Croatian Report on Key Achievements in Environmental Enforcement and Compliance Josipa Blažević-Perušić, B.Sc. Arch. Assistant Minister Anita Pokrovac Patekar, B.Sc. Pharm. Senior Inspector 3 rd BERCEN Plenary meeting Brussels, BELGIUM December , 2004 Ministry of Environmental Protection, Physical Planning and Construction CROATIA

December, 2004 ………….. focused on IPPC Directive Contents: Starting position System of responsibilities in environmental protection Structure of MEPPPC State Further activities ( )

December, 2004 Starting position/1 In Croatia, implementation of EIA within permitting procedure started as far back as in 1980 In Croatia, implementation of EIA within permitting procedure started as far back as in 1980 Croatia has experience in implementation of environmental law since 1994, when the first Law on Environmental Protection was adopted Croatia has experience in implementation of environmental law since 1994, when the first Law on Environmental Protection was adopted June, 2004 Croatia becomes candidate country December, 2004 Croatia becomes IMPEL member Croatia becomes IMPEL member

December, 2004 Starting position/2 Republic of Croatia has partially harmonised its environmental legislation with EU Directive, Republic of Croatia has partially harmonised its environmental legislation with EU Directive, IPPC Directive is not adopted as a whole, but its provisions are incorporated in all laws concerning environmental protection, IPPC Directive is not adopted as a whole, but its provisions are incorporated in all laws concerning environmental protection, Currently there are no existing IPPC installations in Croatia under the IPPC permitting system, but some provisions are also incorporated in different kinds of permits that fall under laws now in force: Currently there are no existing IPPC installations in Croatia under the IPPC permitting system, but some provisions are also incorporated in different kinds of permits that fall under laws now in force: By-Law on Environmental Impact Assessment (O. G. 59/00), By-Law on Environmental Impact Assessment (O. G. 59/00), Law on waste (O.G. 151/03) Law on waste (O.G. 151/03)

December, 2004 Starting position/3 EC avis, April, Chapter 22: Environment “Regarding industrial pollution and risk management there is no system of integrated pollution prevention and control (IPPC)” “The enviromental administration will need to be strengthened to implement the aquis” “Overall, Croatia will have to make considerable and sustained efforts to align its legislation with the aquis and to effectively implement and enforce it in the field of environment in the medium term”

December, 2004 System of responsibilities in environmental protection M inistry of Environmental Protection, Physical Planning and Construction – air quality, waste management, EIA, ozone depleting substances….. M inistry of Agriculture, Forestry and Water Management – water protection M inistry of Health and Social Welfare – noise M inistry of Economy, Labour and Entrepreneurship – chemicals M inistry of Culture – nature protection M inistry of the Interior – fire protection

December, 2004 Structure of MEPPPC

December, 2004 State Environmental Protection Agency was established, Environmental Protection Agency was established, Fund for Environmental Protection and Energy Efficiency was established, Fund for Environmental Protection and Energy Efficiency was established, Implementation EMAS (ISO, EMS, OHS,..), Implementation EMAS (ISO, EMS, OHS,..), Briefing of industry representatives on IPPC Directive and the obligations thereunder in the permitting process, Briefing of industry representatives on IPPC Directive and the obligations thereunder in the permitting process, Lack of administrative capacity, Lack of administrative capacity, Lack of adequately educated human resources, Lack of adequately educated human resources, Lack of databases on installations to which provisions of IPPC Directive shall apply. Lack of databases on installations to which provisions of IPPC Directive shall apply.

December, 2004 Further activities ( ) Gap analysis, Gap analysis, Harmonization of national environmental legislation with EU legislation, Harmonization of national environmental legislation with EU legislation, Adaptation of the structure of the state administration system, Adaptation of the structure of the state administration system, National database for existing categories of installations, National database for existing categories of installations, Comparative review and utilisation of experiences of EU Member States in implementing the IPPC Directive Comparative review and utilisation of experiences of EU Member States in implementing the IPPC Directive Capacity building (national, regional and local authorities), Capacity building (national, regional and local authorities), Better industrial sector awareness, Better industrial sector awareness, Further strengthening of public rights in the context of permitting procedures. Further strengthening of public rights in the context of permitting procedures.

December, 2004 ….focused on implementation of RMCEI Contents: Environmental inspection control Environmental inspection control Success assurance Planning inspection activities Planning inspection activities Site visits Site visits Analysis, follow up and reporting Analysis, follow up and reporting Incidents, accidents Incidents, accidents Report evaluation Conclusions - key problems

December, 2004 Control/1 Environmental Inspection Control/1 Activities of LRSG units and legal and physical entities in applying standards and implementing environmental protection measures (Environmental Strategy and the Contingency Plan), Activities of LRSG units and legal and physical entities in applying standards and implementing environmental protection measures (Environmental Strategy and the Contingency Plan), Emission and imission measurements, Emission and imission measurements, Environmental protection measures determined in the course of EIA, Environmental protection measures determined in the course of EIA, Remedial programmes and monitoring of remedial programme effects, Remedial programmes and monitoring of remedial programme effects, Technical equipment of registered and authorized legal entities, Technical equipment of registered and authorized legal entities,

December, 2004 Control/2 Environmental Inspection Control/2 Use of funds earmarked for implementation of environmental protection measures, Use of funds earmarked for implementation of environmental protection measures, Implementation of ratified international environmental treaties, Implementation of ratified international environmental treaties, Operation of the Fund for Environmental Protection and Energy Efficiency, Operation of the Fund for Environmental Protection and Energy Efficiency, Cooperation with other government authorities, the public and NGOs, Cooperation with other government authorities, the public and NGOs, Participation in proposing and drafting legislative regulations Participation in proposing and drafting legislative regulations Implementation of international co-operation and work in relevant networks, Implementation of international co-operation and work in relevant networks, Work at the realisation of international projects and projects of European pre- accession funds. Work at the realisation of international projects and projects of European pre- accession funds.

December, 2004 Success Assurance Systematised jobs filled by high-quality professional personnel with experience, Systematised jobs filled by high-quality professional personnel with experience, Adaptation to the inspection work is provided to newly employed experts through mentorship by more experienced colleagues, Adaptation to the inspection work is provided to newly employed experts through mentorship by more experienced colleagues, Efforts are made to provide equal working contiditons and technical equipment to all inspectors, Efforts are made to provide equal working contiditons and technical equipment to all inspectors, Permanent professional improvement is carried out, Permanent professional improvement is carried out, Efforts are made to ensure availability of data and information exchange, Efforts are made to ensure availability of data and information exchange, Coordination of work is carried out. Coordination of work is carried out.

December, 2004 Planning inspection activities/1 All activities are planned in the annual work plan and programme and they depend on the available resources (human, technical and financial). The annual work plan is aligned with: National Environmental Strategy and Action Plan (NEAP) and National Environmental Strategy and Action Plan (NEAP) and International commitments undertaken by Croatia, and it is based on: International commitments undertaken by Croatia, and it is based on: Analysed problems from previous annual reports, and Analysed problems from previous annual reports, and Databases of the inspectorate, Emission Cadastre and other sources (Croatian Chamber of Economy, Chamber of Trades and Crafts, statistics...) Databases of the inspectorate, Emission Cadastre and other sources (Croatian Chamber of Economy, Chamber of Trades and Crafts, statistics...)

December, 2004 Planning inspection activities/2 The annual work plan is developed in terms of : Territory- by regional needs Territory- by regional needs Time framework- quarterly, monthly Time framework- quarterly, monthly By priorities. By priorities. The annual work plan describes procedures for: Routine inspection controls, Routine inspection controls, Emergency inspection controls, Emergency inspection controls, Coordination of controls with other inspections. Coordination of controls with other inspections.

December, 2004 Site visits/1 The following criteria are applied: Verification of compliance with the laws of the Republic of Croatia, Verification of compliance with the laws of the Republic of Croatia, Integrated approach to inspection control by various inspectorates, Integrated approach to inspection control by various inspectorates, Minutes are kept of each inspection control, Minutes are kept of each inspection control, Information on single findings are forwarded to other inspectorates and responsible bodies, Information on single findings are forwarded to other inspectorates and responsible bodies, Inspectors have the legal right of access to installations and all necessary documentation Inspectors have the legal right of access to installations and all necessary documentation.

December, 2004 Site visits/2 Routine controls meet the criteria for: Verification of the overall effect of the controlled installation on the environment, Verification of the overall effect of the controlled installation on the environment, Promotion and improvement of operators’ awareness of regulations, environmental effects of their activities, and of the sensitivity of the environment. Promotion and improvement of operators’ awareness of regulations, environmental effects of their activities, and of the sensitivity of the environment. Emergency controls are carried out in response to: Complaints, Complaints, Accidents, incidents and gross non- compliance with legislation, Accidents, incidents and gross non- compliance with legislation, Prior to granting permits for certain activities. Prior to granting permits for certain activities.

December, 2004 Analysis, follow up and reporting… Findings after each control are stored pursuant to the prescribed procedure, toghether with the pertaining documentation collected during control, Findings after each control are stored pursuant to the prescribed procedure, toghether with the pertaining documentation collected during control, A copy of the minutes is promptly delivered to the operator, A copy of the minutes is promptly delivered to the operator, After each control a decision is taken on further proceeding (official notification, criminal charges, decision on execution permit...), After each control a decision is taken on further proceeding (official notification, criminal charges, decision on execution permit...), Reports on proceedings and findings are available to the public on request. Reports on proceedings and findings are available to the public on request.

December, 2004 Incidents, accidents… 24-hours duty of inspectors is organised and links with the EC, MI, fire brigades, ECO headquaters,intervention teams... Within the shortest possible time inspectors have to: Come on location and clarify the reasons for the occurrence and its environmental impact (responsibility, consequences and sanctions), Mitigate/possibly remedy the environmental effects of the occurrence, Establish measures for the prevention of further accidents,incidents and non- compliance with legislation, Define sanctions for the operator, Monitor the operator’s activities related to the removal of causes of the occurrence.

December, 2004 Report evaluation : Inspectors submit the following reports on their activities to the central service: Monthly and annual reports, Monthly and annual reports, Special reports on thematic units, Special reports on thematic units, Reports on accidents. Reports on accidents. The received reports are presented in the form of: Special thematic reports, Special thematic reports, Standard annual reports of the Directorate for Inspection. Standard annual reports of the Directorate for Inspection. Annual reports are submitted to: The Government of the Republic of Croatia, The Government of the Republic of Croatia, The general public on the website of the MEPPPC. The general public on the website of the MEPPPC.

December, 2004 Conclusions - key problems Lack of human capacities, Lack of human capacities, Lack of technical equipment, and communication difficulties with branch units, Lack of technical equipment, and communication difficulties with branch units, Inequal level of professional expertise and skills among all inspectors and impossibility of sectoral specialisation, Inequal level of professional expertise and skills among all inspectors and impossibility of sectoral specialisation, Insufficient implementation of permanent education, Insufficient implementation of permanent education, Lack of data in the Emission Cadastre and non- existence of a register of industrial installations, Lack of data in the Emission Cadastre and non- existence of a register of industrial installations, Lack of a procedure for reporting to individuals, organisations and the general public, Lack of a procedure for reporting to individuals, organisations and the general public, Lack of regulations for the implementation of the Law on Access to Information Lack of regulations for the implementation of the Law on Access to Information Aarhus Convention not ratified. Aarhus Convention not ratified.

December, 2004 Thank you for your attention