Acquis communautaire Acquis communautaire in Chapter 27 – in Chapter 27 – EnvironmentEnvironment

Criteria for membershipCriteria for membership PoliticalPolitical – – stability of institutions guaranteeing stability of institutions guaranteeing

democracy, the rule of law, respect for democracy, the rule of law, respect for human human rights rights and minority rights and adherence to the and minority rights and adherence to the aims of the EUaims of the EU

EconomicEconomic- - existence of a functioning market existence of a functioning market economy and the ability of market factors to cope economy and the ability of market factors to cope with competitive pressure and market laws within with competitive pressure and market laws within the EUthe EU

LegalLegal- - adoption of the entire acquisadoption of the entire acquis ( (acquis acquis communautairecommunautaire), implementation and application), implementation and application

AdministrativeAdministrative - - adaptation of appropriate adaptation of appropriate administrative structures to ensure the conditions administrative structures to ensure the conditions for the gradual and harmonious integrationfor the gradual and harmonious integration

EU environmental policyEU environmental policy objectives and principles for the implementation of objectives and principles for the implementation of

environmental policy are set out in environmental policy are set out in Treaty on European Community, Head XIX

Implementation of environmental policy is based on:Implementation of environmental policy is based on:

- The principle of precaution and preventive action- The principle of precaution and preventive action- The integration of environmental protection into all - The integration of environmental protection into all other development policiesother development policies- The principle of polluter pays- The principle of polluter pays- Preventing pollution at the source- Preventing pollution at the source- Shared responsibility of all participants in the - Shared responsibility of all participants in the developmentdevelopment- Promoting sustainable development- Promoting sustainable development

Acquis communautaireAcquis communautaire

primary Community law: treaties on the establishment of the community and the general principles of law

secondary Community law:- Regulations (EC)- Directives (EC)- Decisions (EC)- Recommendations, Opinions

unwritten Community law:- fundamental rights in the Community- principles of constitutionality- customary law

international agreements which are signed by EU international agreements between member states

Primary EU lawPrimary EU law

EU is founded on the four agreements:EU is founded on the four agreements: Treaty establishing the European Coal and Steel Treaty establishing the European Coal and Steel

Community Community – April 18, 1951, in Paris– April 18, 1951, in Paris

Treaty establishing the European Economic Treaty establishing the European Economic Community (EEC) – March 25, 1957, in RomeCommunity (EEC) – March 25, 1957, in Rome

Treaty establishing the European Atomic Energy Treaty establishing the European Atomic Energy

Community (EURATOM) – signed in Rome together Community (EURATOM) – signed in Rome together with the Treaty establishing the European with the Treaty establishing the European Economic CommunityEconomic Community

Treaty on European Union – Febrauray 7, 1992, Treaty on European Union – Febrauray 7, 1992, MaastrichtMaastricht

Acts of theActs of theEuropean CommunityEuropean Community

Binding acts:Binding acts:– RegulationsRegulations– DirectivesDirectives– DecisionsDecisions

Unbinding acts:Unbinding acts:– RecommendationsRecommendations– OpinionsOpinions

RegulationsRegulations

Regulations Regulations - - acts of general application acts of general application that that are fully are fully binding and directly applicable in the binding and directly applicable in the mmember ember sstates - to unify the law of the tates - to unify the law of the mmember ember sstatestates

they are they are not incorporated into national law, but not incorporated into national law, but they are applied directly as European regulations they are applied directly as European regulations based on its publication in the Official Journal of based on its publication in the Official Journal of the EUthe EU

they they replacreplacee national legal norms, states are national legal norms, states are required to abolish existing norms of its legal required to abolish existing norms of its legal system that conflict with regulationssystem that conflict with regulations

DirectivesDirectives

Directives Directives – – acts in terms of the results acts in terms of the results that they that they realized realized bindingbinding on on each each mmember ember sstate to which tate to which they referred, but leave the national authorities they referred, but leave the national authorities the choice of form and methodsthe choice of form and methods

DirectiveDirectivess serve serve to to approachingapproaching and not and not to to a full a full

approximation of internal law of the approximation of internal law of the mmember ember sstatestates

Chapter 27 – acquis communitaireChapter 27 – acquis communitaire

also includes horizontal issues (Environmental also includes horizontal issues (Environmental impact assessment (EIA), Strategic Environmental impact assessment (EIA), Strategic Environmental Assessment (SEA), environmental liability, Assessment (SEA), environmental liability, environmental information,) andenvironmental information,) and

legislation related to air quality, water, waste legislation related to air quality, water, waste management, nature protection, industrial management, nature protection, industrial pollution and risk management, chemicals, pollution and risk management, chemicals, climate change and noise. Includes climate change and noise. Includes also also several several international agreementsinternational agreements..

Horizontal legislationHorizontal legislation

Environmental impact assessment (EIA), Environmental impact assessment (EIA), (2011/92/EU)(2011/92/EU)

Strategic Environmental Assessment (SEA) Strategic Environmental Assessment (SEA) (2001/42/EC)(2001/42/EC)

access to environmental informations access to environmental informations (2003/4/EC)(2003/4/EC)

ChemicalsChemicals

REACH regulation REACH regulation (registration, evaluation, (registration, evaluation, authorization and restriction of chemicals)authorization and restriction of chemicals)

CLP regulation (EC) no. 1272/2008 CLP regulation (EC) no. 1272/2008 contains contains provisions on the classification, labeling and provisions on the classification, labeling and packaging of substances and mixturespackaging of substances and mixtures

regulations concerning the export and import of regulations concerning the export and import of chemicals, reduction of persistent organic chemicals, reduction of persistent organic pollutants, biocides, animal testspollutants, biocides, animal tests

Nature protectionNature protection

The Birds Directive (2009/147/EC) and The The Birds Directive (2009/147/EC) and The Habitats Directive (92/43/EEC)Habitats Directive (92/43/EEC)

In accordance with these guidelines, the In accordance with these guidelines, the protected areasprotected areas -- especially Natura 2000 especially Natura 2000 areasareas, , need to be need to be identifidentifiedied and measures and measures for for protectprotection need to be ion need to be implementimplementeded (+ (+ consider them consider them in all sectors)in all sectors)

Waste managementWaste management

Waste Framework Directive (2008/98/EC)Waste Framework Directive (2008/98/EC)

+ + legislation on landfill of waste, shipment of legislation on landfill of waste, shipment of waste and numerous special waste streams waste and numerous special waste streams (batteries and accumulators, end-of-life vehicles, (batteries and accumulators, end-of-life vehicles, waste electrical and electronic equipment, waste electrical and electronic equipment, packaging and packaging waste etc.)packaging and packaging waste etc.)

WaterWater

Water Framework Directive (2000/60/EC)Water Framework Directive (2000/60/EC)

WFD – WFD – based on the principles of based on the principles of integrated river basin management and integrated river basin management and the participation of the public in the the participation of the public in the decision making process is the main legal decision making process is the main legal arrangement that aims to protect and arrangement that aims to protect and improve the quality as well as the quantity improve the quality as well as the quantity of all water bodies in the EUof all water bodies in the EU

IPPCIPPC

   Industrial pollution and risk management Industrial pollution and risk management - Directive on Integrated Pollution - Directive on Integrated Pollution Prevention and ControlPrevention and Control (IPPC) 2008/1/EC (IPPC) 2008/1/EC

reregulates the issues on integrated permit gulates the issues on integrated permit system,  prevention of pollution during the system,  prevention of pollution during the production phase (selection of raw production phase (selection of raw materials, clean production), management materials, clean production), management of pollution caused by production process, of pollution caused by production process, best available techniques (BAT) and public best available techniques (BAT) and public participationparticipation

AirAir

Air Quality Framework Directive Air Quality Framework Directive 2008/50/EZ – 2008/50/EZ – rules on clean airrules on clean air,, plans and plans and programs, monitoring proceduresprograms, monitoring procedures

Directive on Substances that Deplete the Directive on Substances that Deplete the Ozone LayerOzone Layer

Directive on Volatile Organic CompoundsDirective on Volatile Organic Compounds (VOC) (VOC)

NoiseNoise

Directive on the Assessment and Management of Directive on the Assessment and Management of Environmental NoiseEnvironmental Noise (2002/49/EC) – (2002/49/EC) – requires requires strategic noise mapping by strategic noise mapping by mmember ember sstates for places with tates for places with more than 250,000 inhabitants, more than 250,000 inhabitants, for for all major roads which all major roads which have more than 6 million vehicles transit a year, have more than 6 million vehicles transit a year, for for major major railways which have more than 60,000 train passages per railways which have more than 60,000 train passages per year and year and for for major airports in their areamajor airports in their area

The Directive also requires the Member States to The Directive also requires the Member States to draw up Noise Action Plansdraw up Noise Action Plans

Climate changeClimate change

tthere are several legal decisions in the EU in here are several legal decisions in the EU in relation to relation to cclimate change:limate change:the monitoring of greenhouse gases,the monitoring of greenhouse gases,system of emissions trading,system of emissions trading,reducing emissions,reducing emissions,storage of carbon dioxide,storage of carbon dioxide,pprotection of the Ozone Layerrotection of the Ozone Layer

Negotiations of the EU and the Negotiations of the EU and the Republic of CroatiaRepublic of Croatia

Chapter 27 – EnvironmentChapter 27 – Environment

Air qualityAir quality Waste managementWaste management Water qualityWater quality Nature protectionNature protection Industrial pollution, control and risk management Industrial pollution, control and risk management Chemicals and GMOChemicals and GMO Noise from vehicles and machineryNoise from vehicles and machinery Nuclear safety and radiation protectionNuclear safety and radiation protection CCivil protectionivil protection CClimate limate cchangehange

ŽELJKA LELJAK GRACIN, ZELENA AKCIJA / FOE CROATIAŽELJKA LELJAK GRACIN, ZELENA AKCIJA / FOE CROATIA

THANK YOU FOR YOUR ATTENTION!THANK YOU FOR YOUR ATTENTION!