Slovenia signed the Paris Agreement together with all other EU Member States on 22 April 2016. The Paris Agreement was ratified by Slovenia on 17 November 2016 with the Act Ratifying the Paris Agreement¹ which entered into force on 3 December 2016.

As part of the EU’s and its Member States’ commitment to reduce greenhouse gases emissions (“GHG”) by at least 40 % by 2030 as compared to 1990² (by at least 50% and towards 55% as compared to 1990 according to the European Commission's proposal for adopting the European Climate Law³), Slovenia shall reduce its GHG by at least 15 % by 2030 as compared to 2005⁴ and by at least 20% by 2030 as compared to 2005 according to the Integrated national energy and climate plan of the Republic of Slovenia (INECP)⁵.

Notes:

[1] Zakon o ratifikaciji Pariškega sporazuma (MPS), Official Gazette of the Republic of Slovenia no. 16/16, as amended, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7545

[2] EU Regulation 2018/1999 on the Governance of the Energy Union and Climate Action, http://data.europa.eu/eli/reg/2018/1999/oj 

[3] Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the framework for achieving climate neutrality (European Climate Law), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020PC0080  

[4] EU Regulation 2018/842 on binding annual greenhouse gas emission reductions by the Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, https://eur-lex.europa.eu/eli/reg/2018/842/oj  

[5] Celoviti nacionalni energetski in podnebni naÄrt Republike Slovenije (NEPN), https://www.energetika-portal.si/dokumenti/strateski-razvojni-dokumenti/nacionalni-energetski-in-podnebni-nacrt/

The Energy Concept of Slovenia (“ECS”)⁶ is the basic strategic national energy program. According to the Energy Act⁷, the ECS shall determine, on the basis of projections for economic, environmental and social development of Slovenia and on the basis of international commitments, goals for achieving reliable, sustainable and competitive energy supply for the next 20 years, with an outlook to the next 40 years. The Ministry of Infrastructure is preparing the ECS which shall determine Slovenia’s goals in different fields of energy policy until 2030, with an outlook to 2050. This strategic document is of a guidance nature and consequently will not determine individual projects, but will rather lay down directions to be followed until 2030 (with frameworks until 2050). Thereby, the ECS shall determine the baseline for future decisions in respect of provision of reliable energy supply in a sustainable and competitive way.

On 27 February 2020, the government adopted the Integrated National Energy and Climate Plan (“INECP”)⁸ which was also submitted to the European Commission, according to the EU Regulation 2018/1999 on the Governance of the Energy Union and Climate Action. The INECP determines goals, policies and measures for the period until 2030 (with an outlook to 2040) on all five dimensions of the Energy Union: energy security, the internal energy market, energy efficiency, decarbonization, and research, innovation and competitiveness.

INECP foresees that by 2030 the total GHG emissions shall decrease by a total of 36% as compared to 2005 (and 40% as compared to 1990), whereas emissions in non-ETS shall represent 20%.

On 21 April 2021 the Slovenian Government adopted the Resolution on Slovenia’s Long-term Climate Strategy until 2030 in which set a goal that Slovenia shall become climate-neutral (i.e. an economy with net-zero greenhouse gas emissions) by 2050.

Notes:

[6] Energetski koncept Slovenije (EKS), https://www.energetika-portal.si/dokumenti/strateski-razvojni-dokumenti/energetski-koncept-slovenije/

[7] Energetski zakon (EZ-1), Offical Gazette of the Republic of Slovenia no. 17/14, as amended, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6665

[8] Celoviti nacionalni energetski in podnebni naÄrt Republike Slovenije, https://www.energetika-portal.si/dokumenti/strateski-razvojni-dokumenti/nacionalni-energetski-in-podnebni-nacrt/ 

A decrease in the usage of fossil fuels and decrease of dependence on imports of fossil fuels is cited as one of the main objectives of INECP and at the same time as one of the biggest challenges for Slovenian energy and climate policy.

At the moment Slovenian legislation does not expressly prohibit or limit the use of fossil fuels.

Currently, Slovenia imposes an environmental tax on pollution caused by carbon dioxide emissions⁹ and imposes an excise tax on fossil fuels¹⁰. The INECP foresees that the environmental tax on pollution caused by carbon dioxide emissions shall be gradually increased and will thereby discourage the use of fossil fuels.

INECP also foresees a progressive reduction of subsidies for fossil fuels and their abandonment. Further, the INECP determines objectives to lower and abandon the use of coal by 2030 by 30%. According to the INECP, by 2021 Slovenia should also adopt a strategy for abandonment of coal usage in Slovenia and closure of nuclear energy plant Krško. So far such a strategy has not been prepared.

Notes:

[9] Decree on the environmental tax on pollution caused by carbon dioxide emissions / Uredba o okoljski dajatvi za onesnaževanje zraka z emisijo ogljikovega dioksida, Official Gazette of the Republic of Slovenia no. 48/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED7380

[10] Excise Duty Act/ Zakon o trošarinah, Official Gazette of the Republic of Slovenia no. 47/16), http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7128

The main piece of climate change legislation is the Environmental Protection Act¹¹. The act determines protection of the environment from pollution as the key condition for sustainable development and thereby determines fundamental principles of environment protection, measures for environment protection, monitoring of environment and environmental information, economic and financial instruments of environment protection, environment protection public services and other issues related to environment protection. On the basis of the Environmental Protection Act, extensive amount of secondary legislation was passed which further regulates environment protection and climate change regulation.

The Ministry of the Environment and Spatial Planning has prepared a draft of the Law on Climate Policy of Slovenia¹² which foresees that Slovenia shall adopt a long-term climate strategy that would determine the objectives of climate policies in respect of individual sectors. However, the law and the strategy have not been adopted so far.

Notes:

[11] Zakon o varstvu okolja (ZVO-1), Offcial Gazette of the Republic of Slovenia no. 41/04, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1545

[12] Zakon o podnebni politiki Slovenije, https://e-uprava.gov.si/drzava-in-druzba/e-demokracija/predlogi-predpisov/predlog-predpisa.html?id=10650

The Environmental Protection Act has implemented the EU Emissions Trading System ("ETS") in Slovenia. The Decree on Types of Installations, Activities and Greenhouse Gases¹³ determines the activities and installations for which a greenhouse gas emissions permit is required.  Holders of permits shall be entered into a register kept by the Ministry of the Environment and Spatial Planning and shall be given out coupons with emission rights. Coupons that are not handed out shall be sold at auction. Thereafter, all coupons may be freely traded on the market.

ETS includes 49 installation operators, i.e., all thermal power plants, steel plants, and producers of steel, glass, ceramic, cement, lime, paper and similar. In 2018 the installation operators were handed out 1,731,707 emission rights and they handed over 6,491,912 emission rights.

Notes:

[13] Uredba o vrstah naprav, dejavnostih in toplogrednih plinih, http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED8201

Slovenia imposes an environmental tax on pollution caused by carbon dioxide emissions¹⁴ which currently amounts to EUR 17.30 per ton of CO2. The INECP foresees that the tax shall be gradually increased and will thereby discourage the use of fossil fuels.

Similarly, Slovenian legislation also imposes an environmental tax for pollution of the environment caused by the use of lubricating oils and fluids and the so-called vehicle tax which is imposed upon first registration of a vehicle in Slovenia. Finally, Slovenia also imposes an excise tax on fossil fuels.

Notes:

[14] Decree on the environmental tax on pollution caused by carbon dioxide emissions / Uredba o okoljski dajatvi za onesnaževanje zraka z emisijo ogljikovega dioksida, Official Gazette of the Republic of Slovenia no. 48/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED7380

The Environmental Protection Act¹⁵ states that the injection and storage of carbon dioxide streams (geological storage of carbon dioxide) is prohibited in the territory of the Republic of Slovenia and in its continental shelf.

The Mining Act¹⁶ also states that exploration permits and mining rights for exploitation for the purpose of injecting and storing carbon dioxide cannot be obtained.

Notes:

[15] Zakon o varstvu okolja (ZVO-1), Official Gazette of the Republic of Slovenia no. 41/04, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1545

[16] Zakon o rudarstvu (ZRud-1), http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5706

According to the Energy Act, the government adopted the Rules on Support for Electricity Generated From Renewable Energy Sources and From High-Efficiency Cogeneration¹⁷. The rules regulate the support scheme for energy production from renewable energy sources (RES) and high efficiency combined heat and power production (CHP). If the cost of power production exceeds the price of power that can be achieved for such power on the market, the producer may be granted financial support in the amount of the difference between the production costs and achieved market price. Support is provided in form of (i) ensured buy of produced electric power supplied to the public network for production facilities with nameplate capacity under 500kW, and (ii) financial support for all other producers. Support may be granted to RES installations which nameplate capacity does not exceed 10 MW, or 50 NW in case of wind power, and high-efficiency CHP which nameplate capacity does not exceed 20 MW.

The Energy Agency is obliged to carry out annual public tenders through which the investors may enter the support scheme. The tenders are carried out by the Energy Agency in a two-phase competitive procedure, according to the financial resources defined in the Energy Balance Sheets of the Republic of Slovenia.

When determining the types of financial incentives for energy efficiency, district heating and the use of renewable energy sources in buildings, the Energy Efficiency Act¹⁸ refers to the Rules on Financial Incentives for Energy Efficiency, District Heating and the Use of Renewable Energy Sources¹⁹. Financial incentives are granted as state aid in accordance with Regulation (EU) 651/2014, as "de minimis" aid in accordance with Regulation (EU) 1407/2013 and as other financial incentives.

According to the forecast provided in the 2020 balance sheet, the following resources shall be available in the next years: 2021: EUR 170 mio; 2022: EUR 180 mio and 2023: EUR 200 mio.

Notes:

[17] Uredba o podporah elektriki, proizvedeni iz obnovljivih virov energije in v soproizvodnji toplote in elektrike z visokim izkoristkom, Official Gazette of the Republic of Slovenia no. 74/16, http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED6606

[18] Zakon o uÄinkoviti rabi energije (ZURE), http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO8136

[19] Pravilnik o finanÄnih spodbudah za energetsko uÄinkovitost, daljinsko ogrevanje in rabo obnovljivih virov energije, http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV12479

On 21 October 2020, the Energy Efficiency Act²⁰ was adopted and included in the Energy Act, by which Slovenia implemented a number of European directives into its legal order, including Directive 2012/27/EU on energy efficiency. This law sets out measures to promote energy efficiency, with the aim of reducing energy use and increasing energy efficiency. The state ensures the promotion of energy efficiency measures through education, information and public awareness programs, energy consulting, promotion of energy audits, drafting regulations, financial incentives, demonstration projects and other support programs, which are detailed in long-term energy policy planning documents, action plans, strategies and programs.

The Slovenian Environmental Public Fund (i.e. the Eco Fund), established by the Environmental Protection Act, provides loans under favorable conditions as well as grants for different energy efficiency measures and use of renewable energy. Funds for the implementation of the Eco Fund program are provided through a contribution for energy efficiency, which is paid for district heat, electricity, as well as solid, liquid and gaseous fuels. The contribution must be paid by each final customer of electricity and natural gas from the network to the operator, and each final customer of heat from the network and solid, liquid and other gaseous fuels to the energy supplier.

The government has committed to adopting a long-term strategy to renovate the national fond of existing public and private residential and non-residential buildings into a highly energy efficient and decarbonised building fund by 2050, which promotes cost-effective conversion of existing buildings into near-zero energy buildings. The annual target is the renovation of 3% of the total net floor area for buildings owned or used by the public sector.

Slovenia also adopted the Energy Efficiency Action Plan for the period between 2017 and 2020 (“AN URE”)²¹ which has so far not been updated. The main objective of AN URE is to reduce the consumption of primary energy to 7.125 Mtoe in 2020, which means that the consumption shall not increase for more than 2% as compared to 2012. Similarly, INECP adopted in 2020 foresees that by 2030 (i) the efficient use of energy shall increase by at least 35 % (as compared to 2007 scenario), (ii) the energy end-use shall not exceed 54.9 TWh (4,717 ktoe) and (iii) the energy end-use in buildings shall be reduced by 20% by 2030 relative to 2005.

Some of the main measures for improving the energy efficiency of the building sector under AN URE, INECP, Operational program for limiting greenhouse gas emissions until 2020 (“OP TGP 2020”)²² and Operational program for the implementation of European cohesion policy for the 2014−2020 period (“OP EKP”)²³ are the following:

• changes and amendments to the Slovenian legislation on the energy performance of buildings;
• energy contracting (energetsko pogodbeništvo);
• energy labelling and minimal standards for products and facilities;
• encouraging the optimisation of energy systems performance (for public buildings);
• comprehensive monitoring of energy renovation of buildings;
• renovation of cultural heritage buildings and other special groups of buildings;
• increase of renewable energy sources in centralized and decentralized heating systems;
• production of sustainable criteria for buildings; and
• quality assurance scheme for energy reviews/audits.
• As regards the energy efficiency in household buildings, also the following measures should be considered:
• financial incentives for energy efficiency and use of RES in residential buildings;
• aid scheme for energy efficiency in households for vulnerable population groups;
• energy advisory network for residents (ENSVET);
• instruments for financing renovation in co-owned buildings;
• the legal basis for decision making in multi-apartment buildings;
• distribution of incentives among owners and tenants in multi-apartment buildings;
• division and billing of heating costs in multi-apartment and other buildings according to actual consumption;
• new programme of measures for efficient energy consumption in households to reduce energy poverty; and
• establishment of new guarantee schemes.

Notes:

[20] Zakon o uÄinkoviti rabi energije (ZURE), http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO8136

[21] Akcijski naÄrt za energetsko uÄinkovitost za obdobje 2017–2020, https://www.energetika-portal.si/fileadmin/dokumenti/publikacije/an_ure/an_ure_2017-2020-jo.pdf

[22] Operativni program zmanjševanja emisij toplogrednih plinov do leta 2020, https://www.gov.si/assets/ministrstva/MOP/Dokumenti/Podnebne-spremembe/optgp2020.pdf

[23] Operativni program za izvajanje evropske kohezijske politike v obdobju 2014−2020, http://www.eu-skladi.si/sl/dokumenti/kljucni-dokumenti/op_slo_web.pdf

The national transport policy is defined in AN URE, OP TGP 2020, OP EKP, Strategy for the Development of Transport in the Republic of Slovenia²⁴ and Resolution on the National Programme for the Development of Transport of the Republic of Slovenia until 2030²⁵. 

Activities in this sector focus on implementing sustainable low carbon technologies, sustainable transportation and ensuring equal or better life quality with fewer kilometers travelled.

Some of the main measures to be taken in this regard are the following:

• promoting sustainable transportation in general (e.g. integrated transport strategy (ITS) of municipalities, incentives for using modern technologies for efficient mobility management, promoting sustainable mobility measures / targeted public information and awareness-raising, examining the options for progressive reduction of environmentally harmful incentives, sustainable mobility in the context of spatial planning, etc.);
• promoting public transport (e.g. transport subsidies in public transport, concessions for the performance of public service for passenger transport services, a system of integrated public transport, incentives for the creation of infrastructures for public transport, etc.);
• promoting of sustainable freight transport (e.g. financial incentives, improving the efficiency of road freight transport, etc.);
• promoting improvements in vehicle efficiency, efficient driving and vehicle occupancy, and fuel consumption with low CO2 emissions (e.g. promoting the efficiency of vehicles and the use of fuels with low emissions within the motor vehicle tax and other duties, information on the fuel consumption of vehicles and tyre labelling, promoting energy-efficient driving, green public procurement, etc.)
• promoting non-motorised transport modes (e.g. promoting construction of new cycling infrastructure, promoting construction of new infrastructure for pedestrians, etc.); and
• providing funds for the development of railway transport.

Notes:

[24] Strategija razvoja prometa v Republiki Sloveniji, https://www.gov.si/assets/ministrstva/MzI/Dokumenti/Strategija-razvoja-prometa-v-Republiki-Sloveniji-do-leta-2030.pdf  

[25] Resolution on the National Programme for the Development of Transport of the Republic of Slovenia until 2030 / Resolucija o nacionalnem programu razvoja prometa v Republiki Sloveniji za obdobje do leta 2030, Official Gazette of the Republic of Slovenia no. 75/16, http://www.pisrs.si/Pis.web/pregledPredpisa?id=RESO115

Main national measures to improve energy efficiency in industry (as defined in AN URE, OP TGP 2020, OP EKP and in the updated National Renewable Energy Action Plan 2010–2020 (“AN OVE”))²⁶) encompass especially the following measures:

• introduction of energy management systems (educational activities for employees, introduction of ISO 50001 standard, IT support, etc.);
• energy audits in small and medium-sized firms;
• an increase in efficiency of the energy use (installation of more energy efficient technologies);
• reduction of use of heat and recovery of RES and waste heat;
• increase of volume of production into high-efficiency cogeneration of heat and power production and energy production from RES;
• financial incentives in the form of grants and reimbursable grants to raise efficiency and RES use in industry and for demonstration projects; and
• development and production of new sustainable products and services (new energy-efficient technological solutions, IT support, new technologies to exploit RES, etc.).

Notes:

[26] Nacionalni akcijski naÄrt za obnovljive vire energije (AN-OVE) za obdobje 2010-2020, (posodobitev), https://www.energetika-portal.si/fileadmin/dokumenti/publikacije/an_ove/posodobitev_2017/an_ove_2010-2020_posod-2017.pdf

Agricultural lands present one of the most important natural resources and occupying 33% of the land in Slovenia. Thus, most goals in this area focus on measures for the reduction of GHG emissions in the environment and of the exploitation of natural resources. Main measures (as defined in OP TGP 2020 and in Rural Development Programme for the period 2014–2020 (“RDP”)²⁷ include:

• support for investments in agricultural holdings;
• support for investments in processing/marketing and/or development of agricultural products;
• support for investments in the creation and development of non-agricultural activities;
• support for investments in forestry technologies and in processing, mobilizing, and marketing of forest products;
• incentives for implementation of above-standard farming methods reducing methane and nitrous oxide emissions;
• implementation of the joint main program for beef breeds and small ruminants; and
• upgrade of the agriculture policy and other measures for adapting agriculture to climate changes.
• As regards Land Use, Land Use Change and Forestry (“LULUCF”), one of the objectives to be followed by Slovenia by 2030 (as well as by the other Member States) is not to produce any net emissions or that emissions do not exceed the sinks. Measures taken in this regard include especially the following:
• upgrade and implementation of the forest inventory;
• forest management plans;
• state initiatives for forest owners for forest care and protection;
• educational activities and workshops for forest owners;
• upgrade of measures to sectoral policies;
• development of methodology for monitoring of sinks; and
• resolution “Our Food, Rural and Natural Resources after 2021.”

Notes:

[27] Program razvoja podeželja Republike Slovenije za obdobje 2014–2020, https://www.program-podezelja.si/images/SPLETNA_STRAN_PRP_NOVA/1_PRP_2014-2020/1_1_Kaj_je_program_razvoja_pode%C5%BEelja/9._sprememba/9._sprememba_PRP_2014-2020_potrjen_11_1_sl.pdf

AN OVE and other adopted programming / strategic documents foresee especially the following measures to improve the energy efficiency in the electricity production area:

• support scheme for electricity generated from RES and high-efficiency cogeneration of heat and electricity;
• guarantees of origin;
• promoting self-handling of electricity from RES;
• investment subsidies to promote the generation of electricity from RES;
• construction of planned large hydropower plants (“HPP”);
• protection from noise from the operation of wind turbines;
• planning the development of distribution and transmission networks;
• technical measures and procedures for connecting small units to the network
• tariffs for connection to the network; and
• promoting RES in local energy concepts.

Potential involvement of banks and Slovenian Environmental Public Fund (“Eco Fund”) in energy contracting (energetsko pogodbeništvo) and in the financing of measures for energy performance of buildings.

Eco Fund was established as a non-profit, joint-stock company with the main purpose to provide financial supports to legal entities (including municipalities) or individuals (households) for various environmental projects whereby such financial assistance is offered mainly through soft loans from revolving funds and through grants.

There are many cases (in particular before the Administrative Court), pertaining to, for instance, imposition of / exemption from the environmental tax and emissions trading scheme, but no specific and prominent national climate change litigation case. However, note that judgments of first instance courts in Slovenia are not publicly available; therefore, we might not be aware of relevant cases (if any such exist).

Apart from policies, measures and legislation presented in the answers above (and which provide a rather comprehensive summary of the Slovenian climate-related regulations), some additional measures are related also to waste management; in particular, the Slovenian program of waste management and waste prevention program seem relevant in this regard.

Finally, the European Commission has just recently proposed the European Climate Law alongside with proposed legally binding target of net-zero greenhouse gas emissions by 2050 and which is likely to affect future national policies and measures to meet this target.