The purpose of the draft amendments is to help develop algae and shellfish farming in the Baltic Sea.
The bill provides for the exemption of algae and shellfish cultivation from paying the building fee during the development period. The current building code considers the building fee as a fee paid for the use of state land or water area, the purpose of which is to compensate for the use of public property for private purposes. In practice, this principle applies equally to all public water bodies facilities, whether it is a port, an energy object, a floating pier or aquaculture that restores the environment. This one-size-fits-all approach taxes all marine activities in the same way, even though their environmental impact and purpose are very different.
Regenerative aquaculture removes excess nutrients, improves the condition of the marine ecosystem and restores valuable marine habitats. The current building fee regulation does not provide for a distinction between the natural environment to recovery-related activities.
The purpose of the amendment is to eliminate the situation where the activities necessary to fulfill the country's environmental and EU goals are systematically economically unprofitable in the development phase.
The explanatory note states that the economic profit potential of regenerative aquaculture is low due to the peculiarities of the Baltic Sea, but the benefits to nature and the Baltic Sea are great.
Regenerative aquaculture, primarily mussel and macroalgae cultivation, is an internationally recognized nature-based solution and ecosystem service – its main purpose and impact is related to the improvement of the marine environment, rather than conventional profit-based land use aimed at the mere production of private income.
The bill amends § 1 subsection 5 footnote 1 of the Waste Act and adds a restriction to the application of § 12 of the Public Procurement Act also to the ordering of the recycling and disposal of waste covered by organized waste transport and the recycling and disposal of waste collected by order of a local government unit. The purpose of the change is to give the private sector more investment confidence in waste management, improve competition and service quality. According to the draft, the new requirement will enter into force on January 1, 2031, so that the local government unit will have enough time to consider the new requirement. In the event that the open or limited procurement procedure has ended due to a lack of tenders, the provisions of the Public Procurement Act provide for the possibility of an internal transaction, i.e. the use of a negotiated procurement procedure without announcement.
The law is being amended to encourage the construction of wind and solar farms on former and current shale or peat mines, i.e. areas that have already been granted a mining permit. This would reduce the time spent on bureaucracy in setting up wind farms.
Compared to the construction of renewable energy parks on new areas, the reuse of mined areas has a smaller impact on nature.
The production of renewable energy in mining areas invigorates the local economy and entrepreneurship.
Before building a renewable energy park, the mined area must be cleaned up. If a mining permit is valid in the area, the construction of the park can already be started during the remedial works.
With the law, we adopt the provisions of the EU Renewable Energy Directive on the diverse use of mined land and the restoration of biodiversity.
According to the bill, the process of organizing mining areas will be simplified and accelerated. Mountain allotments of up to 15 hectares and up to 150 when tidying up hectare-sized peat production areas, it is no longer necessary to draw up a tidying up project, and work can be done based on tidying up conditions. This significantly reduces the administrative burden on companies.
The bill brings the law into line with the corresponding EU regulation on batteries and accumulators and their waste.
The bill helps to reduce the CO2 footprint of batteries and accumulators, supports the circular economy and promotes sustainable and innovative solutions for energy storage.
Battery and battery manufacturers must improve their battery and waste collection systems and invest more in information work, i.e. promote collection points for old batteries and batteries return. Manufacturers of batteries for electric vehicles, industrial and light transport vehicles are obliged to join the manufacturers' association.
The purpose of the bill is to ensure equal grounds for environmental impact assessment in situations where the technical parameters (height and power) of onshore wind turbines have reached the level of offshore wind turbines. The current regulation of the impact area (up to 3 km) does not reflect the real environmental impact and creates inequality in the treatment of local residents. Therefore, it is justified to establish an equal influence area of 20 km for all wind turbines of 250 meters and above, regardless of their location on land or at sea.
The bill amends the Radiation Act, the Administrative Cooperation Act, the Act on the General Part of the Environmental Code and the State Fees Act, adding the option to limit radiation activities with a very low risk to activity registration instead of a radiation activity permit. This change simplifies the regulatory approach and reduces the administrative burden and state fee.
The new provisions also specify the requirements for the appointment of a radiation safety specialist according to the degree of danger. In the Radiation Act the recognition of radiation activity permits issued in the European Economic Area is clarified and changes are made based on the IAEA's recommendations regarding the radiation safety framework.
The purpose of the bill is to provide legal clarity regarding the target value of noise in AÕKS and eliminate problems in its implementation in practice.
The draft stipulates an eight-year transitional period for the fees for granting the use of state-owned real estate for mining, in order to apply the taxation prices resulting from the change in land tax in the context of determining the fees for granting the use of state-owned land for the mining of mineral resources.
During the transition period, the fee for granting the use of state-owned immovable property for mining will increase annually by up to 50 percent compared to the current fee, until new fee rates are reached in line with the new taxation rates of the land. The purpose of the law is to enable producers to gradually adapt to the increased taxation prices and, including, to ease the price pressure on consumers.
As a result of the amendment to the Subsoil Act, which was already adopted and will come into effect on January 1, 2024, the annual fee rate for the grant of three percent of the land's tax price is to be used for the mining of immovable property belonging to the state.
The bill brings the law into line with the relevant EU regulation.
The purpose of the regulation is to ensure greater transparency and to give citizens and researchers access to all information related to food safety that the company has submitted during the risk assessment process, except for information that is considered a trade secret.
In order to improve transparency, all the regulations and directives of the European Union concerning food, feed and genetically modified organisms were revised and harmonized in the regulation data treated as business secrets. In the past, various legislations listed information that may or may not be a trade secret. The regulation amends the above-mentioned legislation, and henceforth all legislation related to food or genetically modified organisms (GMOs) will list only the information that can be considered as a trade secret.
The current law lists information that cannot be considered a trade secret. The amendment establishes a list of data that can be considered a trade secret. In other words, the amount of information that can be considered a trade secret becomes much narrower and more limited. This increases transparency, as all information that is not considered a trade secret is available to the public. The law also adds a requirement that, if there are international standard data formats, then the data must be submitted in such data formats in the application. This simplifies the comparison of different data and thus reduces the number of requests assessment time. It also reduces the need to request additional information from applicants.
According to the bill, the Riigikogu's decision of April 5, 2017 "Basic principles of climate policy until 2050" will be amended, which stipulate that by 2050 Estonia will be a climate-neutral country with a competitive, knowledge-based society and economy, with a high-quality and species-rich living environment and the willingness and ability to reduce the adverse effects caused by climate change and make the best use of the positive effects. Also sees the change stated that Estonia's long-term goal is to balance greenhouse gas emissions and sequestration by 2050 at the latest and to reduce net greenhouse gas emissions to zero by then.
The explanatory letter states that the fundamentals were agreed upon in the long-term vision of Estonian climate policy, sectoral and economy-wide policy directions, which set a clear path to the year 2050 for mitigating climate change, i.e. greenhouse gas emissions to reduce and also to adapt to the effects of climate change. Interim changes in the climate policy and its goals both in the EU and in Estonia have caused a contradiction with the basic principles of the current climate policy. The purpose of the bill is to bring the fundamentals into line with the goals of the climate policy agreed in the EU.
The valid text of the fundamentals states that Estonia's long-term goal is to reduce greenhouse gas emissions by nearly 80 percent by 2050 compared to 1990 emission levels. Today, the EU and Estonia have taken steps to achieve a climate-neutral EU by 2050.
The Objective 55 climate package has a wide-ranging impact on the competitiveness of Estonian business, consumers, home owners and employees. It is therefore important that there is clarity about the real effects of this package.
Considering the decidedly large impact of the package, it is important that it is at the level of the statement of the Riigikogu that the political approach is given, based on which principles the Republic of Estonia will consider its positions regarding the said proposal in the negotiations. Mandating government positions at EU affairs committee level is not enough.
In the draft of the statement, the need for an impact analysis has been emphasized in terms of Estonian national interests, and preliminary positions have been put forward that, in the opinion of the initiators, support our national interests when dealing with this issue.
The bill updates the procedure for handling environmental information in state databases.
The bill repeals the Environmental Register Act (KeRS). The new procedure corresponds to how environmental information is actually collected, including distinguishing the information systems previously referred to as sub-information systems of the environmental register as independent data collections. The majority of the existing lists and data of the environmental register are currently and have been consolidated in the draft into the Estonian nature information system (ADVANTAGE). Separate data sets or technologically independent information systems have been created in the meantime for several data sets that have been considered as a list of the environmental register. The draft stipulates the obligation to create a single information technology access point (online environment) for accessing and interfacing data sets containing environmental information, to the extent that it is possible in terms of information technology and economically expedient.
The bill will be supplemented the Act on the General Part of the Environmental Code, the Atmospheric Air Protection Act, the Waste Act, the Industrial Emissions Act and the Water Act with provisions on the application and processing of relevant registration and the issuance of a registration certificate in the environmental decision information system KOTKAS.
Amendments to the Forest Act set access restrictions on private forest land entered in the forest register to such data that allow assessment of the property and economic status of the individual forest owner and which, in the case of natural persons, together with the data enabling identification of the person, are considered personal data. The Forest Act is also supplemented by the national forest inventory (SMI) regulation.
The bill amends the law on the general part of the Environmental Code and 11 other laws.
In accordance with § 56 (11) of the Environmental Fees Act, four members of the Supervisory Board of the Foundation Environmental Investment Center (SA KIK) are appointed by a decision of the Riigikogu on the proposal of the Environmental Committee. The Environment Committee has decided to make a proposal to the full assembly of the Riigikogu to recall Merry Aart and Priit Sibul from the SA KIK council and to appoint Riigikogu members Annely Akkermann and Martin Repinski as new members to the SA KIK council.
In accordance with Section 49 (3) of the Forest Act, the Council of the State Forest Management Center (RMK) has nine members, including two members appointed by the Riigikogu decision. Pursuant to § 49 (5) of the same law, the Riigikogu appoints the members of the Council by its decision on the proposal of the Environment Committee. The Environment Committee has decided to make a proposal to the full assembly of the Riigikogu to recall Andres Metsoja from the Council of RMK and to appoint Member of the Riigikogu Yoko Alender to the Council of RMK.
The convention and protocol create an international system for compensation for marine pollution damages caused by the shipping of dangerous and harmful substances. Estonia plans to join it. The convention has not yet entered into force internationally, and joining the protocol also means joining the convention.
The Convention obliges the registered owner of a ship registered in a State Party to take out adequate insurance or other financial security to cover the applicable according to the rates, possible pollution damage caused by dangerous or harmful substances.
The convention also establishes a fund (HNS fund), the purpose of which is to compensate the damage exceeding the limits of the insurance of the registered owner of a ship carrying dangerous and harmful substances. The means for compensating the damage are formed from contributions to the HNS fund. Companies receiving harmful and dangerous substances by sea provided for in the Convention have an additional reporting obligation and making contributions to the fund based on the relevant decision of the fund's assembly and the invoice submitted by the fund. Contributions to the HNS fund are made by persons who received taxable cargo in the country during the previous calendar year. The HNS Convention obliges the ship owner to have insurance or additional financial security and a certificate confirming this.
Most of the countries of the European Union are planning to join the HNS Convention, but the countries have difficulties regarding HNS ensuring reporting.
The bill updates the procedure for handling environmental information in state databases. In place of the environmental register, an environmental portal will be created that aggregates environmental data, in which environmental information stored in different databases will be displayed, and the Estonian nature information system (EELIS) and mineral resources register will be established as independent databases, which until now have functioned as sub-information systems of the environmental register.
A new web page aggregating environmental data, the environmental portal, will be created, which will enable central access to environmental information stored in state databases in the internet environment and provides a causally and spatially linked overview of the state of the environment. Ensuring access to different databases through one website does not mean creating an independent database, but an information technology solution that facilitates the use of data. The environmental portal becomes the one and only gateway to all public data in the governance area.
As an independent database the purpose of the established EELIS is to systematically collect and ensure the public availability of data on spatial objects related to the environment. EELIS data is published on the environmental portal. Since the existing EELIS solution is technically outdated, the development of a new EELIS has also been started in parallel with the law.
The process of organizing data collections containing environmental information has been going on for a long time. Among other things, environmental monitoring has been established the KESE database, the environmental permit information system KOTKAS, and the scientific and recreational fishing database TEHA, which contains fishing permits and data. Since the previous environmental register will be replaced by a website, but the majority of the previous lists/data of the environmental register are currently and will continue to be collected in EELIS, the legal basis will be given to EELIS, which until now operated as sub-information systems of the register, and also to the register of mineral resources. Sub-information systems of the environmental register are the original sources of data collected in the environmental register, i.e. data collections according to the Public Information Act.
The impact of the draft is primarily on the work organization of state institutions and the public availability of environmental information. The bill does not plan fundamental changes compared to the current law. The bill updates the procedure for handling environmental information in state databases and declares the Environmental Register Act invalid for the sake of legal clarity and better administration.
The bill changes the requirements and measures related to the collection of waste by type, extended producer responsibility, waste prevention, local government units and state waste plans, and the improvement of waste recycling in order to achieve better results in the preparation and recycling of waste reuse. The wording of liability provisions and penalty rates are also specified.
By December 31, 2023 at the latest, bio-waste must be organized everywhere collection at source or alternatively composting at source. From 2025, local governments (local governments) must organize the separate collection of textile waste in their territory. In the future, it will be possible to make exceptions to the collection of waste by type in the territory of the Municipal Corporation only if certain conditions are met, and these exceptions, along with reasons, will be set by the Municipal Corporation in the waste plan and waste management regulations.
Household waste must be reduced by 2030 disposal to at least 10 percent of the total amount of household waste generated. In addition, new target figures are established for the preparation and recycling of household waste for reuse and for the recycling of packaging waste. From 2025, at least 55 percent of household waste must be prepared for reuse or recycled, after five years already 60 percent, and by 2035 recycling must have increased to 65 percent. With the bill the recycling of packaging waste must reach 65 percent by 2025 and 70 percent by 2030. In addition, recycling targets are established for packaging materials by type.
Obligations related to extended producer responsibility are also clarified. For example, the mandatory limit of the auditor's check of the packaging report will be raised in order to direct resources to those packaging companies that release the largest part of the packaging mass on the market, and to reduce resource consumption of small packaging companies. Until now, companies that put more than 5 tons of packaging on the market per year had to pass the audit, but from now on the limit will be 20 tons per year. Those packaging companies whose packaging accounting is in order will have to pass an auditor's inspection only every three years. In the case of producers of problem products and associations of producers, the Environmental Inspectorate may require an audit inspection if necessary.
To be specified the wording of liability provisions and the maximum possible penalty rates for legal entities will be increased. Instead of the previous 32,000 euros, the maximum penalty will be 400,000 euros in the future.
The bill takes over and fulfills the obligations arising from the relevant directives of the EU.
Eelnõuga kehtestatakse Eesti Muusika- ja Teatriakadeemia seadus, millega nähakse ette akadeemia eesmärk, ülesanded, juhtimise ning rahastamise alused. Eelnõu on seotud kõrgharidusseaduse eelnõuga.
Eelnõuga nähakse ette akadeemia vastutusala muusika ja teatrikunsti valdkondades, samuti akadeemia roll muusikaalase üldhariduse ja kutsehariduse edendamisel. Eelnõuga uuendatakse akadeemia juhtimisstruktuuri nähes ette, et akadeemia juhtorganiteks on nõukogu, senat ja rektor. Eelnõu järgi on akadeemias strateegilisi otsuseid tegev ja väliseid liikmeid kaasav seitsmeliikmeline nõukogu, kelle koosseisu määrab viieks aastaks valitsus. Kehtiva ülikooliseaduse regulatsiooni järgi on nõukogu akadeemiline otsustuskogu, kuhu väliseid liikmeid ei kaasata ja ülikoolivälised liikmed kuuluvad kuratooriumi, mille koosseisu määrab valitsus. Eelnõuga nähakse täiendavalt akadeemia juhtorganina ette senat, kes on vastutav õppe- ning teadus- ja arendustegevuse küsimustes. Senatil on õigus anda oma pädevuse piires välja määrusi ja võtta vastu otsuseid. Rektor akadeemia juhtorganina ja senati esimehena vastutab akadeemia põhikirja, arengukava ja eelarve täitmise eest.
Akadeemia tegevust rahastatakse riigieelarvest ja rahastamise aluseid ei muudeta. Võrreldes kehtiva õigusega nähakse eelnõus ette muudatus erakooli või eraõigusliku teadus- ja arendusasutuse asutamise kohta. Kui praegu on selle asutamine võimalik juhul, kui tegemist on sihtasutusega, mille üheks asutajaks on riik, siis eelnõu järgi ei ole akadeemia asutatud eraõiguslikul juriidilisel isikul õigust asutada erakooli või eraõiguslikku teadus- ja arendusasutust.
Seaduse planeeritav jõustumise aeg on 1. september 2019. Uus juhtimismudel rakendub täies ulatuses 1. jaanuarist 2020.
Eelnõuga kehtestatakse Eesti Kunstiakadeemia seadus, millega nähakse ette akadeemia eesmärk, ülesanded, juhtimise ning rahastamise alused. Eelnõu on seotud kõrgharidusseaduse eelnõuga.
Eelnõuga nähakse ette akadeemia vastutusala kunsti, disaini ja arhitektuuri valdkondades, samuti tuuakse välja kõrgkooli ülesanne viljeleda kunsti ja teadust, mille hulka kuulub ka spetsiifiline teadusvorm - loomeuurimus. Eelnõuga uuendatakse akadeemia juhtimisstruktuuri nähes ette, et akadeemia juhtorganiteks on nõukogu, senat ja rektor. Eelnõu järgi on akadeemias strateegilisi otsuseid tegev ja väliseid liikmeid kaasav üheksaliikmeline nõukogu, kelle koosseisu määrab viieks aastaks valitsus. Kehtiva ülikooliseaduse regulatsiooni järgi on nõukogu akadeemiline otsustuskogu, kuhu väliseid liikmeid ei kaasata ja ülikoolivälised liikmed kuuluvad kuratooriumi, mille koosseisu määrab valitsus.
Eelnõuga nähakse täiendavalt akadeemia juhtorganina ette senat, kes on vastutav õppe- ning teadus- ja arendustegevuse küsimustes. Senatil on õigus anda oma pädevuse piires välja määrusi ja võtta vastu otsuseid. Rektor akadeemia juhtorganina ja senati esimehena vastutab akadeemia põhikirja, arengukava ja eelarve täitmise eest.
Akadeemia tegevust rahastatakse riigieelarvest ja rahastamise aluseid ei muudeta. Võrreldes kehtiva õigusega nähakse eelnõus ette muudatus erakooli või eraõigusliku teadus- ja arendusasutuse asutamise kohta. Kui praegu on selle asutamine võimalik juhul, kui tegemist on sihtasutusega, mille üheks asutajaks on riik, siis eelnõu järgi ei ole akadeemia asutatud eraõiguslikul juriidilisel isikul õigust asutada erakooli või eraõiguslikku teadus- ja arendusasutust.
Seaduse planeeritav jõustumise aeg on 1. september 2019. Uus juhtimismudel rakendub täies ulatuses 1. jaanuarist 2020.