Croatian Report on new Environmental Protection Law Josipa Blažević-Perušić, B.Sc. Arch. State Secretary Anita Pokrovac-Patekar, B.Sc. Pharm. Senior Environmental Inspector 2 nd ECENA Plenary meeting Brussels, BELGIUM September 17-18, 2007 Ministry of Environmental Protection, Physical Planning and Construction CROATIA

MEPPPC 2 ……focused on introducing integrated approach in new Environmental Protection Law through Practise from existing system in Croatia Vision Integrated approach in new Environmental Protection Law Further activities to be realised ( )

MEPPPC 3 We are in course of the harmonisation of legislation In addition to MEPPPC, central state administration bodies with environmental competences are: Ministry of Agriculture, Forestry and Water Management Ministry of Culture Ministry of Health and Social Welfare Ministry of Economy, Labour and Entrepreneurship Ministry of the Sea, Tourism, Transport and Development Also active in environmental protection are: Environmental Agency Environmental Protection and Energy Efficiency Fund Croatian Waters State Institute for Nature Protection National Meteorological and Hydrological Service State Directorate for Protection and Rescue

MEPPPC 4 Good practise from existing system in Croatia Spatial planning has been recognised as a powerful tool based on it’s integrated and multy-disciplined nature for environmental prevention and protection since early 1980 Spatial planning has been recognised as a powerful tool based on it’s integrated and multy-disciplined nature for environmental prevention and protection since early 1980 Sustainability comes out from the positive synergic development of the economic, social, environmental and cultural dimension of the society, but sustainability is also a general aim of the spatial planning Sustainability comes out from the positive synergic development of the economic, social, environmental and cultural dimension of the society, but sustainability is also a general aim of the spatial planning Spatial planning and environmental protection have been developing in the same direction within the common ministry Spatial planning and environmental protection have been developing in the same direction within the common ministry to promote the sustainability

MEPPPC 5 Good practise from existing permitting system in Croatia Implementation of EIA started also as far back as in 1980 and after short time was included in procedure of issuing Implementation of EIA started also as far back as in 1980 and after short time was included in procedure of issuing location permit All aspects and requirements related to environmental protection, defined within EIA decision were included in All aspects and requirements related to environmental protection, defined within EIA decision were included in building permit (nature, water, soil, air protection, noise...) After the confirmation of fulfilling all prescribed and determined requirements for building in construction sense and environmental point of view as well After the confirmation of fulfilling all prescribed and determined requirements for building in construction sense and environmental point of view as well using permit is issued

MEPPPC 6 Continuing with this tradition, Continuing with this tradition, existing permitting procedure is the framework for new approach and transposition of IPPC Directive into the new environmental Law Therefore, there are no demands for significant increasing the administrative staff Therefore, there are no demands for significant increasing the administrative staff

MEPPPC 7 3 key strategic principles The integrated approach, which is based on the understanding of the environment as whole, and aims at ensuring that all environmental impacts are considered together through an integrated permitting procedure The flexible approach leaving discretion to competent authorities to take local situations into account The concept of the “Best available techniques”, which plays a crucial role in permitting

MEPPPC 8 Vision An umbrella law An umbrella law In accordance with EU environmental aquis In accordance with EU environmental aquis new Environmental Protection Act covers provisions of directives relating to: environmental impact assessment environmental impact assessment strategic environmental assessment strategic environmental assessment access to information and public participation access to information and public participation IPPC environmental permitting IPPC environmental permitting SEVESO II SEVESO II environmental monitoring and reporting environmental monitoring and reporting environmental liability environmental liability Integrated approach both in prevention and protection of all environmental components Integrated approach both in prevention and protection of all environmental components

MEPPPC 9 The procedural and institutional approach for issuing IPPC permits Article 7 of the IPPC Directive stipulates: Member States shall take all the measures necessary to ensure that the conditions and the procedure for the grant of the permit are fully coordinated, where more than one competent authority is involved in order to guarantee an effective integrated approach by all competent authorities Article 7 of the IPPC Directive stipulates: Member States shall take all the measures necessary to ensure that the conditions and the procedure for the grant of the permit are fully coordinated, where more than one competent authority is involved in order to guarantee an effective integrated approach by all competent authorities

MEPPPC 10 Permitting Procedure/1 The decision on the request for determining The decision on the request for determining integrated environmental protection requirements – IEPR for an installation shall be made by the M for an installation shall be made by the MEPPPC The request for determining IEPR for installations The request for determining IEPR for installations shall be submitted simultaneously with the request for environmental impact assessment The request shall contain The request shall contain the Study on the conceptual technical and technological design for the installation in relation to IEPR, which are determined by a decision on the environmental acceptability of a project and IEPR. It will be a constituent part of the conceptual design of the installation The conceptual design of the installation The conceptual design of the installation shall be a constituent part of the request for issuing a location permit in accordance with a special regulation

MEPPPC 11 Permitting Procedure/2 In the procedure for issuing the building permit for the installation, the authorised auditor shall confirm that the technical design proves that all IEPR have been fulfilled as established in the location permit In the procedure for issuing the building permit for the installation, the authorised auditor shall confirm that the technical design proves that all IEPR have been fulfilled as established in the location permit In the procedure for issuing the using permit for the installation, after putting the installation into trial operation, the environmental protection expert from the MEPPPC shall verify whether the determined environmental protection requirements have been fulfilled In the procedure for issuing the using permit for the installation, after putting the installation into trial operation, the environmental protection expert from the MEPPPC shall verify whether the determined environmental protection requirements have been fulfilled

MEPPPC 12 Using Permit Construction Part Permanent IPPC Part IEPR contained in the installation using permit shall be determined for the application period of five years from the day the using permit becomes legally valid What’s also important? Co-ordination of the inspection bodies in environmental sector

MEPPPC 13 Agreement on Co-operation between inspection services in the field of environment/1 to co-operate in the implementation of co-ordinated inspection controls related to the environment or individual environmental components and burdens to develop a manual on the implementation of co- ordinated inspection controls in line with RMCEI to co-operate by exchanging data which have an impact on environmental protection, particularly on the preparation and performance of co-ordinated inspection controls, and by using services of authorised persons (professional institutions, laboratories, agencies, etc.) for purposes of inspection control, remediation of consequences of major accidents and other activities

MEPPPC 14 Co-ordination role of Environmental Protection Inspection Joint annual work plan and programe Joint reporting joint annual reports on the performed co- ordinated inspection controls and on other activities shall form a constituent part of the annual work report of the environmental inspection, which shall be submitted by the MEPPPC to the Croatian Government Agreement/2

MEPPPC 15 New Environmental Protection Law At present (September 17 th, 2007) has been adopted by the Croatian Government At present (September 17 th, 2007) has been adopted by the Croatian Government The adoption procedure before Parliament is in course and is expected to be completed till the end of September The adoption procedure before Parliament is in course and is expected to be completed till the end of September

MEPPPC 16 Further activities to be realised ( ) Adoption of subordinate regulations

MEPPPC 17 Thank you for your attention