is emphasised on the area of the V1 viaduct, the biotope and research function are emphasised on the area of Brdinski hrib hill. The track in the field mostly crosses the areas with second level of importance, i.e. with regard to wood production function.

The consequences of construction on forest areas and forestry along the second track of the Diva ča– Koper railway line are displayed as: - Temporary withdrawal of forest land including the cutting of forest for temporary objects (manoeuvring surfaces, building platforms, other ancillary building surfaces etc.), temporary transport roads and due to the temporary use of forest surface and roads for building purposes; - Damage or destruction of the forest edge at temporary transport roads, manoeuvring and other ancillary building surfaces; - Increased erosion due to preparatory and earthworks; - The danger of uncontrolled or too intensive interventions in the forest due to manoeuvring space for construction mechanisation or inappropriately selected areas for the input of excess material in the ground; damages of the forest due to temporary objects on the construction site (manoeuvring surfaces, construction platforms etc.); - The deterioration of the stable forest network due to the termination of stable roads (forest and other roads, connections); - Enhanced possibility for damage to trees on steep areas under viaducts and along access roads; dusting due to the use of transport and work machinery. Along with permanent loss or impacts on the forest, the major impact on the forest surfaces and forestry will be the construction of two viaducts, platforms under the tunnels and culverts.

The consequences of construction the Diva ča–Koper railway line are displayed as: - Permanent loss of forest land, for which the change of use will have to be implemented (permit for deforestation, indemnification or compensation); - Protective forests 14020V, 114021V and 14051V will be affected in their basic functions, since they will be impacted by the second track with accompanying regulations; - Destruction of vegetation, forest edge and the emergence of a new forest edge, fragmentation of forest structures; - Change of hydrologic features and pollution of watercourses; - Disturbed use or termination of the current network of forest roads and cart tracks.

Due to a fairly large share of forest land on the considered area, there will be 35.5 ha of forest permanently destroyed due to the construction of the second track (out of a total of 71.9 ha), presenting approximately 72.2% of all affected land.

The indirect consequences of construction on forest areas and forestry along the second track of the Diva ča–Koper railway line are: - The change of micro climate and plant growth situation on the new forest edge; greater possibility for the occurrence of disturbances (damage due to snow, damage due to wind, damaged roots, increased vaporisation) on the new forest edge; - Impacts on the stability of the ground and the stability of forest structures; - The need for greater investments in the protection and growing of forests on the new forest edge, in the average width of 50 m; - Increased fire hazard; - Impact on animal migration corridors and their habitats; - Changes in forest management, forest growth and cutting as well as storage planning.

4. Intervention in protected areas The area of the envisaged intervention with the area of direct and/or remote impact (500 m) entails the following special protection areas for endangered birds (SPA) and the special areas of conservation (SAC) of habitats and wild plants and animals: SAC Karst, SPA Karst, SPA addition Karst, Škocjanske jame Regional Park, Diva ča - Risnik, Diva ča - Bukovnik, Diva ča - Ka čna jama, Beka - hollow at Škrklovca and Diva ča - Divaška jama cave. The Val Rosandra nature reserve and two Natura 2000 site - SPA Aree Cariche Della Venezia Giulia and SCI Carso Triestino e Goriziano – are located immediately across the state border on the Italian side.

The second track Diva ča–Koper physically crosses the following nature values: NV Jurjeva jama v Lokah, NV Brezno between profiles 63-64, NV Vre ček, NV Radvanj, double sinkhole south of Diva ča, NV Karst Edge and NV Rižana. The following valuable natural features are located in the immediate vicinity of the planned development: NV Črnoti če - location of fossils, NV Beško-Ocizelj system, NV S-4 (), NV Miškotova jama in Loke, the location of the input of excavated material also interferes in the natural value NV Bonifika. The envisaged second track physically interferes in the ecologically important area (EIA) Kras. According to the data from the PV0-4, there are no valuable natural features or ecologically important areas in the influence area in neighbouring countries.

The intervention impact area The intervention area, where the intended works could cause environmental burdens that have an impact on public health and property (hereinafter referred to as the impact area) is stipulated in the PV0- 5, Chapter 9. The impact area of the intended intervention on public health and property is determined based on the assessment of intervention impacts after the change, which consider the features of the intervention, the features and situation of the environment at the location of the intervention and on the wider area, as well as the areas with special legal regime. During construction, environmental burdens are considered: emission of substances in the air, including smells, emissions of substances in waters, waste emergence and waste management, use of hazardous substances and related risks, burdening the environment with noise or vibrations, burdening the environment with electromagnetic or ionised radiation and light pollution of the environment as the consequence of intervention impacts.

The assessment of impacts on individual parts of the environment show that the construction site and construction works within the site will cause certain burdens on the environment, which can be recognised as the impact area during construction. Due to the emissions of substances with PM10 particles that will impact the quality of air, noise and vibrations, the area of impact on public health or property during construction will encompass land plots with plot numbers or their parts according to the following cadastral municipalities: Lokev cadastral municipality: 2010, 2047, 2048, 2126, 2127, 2138, 2143, 2144, 2145, 2146, 2147, 2187, 2188, 1280/231, 1280, 235, 1280/236, 1280/239, 1280/240, 1280/241, 1280/245, 1280/247, 1280/251, 1632/1, 1633/2, 1634/4, 1645/4, 1645/5, 1931/2, 1934/1, 1936/1, 1941/378, 1941/380, 1941/385, 1941/387, 1941/389, 1941/390, 1941/401, 2007/1, 2008/2, 2009/3, 2011/1, 2011/3, 2025/1, 2028/1, 2031/2, 2035/1, 2037/2, 2038/2, 2049/2, 2050/1, 2063/2, 2064/1, 2065/3, 2065/5, 2066/1, 2085/1, 2086/1, 2087/2, 2090/2, 2092/1, 2128/2, 2129/1, 2132/1, 2133/2, 2136/3, 2137/2, 2140/1, 2142/1, 2142/2, 2185/1, 2186/2, 2190/1, 2190/2, 2300/147, 2300/149, 2300/150, 2300/152, 2300/155, 2300/160, 2300/163, 2300/164, 2300/165, 2300/169, 2300/171, 2300/174, 2300/176, 2300/182, 2300/184, 4506/6, 4529/12, 4529/14, 4529/17, 2065/8, 2066/4, 20912092/2, 2038/1 Diva ča cadastral municipality: 862, 863, 865, 866, 867, 886, 1043/13, 1043/48, 1043/51, 1043/53, 1043/56, 1043/58, 1043/59, 1043/61, 1050/12, 1050/14, 552/334, 552/335, 552/338, 784/1, 785/2, 857/1, 859/1, 861/1, 861/3, 864/1, 883/2, 884/5, 884/6, 884/7, 884/8, 887/5, 887/6, 887/8, 888/1, 888/3, 888/9, 890/2, 890/4, 942/23, 942/25, 942/26, 942/28, 942/33, 942/35, 942/36, 942/38, 942/41, 942/45, 942/46, 942/48, 942/49, 884/7, 884/4, 942/51, 864/2, 942/40, 942/29, 861/2, 892/10, Plavje cadastral municipality: 1232/2, 1232/4, 1233/5, 1233/6, 1233/8, 1234/1, 1236/2, 1236/4, 1236/7, 1237/2, 1237/3, 1237/4, 1237/5, 1238/4, 1238/6, 1239/4, 1245/14, 1245/17, 1245/18, 1245/21, 1245/23, 1245/25, 1246/4, 1246/6, 1340/5, 1422/1, 1423/1, 1424/1, 1425/1, 1426/1, 1427/1, 1428/1, 1429/1, 1430/1, 1431/1, 1433/1, 1434/1, 1435/1, 1436/1, 1437/1, 1438/1, 1439/1, 1440/2, 1441/1, 1442/1, 1443/1, 1444/1, 1445/1, 1446/1, 1447/1, 1448/1, 1449/1, 1450/1, 1451/1, 1452/1, 1453/1, 1454/1, 1455/1, 1456/1, 1457/1, 1458/1, 1459/1, 1460/1, 1465/1, 1466/1, 1467/1, 742/12, 742/14, 742/16, 742/17, 742/19, 742/20, 742/22, 742/24, 744/1, 744/3, 745/4, 746/4,

Škofije cadastral municipality: 1361/15, 1370/3, 1374/5, 1749/1, 1750/1, Dekani cadastral municipality: 2915, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2941, 2942, 2943, 2707/4, 2729/1, 2730/4, 2731/4, 2732/1, 2734/1, 2736/6, 2736/7, 2736/9, 2737/3, 2737/4, 2737/6, 2738/2, 2738/3, 2739/1, 2890/1, 2910/1, 2911/1, 2912/1, 2913/1, 2914/1, 2916/1, 2916/3, 2925/2, 2925/3, 2930/4, 2931/1; 2932/1, 2933/1, 2934/4, 2934/7, 2938/1, 2939/1, 2940/2, 2944/1, 2959/1, 2960/1, 2961/3, 2961/5 2963/1, 2964/3, 2964/6, 2965/1, 2966/1, 2967/1, 2968/1, 2971/3, 2978/2, 2978/3, 2978/4, 2979/1, 2980/3, 2980/4, 2980/6, 2981/4, 2981/5, 2981/6, 2982/3, 2983/3, 2984/3, 2985/3, 3002/1, 3003/1, 3004/1, 3005/1, 3006/1, 3049/4, 3049/6, 3051/1, 3054/3, 3054/5, 3060/1, 3062/1, 3064/2, 3077/3, 3078/3, 3081/6, 3082/1, 3083/1, 3088/4, 3088/6, 3089/3, 3089/4, 3089/8, 3090/2, 3091/1, 3095/1, 3104/2, 3105/1, 3106/2, 3002/3. Črni Kal cadastral municipality: 4041/1, 2655/1, Rožar cadastral municipality: 244/1, 245/4, 251/3, 262/12, 2635/3, 2635/6, Tinjan cadastral municipality: 1842/3, 790/3, 790/6, 790/7, 816/5, 816/7, 816/9, 817/1, Gabrovica cadastral municipality: 1250, 1251, 1252/1253, 1254/1263, 1295/1296, 1297/1298, 3/1, 5/1, 25/1, 30/1, 31/1, 2/5, 2/7, 1/9, 1/12, 6/13, 1144/11, 1146/10, 1146/12, 1146/4, 1146/5, 1147/1, 1147/18, 1147/20, 1153/3, 1154/11, 1154/13, 1154/15, 1154/3, 1154/6, 1154/8, 1155/8, 1158/4, 1158/7, 1161/25, 1172/10, 1172/13, 1242/1, 1243/1, 1244/1, 1244/2, 1244/3, 1249/1, 1255/1, 1256/1, 1257/1, 1258/1, 1259/1, 1260/1, 1261/1, 1261/2, 1262/1, 1262/2, 1264/1, 1265/1, 1266/3, 1267/3, 1268/3, 1269/1, 1273/10, 1274/10, 1275/7, 1276/6, 1277/5, 1278/1, 1279/1, 1279/2, 1280/1, 1281/1, 1286/11, 1293/1, 1294/1, 1299/1, 1300/1, 1305/1, 1306/1, 1307/1, 1354/4, 1355/4, 1356/6, 1357/11, 1357/13, 1357/15, 1357/17, 1357/19, 1358/11, 1358/12, 1358/13, 1358/15, 1358/4, 1358/5, 1358/6, 1358/7, 1358/8, 1359/13, 1359/15, 1359/17, 1359/19, 1359/2, 1359/21, 1360/1, 1360/4, 1361/10, 1362/10, 1362/13, 1362/15, 1363/1, 1364/1, 1365/6, 1366/1, 1367/11, 1367/12, 1368/1, 1369/5, 1371/1, 1381/1, 1383/1, 1384/1, 1385/4, 1385/5, 1386/4, 1386/5, 1387/4, 1388/4, 1389/4, 1390/4, 1391/1, 1392/1, 1392/5, 1393/1, 1398/5, 1399/3, 1422/10, 1422/12, 1422/4, 1424/3, 1425/1, 1426/1, 1427/1, 1428/1, 1448/1, 1449/1, 1450/1, 1451/1,

1452/1, 1454/1, 1455/1, 1456/1, 1457/1, 1457/2, 1458/1, 1458/2, 1459/1, 1460/1, 1461/3, 1464/1, 17/21, 17/23, 17/25, 17/27, 17/29, 17/32, 32/1, 33/2, 34/1, 36/1, 37/1, 38/1, 39/1, 40/1, 41/3, 41/4, 42/6, 42/8, 43/12, 43/17, 43/19, 43/5, 44/1, 45/1, 47/1, 47/10, 47/8, 47/10, 48/11, 48/7, 48/9, 1308/9, Osp cadastral municipality: 834, 1231/1, 2751/1, 2752/1, 2753/1, 2756/1, 2757/1, 2758/1, 2758/4, 2758/5, 2758/6, 2759/1, 2759/5, 2764/1, 2765/1, 2765/4, 2766/1, 2767/1, 2768/1, 2769/1, 2770/1, 2771/16, 2777/1, 2778/1, 2778/4, 2778/6, 2778/9, 2779/2, 2779/4, 2785/3, 2807/2, 2808/2, 2809/2, 2809/4, 2810/2, 2810/4, 2811/2, 2811/4, 2812/1, 2812/2, 2819/3, 2819/5, 755/3, 755/5, 756/1, 757/1, 761/10, 761/13, 761/15, 761/17, 761/19, 761/7, 786/3, 793/3, 796/1, 797/12, 797/5, 797/7, 797/9, 798/4, 798/7, 798/9, 799/3, 799/6, 809/3, 829/1, 830/1, 833/1, 836/1, 840/1, 841/1, 842/1, 843/3, 845/3, 845/5, 846/1, 862/3, 863/11, 863/3, 863/4, 863/5, 863/6, 863/9, 864/3, 866/1, 867/1, 868/1, 870/1, 876/4, 878/1, Bertoki cadastral municipality: 5751, 5756, 5757, 5758, 6317, 6319, 6320, 6321, 6322, 5742/3, 5742/5, 5746/1, 5747/3, 5747/5, 5748/1, 5752/1, 5753/1, 5754/1, 5759/1, 5781/1, 5782/1, 5786/3, 5791/4, 5791/6, 5791/9, 5792/11, 5792/13, 5792/9, 5994/3, 5994/5, 5994/7, 5994/8, 5996/3, 5998/1, 5999/1, 6007/6, 6007/8, 6009/4, 6010/5, 6011/1, 6041/3, 6042/3, 6042/5, 6073/18, 6316/3, 6318/1, 6364/5, 6375/13, 6377/1, 5797/23, 6307/10, The areas of intake of earth excavation in the ground: - Ankaranska Bonifika (Decree on the national spatial plan for comprehensive spatial arrangement of the international port in Koper (Official Gazette of the Republic of Slovenia, No. 48/11): cadastral municipality Ankaran: 799/29, - Abandoned marl quarry at the old Šmarje road: 3259, 3261, 1613/5, 1613/6, 1614/4, 1625/1, 1628/1, 1629/1, 1629/2, 1629/4, 1630/1, 3260/1, 3262/1, 3263/3, 3266/1, all Semedela cadastral municipality, - Bekovec (Decree on the national spatial plan for expressway on the Koper–Izola section (Official Gazette of the Republic of Slovenia, No. 112/04) and the Decree on the national spatial plan for expressway on the Klanec–Srmin section (Official Gazette of the Republic of Slovenia, no. 51/99): 727/19, 727/2, 727/3, 727/4, 727/8, 727/9, 727/10, 728/1, 2348/1, 2351/1, 2351/2, 2351/3, 2351/4, 2351/5, 2352/1, 2352/2, 2352/14, 2352/15, 2352/16, 2354/1, 2354/2, 2354/3, 2354/4, 2354/5, 2354/7, 2354/8, 2354/9, 2354/12, 2354/13, 2354/14, 2355/1, 2355/6, 2356, 2357/5, 2357/10, 2358/3, 2632/7, 2640/23, 2671/3, Rožar cadastral municipality, 2680/1, 2680/3, 2682/3, 2683/5, 2683/7, 2685, 2686/1, 2686/2, 2688, 2689, 2690, 2692, 2693/1, 2693/2, 2693/3, 2695/1, 2695/2, 2695/3, 2695/4, 2695/5, 3377/3, Črni Kal cadastral municipality. Land plots where mitigation measures must be implemented: - T4T7 road: 1, 2768, 2768/4, 2768/5, 916/1, 916/2, 2784/3, 2784/4, 915/1, 915/2, 876/7, 876/8, 2819/3, 2819/7, 2819/8, all Osp cadastral municipality and 960/4 960/5 960/6 960/7 960/8, 1853/1, 1853/2, 1853/3, 876/1, 876/2, 865/1, 865/2, 1842/5, 1842/6, 1842/7, 850/1, 850/2, 1842/8, 1842/9, 1841/1, 1841/2, 817/3, 817/4, 817/5, Tinjan cadastral municipality, - Field path T1a2: 4506/7, 2300/209, 2300/205, 2300/187, 2186/3, 2186/2, 2185/1, 2185/3, 2300/169, 2300/203, 2300/189, 2124/1, 2300/201, 2089, 2090/1, 2300/199, 2300/197, 2037/1, 2300/155, 2028/1, 2028/3, 2025/1, 2025/3, 2300/153, 2300/150, 2009/2, 2009/3, 2010, 2011/1, 2011/3, 2300/195, 2300/152, 2300/10, all Lokev cadastral municipality. Field path DP1: 3081/6, 2968/1, 2967/1, 2966/1, 2965/1, 2964/3, 2964/6, 2963/1, 3082/1, 2961/5, 2961/3, 2960/1, 2959/1, 3060/1, 2940/2, 2941, 2942, 2943, 3078/3 all Dekani cadastral municipality. Areas where the measures will be implemented to reduce impacts during construction: - Gabrovica cadastral municipality, land plot no. 1/1, 1/6, *99; - implementation of passive anti- noise protection, - Lokev cadastral municipality, land plot no.: 2300/118 and 2172 - implementation of passive anti-noise protection.

The impact area of the considered object on public health and property during construction is shown in graphic attachments in PV0-5 from G 16.1 to G 16.4.

Deforestation Cutting or deforestation will be implementation only on a narrow area of the intervention. Therefore, land plots where deforestation will be implemented are already included on the list of land plots for the area of the second track of the railway line with all accompanying arrangements. No deforestation will emerge outside the intervention area.

Impact area during operations

The assessment of individual impacts during operations shows that by considering all envisaged and proposed measures for the prevention, reduction or elimination of negative impacts and by consistent implementation of environment segment situation monitoring, the considered object will cause environmental burden during operations, which could impact public health or property on the following land plots or their parts in the cadastral municipalities: Lokev cadastral municipality: 2010, 2047, 2048, 2126, 2127, 2138, 2143, 2144, 2145, 2146, 2147, 2187, 2188, 1280/231, 1280/235, 1280/236, 1280/239, 1280/240, 1280/241, 1280/245, 1280/247, 1280/251, 1632/1, 1633/2, 1634/4, 1645/4, 1645/5, 1931/2, 1934/1, 1936/1, 1941/378, 1941/380, 1941/385, 1941/387, 1941/389, 1941/390, 1941/401, 2007/1, 2008/2, 2009/3, 2011/1, 2011/3, 2025/1, 2028/1, 2031/2, 2035/1, 2037/2, 2038/2, 2049/2, 2050/1, 2063/2, 2064/1, 2065/3, 2065/5, 2066/1, 2085/1, 2086/1, 2087/2, 2090/2, 2092/1, 2128/2, 2129/1, 2132/1, 2133/2, 2136/3, 2137/2, 2140/1, 2142/1, 2142/2, 2185/1, 2186/2, 2190/1, 2190/2, 2300/147, 2300/149, 2300/150, 2300/152, 2300/155, 2300/160, 2300/163, 2300/164, 2300/165, 2300/169, 2300/171, 2300/174, 2300/176, 2300/182, 2300/184, 4506/6, 4529/12, 4529/14, 4529/17, 2065/8, 2066/4, 20912092/2, 2038/1, Diva ča cadastral municipality: 862/863, 865/866, 867/886, 1043/13, 1043/59, 857/1, 859/1, 861/1, 864/1, 883/2, 884/5, 884/8, 887/5, 887/6, 887/8, 888/1, 888/3, 888/9, 890/2, 890/4, 942/25, 942/26, 942/28, 942/33, 942/35, 942/36, 942/38, 942/41, 942/45, 942/46, 942/48, 942/51, 864/2, 942/40, 942/29, 861/2, Plavje cadastral municipality: 1232/2, 1232/4, 1233/5, 1233/6, 1233/8, 1234/1, 1236/2, 1236/4, 1236/7, 1237/2, 1237/3, 1237/4, 1237/5, 1238/4, 1238/6, 1239/4, 1245/14, 1245/17, 1245/18, 1245/21, 1245/23, 1245/25, 1246/4, 1246/6, 1340/5, 1422/1, 1423/1, 1424/1, 1425/1, 1426/1, 1427/1, 1428/1, 1429/1, 1430/1, 1431/1, 1433/1, 1434/1, 1435/1, 1436/1, 1437/1, 1438/1, 1439/1, 1440/2, 1441/1, 1442/1, 1443/1, 1444/1, 1445/1, 1446/1, 1447/1, 1448/1, 1449/1, 1450/1, 1451/1, 1452/1, 1453/1, 1454/1, 1455/1, 1456/1, 1457/1, 1458/1, 1459/1, 1460/1, 1465/1, 1466/1, 1467/1, 742/12, 742/14, 742/16, 742/17, 742/19, 742/20, 742/22, 742/24, 744/1, 744/3, 745/4, 746/4, Škofije cadastral municipality: 1361/15, 1370/3, 1374/5, 1749/1, 1750/1, Dekani cadastral municipality: 2915, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2941, 2942, 2943, 2707/4, 2729/1, 2730/4, 2731/4, 2732/1, 2734/1, 2736/6, 2736/7, 2736/9, 2737/3, 2737/4, 2737/6, 2738/2, 2738/3, 2739/1, 2890/1, 2910/1, 2911/1, 2912/1, 2913/1, 2914/1, 2916/1, 2916/3, 2925/2, 2925/3, 2930/4, 2931/1, 2932/1, 2933/1, 2934/4, 2934/7, 2938/1, 2939/1, 2940/2, 2944/1, 2959/1, 2960/1, 2961/3, 2961/5 2963/1, 2964/3, 2964/6, 2965/1, 2966/1, 2967/1, 2968/1, 2971/3, 2978/2, 2978/3, 2978/4, 2979/1, 2980/3, 2980/4, 2980/6, 2981/4, 2981/5, 2981/6,

2982/3, 2983/3, 2984/3, 2985/3, 3002/1, 3003/1, 3004/1, 3005/1, 3006/1, 3049/4, 3049/6, 3051/1, 3054/3, 3054/5, 3060/1, 3062/1, 3064/2, 3077/3, 3078/3, 3081/6, 3082/1, 3083/1, 3088/4, 3088/6, 3089/3, 3089/4, 3089/8, 3090/2, 3091/1, 3095/1, 3104/2, 3105/1, 3106/2, 3002/3, Črni Kal cadastral municipality: 4041/1, 2655/1, Rožar cadastral municipality: 244/1, 245/4, 251/3, 262/12, 2635/3, 2635/6, Tinjan cadastral municipality: 1842/3, 790/3, 790/6, 790/7, 816/5, 816/7, 816/9, 817/1, Gabrovica cadastral municipality: 1250, 1251, 1252/1253, 1254/1263, 1295/1296, 1297/1298, 3/1, 5/1, 25/1, 30/1, 31/1, 2/5, 2/7, 1/9, 1/12, 6/13, 1144/11, 1146/10, 1146/12, 1146/4, 1146/5, 1147/1, 1147/18, 1147/20, 1153/3, 1154/11, 1154/13, 1154/15, 1154/3, 1154/6, 1154/8, 1155/8, 1158/4, 1158/7, 1161/25, 1172/10, 1172/13, 1242/1, 1243/1, 1244/1, 1244/2, 1244/3, 1249/1, 1255/1, 1256/1, 1257/1, 1258/1, 1259/1, 1260/1, 1261/1, 1261/2, 1262/1, 1262/2, 1264/1, 1265/1, 1266/3, 1267/3, 1268/3, 1269/1, 1273/10, 1274/10, 1275/7, 1276/6, 1277/5, 1278/1, 1279/1, 1279/2, 1280/1, 1281/1, 1286/11, 1293/1, 1294/1, 1299/1, 1300/1, 1305/1, 1306/1, 1307/1, 1354/4, 1355/4, 1356/6, 1357/11, 1357/13, 1357/15, 1357/17, 1357/19, 1358/11, 1358/12, 1358/13, 1358/15, 1358/4, 1358/5, 1358/6, 1358/7, 1358/8, 1359/13, 1359/15, 1359/17, 1359/19, 1359/2, 1359/21, 1360/1, 1360/4, 1361/10, 1362/10, 1362/13, 1362/15, 1363/1, 1364/1, 1365/6, 1366/1, 1367/11, 1367/12, 1368/1, 1369/5, 1371/1, 1381/1, 1383/1, 1384/1, 1385/4, 1385/5, 1386/4, 1386/5, 1387/4, 1388/4, 1389/4, 1390/4, 1391/1, 1392/1, 1392/5, 1393/1, 1398/5, 1399/3, 1422/10, 1422/12, 1422/4, 1424/3, 1425/1, 1426/1, 1427/1, 1428/1, 1448/1, 1449/1, 1450/1, 1451/1, 1452/1, 1454/1, 1455/1, 1456/1, 1457/1, 1457/2, 1458/1, 14.58/2, 1459/1, 1460/1, 1461/3, 1464/1, 17/21, 17/23, 17/25, 17/27, 17/29, 17/32, 32/1, 33/2, 34/1, 36/1, 37/1, 38/1, 39/1, 40/1, 41/3, 41/4, 42/6, 42/8, 43/12, 43/17, 43/19, 43/5, 44/1, 45/1, 47/1, 47/10, 47/8, 47/10, 48/11, 48/7, 48/9, 1308/9, Osp cadastral municipality: 834, 1231/1, 2751/1, 2752/1, 2753/1, 2756/1, 2757/1, 2758/1, 2758/4, 2758/5, 2758/6, 2759/1, 2759/5, 2764/1, 2765/1, 2765/4, 2766/1, 2767/1, 2768/1, 2769/1, 2770/1, 2771/16, 2777/1, 2778/1, 2778/4, 2778/6, 2778/9, 2779/2, 2779/4, 2785/3, 2807/2, 2808/2, 2809/2, 2809/4, 2810/2, 2810/4, 2811/2, 2811/4, 2812/1, 2812/2, 2819/3, 2819/5, 755/3, 755/5, 756/1, 757/1, 761/10, 761/13, 761/15, 761/17, 761/19, 761/7, 786/3, 793/3, 796/1, 797/12, 797/5, 797/7, 797/9, 798/4, 798/7, 798/9, 799/3, 799/6, 809/3, 829/1, 830/1, 833/1, 836/1, 840/1, . 8411842/1, 843/3, 8453845/5, 84618623/ 863, 8633863/4, 58635863/6, 8639864/3, 8661867/1, 8681870/1, 876/4, 878/1, Bertoki cadastral municipality: 5751, 5756/5757, 5758/6317, 6319/6320, 6321/6322, 5742/3, 5742/5, 5746/1, 5747/3, 5747/5, 5748/1, 5752/1, 5753/1, 5754/1, 5759/1, 5781/1, 5782/1, 5786/3, 5791/4, 5791/6, 5791/9, 5792/11, 5792/13, 5792/9, 5994/3, 5994/5, 5994/7, 5994/8, 5996/3, 5998/1, 5999/1, 6007/6, 6007/8, 6009/4, 6010/5, 6011/1, 6041/3, 6042/3, 6042/5, 6073/18, 6316/3, 6318/1, 6364/5, 6375/13, 6377/1, The areas of intake of earth excavation in the ground: - Ankaranska Bonifika (Decree on the national spatial plan for comprehensive spatial arrangement of the international port in Koper (Official Gazette of the Republic of Slovenia, no. 48/11): cadastral municipality Ankaran: 799/29, - Abandoned marl quarry at the old Šmarje road: 3259, 3261, 1613/5, 1613/6, 1614/4, 1625/1, 1628/1, 1629/1, 1629/2, 1629/4, 1630/1, 3260/1, 3262/1, 3263/3, 3266/1, all Semedela cadastral municipality,

- Bekovec (Decree on the national spatial plan for expressway on the Koper–Izola section (Official Gazette of the Republic of Slovenia, no. 112/04) and the Decree on the national spatial plan for expressway on the Klanec–Srmin section (Official Gazette of the Republic of Slovenia, No. 51/99): 727/19, 727/2, 727/3, 727/4, 727/8, 727/9, 727/10, 728/1, 2348/1, 2351/1, 2351/2, 2351/3, 2351/4, 2351/5, 2352/1, 2352/2, 2352/14, 2352/15, 2352/16, 2354/1, 2354/2, 2354/3, 2354/4, 2354/5, 2354/7, 2354/8, 2354/9, 2354/12, 2354/13, 2354/14, 2355/1, 2355/6, 2356, 2357/5, 2357/1, 2358/3, 2632/7, 2640/23, 2671/3, cadastral municipality Rožar and 2680/1, 2680/3, 2682/3, 2683/5, 2683/7, 2685, 2686/1, 2686/2, 2688, 2689, 2690, 2692, 2693/1, 2693/2, 2693/3, 2695/1, 2695/2, 2695/3, 2695/4, 2695/5, 3377/3, Črni Kal,

Land plots where mitigation measures must be implemented: - T4T7 road: 1, 2768, 2768/4, 2768/5, 916/1, 916/2, 2784/3, 2784/4, 915/1, 915/2, 876/7, 876/8, 2819/3, 2819/7, 2819/8, all Osp and 960/4 960/5 960/6 960/7 960/8, 1853/1 1853/2, 1853/3, 876/1, 876/2, 865/1, 865/2, 1842/5, 1842/6, 1842/7, 850/1, 850/2, 1842/8, 1842/9, 1841/1, 1841/2, 817/3, 817/4, 817/5, Tinjan cadastral municipality, - Field path T1a2: 4506/7, 2300/209, 2300/205, 2300/187, 2186/3, 2186/2, 2185/1, 2185/3, 2300/169, 2300/203, 2300/189, 2124/1, 2300/201, 2089, 2090/1, 2300/199, 2300/197, 2037/1, 2300/155, 2028/1, 2028/3, 2025/1, 2025/3, 2300/153, 2300/150, 2009/2, 2009/3, 2010, 2011/1, 2011/3, 2300/195, 2300/152, 2300/1, all Lokev cadastral municipality. - Field path DP1: 3081/6, 2968/1, 2967/1, 2966/1, 2965/1, 2964/3, 2964/6, 2963/1, 3082/1, 2961/5, 2961/3, 2960/1, 2959/1, 3060/1, 2940/2, 2941, 2942, 2943, 3078/3 all Dekani cadastral municipality. Areas where the measures will be implemented to reduce impacts during operations (passive anti- noise protection): - Bertoki cadastral municipality, land plot no.: 5964, - Dekani cadastral municipality, land plot no.: 2991/3, 2952.

The impact area of the considered object on public health and property during operations is shown in graphic attachments in PV0-5 from G 16.5 to G 16.8.

Decision and explanation of conditions The environmental conditions indicated in the operative part of this decision are divided into two groups – for the time during construction and for the time during operation.

1. Conditions during construction 1.1 Construction of the second track of the Diva ča–Koper railway line

Air protection (conditions under point 11. 1 of the operative part) The construction will have direct impact on air quality on the intervention area: with exhaust gases of the construction mechanisation, work devices and transport vehicles, with dusting during construction works (various sources) and by implementing other work operations

Due to the use of construction mechanisation, work devices and cargo vehicles, the concentration of nitrogen oxides and some other harmful substances in the air that are caused by exhaust gases from internal combustion engines can increase. The concentrations of dust particles in the atmosphere can increase due to dusting at construction and other works. Among pollutants, the PM10 particles can significantly impact the quality of air, however, the concentrations of other pollutants in the current situation are low enough (their limit values are not exceeded) that their potential increase will not achieve short-term and long-term limit or target values that are determined in the Decree on ambient air quality (Official Gazette of the Republic of Slovenia, no. 9/11). The impact of construction on air quality will change locally along the entire construction site, the impact of local dusting and emissions of pollutants from work machinery and transport vehicles will be temporary and present only during active works on the construction site and in dry weather.

Based on Article 8 of the Decree on the prevention and reduction of particulate emission from construction sites (Official Gazette of the Republic of Slovenia, no. 21/11, hereinafter referred to as the Decree on construction sites) all exits from construction sites and excessive material disposal sites must have a grid, furnished with filters and oil separator; this grid enables that the chassis, wheels and load bins of vehicles are washed before the vehicles drive on the public roads. Access roads to the construction site (outside the construction site fence) and excessive material disposal site must be covered with bearing asphalt layer and regularly cleaned with wet or moist procedures – with sweeping machines that do not cause dusting. Public roads where material will be transported must be regularly cleaned. During the mechanical processing procedures on the construction site, mitigation measures must be implemented at directing and limiting the rides of transport vehicles on the construction site area, ensuring transport of scattered construction and other material that cause dusting. Anti-dusting measures must be in accordance with the Decree on construction sites be further determined in the special study which must be prepared by the contractor and attached to the project for implementation, the basic scope of measures must be determined in the PV0-5. Organisational measures must be implemented on an individual construction site, i.e.: reduction of the quantity of stored construction material, its coverage, wetting or protection against wind influences, regular wetting with water or liquids that function against dust on carriageway surfaces or where excavations are implemented, dusting of transport roads on the construction site with sand granulate (diameter: 8–32 mm or even larger). Permanent or temporary disposal sites for bulk material are not permitted on areas between the construction site and neighbouring residential facilities.

Continuous cultivation is necessary for finished areas on the area of intervention like construction site, dams and excavations. In extremely windy situation, when the wind speed is higher than 5 m/s, where the probability of removal of material and the expectation rate of material dusting is higher (handling of bulk material), works must be terminated. To prevent the emission of particles in dry and windy weather, the speed of transport vehicles on internal transport roads must be limited on the construction site of the railway line and on the deposit locations, i.e. to maximum 10 km/h. Due to the vicinity of residential buildings the following measures must be implemented on the following locations: - The construction of a high, closed, panel construction site fence between the construction site of the second track and the nearby residential building on the areas of the Gabrovica 35 object and the Dekani village as the measure for partial prevention of the spreading of solid particles from the construction site area and temporary deposit sites as well as locations for storing mineral aggregates; - The construction of high, closed, panel construction site fences on individual areas of locations for permanent input of soil (Šalara and Bekovec), where the area of deposit is close to the residential building; high, closed, panel construction site fences must also be constructed on the area of temporary deposit sites and storage sites for mineral aggregates, mostly on areas that are close to the residential building or are exposed to winds; - Two new connecting roads between construction platforms T4 and T7 must be built, as well as between the V1 water storage tank and T1a road in Lokve. These alternative solutions enable the transport of excess excavated material that would according to the solutions from the Decree on the National Detailed Plan run through the Osap valley (villages Osp and Gabrovica) and through Lokve be redirected to the unsettled area thus decreasing the emissions of pollutants on the settlement area; - Tegular use, maintenance and cleaning of dust filters on temporary construction devices to produce concrete and crush the excavated stone.

Water protection (conditions under point II.2 of the operative part) All persons that come and are present on construction sites must be informed on the measures for the protection of groundwater. The construction site regulation plan has been prepared showing the positions of the construction site fence, transport roads, sanitary premises and wardrobes, storages, material deposit sites, the list of construction mechanisation, data on municipal connections, envisaged waste and the management of hazardous waste that will occur on the area of the construction site, envisaged types and quantities and the method of storing hazardous substances or chemicals that will emerge on the construction site area.

With the purpose of preventing harmful impacts on groundwater, fuel may be filled in construction machinery on the construction site area only with the use of appropriate cisterns for fuel transport. The mentioned activity can be implemented only on appropriately equipped areas that are determined in advance. Refuelling and providing oil from barrels in the area of intervention is not permitted. The pouring of hazardous and other liquid waste in the ground on the construction site area is also not permitted.

An appropriately equipped site outside the construction pit must be ensured for temporary storage of hazardous substances, storage vessels for hazardous waste must be made from appropriate materials (resistant to stored substances), closed and appropriately marked (waste label, hazard label), thus preventing the spillage or leaching of hazardous substances in the ground and groundwater in accordance with the Decree on waste, Decree on construction waste management (Official Gazette of the Republic of Slovenia, no. 34/08, hereinafter referred to as the Decree on construction waste) and the Decree on construction sites. A properly equipped place for the storage of hazardous substances with a drip pan of suitable capacity which in the case of leakage, scattering or other accidents, captures these substances and prevents discharge into the ground, the storage premises must be protected against atmospheric influences. Only such quantities of hazardous substances or chemicals that suffice for daily use can be stored on the area of the construction site. The access to the construction site is not permitted for unauthorised persons. Original packaging needs to be used for the storage of hazardous substances or chemicals, and containers for storing must be closed and marked with a danger sign.

In the event of a spill of petroleum products it is necessary to limit the pollution immediately, and to remove and deposit contaminated soil without causing harm. Contaminated soil is construction waste that emerges during construction. The provisions of the Decree on construction waste apply for this waste. An analysis of polluted material and the assessment of waste by an must be provided by an authorised institution. The analysis is the precondition for deciding on the method of removal of contaminated material in accordance with the Decree on waste. Based on the material analysis the contaminated soil is provided for further processing to the registered collector who is the registered collector of such waste. Appropriate absorption means for limiting and collecting oil derivatives (or other chemicals) that must be immediately accessible must be ensured on the area of the construction site. Such an event must be entered in the construction log book as is determined by the Decree on construction sites. Competent authorities (nearest police station, notification centre, fire brigade, inspection office) must be notified immediately on such events.

The premises for each diesel generator must be prepared in the form of a collection container. The floor of the room where the generator is located and each collection container must be oil- and watertight, which must be proven and confirmed by a certificate. There may be no ground outflows and direct connection with the sewage system. The walls and floor of the room with a diesel generator needs to be examined regularly and immediately rehabilitated in case of any injuries. Transformer oil must be biodegradable, dry transformers can be set up alternatively. Every collection container for transformer oil must be oil- and watertight, which must be proven with appropriate certificate. Every collection container for transformer oil must enable the collection of total quantity of oil, regular reviews of walls and the bottom of each collection container below the transformer are required, inspection logbook must be kept and possible damages must be rehabilitated immediately. Regular inspections and inspection logbook must be provided for each collection container. Possible damages must be rehabilitated immediately.

All external surfaces intended for the transport, handling or parking should be consolidated so as to ensure the water tightness and are bordered with curbs. Rainwater from the roofs of objects can flow in the system of sinkholes, the possibility of drainage of envisaged water must be proven by calculations. it is required that the bottom of every sinkhole is at least 1 metre above the highest surface level of groundwater. Sinkholes must be protected to disable the penetration of potential pollutants. The spillage of hazardous chemicals or hazardous waste (e.g. sediments and sludge from

oil separators) in the ground and groundwater or the outflow (sewage system) is prohibited. All internal sewage systems and oil as well as fat separators must be implemented in tight variant and a test as well as attestation must be performed.

The following measures must be implemented on the route of the second track for water protection purposes: - Municipal and meteor waste water from movable (temporary) devices and facilities may not be drained into the ground. Direct drainage of waste water is not permitted according to the provisions of the Waters Act (ZV-1) (Official Gazette of the Republic of Slovenia no. 67/02, 110/02-ZG0-1, 2/04-ZZdrl-A, 41/04-ZV0- 1 and 57/08, hereinafter referred to as the ZV-1) and the Decree on the emission of substances and heat in the discharge of wastewater into waters and public sewage system (Official Gazette of the Republic of Slovenia, Nos. 47/2005, 45/2007, 79/2009 and 64/12, hereinafter referred to as the Decree on emission). Appropriate sedimentation basins must be built for this purpose (with oil separators, if necessary), neutralisation (e.f. for water from concrete plants) or other technology (e.g. technology that returns water in the technological process or is efficient in the consumption of water) must be implemented to fulfil the requirements from the Decree on emission. Strict measures, mentioned in the PV0-5, i.e. in the chapters on surface waters, are necessary to manage the impacts of the construction of the second track of the Koper–Diva ča railway line that refer to the interventions in influxes to Osapska reka river, including the most important Vignano brook and Sekolovec brook, which are relevant due to regulation interventions. In situations when watercourses have water and the minimum water flow criteria that are determined in the Decree on surface water status (Official Gazette of the Republic of Slovenia, no. 14/2009 and 98/10) are considered, the no turbidity situation and appropriate oxygen supply must be ensured on the section before the crossing of the state border with the Republic of Italy. This means that interventions in watercourses are implemented in the time when they have no water or non- dissolved substances must be removed with an appropriate sedimentation basin with appropriate flow time when surface watercourses have water, which is determined in the Decree on the quality required of surface waters supporting fresh-water fish life (Official Gazette of the Republic of Slovenia, no. 46/2002 and 41/2004) that determines the content of suspended substances (expression for undissolved substances). When surface watercourses have water, minimum flows must be ensured – this also stipulates restrictions with regard to the abstraction of water from surface watercourses that run to Italy; - Watercourses must be planned to disable the modification of outflow situation (especially when waters are high) which could cause damage on the impact areas of those modifications.

The following measures must be implemented on the area of input, i.e. the marl quarry along the Šmarska cesta (area of input of permanent excess excavated material) for water protection purposes: - Regulation of temporary transport roads and surfaces away from springs. The minimum criteria of those deviations are determined in ZV-1 that determines the criteria for the use of the coastal 5 m area; - Static rollers or light vibration plates and rollers must be used for the reinforcement of the filling; - Drainage must be arranged at the contact of the dam and the embankment of the mark quarry in accordance with the provisions of the Building Act (Official Gazette of the Republic of Slovenia no. 110/02,097/03, Constitutional Court decisions: U-1-152/00-23, 41/04-ZV0-1, 45/04, 47/04, 62/04 Constitutional Court decisions: U-1-1/03-15, 102/04-UPB1 (14/05 corr.), 92/05-ZJC-B, 93/05- ZVMS, 111/05 Constitutional Court decisions: U-1-150/04-19, 120/06 Constitutional Court decisions: U-1-286/04-46, 126/07, 57/09 Constitutional Court decisions: U- 1-165/09-8, 108/09, 61/10-ZRud-1 (62/10 corr.), 20/11 Constitutional Court decisions: U-1- 165/09-34 and 57/12; hereinafter referred to as ZGO-1) with appropriate technical instructions; - All demolitions and the subsidence of the dam must be rehabilitated in accordance with the provisions of the ZGO-1 and appropriate technical instructions; - The catchments above the marl quarry are used for agricultural needs, therefore all construction works above the catchments are prohibited.

Further measure must be implemented on the Bekovec input area to reduce the impacts on groundwater during preparatory works and the input of material (the area of input of permanent excess excavated material): - The dam body must be planned to prevent the modification of hydrological status at water springs.

Protection against excessive noise (conditions under point II. 3 of the operative part) Noise emissions from the ventilation device for blowing air in the tunnel tubes must be reduced on the areas next to construction platforms of Črni Kal (T2 tunnel), Dekani (T8 tunnel) and near the Italian border below Tinjan between T7 and T8 tunnels to such a level that the legally determined limit values of noise as stipulated by the Decree on noise indicators will not be exceeded near the devices. Similar conditions also apply for jaw crushers on the area of Lokve (T1), Mihele (T1-T2) and Črni Kal (T2). The reduction of emissions for ventilation devices is achieved by using ventilators with noise silencers (reduction of emissions to 12 dB(A)), and for jaw crushers by constructing complete construction site fences in the direction of the nearby residential building.

Noise will also be excessive along temporary construction site access roads at the object Lokev 235 (plot no. 2300/118, Lokev cadastral municipality) and at object Lokev 230 (plot no. 2172, Lokev cadastral municipality), which will be burdened more if the connection between the V-1 and T-1a roads is used. Additional passive protection of protected premises (window rehabilitation) is necessary for those two objects, and additional anti-noise barriers would not be efficient due to direct access roads from construction land to the transport road, since the fences near access roads should be discontinued.

Temporary anti-noise fences for the protection of individual buildings with protected rooms near construction platforms in Črni Kal (Gabrovica 35) and Dekani (Dekani 23 and 23b) must be implemented to prevent the spreading of noise in the environment.

The following measure must be implemented for the protection against excessive noise: to – - Protect the object Gabrovica 35, a temporary anti-noise barrier must be constructed along the T-2b transport road; additionally a passive anti-noise protection of protected rooms in the object must be implemented. The estimated length of the temporary anti-noise fence is 90 m, a higher fence is proposed due to the topology of the terrain (3 or 3.5 m high). When the construction is concluded, the anti-noise barrier is disassembled and relocated. The project documentation for temporary anti-noise barrier must be prepared in the project for the acquisition of the building permit; - The temporary anti-noise barrier must also be implemented on the NE border of the construction portal of the T8 tunnel in Dekani. The length and height of the barrier must be adapted to the current regulation of the construction platform. The barrier must run above the T8 tunnel portal along the external border of the construction platform in the direction of the T- 8b temporary construction site access road. The dimensions of the temporary anti-noise barrier in Dekani must be defined in the project for the acquisition of the building permit; - On the area of Dekani, noise burden will be additionally increased due to the transport of material along the T-8b temporary construction site access road to the R2-409 regional road. If, during the construction, excessive noise will be measured at exposed buildings within the scope of operational monitoring, the protected rooms in overburdened buildings must be additionally protected with passive anti-noise measures, i.e. window rehabilitation. Anti-noise measures for reducing noise burden during the construction must be determined in the project for implementation; the measures will be implemented by the contractor.

Transport shall be redirected from the Osap valley to the unpopulated area, cargo transport must be redirected also from the Lokev village in the following way: - The construction of a connecting road between the T4 and T7 construction platforms south of the second track and north of the Ljubljana–Koper motorway, thus redirecting the transport of excessive material along the R3-627 regional road through Osp and Gabrovica directly to the Črni Kal motorway connection. A new approximately 2,000 m long temporary construction site access road must be regulated for the redirection of transport, the road shall run on unpopulated area. The estimated traffic load on the new T4-T7 temporary construction site access road is approximately 350 traffic flows per day, during intensive excavation, the estimated traffic load is 450 traffic flows of freight vehicles per day. This will prevent exceeding

the limit and critical values as determined in the Appendix 1 to the Decree on noise indicators during the construction process near buildings with protected areas along the regional road through the Osp and Gabrovica villages caused by additional transport of heavy freight vehicles; - Transport on the road between the V1 water storage tank and the T-1a temporary construction site access road. By using this road freight transport, which is according to the Decree on the National Detailed Plan envisaged along the local and regional road through Lokev, will be redirected outside the village. The road is 715 m long and there are two residential buildings located nearby (Lokev 230 and 235), which are 32 and 7 m away from the access road. Passive protection is envisaged for these buildings, i.e. sound insulation of windows. The traffic load on the access road is estimated to 20 traffic flows per day; - By considering the construction of the T4-T7 temporary construction site access road and the use of the T1a-V1 noise burden along access roads will be increased only on the area of individual objects in Diva ča (new buildings which are envisaged in Gabrovo naselje and two buildings along the Lokavska cesta street (Lokavska cesta 6 and 8), as well as in Dekani along the R2-409 regional road (Dekani 23b). The overburdened buildings in the national and local road network will be rehabilitated by road operators (Motorway Company in the Republic of Slovenia, Slovenian Roads Agency, municipalities). Noise will be occasionally increased on all locations on the areas where excess excavated material will be disposed. Increased noise during the input of soil will emerge in periods when the area of input will be close to residential buildings. Complete construction site fences must be constructed on these areas to decrease the noise burden, after the measurements will be implemented, temporary anti- noise barriers must also be constructed. Complete construction site fences must be set when implementing the second phase of the Bekovec area as well as on the upper border of the deposit area Šalara and on the area of the Ankaranska Bonifika. Measures must be specified in the project documentation for the acquisition of the building permit to regulate the areas of permanent input of soil.

Protection against vibrations (conditions under point II. 4 of the operative part)

After reviewing the submitted documentation, the addressed authority found that there is a possibility of impact of vibrations due to the construction of tunnels on the territory of areas that are located above the route of the railway track above tunnels T1, T2 and T8, where the coverage is smaller than 40 m on limestone (Lokev) and smaller than 60 m on flysch (Plavje). Due to the mentioned facts the addressed authority determined the conditions that prior to construction, all buildings on the area of intervention impact which will be mostly affected by the operation of the construction site must be registered and geodetic measurements must be implemented to monitor vertical movements of buildings.

Transport of construction material with heavy freight vehicles can cause vibrations in buildings that are located directly at access roads. Considering the fact that the impacts of vibrations are much more intensive when access roads are damaged or when there are obstacles for traffic calming, the addressed authority determined that access roads near buildings must be regularly controlled and potholes must be rehabilitated as well as the speed of trucks on access sections must be adjusted to reduce the vibrations caused by the transport of construction material. Since it is difficult to determine the intensity of vibrations in advance, test measurements for the assessment of the intensity of vibrations must be implemented at buildings on the area of the intervention impact upon the initiative of the affected population. There is no legal basis for assessing the impact of construction interventions and the operation of sources of vibrations in Slovenian legislation, foreign standards shall apply. The intensity of vibrations is determined based on the speed of oscillation; the values are assessed according to DIN4150-3, DIN4150-2 and ISO 2361-2 standards. Regardless of the results of test and/or additional measurements of vibrations, an accurate list of the situation of current damage on buildings must be made prior to construction, since this is the only way to find changes that will emerge during construction.

The client must implement vibrations measurements during construction for verifying the intensity of vibrations and their impact on buildings in accordance with the standard on the impact of vibrations on the building construction DIN4150-3, and they must consider the criterion for repeating vibrations and the residential type of the building. The limit values of vibrations speed for an individual class of buildings according to DIN4150-3 at short-term burdens are indicated in Table 4.3.15.2.1 of the PV0- 5. The limit values are divided according to the type of buildings and according to frequencies in accordance with the standard. For residential buildings the permissible speed of oscillation at foundation is 5 mm/s at 5 Hz frequency, 5–15 mm/s at 10–50 Hz frequency and 15–20 mm/s at a frequency higher than 50 Hz. The permissible speed of vibrations on the ceiling on the highest floor of the building is 15 mm/s for all frequencies. The criteria are stricter for buildings that are historical monuments. The limit values are determined in DIN4150-3, the limit value for historical monuments is only 2 mm/s. Considering the results of measurements, the client must adjust the method of drilling and the operation of construction machinery for reducing the level of vibrations. After the concluded construction a professional study including a register of damage on buildings on the impact area must be prepared and a comparison must be made with regard to the situation before the initiation of construction of the start of the intended intervention.

The following measures must be implemented on the route of the second track for the purposes of protection against vibrations: - Use of light vibration machines for reinforcing substructure which operate within a frequency range above 35Hz; - Adjustment of the use of drilling mechanisation and mining works (minor quantities of explosives, shorter blasts ...) to prevent the exceeding of the strictest seismic criteria on near residential buildings (the protection of the living environment against air blasts is considered in the Rules on technical norms in handling explosives and undermining in mining industry (Official Gazette of the SFRY, no. 26/88)). The maximum permitted increase of air pressure at the front of the air blast on the area of the residential buildings depends on the frequency of detonations. If several detonations per day will be implemented during construction, air pressure increase at mining is up to 1 mbar. During mining operations where an increase of air pressure above 3 mbar is expected, the condition of endangered buildings must be established before mining, as well as limit speed of oscillations; - Time of mining on open parts of the route near the residential buildings is limited to the period from 8:00 to 14:00; - Temporary construction site access roads T4 and T7 will be connected to reduce the impact on vibrations caused by the transport of the excavated material through the Osap valley; - For the purposes of reducing the impact on vibrations due to freight transport on the local and regional road through the Lokev village must be redirected along the road between the V1 water storage tank and the T-1a temporary construction site access road.

Waste management (conditions under point II. 5 of the operative part) The client will reuse, recycle (R5 procedure) and for the benefit of agriculture and ecological improvement of the ground use (R10 procedure) all excavated material (3,457,900 m3). The client may not dispose of the excavated material.

The following waste will emerge during construction besides the excavated material: 1. construction waste caused by object demolition, 2. remains of construction materials used on the area of the route, 3. waste packaging, 4. waste materials that emerge in case of spillage or scattering of construction materials, fuels, machine oils and lubricants, 5. waste oils from construction mechanisation, 6. dust from devices for removing dust in tunnel tubes and other devices on construction sites, 7. silt from sedimentation basins for cleaning waste water from tunnels and construction sites, 8. municipal waste caused by workers who are working on the track, 9. waste sludge from sanitary premises on construction sites.

The mentioned waste will be disposed in accordance with the provisions of the Waste Regulation, Construction Waste Regulation and the Decree on packaging and packaging waste handling (Official Gazette of the Republic of Slovenia, no. 84/2006, 106/2006,

110/2006, 67/2011 and 68/2011 corr.).

The intake of non-homogeneous limestone and flysch material involves is implemented: - at the abandoned marl quarry at Šmarska cesta for filling the areas of mineral materials to fill the ground after excavation, - at Ankaranska Bonifika and Bekovec for filling the lower layers of agricultural land according to regulations on agricultural land.

All three locations of intake for the recultivation of the ground in the upper layer of filling involve the waste management procedures according to the R10 procedure – intake in the ground for the agricultural benefit or for ecological improvement.

The same waste as mentioned in Table 5.18.1.1.2.1. of the PV0-5 will emerge on the mentioned locations of the intake of excavated material, excluding: - Waste caused by the demolition of objects (point 1 in the table); - Residues of construction materials used on the area of the route (point 2 in the table); waste packaging (point 3 in the table); - Dust from dust removal devices used for ventilating tunnel tubes and other devices on construction sites (point 6 in the table); - Silt from sedimentation basins for cleaning waste water from tunnels and construction sites.

If it is noticed during excavation that the earth excavation is polluted with oil, bitumen mixtures or non- natural mineral material waste is present, such waste must be managed separately in accordance with Article 4 of the Decree on construction waste.

If waste is deposited during excavation, they must be entirely removed including the possible polluted basis.

The client is permitted to finally regulate the area with an excavated soil that emerged during construction works on the site, if the data on the composition and analyses of the excavated material show that it is not polluted with hazardous substances so that it would be categorised as hazardous construction waste. The results of the analysis must be submitted to the ministry competent for environment protection. This requirement is determined in the third paragraph of Article 4 of the Decree on construction waste. The analysis must be conducted prior to the start of works. According to the provisions of Article 8 of the Decree on construction waste, the client can prepare excavated material for reuse and no environmental protection consent is required. The client will prepare excavated material for reuse and use it on construction sites which are shown in project documentation. The material does not have waste status in this part of excavated material, since reuse is involved before the material could become waste as is determined in point 14 of Article 3 of the Decree on waste. Soil that has been present on the location, or if it is insufficient, soil from other locations can be used to regulate the terrain or implement the relief as unpolluted and its components must be equal to the components of the existing soil, it must contain similar mineral or mineral and organic material which in its features applies to natural soil or subsoil and assumes all significant tasks of the soil or subsoil.

It is required that all waste that emerge at construction works are temporarily stored on the construction site, i.e. separately by types of construction waste from the classification list of waste so that the environment is not polluted and that the collector of construction waste has enabled access for their takeover or the transporter of construction waste has access to them. If temporary storage of construction waste is not possible on the construction site, it must be ensured that construction waste is deposited directly after emergence in the containers that are set on the construction site or at the construction site or at the object where construction works are implemented. Regular transport from the area of the construction site must be ensured, whereby the client must ensure that the construction waste is provided to the collector of construction waste and that hazardous waste is submitted to the authorised organisation for the collection of hazardous waste, which must be appropriately registered as is determined in Article 4 of the Decree on construction waste. During construction, the client must manage non-construction waste in accordance with the Decree on waste. Since excavations will be implemented also in the layer through which water penetrates, the performance of works with machinery on the area of the construction pit must be terminated during heavy rainfall. In case of an accident quick and uncontrolled penetration in lower layers of the ground that are saturated with water must be prevented.

Geological features of hills and relief (conditions under point II. 6 of the operative part) If dams and excavations are inappropriately implemented (stabilisation, reinforcement and regulation), slides and breaks of hills, erosion processes can emerge; if the foundation works on objects are not implemented appropriately, there can be unexpected subsidence. Major interventions and impacts on the relief emerge where the level of the railway track or access roads runs above the overgrown terrain and dams must be built, or under the terrain, where excavations are needed. All crossings of watercourses and roads also represent major changes in relief. This causes the filling of depressions or brook riverbeds and ravines, the changes of inclinations of the overgrown terrain and the exposure of the ground in the width of the body of the railway line along the entire track.

During the operation of the second track of the Diva ča–Koper railway line, the main impact on the terrain is its permanent altering. The following measures must be implemented to prevent slides and breaks of embankments: - Non-homogeneous particles that emerge in limestone must be rehabilitated with stone and concrete filler; - Excavations in flysch must be equipped with longitudinal drainage ditches.

The client must ensure additional measures to reduce the impacts of the intervention on the relief: the formation of the terrain must be similar to the relief forms in the vicinity; - The transition to the terrain with plants must be smoothed with appropriate actions on the upper edge and heel of embankments; - Stabilisation and reinforcement with indigenous vegetation of exposed surfaces.

Permanent intake of soil in the ground is envisaged on the area of the abandoned marl quarry along the Šmarska cesta road (Šalara), which has already been degraded. The hill (geological layers) has been removed. The filling material must be the same as the local stone. Flysch stone, similar to the original condition, will gradually emerge on the regulated terraces. The following mitigation measures are necessary to avoid instability: - The excavated material with stability characteristics that are poorer than the envisaged material, must be transported to Ankaranska Bonifika and disposed on the area of the marl quarry; - The filled material must be reinforced continuously to prevent the subsidence of the terrain; appropriate drainage must be regulated; - Once a year (in March) in the two-year period, levelling and filling of local depressions must be implemented and the eliminated vegetation must be replaced on the re- cultivated area.

The most significant permanent impact on the Bekovec area will be the change of the natural relief, the change of geological situation and geological as well as geomorphological processes on the area of the dam. The following mitigation measures are necessary to avoid instability: - Surfaces, where agriculture is possible, must be re-cultivated to agricultural surface and returned to owners; temporary roads, manoeuvring and other surfaces must be rehabilitated; - Watercourses must be regulated in a co-natural way by considering the hydrotechnical restrictions.

Protection of flora, fauna, habitat types and ecologically important areas (conditions under point II.7 of the operative) The Diva ča–Koper railway line will primarily cross a karst area which is characterised by diverse flora and fauna. The Karst Edge on the area of Črni Kal is very important from the nature protection aspect. A large number of protected and endangered species can also be expected in the area of the Ankaranska Bonifika site of intake of the excavated material. The planned second track physically encroaches upon the ecologically important Karst area. The construction of the second track of the Diva ča–Koper railway will directly destroy parts of habitats of plant and animal species in the entire area of the route that runs on the surface. Parts of habitats on areas envisaged for the construction of transport infrastructure that is necessary during the construction and operation, will be similarly destroyed, as well as at locations that are planned for the intake of excavated material and on areas of entry or exit portals of tunnels. Impacts in the area of tunnels will be limited to a small number of species or groups. During the construction, this impact will primarily be manifested as a direct impact on underground fauna (cave beetles, cave crickets etc.) and impact on bats that spend nights or winters in caves. This means that a species habitat or individual specimens can be destroyed during the construction . The impact on wild animals will be manifested particularly as a disturbance in the daily routine and rituals of the animals, such as mating, reproduction, parturition, feeding and similar. The cause for this is an increased pollution of the area with noise and increased presence of humans in the immediate surroundings of the construction site. Negative impacts on birds during the nesting period could be possible during construction over the entire area of the project because birds would not be able to retreat and leave their nests. The impacts will reach their maximum during the cutting of the forest and bush vegetation. The illumination of construction sites can also negatively impact birds (especially nocturnal species and migratory birds). There will be quite an extensive impact on eagle owl ( Bubo bubo ) due to increased noise level, presence of humans and interventions in the walls of the Karst Edge. The impact can be expected all year round, especially from October to July. Long-term disturbances can cause the termination of nesting on a specific area or present small changes for repopulation. Somewhat greater impact as envisaged, because there will be interventions implemented on two areas at the same time, and these areas are important for the nesting of the eagle owl ( Bubo bubo ), i.e. the Glinš čica area and Črni Kal area on the Karst Edge. The impact on vegetation will be noticeable directly at the construction site and will be displayed in dust accumulation on upper organs of plants, thus decreasing the conductivity of leaf pores (clogging of pores). Since rain and wind will remove dust particles, the addressed authority estimates that there will be no negative impact on vegetation. Pollution of watercourses is possible during construction, thus impacting the water organisms in the case when waste water is drained to them from the construction site and when machinery is washed.

The following measures must be implemented to protect the flora, fauna, habitat types and ecologically important areas on the route of the second track: - The construction of viaducts and bridges should be such that it will prevent injury to birds on these structures. There can be no objects that are difficult to detect, such as various poles, wires, ropes and braids on the objects; - Input of any material on areas of habitat types with natural scientific grades 3, 4 and 5 as well as the areas of qualification habitat types must be prevented. These areas should also not be used as dumping sites for construction material, car parks and turnarounds for freight vehicles; - Forests and bushes may not be cut from the start of April until the end of August due to the protection of birds and bugs. Also, no intensive construction work should be done during this time, particularly such that causes serious noise pollution of the environment. Tree removal must not be carried out during the period of reproduction of saproxylic types of beetles of conservational importance, which is between April and August. Removal of trees is therefore allowed only in the period between September and March. Cut wood must be removed or permanently left at the cutting site immediately after the cutting is implemented; if waste wood remains in the area of cutting during the reproduction period (between April and August) and after it, the removal of wood is not allowed because it will be populated by beetles of conservational importance. - Weaver's broom ( Spartium junceum ) must be planted on the area of the construction site along the route of the second track after the construction works are finished. This type of bush is the most appropriate habitat for the endangered bird species Sardinian warbler ( Sylvia melancephala ), which is currently losing its habitat due by the overgrowth of the entire area; - At the construction of the dam in the flood plain of Rižana, where the railway track will run,

thick local bushes must be planted on both sides of the track. This presents a natural barrier and is at the same time an appropriate habitat on the area of wild endangered birds like the Cetti's warbler ( Cettia cetti ) and the red-backed shrike ( Lanius collurio ). Trees (poplars, nuts etc.), which are now present on the wider researched section of the envisaged route, must be preserved, or removal is only permitted on the direct intervention area; - In order to protect the white-clawed crayfish ( Austropotamobious pallipes italicus ), regulation works in the watercourses (Osapska reka, Rižana) must not be carried out during high water and the reproduction of the species (between September and November). Before the start of construction works in watercourses, as many crayfish as possible should be caught and temporarily removed from the watercourses. After the works have been completed, the crayfish should be returned to appropriately prepared watercourses or moved to areas not affected by the intervention. Works must be implemented under the supervision of a crab expert, which is in accordance with the Decree on protected wild animal species (Official Gazette of the Republic of Slovenia, no. 46/04, 109/04, 84/05, 115/07, 96/08, 36/09 and 102/11) and the Rules on the inclusion of endangered plant and animal species on the Red List (Official Gazette of the Republic of Slovenia, no. 82/02 and 42/10); - Construction works on the open parts of the route should take place primarily during the daytime. Due to safety on the construction site, at night it is allowed to install lights that have a built-in sensor for turning on and off, thus considering the requirement of the Slovenian Forest Service, Sežana Branch Unit in the preliminary opinion of 21 June 2012; - Since nests of the eagle owl ( Bubo bubo ) are near the envisaged track on the area of Črni Kal, the construction works on the area of Črni Kal may begin in the first half of July.

The areas of intake of earth excavation in the ground Abandoned marl quarry along the Šmarska cesta road (Šalara) and Bekovec: - Cutting of forests and shrub vegetation must be done outside the main nesting season, and therefore should not be done from early April to late June; - The entry of earth excavation must be implemented during the day. Due to safety on the construction site, at night it is allowed to install lights that have a built-in sensor for turning on and off.

The areas of intake of earth excavation in the ground at Ankaranska Bonifika: - Rushes and autochtonous bushes must be planted along the new melioration channels.

Cave protection (conditions under point II.8 of the operative part) The envisaged route of the second railway track does not interfere in any known cave system, however there are some caves near the railway track and we can assume by the orientation of their channels that there are possibilities that parts of caves are located on the area of the tunnels. In the area of the Beka-Ocizla cave system there is a great probability of the second tunnel cutting through one of the shafts of the cave system. The wider area of the Beka-Ocizla cave system is very important from the aspect of nature protection and has feature of a natural monument. There is also a probability that the tunnel cuts through one of the filled shafts of the Jurjeva Cave in Loke. The cave is a former water swallow hole from flysch material; its channels that continue in the depth towards the tunnel tube are inaccessible and filled with material.

The following causes are more significant with regard to potential negative impacts on underground caves during the construction of the railway truck, such as pollution of caves, cave inventory and the near environment with gas emissions, residues of fuels and lubricant oils as well as other materials that emerge at construction and transport: - Changed situation in caves due to the drainage of groundwater during tunnel construction; pollution of groundwater with substances that are components of construction materials based on cement, lime and bitumen as well as other materials. The acidity of groundwater is changed due to alkaline components; - Uncontrolled flowing of waste water from the areas of earthworks and construction works in groundwater in the direction of the spring of Rižana, Boljunec and Karst aquifer; filling of depressions, small channels and caves; - Cutting of vegetation on the area of the route (increased outflow of water, diminished cleaning

capacity); - Damages to caves and cave inventory due to vibrations that are caused by the use of explosives. Accidents that cause the spillage of oil derivatives or other chemicals can significantly impact the pollution of the underground. It depends on the type and quantity of spilled liquid whether the consequences will be permanent or transitional. The non-envisaged explosions or ignitions of hazardous substances also have a destructive impact.

The following measures must be implemented to protect caves on the route of the second track: - Earth and other construction works as well as material deposit must be avoided near pits or entries to pits; - Works causing explosions and vibrations cannot be implemented at underground pits and in their vicinity; - The regimes of waters disappearing in the pits on or outside the second railway line track may not be polluted or modified; - When a part of nature is discovered unexpectedly, and for which it can be assumed that it has the features of a cave or fossils, the ministry competent for nature conservation must be notified in accordance with the Nature Conservation Act (Official Gazette of the Republic of Slovenia, no. 96/04 - ZON-UPB2, 61/06 - Zdru-1, 63/07-0dlUS, 117/07-0dlUS, 32/0a-OdlUS and 8/10 ZSKZ-B) or the information on the discovery must be provided to the karstological supervisor in accordance with the Comprehensive Monitoring Plan. Until the competent units of the ZRSVN do not determine further measures (additional mitigation measures), it must be ensured that the finding is preserved at the same location, is not damaged nor destroyed. It is also necessary to prevent the pollution of areas underground and changes in climate of the cave during construction and operation. Regulation works on open cuts of newly discovered caves must be implemented in such way that the cave climate does not change due to the openness and ventilation of the cave, which is in accordance with the Nature Conservation Act (Official Gazette of the Republic of Slovenia, no. 96/04 - ZON-UPB2, 61/06 - Zdru-1, 63/07-0dlUS, 117/07-0dlUS, 32/0a-OdlUS and 8/10-ZSKZ-B) and the Cave Protection Act (Official Gazette of the Republic of Slovenia, no. 2/04 and 61/06-Zdru-1). This considers the proposal of the ZRSVN, letter no. 7-11-22/2-0-12/TT of 23 March 2012. An application must be submitted at the competent ministry, which in 10 days decides on the research and other measures that are proposed by the karstological supervisor; - If construction works are implemented near the entry to the pit, the entry must be marked; - Pits or parts of pits with colonies of bats may not be lighted or may be lighted only to such an extent as is necessary for safe conclusion of works. Due to safety on the construction site, at night it is allowed to install lights that have a built-in sensor for turning on and off. Completely dim lights with minimum emission of UV light (e.g. halogen lamps) should be used to this end. In the case of lighting sites in winter, completely dim lights need to be used that do not radiate into the sky and do not emit light with ultraviolet wavelengths.

Cultural heritage protection (conditions under point II.9 of the operative part) Due to the impact of the construction, there can be permanent or temporary degradation or damage of the area or the cultural heritage object due to: - Excessive dusting from construction sites (construction platforms in Dekani and other); - Vibrations at the construction of tunnels: there are two cultural heritage objects located 50 m from the track; St. Thomas' Church in Vrhpolje near Kozina (EŠD 3628) is located above the T-1 tunnel and St. Lovrenc's Church in Beka (3747) is located above the T2 tunnel; - Vibrations along the roads where transport will be implemented. The maximum number of cultural heritage objects is located directly along the R3-527 regional road through Osp and Gabrovica, which is according to the basic solution the main access road for the transport of excess excavated material on the area of T5, T6, T7 and partially T8 tunnels. Two cultural heritage objects are located on the narrow area in Dekani: sub-station Dekani (EŠD 14412) along the R2-409 regional road and Dekani railway station (EŠD 16833). - The location of the input of excavated material in Bekovec is located near the Katinara village, however, it is outside the impact area of the archaeological site Stranice, the cultural monument Črni Kal - Vas (EŠD 80);

- Regulation of additional access roads to construction sites or service platforms which additionally take up the surfaces on and along the area or cultural heritage object; - Damage of archaeological areas and sites that are located along the second track, accompanying objects and regulations and at the construction of the underground municipal and energy network, objects and devices (e.g. Lokev area – Ravni II archaeological site (EŠD 9025)). The village of Gabrovica as well as Osp or the Osp Valley will be mostly affected by the impacts due to the construction of the Črni Kal viaduct, since cargo transport during construction of all tunnels on the Tinjan Hill will be carried out through the Osp Valley.

The following measures must be implemented to protect cultural heritage on the route of the second track: - To prevent possible impacts of vibrations due to transport on the cultural heritage objects in Lokev at Diva ča, traffic must be redirected to the T1a-V1 access and service road, - To prevent the impacts of vibrations on cultural heritage objects in Osp and Gabrovica, traffic must be redirected to T4-T7 service road that will avoid both villages.

Forest protection (conditions under point II.10 of the operative part) The route with accompanying objects will impact forest areas only on areas where the railway runs on the surface, where access or transport roads are planned, where there are areas of intake in the ground, construction sites and other accompanying objects, therefore the impact will be relatively small. The consequences of construction on forest areas and forestry along the second track of the Diva ča– Koper railway line are displayed as: - Temporary withdrawal of forest land including the cutting of forest for temporary objects (manoeuvring surfaces, building platforms, other ancillary building surfaces etc.), temporary transport roads and due to the temporary use of forest surface and roads for building purposes; - Damage or destruction of the forest edge at temporary transport roads, manoeuvring and other ancillary building surfaces; - Increased erosion due to preparatory and earthworks; - The danger of uncontrolled or too intensive interventions in the forest due to manoeuvring space for construction mechanisation or inappropriately selected areas for the input of excess material in the ground; damages of the forest due to temporary objects on the construction site (manoeuvring surfaces, construction platforms etc.); - The deterioration of the stable forest network due to the termination of stable roads (forest and other roads, connections); - Enhanced possibility for damage to trees on steep areas under viaducts and along access roads; dusting due to the use of transport and work machinery.

The following measures must be implemented to protect forests on the route of the second track: - Waterside vegetation on the area of the intervention may be removed where the track impacts the watercourse area; - Interventions are made in forest and forest area only on the area of protected forests on the territory of Brdinje and Tinjan region, i.e. in the width of the body of the railway line; - The envisaged cultivation must be implemented on stabilised surface which is protected against erosion; - The newly emerged forest edge must be maintained and restored.

Protection against light pollution (conditions under point II.11 of the operative part) The impact of construction and operations of the railway track on light pollution will be limited to a narrow area along the railway line only on short sections where the track runs outdoors. Construction sites and construction platforms of tunnels will be intensively illuminated during construction, since the works will also take place during the night. The largest construction platforms will be located in front of the entrances to tunnels, from where transport of excess material will take place. In accordance with the Decree on limit values due to light pollution of environment (Official Gazette of the Republic of Slovenia, no. 81/07, 109/07 and 62/10, hereinafter referred to as the Decree on limit values of light pollution), the illumination of construction platforms is the source of light, which also applies for the illumination of uncovered objects of public railway infrastructure

(transshipment and marshalling yards and for passenger traffic railway stations). No stations and other objects where illumination is obligatory and where passenger transport would take place is not envisaged in relation to the second track, therefore, no illumination of the open track and tunnels is envisaged in accordance with the Decree on limit values of light pollution. Electrical substations will also be constructed within the scope of the second track (hereinafter referred to as the ES): Črni Kal and Dekani. The construction of the Dekani ES is due to the delay of the construction of the second track included in the second phase of the modernisation of the existing Diva ča–Koper railway line and will be implemented prior to the construction of the second track. By analogy with the Dekani ES, the illumination of the Črni Kal ES will be implemented with type lights on pillars. On the areas of excavated material intake (marl quarry Šalara, Ankaranska Bonifika and Bekovec), earthworks will be implemented exclusively during the day and will not require the set-up of lights, no illumination after the concluded intake of soil is envisaged on these areas.

The following measures must be implemented for the protection against light pollution on the route of the second track: - The lights for the illumination of the construction sites must be set to direct the light in the direction of construction sites (on the external side of the construction site). In accordance with the Decree on limit values of light pollution, the contractor as the manager of the source of light must ensure that the illumination plan is provided for all construction sites and tunnel platforms, where the sum of electric power exceeds 10 kW, and this plan must also determine all conditions for setting the lights; - The uncovered surfaces of construction sites and other uncovered surfaces must be illuminated for 30 minutes after the termination of the implementation of construction, maintenance and other rehabilitation works only with lights where light flow which is radiated upwards equals 0%; - During daytime lights must be turned off from morning until evening except in very bad weather conditions such as thick fog, heavy rainfall or snow; - The use of light beams of any type or shape, moving or fixed is prohibited, if they are directed towards the sky or surfaces that could be reflected to the sky.

Protection of agricultural land (conditions under point II.12 of the operative part) The impacts of the considered intervention will start during the construction; however, the impacts will reach full extent during the operation. The proportion of the open railway track on the section between Diva ča and Črni Kal is 15%. The remaining 85% of the route runs in tunnels. To km 2+000 the track runs mostly on forest land, from km 2+000 to the entry portal T1 at km 2+980 it runs mostly on meadows or growing meadows. The access road to T1 portal crosses meadows that are growing. A part of the open route of the railway line between Črni Kal and Koper reaches into forest land. From the exit from the third tunnel below Gabrovica and to the entry to the eight tunnel, the track runs through forests and on growing meadows. The last part of the route between the village of Dekani and Koper crosses the best agricultural land. On the area where the new track comes near the old one, the track runs on the border between the area of best agricultural land and the area of other agricultural land as well as on the area of hydromelioration. Since the majority of construction works will be carried out underground, there will be no significant impact on agricultural land during construction. Negative impacts can be expected during the construction of the railway track, especially on the level of individual farms that will be affected due to this intervention. The wider indirect impacts that affect agriculture as a whole or as an economic activity will be shown during the operation of the track. If was established based on the performed assessment of impacts of the planned intervention that the following impacts can emerge that would negatively influence agriculture and agricultural area: - The disruption of pedological and hydrological condition of agricultural area; - The disruption of existing agricultural network due to the termination of current roads to agricultural land (field and other roads, connections), due to temporary withdrawal of agricultural land for temporary objects (manoeuvring surfaces, construction platforms etc.) and due to the use of agricultural land and roads for construction purposes; - The disruption of the melioration system (drainage and irrigation network will be terminated on some sections);

- Temporary loss of income due to the loss of produce on land that will be affected due to the interventions of the railway track construction in the drainage system.

The following measures must be implemented to protect agricultural land on the route of the second track: - Field roads must be additionally built to access agricultural land, i.e. on the area of Dekani DP- 1 (372 m long, 4 m wide) and on the area of Ravne field road T-1a2 must be built.

2. Conditions during operation (conditions under point III of the operative part) Based on the implemented assessment the addressed authority found that the possible impacts of the second track of the Koper–Diva ča railway line on ground burden and consequently on the condition of groundwater are possible during operation because of: - Inappropriately regulated collection, cleaning and drainage of rainwater (water erosion of the ground is also increased); - Accidents at the transport of hazardous or harmful substances especially in the case of spillage and/or fire of · - Major quantities of liquids.

Only trains with locomotives and wagons in perfect condition can be used on the route of the railway, where spillage of fuel or cargo is not possible. All defective locomotives must be repaired or not used any more.

To reduce the negative impact on ecosystem nature values and groundwater, during operation the processing of the second track of the Diva ča–Koper railway line with herbicides to remove weed and other low-growing plants must be implemented in accordance with the provisions of the Act on Phytopharmaceuticals (Official Gazette of the Republic of Slovenia, no. 11/01).

Drainage and cleaning of waste water which emerge at cleaning of tunnels or at an accident including spillage and/or burning of harmful or hazardous liquid or substance must be ensured to protect groundwater during the operation of the second track of the Diva ča–Koper railway line, i.e.by assembling sedimentation basins that are equipped with oil separators in the following manner: - Clean meteoric water (drainage of embankments and surfaces along the track) is collected and drained separately directly into riverbeds of watercourses/ravines; - Clean meteoric water from viaducts, asphalt and other reinforced embankments is drained via oil separators in the meteoric water drainage system; - All waste water from tunnels is drained in a separate system in closed reservoirs, without outlets that are being emptied; - Clean hinterland groundwater that is drained in the tunnel, is drained along a separate system into watercourses/ravines. Oil collectors must have reinforced and watertight bottom and volume of at least one transport vehicle (cistern).

After the construction of the second track of the Diva ča–Koper railway line, noise burden on the environment along the new track will be increased. It will increase mostly on the areas of villages Črni Kal, Gabrovica, Dekani and Bertoki, on all other areas, the track runs in tunnels or on unpopulated areas. On the area below Tinjan, noise burden will be increased in the direction towards Italy (Vignano).

The following measures must be implemented to prevent the impact on the environment caused by noise: four anti-noise fences must be built on the entire area of the second track with accompanying arrangements to protect residential areas (Gabrovec, Črni Kal, Vignano, Bertoki) in the total length of 2,235 m. They will ensure the A2 category sound absorption level (from 4 to 8 dB(A)), the measures of construction protection against noise on buildings must be implemented to rehabilitate sound insulation of windows in buildings that will be over-burdened with noise. Construction protection must be implemented on three residential buildings on the area of Dekani (Dekani 26a and Dekani 24) and Pobegi (Cesta na Rižano 32). These buildings are located on areas of dispersed construction and are already currently burdened with railway transport noise.

On areas where the second track runs in tunnel tubes, individual residential buildings are located above the track, i.e. in the villages of Lokev, Vrhpolje, (T1 tunnel), Beka (T2 tunnel), Plavje and Zgornje Škofije (T8 tunnel). Vibrations impacts caused by the construction of the railway track will be monitored for buildings Lokev 230, 235 and Plavje 39, 40, 41/41a, 42, 43, 44, 45, 46, 47a, 49, 50a. Two buildings in the village of Plavje (Plavje 42 and 46) are located on the impact area of 30 m right above the main tunnel tube. Potential impacts on vibrations during the operation of the track on buildings on populated areas that are located above the tunnels, are small due to the envisaged technology of the construction of tunnels and the track in the tunnels (elastic attachment of rails on the foundation and envisaged thickness of the tunnel tube).

The measures for reducing vibrations must be considered in the planning of the lower structure and implementation of rails on areas where the track runs in tunnels below the residential building in Lokev and Plavje, i.e. welded rails, elastic fixing of track on the sleepers and reinforced tunnel walls. The measures must be envisaged in the implementation project documentation.

During the operation of the railway track, there is a potential hazard of fires caused by sparks. Fires could locally damage mostly forest vegetation and less mobile animal species. Fire walls on endangered areas must be built and an emergency plan for efficient fire extinguishing must be prepared. Fire safety study must also be prepared.

Explanation of the assessment of the intervention in nature

Considering the fact that the area of intervention entails special protected nature areas, Natura 2000 and protected areas, the assessment of impacts on nature had to be implemented in accordance with the Rules on the assessment. In accordance with the Rules on the Assessment, the assessment of acceptability of impacts caused by the activities affecting nature in protected areas was performed for the planned intervention and it is included in the Appendix for protected areas.

The considered intervention according to the list of interventions under Appendix 2 of the Rules on the Assessment can be categorised under Chapter VII Transport infrastructure areas, i.e. under: construction of railway connection, construction of accompanying railway infrastructure (railway stations, warehouses, terminals etc.), construction of a bridge or viaduct, construction of a tunnel, construction of an uncategorised or local road); and in Chapter X Environmental infrastructure areas, i.e.: regulation of the collection area for waste material (landfill, deposit site and eco islands). The considered intervention can be categorised under interventions for which the assessment of impacts on the environment must be implemented. Considering Article 20 of the Rules on the Assessment for interventions for which an assessment of impacts on the environment must be prepared, it applies that the remote impact is established on the area that is twice the size of the area of remote impact mentioned in Appendix II of the rules, except if the preliminary findings in the field, detailed data on the implementation of the intervention in nature and other relevant circumstances show that the area of remote impact is different. Considering the Rules on Assessment the area of remote impact for the construction of the railway connection is 1000 m, 200 m for accompanying railway infrastructure, 1000 m for the construction of the bridge or viaduct, 40 m for the construction of the tunnel, 40 m for the construction of a non-categorised or local road, and 100 m for the arrangement of the collection site for waste material. Some of the protected areas are located on that areas (SAC Škocjanski zatok, SPA Škocjanski zatok, NV Škocjanski zatok, ZO Lokev pri Diva či – cave below Gauge), where there will be no impact due to great distance from envisaged interventions. In accordance with Article 20 of the Rules on the Assessment and based on preliminary findings in the field, detailed data on the implementation of the intervention in nature and other relevant circumstances it was established that the area of remote impact on protected areas is smaller than remote impact mentioned in the Appendix to the Rules and is limited to the area of the national detailed plan and its outskirts. Protected areas that are located on the area of remote impact are presented in continuation.

Natura 2000 The implementation of the intervention will impact two areas determined by the Decree on special protection areas (Natura 2000 areas) (Official Gazette of the Republic of Slovenia, no. 49/04, 110/04,

59/07, 43/08 and 8/12): - SPA Karst (Sl3000276) - and SCI Karst (Sl5000023).

The following regulations will interfere in the SPA Karst area: - the route of the railway route in the total length of 15.5 km (of which approximately 13 km in the tunnel); - roads N-1 (in the total length of 1260 m), T-1a (approx. 790 m long), V-1 (approx. 120 m long), - construction sites.

The following regulations will interfere in the SCI Karst area: - the route of the railway route in the total length of 13 km (of which approximately 11 km in the tunnel); - roads N-1 (in the total length of 1260 m), T-1a (approx. 100 m long),T-2b (approx. 160 m long), - small part of the V1 viaduct (Gabrovica, approx. 80 m long), - construction sites.

Protected areas The following protected areas are on the impact area: Škocjan Caves Regional Park, which is approx. 350 m away from the envisaged interventions, 20 Diva ča–Risnik, 20 Diva ča–Bukovnik and 20 Diva ča– Divaška jama which are approx. 250 m away from the interventions, 20 Beka–hollow at Škrklovica and 20 Diva ča–Ka čna jama are approximately 150 m away from the areas.

Impact on protected areas The construction of the railway line will have an impact on the following protected areas: SPA Karst, SCI Karst,Škocjan Caves Regional Park, Diva ča–Risnik, Diva ča–Bukovnik, Diva ča–Ka čna jama, Beka–hollow at Škrklovica and Diva ča–Divaška jama, and areas proposed for protection: Karst Regional Park – proposal for the regional park, and Karst Edge – proposal for the regional park. Impact during construction will be manifested as permanent reduction in the area of qualifying and key species and habitats and increased pollution of the environment with noise and increased presence of humans which will mostly disturb mammals and birds. There may be negative effects on active qualifying and key nocturnal species in case of night lighting at construction sites. There will also be a negative impact on qualifying and key species of birds from the cutting of wood vegetation during the nesting season. The operation of the railway line will also disturb qualifying and key animal species primarily because of increased pollution of the environment with noise, because of the possibility of birds hitting poorly visible objects and animals hitting vehicles, and in case of inadequate lighting of railway stations. Mitigation measures for protected areas include measures that are planned for reducing the impact on flora, fauna and habitat types.

Decision

On the basis of the review of the entire documentation on the administrative matter, the Addressed Authority established that the anticipated activity was acceptable for the environment if all project and environmental protection conditions provided in the issued environmental protection consent were considered and implemented, and if all mitigation measures anticipated by the company that prepared the environmental impact report were implemented accordingly. In the case of a modification or expansion of the scope of the already permitted or implemented activity or activity being implemented, so that it falls under the provisions of the Decree on categories of projects for which an environmental impact assessment is mandatory, new environmental impact assessment must be carried out or a new environmental protection consent acquired.

Considering the fact that the case in question includes the construction of facilities according to construction regulations, the conditions stated in this decision are considered, pursuant to the sixth paragraph of Article 61 of the ZVO-1, project conditions according to construction regulations.

Pursuant to the eighth paragraph of Article 61 of the ZVO-1, this environmental protection consent expires if, within five years since the consent has become final, the Client fails to begin implementing

the activity or fails to acquire the building permit if so required according to construction regulations. Therefore, the Addressed Authority decided as follows from Point VI of this environmental protection consent.

In accordance with the ninth paragraph of Article 61 of the ZVO-1 the authority of the planned intervention may in the deadline under the previous paragraph in the case if the intervention is not carried out or the building permit is not acquired, three months prior to the expiry of its validity request for the extension of the environmental protection consent, the ministry can grant the request and issue the decision on the extension, if it, on the basis of criteria under the fourth paragraph of Article 51a of the ZVO-1, finds that the conditions under which the environmental protection consent was issued have not changed significantly, whereby the provisions of Articles 58, 59 and 64 of this act do not apply.

The first paragraph of Article 61a of ZVO-1 stipulates that if the authority of the planned intervention wishes to change the activity in the environment after the acquisition of the environmental protection consent and prior to the acquisition of the building permit or prior to the beginning of the implementation of the activity in the environment, if this in not a construction according to construction regulations, it must submit a written notification on the intended change to the Ministry, which may be proven by a certificate on the submission of the delivery.

Pursuant to the tenth paragraph of Article 61 of ZVO-1, the environmental protection consent may be transferred to a third party only with the consent of the addressed authority.

The second paragraph of Article 39 of the Rules on Assessment stipulates that in the case when the assessment of acceptability of the activity affecting nature is performed in the procedure of issuing the environmental protection consent, the nature conservation consent is deemed to be issued by issuing the environmental protection consent. Considering the aforementioned, it was decided as is determined in point IV of this decision.

Pursuant to the provisions of Article 65 of ZVO-1, the addressed authority must inform the public on the issued environmental protection consent within 30 days after delivering the decision to the clients in the manner commonly practised in the local area and on the Internet.

Explanation to point V of the operative part: In the application for the issue of the environmental protection consent, the client also requested for the envisaged intervention on land plots: Ocizla cadastral municipality: 5119, 5/5120, 5119/7, 5121/1, 5123/3, 5123/5, 5124/6, 5126/1, 5246/1, 5250/3, 5250/6, 5251/1, 5252/3, 5253/3, 5392/3, 5393/7, 5393/9, 5394/1, 5395/1, 6087/30, 6132/3, 6142/5, 5117, 5118, 5119/1, 5119/2, 5123/4, 5124/7, 5126/3, 5121/3, 5121/4, 5119/9, 5119/10, 5119/6, 5114/1, 5394/3, 5251/2, 5250/5, 5250/4, 5246/3, 5246/4, 5124/2, 5123/7, 6132/5, 5119/10, 5119/9,

5121/1, 5121/3, 5121/4, 5123/7, 5124/8, 5126/3, 5246/3, 5246/4, 5394/3, Draga cadastral municipality: 1643, 1644, 1369/44, 1369/45, 1369/47, 1397/3, 1406/5, 1406/7, 1408/3, 1408/5, 1411/4, 1412/4, 1412/6, 1429/, 1430/3, 1430/5, 1450/2, 1452/2, 1456/1, 1596/1, 1601/11, 1601/7, 1602/3, 1602/5, 1,604/1, 1605/1, 1606/1, 1609/1, 1610/1, 1616/1, 1617/3, 1617/7, 1618/1, 1621/1, 1624/3, 1628/1, 1629/5, 1629/6, 1629/8, 1630/1, 1634/1, 1635/4, 1635/6, 1635/8, 1636/3, 1636/5, 1637/1, 1638/5, 1639/3, 1639/5, 1642/3, 1642/5, 1645/1, 1647/1, 1647/4, 1650/3, 1650/5, 1676/1, 1677/1, 1682/4, 1682/8, 1682/9, 1683/4, 1757/1, 1757/4, 1782/3, 1782/5, 1783/3, 1783/5, 1783/6, 1786/3, 1786/5, 1787/1, 1788/1, 1789/1, 1791/1, 1792/3, 1793/1, 1794/1, 1795/1, 1796/1, 1796/3, 1797/1, 1797/3, 1798/3, 1800/2, 1801/3, 1801/5, 1803/1, 1804/4, 1804/6, 1825/3, 1830/3, 1831/3, 1834/1, 1835/3, 1835/5, 1835/7, 1836/1, 1840/10, 1840/6, 1861/11, 1861/13, 1861/16, 1861/5, 1861/9, 1862/1, 1867/1, 1870/2, 1875/4, 1875/5, 1879/1, 1893/3, 1894/1, 1910/6, 2045/4, 2045/6, 2045/8, 2563/1, 2617/5, 2617/8, 2625/1, 2626/1, 2626/3, 2626/4, 2626/5, 2626/6, 2626/7, 2626/8, 2627/2, 2627/3, 2627/4, 2627/5, 2627/6, 2628/3, 2634/1, 2634/5, 2638/2, 2639/3, 2640/2, 2641/3, 2641/5, 2642/2,

2643/3, 2643/5, 2887/3, 2894/26, 2894/27, 2894/22, 2894/23, 1683/13, 2887/7, 1664/4, 1760/2, 1683/10, 1840/8, 1876/1, 2635/1, 1683/10, 1683/13, 2887/7, 2894/26, 2894/27, Hrpelje cadastral municipality: 2486/10, 2486/13, 2486/17, 2486/8, 2726/27, 2726/28, 2726/29, 2726/30, 2726/31, 2731/ 1, 2731/4, 2732/1, 2838/1O, 2838/11, 2838/12, 2838/15, 2838/4, 2838/7, 2838/9, 2840/4, 2840/6, 2840/9, 2842/12, 2842/1O, 2486/15 where the construction of the second track of the Diva ča– Koper railway line will be implemented.

After reviewing the documentation, the addressed authority established that with regard to the provisions of the Ordinance designating natural sites of special interest and cultural monuments in the area of the Sežana Municipality (Primorske novice, official publications no. 13, 17 April 1992), the environmental protection consent cannot be issued for this part of the claim; despite this an assessment of environmental impacts was performed for this part, showing that the intervention is acceptable also on these land plots.

Considering the aforementioned, it was decided as is determined in point V of the operative part of this decision.

In accordance with the fifth paragraph of Article 213 in connection with Article 118 of the General Administrative Act (Official Gazette of the Republic of Slovenia, no. 4/06-ZUP-UPB2, 105/06-ZUS -1, 126/07, 65/08 and 8/10) the costs of procedure were decided upon in the operative part of this decision. With regard to the fact that no costs arose from this procedure, it has been decided as is determined in the text under point VII of this decision.

Notification of the right to legal appeal: An appeal can be made against this Decision at the Ministry of the Environment and Spatial Planning, Dunajska cesta 22, 1000 Ljubljana, within 15 days from the notification of this Decision. The appeal can be made in writing or by an oral deposition entered in the record at the Environmental Agency of the Republic of Slovenia, Vojkova cesta 1b, 1102 Ljubljana. An administrative fee of EUR 18.12 is to be paid upon the appeal. The administrative fee is paid in cash or e-money or by another applicable payment instrument, and relevant confirmation is submitted upon the payment.

The administrative fee can be paid to the following sub-account of the general government revenue: Administrative fees: state and on the account: 0110 0100 0315 637 with reference: 11 23345-7111002-00435414.

Peter Guli č, MSc Senior Advisor I

Inga Turk, Msc Director of the Environment and Nature Conservation Office

To be served to: - Client's authorised person, DRI upravljanje investicij, Družba za razvoj infrastrukture d.o.o., Kotnikova 40 , Sl-1000 Ljubljana - in person (for: Ministry of Infrastructure and Spatial Planning, Railways and Cableways Directorate, Langusova ulica 4, 1535 Ljubljana); - Ministry of Agriculture and the Environment, Dunajska 22, 1000 Ljubljana – by e-mail ([email protected] ) (for: the Republic of Italy, Ministry of the Environment and the Protection of Land and Sea, Technical Commission for environmental impact verification, and the Friuli-Venezia Giulia Region).

Under Paragraph 9 of Article 61 of the ZVO-1 also to: - Inspectorate of the Republic of Slovenia for Agriculture and the Environment, Environment and Nature Inspection Service, Parmova 33, 1000 Ljubljana – by e-mail ([email protected] ); - Diva ča Municipality, Kolodvorska 3a, 6215 Diva ča – by e-mail ([email protected] ); - Hrpelje Kozina Municipality, Hrpelje, Reška cesta 14 Kozina – by e-mail ([email protected] ); - Koper Municipality, Verdijeva ulica 1O, 6000 Koper – by e-mail ( [email protected] ).