O P I N I O N (No.: 7051/2012- 3.4/Ml) Issued by the Ministry of Environment of the Slovak Republic Pursuant to § 17 Par

Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation

O P I N I O N (No.: 7051/2012- 3.4/ml) issued by the Ministry of Environment of the Slovak Republic pursuant to § 17 par. 12 of Act No. 24/2006 on Environmental Impact Assessment, amending certain legislation.

I. BASIC INFORMATION ABOUT THE CONTRACTING AUTHORITY

· Name Ministry of Transport, Construction and Regional Development of the Slovak Republic (“MTCRD”)

· Identification number 30416094

· Address Námestie slobody 6, 810 05 Bratislava

· Given name(s), surname, address, telephone number and other contact details of the Contracting Authority’s authorized representative JUDr. Denisa Žiláková, Managing Director of the Operational Programme Transport, Námestie slobody 6, 810 05 Bratislava Tel. No. +421 2 5949 4645 E-mail: [email protected]

Ing. Robert Felcan, Director of the Department for Programming and Monitoring of Transport Infrastructure Námestie slobody 6, 810 05 Bratislava Tel. No. +421 2 5949 4449 E-mail: [email protected]

II. BACKGROUND INFORMATION ABOUT THE STRATEGIC DOCUMENT WITH NATIONWIDE REACH

1. Name Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation

2. Background The Operational Programme Transport (“OPT”) is a programming document of the Slovak Republic for drawing assistance from European Union funds in the transport sector for 2007 - 2013.

This document contains a set of objectives and priority axes including multiannual actions to be taken to achieve them, which will be implemented with financial assistance from the Cohesion Fund and the European Regional Development Fund ("ERDF"). OPT has been prepared either pursuant to or in accordance with the following:

· Council Regulation (EC) No. 1083/2006 laying down general provisions on the ERDF, ESF and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999 ("the General Regulation"); · Regulation (EC) No. 1080/2006 of the EP and of the Council on the ERDF and repealing Regulation (EC) No. 1783/1999; · Council Regulation (EC) No. 1084/2006 establishing a Cohesion Fund and repealing Regulation (EC) No. 1164/94. OPT is linked to the objectives and priorities of the National Strategic Reference Framework 2007 - 2013 (the NSRF) as a basic reference tool for programming of EU funds in the EU cohesion and regional policy. OPT implements and in more details expands on the strategic priority of the NSRF "Infrastructure and regional accessibility" through priorities and plans for the development of transport infrastructure and public transport. The Ministry of Environment issued on 28 February 2007 a "Final opinion on the assessment of the strategic document", where findings from the strategic environmental assessment as well as from the expert opinion recommends approval of the "Operational Programme Transport 2007-2013" strategic document. The approval process for revising the Operational Programme Transport 2007-2013 is ongoing. The proposed revision includes a reserve list of projects under Priority Axis 4 for development of rail passenger transport (suburban and regional) in the Slovak Republic, public transport in the City of Bratislava and in the City of Košice and a list of Priority Axis 3 projects for modernization of railway transshipment points and associated infrastructure for the City of Čierna nad Tisou and the village of Maťovské Vojkovce (cadastral territory of Maťovce).

3. Main objectives The main objective of the proposed revision is to improve implementation of the Operational Programme Transport and support a wider group of purposeful project plans that are in synergy with existing objectives in the development of transport. The revision aims to define a new version and add new activities, including a project list of Priority Axis 4 to accelerate the pace of its implementation and to eliminate to the maximum possible degree the risk of not disbursing the earmarked allocation for the case of the Bratislava predmestie - Bratislava filiálka project still to be completed. Concurrently, it is necessary to define a new version and add new Priority Axis 3 activities in order to improve the division of transport work in favor of eco-modal rail transport.

4. Brief description of the strategic document with nationwide reach The proposed revision will change the strategic document in the following sections: - Analysis and strategy of the operational programme; - Objectives, focus and justification for Priority Axis 3, and also its indicators; - Objectives, focus and justification for Priority Axis 4, and also its indicators; - List of projects. Revision of the Operational Programme Transport will mainly affect implementation of Priority Axis 4 - "Infrastructure of integrated transport systems", whose name is changed by the revision to

2 "Infrastructure and means of transport for integrated transport systems" and Priority Axis 3 - "Intermodal transport infrastructure", whose title is changed to "Intermodal transport infrastructure and railway transshipment points." Implementation of Priority Axis 4 - Infrastructure and means of transport for integrated transport systems Priority Axis 4 aims to build infrastructure for integrated transport systems (ITS) of rail passenger transport through interconnection of rail infrastructure with urban rail transport. The aim of building ITS infrastructure is to create conditions for public passenger transport output to grow, especially in urban, suburban and regional transport in Bratislava and Košice Region and in Slovakia's two largest cities - Bratislava and Košice. At present, ITS projects aimed at attractiveness of public passenger transport services by constructing rail infrastructure, transfer terminals and collective parking. The main Priority Axis 4 project is construction of a railway line on the Bratislava Predmestie - Bratislava Filiálka section. The project’s total investment cost is projected at €472,316,605 with the estimated amount of non-returnable financial contribution (NFC) to be €297,651,061 (53.6% of the allocation for the priority axis). Successful implementation of this project was the basic assumption for drawing a critical part of the allocation for Priority Axis 4. In connection with the feasibility study, entitled "Rail Infrastructure for Bratislava Integrated Transport", there was also a fundamental change in the bearing project for PA 4 - “New Bratislava Predmestie - Bratislava Petržalka Rail Connection”, where the timing for preparing the evaluation report is still being considered. Based on the feasibility study, the project’s significance was reevaluated and, according to MTCRD staff, the project has been abandoned. Hence the revision has become more important. The Managing Authority for the Operational Programme Transport (MA OPT) started in parallel with this project to prepare reserve projects, which would constitute a real alternative to use allocations for Priority Axis 4 in the event of failure to implement the Bratislava predmestie - Bratislava filiálka project by the end of the programming period. Implementation of these projects would be able to cover the gap in the absorption capacity of Priority Axis 4 in the event that a decision was taken not to start the Bratislava predmestie - Bratislava filiálka construction project. These projects were also discussed at the working meeting with representatives from the European Commission and JASPERS.

Table 1: List of projects for Priority Axis 4 - Infrastructure for integrated transport systems - original version

No. Project Name 1. M. R. Štefánik Airport rail connection, including the Bratislava Petržalka - Kittsee double-track line and in the Bratislava hl. stanica - Bratislava Nové Mesto section 2. New Bratislava Predmestie - Bratislava Petržalka rail connection 3. Bratislava integrated transport system 4. Integrated transport system for rail passenger transport in Košice and the Košice region (ITSK) Source: MA OPT

Table 2: Proposed projects for inclusion in the list of projects for the revised Priority Axis 4 - Infrastructure and means of transport for integrated transport systems

No. Project Name 1. Upgrading rolling stock for suburban and regional transport

2. Project designs for new bridge construction of Starý most (Bearing CTS Stage I, Janíkov dvor - Bosákova operating section) 3. Bearing CTS Stage 1, Janíkov dvor - Bosákova operating section, Part 1 Šafárikovo nám. - Bosákova ul. 4. Bearing CTS Stage 1, Janíkov dvor - Bosákova operating section, Part 2 Bosákova - Janíkov dvor (along with depot), design 5. Bearing CTS Stage 1, Šafárikovo nám. - Hlavná st. operating section, Part of Šafárikovo nám. - Hlavná stanica, design 6. Upgrading Bratislava tram rolling stock 7. Upgrading Bratislava trolleybus rolling stock 8. Modernizing the Dúbravská radiála (radial road Saratovská - Hanulova), design + implementation 9. Construction of new tramways in Bratislava, TES 10. Construction of new trolleybus routes in Bratislava, TES 11. General transportation plan for the City of Bratislava 12. IKD Košice, Nám. Maratónu mieru - Staničné námestie with connections to ŽSR, implementation 13. Upgrading Košice tram rolling stock 14. Modernizing tram tracks in Košice, Stage 1 - 3 (design + implementation) 15. Modernizing tram tracks in Košice, Stage 4 - 7 (design + power supplies) Source: MA OPT

Implementation of Priority Axis 3 - Intermodal transport and railway transshipment point infrastructure The objective of Priority Axis 3 is to improve the position of intermodal transport, thereby creating the conditions for gradually changing the modal split in favor of more environmentally friendly modes of transport. A network of public terminals is being built in order to provide quality terminal services established upon on a non-discriminatory approach in interconnecting logistics centers for efficient provision of logistics services. Given the current disbursement of funds and the dangerous situation at Priority Axis 3, MA OPT decided to add new activities also to this OPT area to support development of rail freight transport and improve its position in the transport market. Synergistically with modernization and completion of intermodal transport infrastructure, MA OPT plans to add the following new activity: - Modernization of railway transshipment points and associated infrastructure.

4 Table 3: List of projects for Priority Axis 3 - Intermodal transport infrastructure - original version No. Project Name 1. Public intermodal transport terminal Bratislava 2. Public intermodal transport terminal Žilina 3. Public intermodal transport terminal Zvolen 4. Public intermodal transport terminal Košice Source: MA OPT

Table 4: Proposed projects for inclusion in the list of projects for the revised Priority Axis 3 - Intermodal transport and railway transshipment point infrastructure

No. Project Name 1. Modernizing the SG/BG railway yard at Čierna nad Tisou Border Crossing Station (BCS) 2. Modernizing Čierna nad Tisou BCS (transshipment point track and ramp infrastructure) 3. Modernizing the SG railway yard at Maťovce BCS Source: MA OPT

5. Relationship with other strategic documents

The program’s focus and content is linked and harmonized with the following strategic documents: Strategic documents and EU policy EC legislation in the area of cohesion policy; · EC legislation in the area of competition rules; · EC legislation in the area of public procurement; · EC legislation in the area of rules on protecting and improving the environment; · EC legislation in the area of equal opportunities, gender equality and non-discrimination.

Strategic documents and Slovak policy · National Strategic Reference Framework; · Competitiveness Strategy for Slovakia for 2010; · National Sustainable Development Strategy; · Slovak Spatial Development Strategy; · Other national and sectoral strategic documents: - Transport Policy in Slovakia for 2015; - Update of new project for building the motorways and expressways; - Long-term railways development program; - Railways development program for 2010 and proposed financing of capital projects; - Combined Transport Development Concept; - Development of public passenger transport prior to individual transport.

III. DESCRIPTION OF INTERIM PREPARATION AND ASSESSMENT Impact of the strategic document with nationwide reach has been organized by the MTCRD. The assessment was conducted in accordance with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programs on the environment (“SEA Directive”) and the Act.

1. Time schedule for preparation and approval

OPT preparation

The partnership principle was applied through working group meetings for preparation of the NSRF 2007 - 2013 and the Working Group for preparing the Operational Programme Transport. The working group for developing the Operational Programme Transport was composed of representatives of the relevant ministries, Higher Territorial Units, local governments and NGOs. The Ministry of Transport, Construction and Regional Development as the Managing Authority for the Operational Programme Transport (OPT) through the Operational Programme Transport Section has prepared the change of a strategic document with nationwide reach in the “Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” which is subject to the screening procedure under § 7 of the Act.

Strategic environmental assessment of the strategic document with nationwide reach (OPT) Screening is conducted in the case of changes to a strategic document with nationwide reach in accordance with § 17 par. 4 of the Act by the authorized department, in this case the Ministry of Transport, Construction and Regional Development of the Slovak Republic (MTCRD). The notice on changing a strategic document with nationwide reach was prepared in accordance with § 5 par. 5 and Annex 2 of the Act and contained basic information about the proposed change to the strategic document - the Operational Programme Transport, indicating its nature, main objectives, content, time schedule for preparation and approval, relationship with other strategic documents, and also indicating the authority competent to accept such a change and the type of approval document. Due to the nature of the proposed changes, this strategic document with nationwide reach was prepared invariantly. The notice on changing a strategic document with nationwide reach was received in accordance with § 17 par. 3 of the Act by the Ministry of Environment on 2 August 2012, and then on the same day it was published in the mass media with nationwide reach: Hospodárske noviny, the MTCRD website www.mindop.sk, and also on the website www.enviroportal.sk pursuant to § 6 par. 1 of the Act. The published notice under § 6 par. 2(a) of the Act was sent to 22 the entities to be affected. Opinions about the notice were forwarded by 14 of the entities to be affected. The public did not forward an opinion on the issued document. Screening ended with MTCRD Decision No. 16993/2012/ SOPT/z.48185, dated 23 August 2012, stating that the strategic document with nationwide reach "Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation" will be considered under § 8 - § 14 of the Act. The decision was published on 31 August 2012 on the MTCRD’s website www.mindop.sk and also sent to the Ministry of Environment and relevant authorities. On 23 August 2012, a joint meeting of the MTCRD and Ministry of Environment was held to determine the scope of the assessment for revising the strategic document with nationwide reach. The Ministry of Environment obtained a detailed understanding of comments received on the notice on changing the strategic document. General conditions and specific requirements for the scope of the assessment were subsequently discussed. The scope of the assessment was issued by

6 the MTCRD in cooperation with the Ministry of Environment under number 16993/2012/SOPT/z.48188, dated 24 August 2012. The MTCRD as the contracting authority published the scope of the assessment in accordance with § 17 par. 5 of the Act on its website www.mindop.sk and information on determining the scope of the assessment was published in Hospodárske noviny (a mass medium with national coverage) on 31 August 2012. It was published in www.enviroportal.sk on 3 September 2012. The public and relevant authorities did not forward any opinions regarding the scope of the assessment of the strategic document pursuant to § 8 par. 7 of the Act. The MTCRD incorporated the wording from the scope of the assessment and opinions received in regard to the notice in the assessment report (under § 17 par. 6). The assessment report was published in Hospodárske noviny, the MTCRD website www.mindop.sk and www.enviroportal.sk on 28 September 2012. Information also included an indication of the date when opinions could be submitted, including an address where opinions should be sent as well as the date and place of the public hearing. Opinions on the assessment report were forwarded by 22 of the 30 relevant authorities that were addressed. A public hearing was held at Meeting Room 5 on the first floor of the MTCRD building at 2:00 pm on 18 October 2012. Minutes from the public hearing were prepared by the contracting authority on 18 October 2012. The Ministry of Environment, under § 17 par. 11, appointed an expert to prepare an opinion in Ref. No. 7051/2012-3.4/ml, dated 3 October 2012. The opinion was to be prepared by ENVICONSULT spol. s.r.o., with its registered seat at Obežná 7, 010 08 Žilina. The expert opinion, draft OPT opinion and assessment report were prepared on 29 October 2012 by ENVICONSULT spol. s.r.o. (responsible expert RNDr. Anton Darnady) in accordance with § 13 of the Act and under Annex 6 to the Act.

2. Authority competent to accept the strategic document with nationwide reach The Slovak Government and the European Commission

3. Type of acceptance, decision Approval by the OPT Monitoring Committee, Slovak Government and European Commission

4. Preparation of the assessment report

The assessment report was prepared by EKOJET, Ltd. with its registered seat at Staré Grunty 9A, 841 04 Bratislava, in September 2012 under § 17 par. 6 and Annex 4 of the Act, and also in accordance with Article 5 and Annex I of the SEA Directive.

5. Consideration of the assessment report Under § 17 par. 11 of the Act, the Ministry of Environment had the expert opinion prepared in accordance with § 13 par. 8 and 9 of the Act on the OPT and assessment report in Ref. No. 7051/2012-3.4/ml, dated 3 October 2012. ENVICONSULT spol. s.r.o., a company registered as an entity licensed to conduct environmental impact assessments under No. 6/98-OPV, was named to prepare the expert opinion. The submitted assessment report was 72 pages long and included 1 appendix.

The report’s author stated that identification of negative and positive effects corresponded to the nature of material and the desired scale of the solution. The Assessment Report was prepared to incorporate the main points of the structure specified in Annex 4 to Act No. 24/2006 Coll. It can be likewise said that the report dealt with the requirements specified in the Scope of the Assessment. Fairly reasonable assumptions were elaborated in the OPT revision which in this case constituted an analysis and strategy justifying the need to address issues currently under consideration. Fragments from the analyzes are presented in relevant sections of the assessment report, which documents that the entity preparing the report worked with the material and utilized it. The report on the assessment could be more detailed on individual projects, whose scope could then be better presented. The territory in question ultimately consider four urban settlements and their backgrounds, namely Bratislava, Košice, Čierna nad Tisou and Maťovské Vojkovce. The assessment report states that the railway stations in Čierna nad Tisou and Maťovské Vojkovce are located a sufficient distance away from residential areas. These claims need to be further examined and subsequently verified in the next stages under the Act, particularly focusing on noise. However, the author of the opinion in the end identified himself with the conclusions of the assessment report. Implementation of the projects in the revised OPT will mainly have a positive environmental impact, which should be reflected mainly in improved air quality, soil and therewith also groundwater under railways and tram superstructures, while also reducing noise load and increasing comfort for passengers using the Bratislava and Košice CTS. Minor adverse effects will occur primarily during construction and be related to construction activities, using civil engineering techniques in construction, and to rising traffic. From another perspective, adverse effects during construction are reflected in the need to reorganize traffic and in the decreased passenger comfort in relation to possible downtime.

6. Opinions and the evaluation of them The Ministry department (MTCRD) received 21 opinions about the published draft of the strategic document and the report on assessment of the strategic document.

Office of the Slovak Government, Department of Cross-sectoral Priorities (Ref. No. 36014/2012) In Ref. No. 16993/2012/SOPT/z.54573, you delivered us the draft Revision of the Operational Programme Transport 2007 - 2013 in relation to a lack of progress in implementation and a report on assessing the strategic document in accordance with the Environmental Impact Assessment Act. In this context, we notify you that we have no comments to make about the submitted documents.

Ministry of the Economy, Section of Supported Projects (Ref. No. 3680/2012-4100, dated 4 October 2012) There are no comments by the Ministry of the Economy on changes to the strategic document with nationwide reach: Operational Programme Transport 2007 - 2013.

Ministry of Foreign and European Affairs, Section for European Affairs (Ref. No. 472.302/2012-EUPO dated 19 October 2012) The Ministry of Foreign and European Affairs of the Slovak Republic has no comments on proposed changes to either the strategic document or the report on assessment of the strategic document.

Ministry of Health, Department of European Programs and Projects (Ref. No. Z46960- 2012-OP, dated 5 October 2012) The Ministry of Health has no comments on proposed changes to either the strategic document with nationwide reach or the report on assessment of the strategic document with nationwide reach.

8 Ministry of Defence, Department of Property and Infrastructure (Ref No. SEMaI-25-701/2012, dated 15 October 2012) The Ministry of Defence, as the relevant authority under § 10 par. 3 of Act No. 24/2006 Coll. on Environmental Impact Assessment has no comments on proposed changes to the strategic document with nationwide reach and no comments to the report assessing the "Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” strategic document.

Ministry of Agriculture and Rural Development, Rural Development Section (Ref. No. 27643/2012, dated 17 October 2012) The Ministry of Agriculture and Rural Development has no comments on the proposed changes to the strategic document “Operational Programme Transport 2007 - 2013” and to the report assessing the “Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” strategic document.

Ministry of Labour, Social Affairs and Family, Department of ESF Management (File Reference No. 45177/2012-EUPO and File No. 15317/2012/MODP, dated 12 October 2012) The main objective of revision is to improve implementation and support a broader group of transport development projects in two priority axes to which the revision relates. Given the lack of progress in implementation and low disbursement of programme funding, we consider revision to be the correct step to disburse more funds and successfully achieve the program’s objectives. We therefore agree with the revision of the Operational Programme Transport.

The Ministry of Culture (Ref. No. MK-1551-51/15424, dated 23 October 2012) Based on your Ref No. 16993/2012/SOPT/z.54573, dated 27 September 2012, the Ministry of Culture in accordance with § 6 par. 6 of Act No. 24/2006 Coll. on Environmental Impact Assessment, amending certain legislation, as amended, informs you that there are no comments to be made in regard to “Revision of the Operational Programme Transport 2007 - 2013 in relation to the lack of progress in implementation”.

Ministry of Finance, Section for European Funds (Ref. No. MF/016124/2012-541 and 085900/2012) In connection with your Ref. No. response to your Ref. No. 16993/2012/SOPT/z, dated 27 September 2012 on proposed changes to the "Operational Programme Transport 2007-2013" strategic document with nationwide reach (“the strategic document”) and in accordance with Act No. 24/2006 Coll. on Environmental Impact Assessment, amending certain legislation, as amended, we inform you that the Ministry of Finance has no comments to the notice on the strategic document. However, we recommend to the authority submitting the document to edit the following: · p. 49 penultimate paragraph - update the text because it is outdated; · p. 119, tab. 65 "Composition and Numbers of Representatives in the Working Group for Preparation of the OPT" - update names of the different ministries.

Ministry of Environment, Section of Waters (Ref. No. 51779/2012-6.2, dated 8 October 2012) The submitted report declares: “Given the location (within already existing transport infrastructure) and the nature of evaluated changes in the strategic document, especially regarding the upgrade of rolling stock, modernization of existing trolleybus and tram lines and construction of new lines and modernization of tracks, stations/transshipment points, there is no significant impact on the flow, mode and quality of groundwater and surface water. Groundwater quality and its physical and chemical properties will not be affected by the planned changes.” On this basis and in the context of the entire report, we have no essential comments to the submitted assessment report.

Ministry of Environment, Section of Geology and Natural Resources, Department of National Geological Reports (Ref. No. 52746/2012, dated 11 October 2012) Regarding the submitted material there is only one formal comment relating to incorrect use of terminology on page 8 in Chapter 1.1.3 (Mineral Resources). Geological-mining legislation uses in connection with mineral resource issues the following terms: terms "exclusive mineral deposits", "non-exclusive mineral deposits", "protected deposits" and "mining areas".

Ministry of Environment, Section of Nature Conservation and Landscaping, Department of State Administration (Ref. No. 51672/2012, dated 17 October 2012) After the initial summing of information about the area and nature of activities, the opinion below is stated. The Ministry of Environment, Department of State Administration (“the Ministry”) requested by Reference No. 7916/2012-2.2, dated 5 October 2012, the State Nature Conservancy (SNC) to provide an opinion regarding the assessment report (AR). After studying the AR and based on the opinion of the SNC, we given the opinion below:

Impacts on NATURA 2000 sites:

The proposal to add projects for Priority Axis 4 - Infrastructure for integrated transport systems mainly affects stops in Bratislava and Košice, so-called Management of New Support Routes for Bearing CTS will not interfere with either protected bird areas or sites of community importance (SCIs). The proposal to change the Priority Axis 3 - Intermodal transport and railway transshipment point infrastructure will not interfere with either bird sanctuaries or SCIs. Closest to the proposed railway yard modernization at Čierna nad Tisou is the CHVU015 Medzibodrožie bird sanctuary - about 700 meters away and SCI 0006 Latorica - about 3000 meters away. Proposed activities/projects will be placed largely in anthropogenically affected environments in developed parts of Bratislava and Košice and in currently established transshipment railway stations. Given the location of individual projects in the revision of the strategic document in relation to protected areas, effects on the closest protected sites in the NATURA 2000 system and also effects on genetic resources and biodiversity can be considered to be of little significance. Projects that meet thresholds for screening or mandatory assessment will need to be considered in terms of their impact on interests of nature and landscape conservation in greater detail and more specification. Based on a comprehensive assessment of the effects of activity on protecting nature in view of the strategic document with nationwide reach, we consider the proposed alternative to be socially justified and environmentally acceptable.

Žilina Regional Environmental Office, Department of Environmental Care (Ref. No. 2012/01431/Gr, dated 9 October 2012) The REO states that the OPT has undergone a detailed strategic environmental assessment in accordance with Act No. 24/2006 on Environmental Impact Assessment, amending certain legislation. Proposed OPT activities will not have a significant adverse impact on protected natural environments and landscape, and they are expected to have a positive environmental impact in urbanized areas of Slovakia. Preparation and selection of projects during implementation of the operational programme will be conducted with regard to compliance with the principles of protecting and improving the environment under Act 543/2002 Coll. on Nature and Landscape Conservation.

10 The Žilina Regional Environmental Office is acquainted with the proposed changes to the strategic document, the content and structure of the report and has no comments regarding the submitted strategic document.

Trenčín Regional Environmental Office, Department of Environmental Care (Ref. No. 2012/591/3062Jk dated 18 October 2012) After reviewing these documents, we note that we have no objections or comments regarding the proposed changes to the strategic document with nationwide reach submitted and also regarding the environmental impact assessment report with nationwide reach, "Revision of the Operational Programme Transport 2007 - 2013, in relation to lack of progress in implementation.

Nitra Regional Environmental Office, Department of Environmental Protection (Ref. No. 2012/00618 and 2012/567, dated 17 October 2012) One of the most significant adverse impacts from development of transport infrastructure on the environment is air pollution. Almost all of Slovakia exceeds limits for particulates and one of the reasons is intense traffic and related pollution from roads in urban, densely populated areas with significant impact on human health. We ask for such development activities to be proposed and for supporting projects where action will be taken to improve air quality particularly in areas whose air quality has been declared to be exceeding limits for particulates. Specific development to be conducted in accordance with Act No. 24/2006 Coll. on Environmental Impact Assessment, amending certain legislation, as amended, with regard to the interests of nature and landscape conservation in the affected area and in compliance with all applicable environmental protection regulations. The Nitra Regional Environmental Office has no other comments regarding additions to the strategic document and recommends the submitted document be approved. Prešov Regional Environmental Office, Department of Environmental Quality (Ref. No. 2012/1516-7683 /FB) With all sections of the Prešov Regional Environmental Office having become acquainted with the proposal in question, namely the Department of Environmental Quality (section for national water administration, section for national waste management, section for clean air and section for prevention of major industrial accidents), the Prešov Regional Environmental Office is not the affected national authority. Prešov Regional Environmental Office, Department of Nature and Landscape Conservation (Ref. No. 2012/1515-7724) The submitted strategic document - R-OPT 2007 - 2013 addresses changes in transport issues which are situated outside Prešov Region. In terms of nature conservation interests, there is no presumption of significant impact from these changes on protected areas in Prešov Region. Regarding the submitted strategy document R-OPT 2007 - 2013 and the submitted Assessment Report, the local government authority for nature and landscape conservation has no comments in terms of nature and landscape conservation interests. Košice Regional Environmental Office (Ref. No. OPK/2012/653, dated 19 October 2012) Nature and Landscape Conservation Section Potential adverse effects from the Operational Programme Transport on the environment, protected areas and the territorial system of ecological stability (TSES) were assessed in the submitted assessment report as being of little severity, and measures to mitigate different options will be addressed when proposed alternatives are considered.

In terms of nature and landscape conservation, we agree with the strategic document without comment. National Water Management Section In terms of national water management and water conservation interests, we have no comments regarding the submitted strategic document and the environmental impact assessment report. Waste Management Section In terms of national waste management, we agree with the submitted assessment report without comment. Clean Air Section The subject of the submitted proposal is to consider changing the “Revision of the Operational Programme Transport 2007-2013 in relation to lack of progress in implementation” strategic document with nationwide reach. During construction and modernization of infrastructure, a source of air pollution will be emissions of increased dust produced by construction and transport machines. All air pollution sources in different transport projects will have to meet emission limits set by Ministry of Agriculture, Environment and Rural Development Decree No. 356/2010 Coll. implementing certain provisions of Act No. 137/2010 Coll. on Clean Air, as amended, and also must comply with conditions established by Ministry of Agriculture, Environment and Rural Development Decree No. 360/2010 Coll. on air quality. In view of the proposed changes to the strategic document in relation to impacting air and local climate, we can expect positive effects since favoring tram and trolleybus transport over bus transport will be reflected in decreased traffic emissions. In terms of national administration of clean air, we have no comments on the submitted proposal. Conclusion: The main objective of the proposed revision is to improve implementation of the Operational Programme Transport and support a wider group of purposeful project plans that are in synergy with existing objectives in the development of transport. The Košice Regional Environmental Office in terms of national nature and landscape conservation, national water management, national waste management and national clean air management has no comments. The submitted material was evaluated as an environmentally friendly baseline document for further activities to be individually assessed.

Banská Bystrica Regional Environmental Office, Department of Environmental Care (Ref. No. 03/2012/954 - Pr, dated 18 October 2012)

After introductory recapitulation relating to OPT revision, the office writes the following: We may consider the directly addressed area to be the surface of where trolleybus and tram tracks for Bratislava and Košice will be upgraded and constructed, while railway transshipment points and associated infrastructure will be modernized in Čierna nad Tisou and Maťovské Vojkovce (cadastral territory of Maťovce). Changing the strategy document does not interfere with any protected area under Act No. 543/2002 Coll. on Nature and Landscape Conservation, as amended (hereafter the Conservation Act). In the territory in question covered by the proposed activities of projects resulting from changes in the strategic document, the first stage of land protection applies under the Conservation Act.

12 The proposal to add projects to the Priority Axis 4 - Infrastructure for integrated transport systems, mainly affects stops in Bratislava and Košice, routing of new bearing CTS will not interfere with protected bird sanctuaries or sites of community importance. Implementation of Priority Axis 3 - Integrated transport and railway transshipment point infrastructure will not interfere with either bird sanctuaries (CHVU) or sites of community importance (SCIs). The CHVU Medzibodrožie bird sanctuary is located at closest approx. 700 meters away and the closest SCI, the Latorica, s located 3 km from the proposed railway yard modernization at Čierna nad Tisou. The Banská Bystrica Regional Environmental Office, Department of Environmental Care has no remarks regarding the "Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” strategic document. Given the location of individual projects in the revision of the strategic document in relation to protected areas, effects on the closest protected sites, including sites in the NATURA 2000 system and also effects on genetic resources and biodiversity can be considered to be of little significance. Projects that meet thresholds for screening or mandatory assessment will need to be considered in terms of their impact on interests of nature and landscape conservation in greater detail and more specification.

Trnava Regional Environmental Office, Department of Nature and Landscape, Waste Management and EIA (Ref. No. AF2/2012/531/Pu, dated 22 October 2012 ) The Operational Programme Transport (OPT) is a strategic programmatic document of the Slovak Republic for drawing assistance from European Union funds in the transport sector for 2007 - 2013. The main objective of the proposed revision is to improve implementation of the Operational Programme Transport and encourage a wider group of project plans that are in synergy with existing objectives in the development of transport. The revision aims to define a new version and add new activities, including a project portfolio of Priority Axis 4 to accelerate the pace of its implementation and to eliminate to the maximum possible degree the risk of not drawing the earmarked allocation in the case of not implementation the Bratislava predmestie - Bratislava filiálka project. Concurrently, it is necessary to define a new version and add new Priority Axis 3 activities in order to improve the modal split in favor of ecological modal rail transport. In connection with implementation of proposed changes to the strategic document, it is to be expected that environmental impacts are not different from what has already been identified during assessment of the Operational Programme Transport 2007 - 2013 strategic document under the Act. Revision of the Operational Programme Transport there will not substantially change the environmental impact.

Košice Self-governing Region (Ref. No. 3738/2012-RU16/30699 dated 9 October 2012) After reviewing the documents sent, we present the following: The objective of the revision is to improve OPT implementation and encourage a wider group of purposeful project plans that are in synergy with existing objectives in the development of transport. The Košice Self-governing Region has no comments on changes to either the strategic document with nationwide reach or the report on assessment of the strategic document with nationwide reach.

Prešov Self-governing Region, Department of Regional Development (Ref. No. 5537/2012/ODDUPZP-002, dated 23 October 2012) Prešov Self-governing Region, Department of Regional Development, in accordance with § 6 par. 4 of Act of the National Council of the Slovak Republic No. 24/2006 Coll. on Environmental Impact Assessment, amending certain legislation, as amended (“the Act”) as the relevant authority, agrees with the proposed document, whose assessment is not required by law.

Žilina Self-governing Region, Department of Transportation and Regional Development (Ref. No. 5162/2012/OdaRR-004, dated 23 October 2012) After studying the submitted conclusion, the Žilina Self-governing region has no remarks regarding the submitted notice on the strategic document with nationwide reach.

Trnava Self-governing Region, Department of Economic Strategies (Ref. No. 05787/2012/OUPZP- 005/Ta, dated 16 October 2012) The Department of Land-use Planning and Environment of the TSGR has no remarks regarding the submitted assessment report. The assessment report has been prepared in accordance with Act No. 24/2006 Coll. on Environmental Impact Assessment, amending certain legislation, and the TSGR envisages the change in the strategic document not to impact the environment markedly, as it was documented while assessing the original Operational Programme Transport. Association of Towns and Communities of Slovakia (ZMOS) (Ref. No. 409/2012, dated 8 October 2012) ZMOS has no remarks to make regarding the revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation. Regarding the notice on the strategic document, 14 opinions were received, of which 12 had no remarks and two (from the Bratislava Self-governing Region and the Office of the Košice Self-governing Region) had remarks. These are further analyzed in Section IV of this report, which discusses Basic data about the expected effects of the strategic document, including health. 7. Public hearing and findings A public hearing on the assessment report was held at Meeting Room 5 on the first floor of the MTCRD building, Námestie slobody 6, at 2:00 pm on 18 October 2012. The public hearing had the agenda below: 1. Opening + welcoming of participants in the public hearing 2. Presentation + summarizing previous steps in the strategic environmental assessment from the position of the contracting authority (MTCRD) - Ing. Robert Felcan 3. Presentation of the assessment report from the company that prepared it - EKOJET, s.r.o. - Mgr. Tomáš Šembera 4. Discussion 5. Close In addition to the presentations, a brief discussion also took place. The following question was raised - p. Ing. Branislav Hudák (public): “In Table 3: List of projects for Priority Axis 3 - Intermodal transport infrastructure - original version, does Item 3 also allow for continuation of the public intermodal transport terminal in Zvolen or will it be replaced with the terminal in Leopoldov?” Answer: Ing. Róbert Felcan from MTRCD - “Anything relating to projects in the table were proposed at the beginning of the programming period. Subsequently, after the OPT was approved, feasibility studies were prepared to identify potential sites for construction of the terminals, where Zvolen was identified and that both at present and also in the future it is not necessary to start accelerated preparation and just this terminal was replaced with the Leopoldov terminal where there is potential for its use and growth of rolling stock output.” Minutes from the public hearing were prepared by Ekojet, s.r.o. in cooperation with the MTRCD contracting authority the date the hearing was held, 18 October 2012. IV. OVERALL ASSESSMENT OF THE STRATEGIC DOCUMENT’S IMPACT Preparing the environmental impact assessment of the strategic document, which is a priori concentrated on improving the environment, is very challenging and plays an atypical enough role.

14 The fact that it is atypical results from different activities being considered in terms of their environmental impact. In this case, the entire OPT was focused on greening of transport systems and the same applies to Operational Axes 3 and 4, and the projects included in them. The aim of this assessment is then mainly confirmation of the trends being put in place under specific regional conditions. The same analogy applies to the evaluation to ensure sustainable development in the implementation of the operational programme. Full impact assessment of the revised OPT was strongly linked to findings from the original OPT assessment, for which the Ministry of Environment issued in an advisory opinion on 28 February 2007. All assessed impacts from the Operational Programme Transport on the environment are at the strategic assessment level evaluated as less serious. Also to be noted is that expected effects of its implementation are mostly positive, especially for urbanized areas of the Slovak Republic. Adverse effects on the natural environment and landscape, including bird sanctuaries, sites of community importance and the coherent European network of protected areas (NATURA 2000), will not be severe, where steps need to be followed to minimize, or eliminate them, as indicated in Chapter VI/3 of the final opinion. In connection with implementation of proposed changes to the strategic document, it is to be expected that environmental impact, including health, is no different from what has already been identified during strategic environmental assessment of the Operational Programme Transport 2007 - 2013 strategic document. Revision of the Operational Programme Transport there will not substantially change the environmental impact. Below is a summary of the impacts resulting from the assessment report and expert opinion.

1.1. Population impact: Since the proposed projects in Priority Axis 4 will be implemented in areas with already existing urban transport infrastructure in Bratislava and Košice, only positive impacts on the environment can be expected such as noise reduction, improved safety, redcuction of emissions on permanent basis. In connection with increased construction in the affected locations, the situation would be temporarily worsened and certain traffic restrictions would have to be also imposed, which will have an impact on passenger comfort. Modernizing the Čierna nad Tisou and Maťovské Vojkovce BCSs will clearly have a long-term effect in reducing noise. All reported effects are positively reflected also on the human health impact of both those using transport facilities and those living in the vicinity of the planned activities.

1.2 Acceptability of activities for the affected municipalities Changes in the OPT directly pertain to four communities: Bratislava, Košice, Čierna nad Tisou and Maťovské Vojkovce. Under the Act, interests from these communities are represented by the self-governing regions in the case of a notice regarding a change in the strategic document and indirectly also the regional environmental offices in the case of the assessment report. In the case of the Assessment Report, the entity preparing the report assessed all comments raised in opinions on the notice. These were opinions raised by the Bratislava Self-governing Region (Ref. No. 11113, dated 15 August 2012) and the Office of the Košice Region (Ref. No. 3738/2012-RU16/26350, dated 20 August 2012). As shown in Section 3 of this report, the Bratislava Self-governing Region did not send an opinion on the assessment report. The public did not make any separate statement in the course of screening in respect to changing the strategic document with nationwide reach. Since remarks during the comment phase to the notice on changing the strategic document were only made by two of the earlier mentioned self-governing regions and one of them (Office of the Košice Self-governing Region) made a positive statement regarding the assessment report, the only

15 relevant authority to have made any statement on the change to the OPT remained the Bratislava Self-governing Region. Its main points were directed toward finalizing the PO 4 project - “New Bratislava Predmestie - Bratislava Petržalka Rail Connection”. The MTCRD responded to the opinion from the Bratislava Self-governing Region to the assessment report that it is also in their interest and it supports the project. After the assessment report was published, however, the Feasibility Study titled "Rail Infrastructure for Bratislava Integrated Transport" was completed, which had been prepared for the sponsoring MTCRD by STAR EU, a.s. in cooperation with other organizations. The study was completed at the end of September 2012 and after the project was evaluated, construction of the PO 4 support project - “New Bratislava Predmestie - Bratislava Petržalka Rail Connection” was presented as inefficient. The whole project will be reviewed in its entirety in the future and reassigned to another stage of importance. Its implementation in the 2007 - 2013 OPT had become unrealistic. This is an objective fact and the BSGR had the opportunity to exercise their comments and requirements in the opinion on the assessment report.

Therefore, greater weight will be placed on projects proposed in the revision of the OPT.

1.3 Environmental impact The impact of assessed activities on individual components of the environment in the construction and operation phases, considering the fact that it involves use in urban areas, was evaluated as minimal. In the case of the soil and groundwater environment, it can be expected even to improve the current situation (upgrading of railway vehicle, tram and trolleybus rolling stock, trams and trolleybuses reduces potential contamination of the existing tram and railway track superstructure due to worn equipment, restoration of contaminated superstructure at transshipment points). Slightly adverse effects of new projects, mainly from construction of new tram and possibly trolleybus tracks, is intervention with the terrain and also relief. This impact is up-to-date also in modernizing railway yards and all BCSs in eastern Slovakia. These impacts will be evaluated individually for locations within the assessment activities - EIA projects as long as they fall under the law, or at least in project designs.

1.4 Landscape Impact: The impact of proposed projects from changing the strategic document on landscape structure, utilization and scenery is minimal.

1.5 Impact on protected areas and protected zones With findings of the entity preparing the report in relation to nature and landscape conservation and also NATURA 2000 sites it is possible to be identified based on the executed assessment. As part of the impact assessment of activities in individual projects according to the Act, it will be necessary to assess in detail the possible impact on TSES components at the local and regional levels.

1.6 Impact on urban complexes and land use There will be a positive impact on urban complexes at assessed sites when the projects are implemented and, in addition to more convenient transport and raised environmental quality, these regions will become more attractive to visitors from outside Slovakia after their city transit systems have been modernized.

1.7. Primary, secondary, cumulative, synergistic, short, medium, long-term, permanent, temporary, positive and negative impacts of changing the strategic document The impact assessment under the above categorization confirms dominance of positive effects from revision of the OPT on the environment. It is necessary to emphasize the significance of

16 having prepared the Transport Master Plan for the City of Bratislava, which becomes important especially in relation to cumulative and synergistic effects. The entire transport system in Bratislava (and other major cities) is subject to a large number of cumulative effects on the environment. Therefore, development of the master plan can be considered an important preventive tool with the ability to avoid these cumulative impacts in advance or to minimize or optimize them so that the most environmental friendly combination of impacts is implemented and therewith a combination of transport options.

1.8 Cross-border impact It is not expected that there would be effects from implementation of strategic papers beyond national borders. The material deals with projects where no cross-border impact is anticipated.

V. OVERALL IMPACT ASSESSMENT OF THE STRATEGY DOCUMENT WITH NATIONWIDE REACH ON PROPOSED BIRD SANCTUARIES, SITES OF COMMUNITY SIGNIFICANCE AND THE COHERENT EUROPEAN NETWORK OF PROTECTED AREAS (NATURA 2000) Individual projects from proposed changing of the strategic document do not interfere with any proposed NATURA 2000 site (proposed bird sanctuary or site of community importance). Given the nature and localization of individual projects resulting from the change the strategic document away from NATURA 2000 sites, there will be no impact on these sites.

VI. FINDINGS

1. Assessment findings Based on findings from the impact assessment of the “Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” strategic document with nationwide reach on the environment, in accordance with provisions of the Act, which considered the significance of expected effects from the revised OPT on the environment, protected sites and human health in terms of probability, extent and duration, focusing particularly on compliance with other strategic documents at the cross-border, national, regional and local level, preparation of the notice, scope of the assessment and timing, preparation of the assessment report and OPT revision, outcome from the public hearing on the report and OPT assessment, findings in the expert opinion and consultation, and the current state of knowledge

i s r e c o m m e n d e d to approve the “Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” strategic document with nationwide reach as long as it complies with conditions specified in Part VI “FINDINGS”, Point 3 “Recommendations for reworking, completing and modifying the draft strategic document” of this opinion, and if each project supported in the OPT is subject to environmental impact assessment under the law, an environmental impact assessment will need to be conducted under the law before permission for them will be granted under special regulations. 2. Recommended option It is recommended to approve “Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation” (Operational Programme Transport 2007 - 2013, version 3.0), dated September 2012, which was assessed in terms of environmental impact under the law in one option.

3. Recommendations for reworking, completing and modifying the draft strategic document Revision of the Operational Programme Transport 2007 - 2013 in relation to lack of progress in implementation will have positive environmental impact, including health. No significant adverse effects are anticipated. Specific measures to prevent, eliminate, minimize and compensate the environmental and health impact of individual proposed projects from changing the strategic document will be addressed during process of assessment or within technical possibilities during preparation of the project designs at the appropriate stage. Given the well-prepared analysis and strategy of the operational programme, the appropriate inclusion of projects in revised priority axes 3 and 4, which earlier meant to a great degree that environmental impact would be minimal and no reworking or accomplishment of strategic document are be needed. It will be sufficient to incorporate findings from assessment of the strategic document with nationwide reach into the applicable chapter and to add new relevant facts to the revision of the OPT, which would be done after the assessment report is completed and delivered. Measures identified in this stage of preparing each project include: - Consistently conducting an environmental impact assessment at the level of different activities / projects under Act 24/2006 Coll., if they are to be assessed in order to ensure optimization of selected solutions and their localization, selection of environmental technologies, timing and objective sequence of different implementing steps as well as a balance of environmental, social and economic aspects of the implemented projects; - Giving special attention during the environmental impact assessment particularly to projects that will be in contact with the coherent European network of protected areas (NATURA 2000); - Incorporating all relevant environmental criteria into an overall system of evaluation and selection of projects; - Incorporating into the system of overall environmental impact assessment and selection of projects the criteria respecting all TSES components, water resource protected zones, zones for hygienic protection of natural mineral water springs and other buffer zones; - Giving special attention to a human health impact assessment and quality of life assessment of those affected; - Assessing compliance of each proposed activity/project with the approved strategic document; - Providing applicants with information about environmental permits and possible links in submitted and assessed projects; - Closely monitore during project selection the sustainability aspect of supported activities after co-financed projects have been completed and the balance of short and long-term effects; - Monitoring in project selection the balance of local, regional and supra-regional effects from projects, especially cumulative and long-term impact in relation to development of less accessible regions in terms of improving job opportunities; - Ensure transparency, including access to information, selection and allocation of resources, as well as monitoring and evaluation activities / projects and programs for respecting protection of competition; - Streamlining and simplifying administration of preparation and implementation of projects while guaranteeing that inspections are objectively chosen and consistent; - Manage preparation of projects to be implemented in developed and highly urbanized areas of Bratislava and Košice long enough in advance to create organizational conditions for managing construction in full urban traffic.

18 Measures will be updated / added when different proposed activities / projects are prepared in subsequent project design stages. 4. Reasoning of the opinion for an environmental impact assessment of the strategic document with nationwide reach The opinion was prepared in accordance with § 17 par. 12 of the Act pursuant to a notice defining the scope of the assessment and timing of the assessment report, the assessment report and OPT version 3.0, a public hearing on the assessment report and OPD, an expert opinion and consultations. Documentation was evaluated and the opinion prepared under provisions of the Act, Ministry of Environment Decree No. 113/2006 Coll., laying down details of professional competence for the purpose of assessing environmental impact and requirements of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the impacts of certain plans and programs on the environment. When revision of the OPT was recommended, note was taken of environmental, social and economic effects on a cross-border, national, regional and local level, as well as the impact on all environmental areas covered by priority axes 3 and 4. The outcome of the environmental impact assessment indicated that the OPT, version 3.0, dated September 2012, is environmentally friendly in terms of overall (negative and positive) environmental impact. Provided that recommendations to complete and modify a draft OPT revision are accepted and implemented, a major part of the expected and also actually existing minor negative effects of implementing the OPT can be minimized through thorough monitoring and thus a preponderance of positive effects from the OPT can be assured. The assessment report specified, described and assessed all significant environmental and human health impacts from the OPT. Both the assessment report and the expert opinion issued by a licensed entity clearly demonstrated the potential of positive effects from the OPD on the environment and human health, as well as either eliminating or minimizing potentially negative environmental effects from implementing the OPD, provided preventive action is taken and environmental optimality and its implementation at locations of individual projects is monitored. Taking into account a strategy of sustainable development, the effects of the OPT are specified in economic, social and environmental issues and their potential environmental impact and human health impact are assessed in the case of OPT implementation. 5. Proposed monitoring Environmental monitoring includes regular observation of the effects from various stages of preparation, implementation and operation of selected elements in the environment at specific locations, where the role of analyzing the outcome of monitoring is to assess the impact from subsequently drawn conclusions and taking action to eliminate those impacts that will be unfavorable. The success of these steps and the objectivity of outcomes depends on the choice of observed environmental effects, components and parameters and the choice of locations for observing them. Monitoring and assessment of the OPD’s environmental impact currently consists of systematic monitoring and assessment of effects from implementing the operational programme on selected environmental components. Assessment also includes technical comparisons of expected effects with actual conditions. Monitoring takes place at two main levels, at the level of the operational programme as a whole and segregated at the level of individual projects.

Monitoring the OPT’s environmental impact at the level of the operational programme as a whole The project monitoring is based on general binding rules (specified in the Final Opinion of the Ministry of Environment regarding the OPT), which can be summarized as follows:

- Incorporating environmental indicators and also possible indicators for human health into the overall monitoring system for implementation of the operational programme; - Regular publication of outcomes from continuous monitoring during implementation of the operational programme; - Tying a monitoring system to a system of selecting and assessing projects using environmental criteria; - Designing and approving criteria for selecting and assessing projects and the degree of achieving the targets these projects implemented in the OPT so that long-term assessment and synergistic effects of project implementation in compliance with principles of efficiency, including environmental impacts are prioritized; - Regularly assessing progress towards achieving specific targets from the operational programme as a whole and broken down into priority axes; - Preparing and publishing reports from monitoring; - Monitoring at the project level based on measurable indicators from selected environmental components prepared in the Guidebook for Applicants for non-returnable financial contributions; - To compile a set of environmental impact assessment criteria, implementing a system of sustainable development indicators for overall assessment of the impact from implementing the OPT.

Monitoring the OPT’s environmental impact at the level of individual projects The foundation for monitoring environmental impact from the OPD at the level of individual projects will be composed of conditions resulting from final opinions on environmental impact assessment of projects, the “EIA (Environmental Impact Assessment), which is issued by the Ministry of Environment in accordance with Act No. 24/2006 on Environmental Impact Assessment, amending certain legislation, as amended, and on amending certain legislation. Monitoring is thus linked to outcomes from the EIA process, where obligations of the contractor implementing activities (the project) are defined and depend on the nature of the project and its environmental impact. As mentioned earlier, proposed monitoring of environmental impacts including the human health impact from individually proposed activities / projects from changes to the strategic document will be specifically addressed at the level or as part of individual projects in the EIA process.

6. Statement summarizing how environmental considerations were incorporated into the strategic document, how the assessment report of the strategic document was taken into account, how public opinion of the assessment report of the strategic document was taken into account, outcomes from consultations, reasons behind selection of the approved strategic document compared to other environment friendly options and information about measures decided in relation to monitoring.

Environmental aspect in the strategy document The entire “Revision of the Operational Programme Transport 2007 - 2013 in relation to the lack of progress in implementation” was based on the concept of “greening” of transport systems. Environmental aspects had been incorporated into the underlying analysis prepared for purposes of determining the strategy of the strategic document, and took a significant position in inputs to the SWOT analysis, based on which a strategy was formulated, including targets for the OPT 2007 - 2013. The quotes below are cited from parts of the OPD’s dedicated strategy: “In connection with increasing transport demands from the population and the growth of private transport, it is necessary to take fundamental action to encourage development of environmentally

20 friendly modes of transport. It is just for this reason that the strategy defines activities related to development of public transport - train, tram and trolleybus transport (both infrastructure and upgrading of rolling stock) in order to increase its quantitative and qualitative parameters and to be able to compete with both road and private automobile transport. At the same time, the strategy aims to promote public transport (tram and trolleybus transport) and incorporate it into integrated transport systems with the objective of reinforcing environmentally friendly modes of transport and to create an attractive and sustainable transport alternative in cities to complete with private automobile transport. Similarly, the baselines below are presented in the reasoning behind the priority axes to be considered:

Priority Axis 3 The increase in international transport especially of heavy trucks in recent years, together with an uncompleted network of superior railway and road transport infrastructure and of intermodal transport in Slovakia is creating an enormous burden on roads. In accordance with the principles of sustainable mobility, it is necessary in addition to regulatory action to create conditions for development of environmentally friendly transport systems, to which both rail freight and intermodal transport definitely belong. In accordance with the White Paper (European Transport Policy for 2010) and the Transport Policy of the Slovak Republic for 2015, measures have been proposed to eliminate traffic congestion, particularly by changing modal split in favor of more environmentally friendly modes of transport.

Priority Axis 4 The priority axis’s strategy is particularly focused on integration of public rail transport, promoting it the support and preference within integrated transport systems in Slovakia’s two largest cities: Bratislava and Košice, coordinating it with city, regional and supra-regional (and in the case of Bratislava also cross-border) public rail transport. Implementing the priority axis in connection with Priority Axis 6 will create conditions for increasing the share of environmentally friendly public rail transport as well as the city transport system. These integrated systems will be composed of railway track infrastructure based on a transport system that will be linked to other transport modes (such as urban transport) and including private car transport (P&R parking areas). Construction of systems combining tram and rail transport (tram-train) will be encouraged with the aim of brining rail transport closer to road sources and destinations. This forms a prerequisite also for incorporating public bus transport into integrated transport systems, where bus links will complement the bearing rail transport and will fulfill the function of overall territory services while being connected to the bearing rail network. In addition to the introduction of integrated transport systems, the focus will be also to attract pubic transport through modernization and construction of transport infrastructure and upgrading rolling stock for an ecologically friendly suburban and regional passenger railway transport and urban public transport (tram and trolleybus transport) in order to improve their quality parameters, thus reinforcing public transport’s competitiveness compared to private car transport. Main environmental aspects and benefits of the projects to be implemented: Consideration of the assessment report for the strategic document As mentioned earlier, given the well-prepared analysis and strategy of the operational programme, the appropriate inclusion of projects in revised priority axes 3 and 4, which prejudged to a great degree that the assessment report did not identify any significant environmental impact. Therefore, it will be sufficient to incorporate findings from assessment of the strategic document with nationwide reach into the applicable chapter of the revision to the OPT.

Consideration of public opinion regarding the assessment report for the strategic document As part of the strategic environmental assessment (SEA), no member of the interest public expressed any interest in revising the OPT strategic document even though both the Contracting Authority for the document and the departmental body in the MTCRD had created space under the Act for the public to participate in the SEA process. This is documented in Section III.1 of this opinion. Outcome from consultations In the entire strategic environmental assessment (SEA), no government authorities or the public who could have had an interest in approving the revision to the OPT exercised the option to consult, and no interest was expressed by any of the affected communities or interested public (NGO) even though the competent authority (MTCRD) had created room for consultation in accordance with the Act (§ 63). Reasons for selecting the approved strategic document compared with other environmentally friendly options The scope of the assessment indicates that the assessment report was prepared for the proposed alternative and a do nothing option. Based on assessment and comparison of both options, the entity preparing the assessment report chose as optimal the proposed alternative allowing resources allocated for the 2007 - 2013 OPT to be used much more effectively than in the do nothing option, where the revision of the OPD would not be prepared and implemented. Selecting this option also confirmed developments in the situation with main projects under Priority Axis 4, where it was decided from assessment of the feasibility study definitely not to implement the Bratislava predmestie - Bratislava filiálka project in the 2007 - 2013 programming period. Measures decided in relation to monitoring Revision of the OPD covers only newly proposed projects and those not yet under monitoring control as the strategy document is still in the approval stage. Details of proposed monitoring can be found in Chapter 5 of Part VI, Conclusion. Measures proposed by the assessment report are shown in Chapter 3 of Part VI, Conclusion. Findings of this opinion.

7. Information for the approving authority about the interested public to assess the impact of strategic documents As part of the strategic environmental assessment (SEA), no member of the interest public expressed any interest in revising the OPT strategic document even though both the Contracting Authority for the document and the departmental body in the MTCRD had created space under the Act for the public to participate in the SEA process. This is documented in Section III.1 of this opinion.

VII. CONFIRMATION OF THE CORRECTNESS OF INFORMATION

1. Opinion of the person preparing the information Ministry of Environment Environmental Assessment Division Ing. Milan Luciak

2. Confirmation of the correctness of information RNDr. Gabriel Nižňanský Director, Environmental Assessment Division Ministry of Environment

3. Place and date opinion issued Bratislava, 22 November 2012

Abbreviations

BSGR Bratislava Self-Governing Region BIT Bratislava Integrated Transport ERDF European Regional Development Fund ESF European Social Funds EIA Environmental Impact Assessment EU European Union ITS integrated transport systems

ITSK Integrated Transport System Košice OPT Operational Programme Transport MA OPT Managing Authority for the Operational Programme Transport MTCRD Ministry of Transport, Construction and Regional Development of the Slovak Republic NGO non-government organization SG standard gauge CTS City Transport System NPC non-returnable financial contribution NSGR Nitra Self-Governing Region NSRF National Strategic Reference Framework PA Priority Axis BCS border crossing station SEA strategic environmental assessment SNC State Nature Conservancy BG broad gauge TSGR Trnava Self-Governing Region SCI sites of community importance TSES territorial system of ecological stability ZMOS Association of Towns and Communities of Slovakia