Croatian Report on new Croatian Report on new Environmental Protection LawEnvironmental Protection Law

Josipa Blažević-Perušić, B.Sc. Arch.State SecretaryAnita 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 ConstructionMinistry of Environmental Protection, Physical Planning and ConstructionCROATIACROATIA

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MEPPPC

……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

(2008-2009)

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MEPPPC

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 ManagementMinistry of CultureMinistry of Health and Social WelfareMinistry 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 FundCroatian WatersState Institute for Nature Protection National Meteorological and Hydrological Service State Directorate for Protection and Rescue

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MEPPPC

Good practise from existing system in Croatia

Spatial planning has been recognised as a Spatial planning has been recognised as a powerful tool based on it’s integrated powerful tool based on it’s integrated and and multy-multy-disciplineddisciplined nature for environmental nature for environmental prevention and protection since early 1980prevention and protection since early 1980

SSustainability comes out from the positive ustainability comes out from the positive synergic development of the economic, synergic development of the economic, social, environmental and cultural dimension social, environmental and cultural dimension of the society, but sustainability is also a of the society, but sustainability is also a general aim of the spatial planninggeneral aim of the spatial planning

Spatial planning and environmental Spatial planning and environmental protection have been developing in the same protection have been developing in the same direction within the common ministry direction within the common ministry to promote the sustainabilityto promote the sustainability

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MEPPPCGood practise from existing permitting system in Croatia Implementation of EIA started also as far back Implementation of EIA started also as far back

as in 1980 and after short time was included in as in 1980 and after short time was included in procedure of issuing procedure of issuing locationlocation permitpermit

All aspects and requirements related to All aspects and requirements related to environmental protection, defined within EIA environmental protection, defined within EIA decision were included in decision were included in building permitbuilding permit (nature, water, soil, air protection, noise...)(nature, water, soil, air protection, noise...)

AAfter the confirmation of fulfilling all fter the confirmation of fulfilling all prescribed and determined requirements for prescribed and determined requirements for building in construction sense and building in construction sense and environmental point of view as well environmental point of view as well uusing permitsing permit is issued is issued

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MEPPPC

Continuing with this traditionContinuing with this tradition,,

existing permitting procedure is the existing permitting procedure is the

framework for new approach and framework for new approach and

transposition of IPPC Directive into the new transposition of IPPC Directive into the new

environmental Lawenvironmental Law

Therefore, there are no demands for Therefore, there are no demands for

significant increasing the administrative staffsignificant increasing the administrative staff

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MEPPPC3 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

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MEPPPC Vision An umbrella law An umbrella law In accordance with EU environmental In accordance with EU environmental aquisaquis

new Environmental Protection Act covers provisions of directives relating to: environmental impact assessmentenvironmental impact assessment strategic environmental assessmentstrategic environmental assessment access to information and public participationaccess to information and public participation IPPC IPPC environmental permittingenvironmental permitting SSEVESOEVESO II II environmental monitoring and reportingenvironmental monitoring and reporting environmental liabilityenvironmental liability

Integrated approach both in prevention and Integrated approach both in prevention and protection of all environmental componentsprotection of all environmental components

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MEPPPC The procedural and institutional The procedural and institutional approach for issuing IPPC permitsapproach for issuing IPPC permits

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

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MEPPPC Permitting Procedure/1 The decision on the request for determiningThe decision on the request for determining

integrated environmental protection requirementsintegrated environmental protection requirements – – IEPRIEPR

for an installation shall be made by the Mfor an installation shall be made by the MEPPPC

TThe request for determining he request for determining IEPRIEPR for installations for installations

shall be submitted simultaneously with the request for environmental shall be submitted simultaneously with the request for environmental

impact assessment impact assessment

The request shall containThe request shall contain

the Study on the conceptual technical and technological design for the the Study on the conceptual technical and technological design for the

installation in relation to installation in relation to IEPR,IEPR, which are determined by a decision on which are determined by a decision on

the environmental acceptability of a project and the environmental acceptability of a project and IEPR. It will IEPR. It will be a be a

constituent part of the conceptual design of the installation constituent part of the conceptual design of the installation

The conceptual design of the installationThe conceptual design of the installationshall be a constituent part of the request for issuing a location permit in shall be a constituent part of the request for issuing a location permit in

accordance with a special regulationaccordance with a special regulation

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MEPPPC

Permitting Procedure/2 In the procedure for issuing the building In the procedure for issuing the building

permit for the installation, the authorised permit for the installation, the authorised auditor shall confirm that the technical auditor shall confirm that the technical design proves that all design proves that all IEPRIEPR have been have been fulfilled as established in the location permit fulfilled as established in the location permit

IIn the procedure for issuing the usn the procedure for issuing the usinging permit permit for the installation,for the installation, after putting the after putting the installation into trial operation, the installation into trial operation, the environmental protection expert from the environmental protection expert from the MMEPPPCEPPPC shall verify whether the determined shall verify whether the determined environmental protection requirements have environmental protection requirements have been fulfilledbeen fulfilled

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MEPPPC 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

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MEPPPC

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

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MEPPPC

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

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MEPPPC New Environmental Protection Law

At present (September 1At present (September 177thth, 2007) has , 2007) has been adopted by the Croatian been adopted by the Croatian Government Government

The adoption procedure before The adoption procedure before Parliament is Parliament is in course and is in course and is expected expected to be completed till the end of to be completed till the end of SeptemberSeptember

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MEPPPC Further activities to be realised (2008-2009)

Adoption of subordinate regulations

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MEPPPC

Thank you for your attention