CROATIA Country Report

IPPC Directive: implementation, problems, constraints, open questions,…

Anita Pokrovac Patekar, B. Sc. Pharm.Ministry of Environmental Protection, Physical Planning and ConstructionCROATIA

3rd BERCEN Exchange ProgrammePrague, Cech RepublicOctober, 19-22, 2004

WHAT?WHAT?

EUEU set of common rules on permitting for industrial set of common rules on permitting for industrial installations, called installations, called IPPC DirectiveIPPC Directive (96/61/EC) (96/61/EC)

IPPCIPPC stands for stands for Integrated Pollution Prevention Integrated Pollution Prevention and Controland Control

WHAT?WHAT?

IPPC DirectiveIPPC Directive minimising pollution from various point sources minimising pollution from various point sources

throughout EUthroughout EU all installations covered by all installations covered by Annex IAnnex I of the Directive of the Directive

are required to obtain an authorisation (permit) are required to obtain an authorisation (permit) from the authorities in the EU countriesfrom the authorities in the EU countries

WHAT?WHAT?

the integrated permits must be based on the the integrated permits must be based on the concept of concept of Best Available Techniques (BAT),Best Available Techniques (BAT), which is defined in which is defined in Article 2Article 2 of the Directive of the Directive

in many cases in many cases BATBAT means quite radical means quite radical environmental improvements and sometimes it will environmental improvements and sometimes it will be very costly for companies to adapt their plants be very costly for companies to adapt their plants to to BATBAT

WHY?WHY?

current European production and consumption current European production and consumption patterns are certainly not sustainablepatterns are certainly not sustainable

HOWHOW??

““integrated”integrated” means that the permits must take into means that the permits must take into account the whole environmental performance of account the whole environmental performance of the plant:the plant:– emissions to air, water and landemissions to air, water and land– generation of wastegeneration of waste– use of raw materialsuse of raw materials– energy efficiencyenergy efficiency– noisenoise– prevention of accidentsprevention of accidents– risk managementrisk management

HOW?HOW?

EC organises an excange of information between EC organises an excange of information between experts from the EU Member States, industry and experts from the EU Member States, industry and environmental organisations, co-ordinated by the environmental organisations, co-ordinated by the European IPPC BureauEuropean IPPC Bureau

European IPPC BureauEuropean IPPC Bureau is devided into 30 sectors is devided into 30 sectors for each sector it takes around two years to for each sector it takes around two years to

complete the work and to produce complete the work and to produce BREFBREF ((BAT BAT reference document)reference document)

HOW?HOW?

policy-makers as well as the public at large need policy-makers as well as the public at large need better information about the amount of pollution better information about the amount of pollution that different installations are responsible forthat different installations are responsible for

therefor, the Directive provides for the setting up of therefor, the Directive provides for the setting up of a a European Pollutant Emission Register (EPER)European Pollutant Emission Register (EPER)

WHEN?WHEN?

15 “old” EU MS had untill the end of October 1999 15 “old” EU MS had untill the end of October 1999 to adjust their national legislation in line with the to adjust their national legislation in line with the DirectiveDirective

from October 1999 the Directive applies to all from October 1999 the Directive applies to all newnew installations, as well as existing installations that installations, as well as existing installations that intend to carry out changes that may have intend to carry out changes that may have significant negative effects on human beings or significant negative effects on human beings or the environmentthe environment

WHERE?WHERE?

same rules apply to all 25 EU countriessame rules apply to all 25 EU countries the candidate countries:the candidate countries:

– started their preparations to adapt national permitting started their preparations to adapt national permitting systems to the Directivesystems to the Directive

– some of them requested exemption periods in some of them requested exemption periods in negotiations with the EUnegotiations with the EU

WHO?WHO?

The principal players involved in IPPC activities areThe principal players involved in IPPC activities are– Licensing authoritiesLicensing authorities in the MS countries, which issuse permits in the MS countries, which issuse permits

based on BAT (national, regional or local)based on BAT (national, regional or local)– ECEC and in particular the and in particular the Environmental DGEnvironmental DG and its unit D.3. and its unit D.3.

(“Industry and Implementation”)(“Industry and Implementation”)– MS expertsMS experts from national environmental protection agencies or from national environmental protection agencies or

similar organisations; who participate in the exchange of similar organisations; who participate in the exchange of information on BATinformation on BAT

– Industry expertsIndustry experts

WHO?WHO?

Environmental organisationsEnvironmental organisations that participate in the that participate in the exchange of information on BATexchange of information on BAT

Information Exchange ForumInformation Exchange Forum, which together with , which together with the European Commission organises the the European Commission organises the exchange of information on BATexchange of information on BAT

European IPPC BureauEuropean IPPC Bureau at the EU Joint Research at the EU Joint Research Centre in Seville (Spain)Centre in Seville (Spain)

IPPC Experts GroupIPPC Experts Group and and IMPEL networkIMPEL network

WHO?WHO?

and last (but not least):and last (but not least): PublicPublic (according to Article 15 of the Directive, the (according to Article 15 of the Directive, the

public shall have access to permit applications, public shall have access to permit applications, permits, monitoring reports and the EPER)permits, monitoring reports and the EPER)

EC aquis , Chapter 22: Environment

EC EC aquisaquis, Chapter 22: Environment, Chapter 22: Environment

““Regarding industrial pollution and risk Regarding industrial pollution and risk management management there is no systemthere is no system of integrated of integrated pollution prevention and control (IPPC)”pollution prevention and control (IPPC)”

““The enviromental administration The enviromental administration will need to bewill need to be strengthened to implement the strengthened to implement the aquisaquis””

EC EC aquisaquis, Chapter 22: Environment, Chapter 22: Environment

““Overall, Croatia will have to make considerable Overall, Croatia will have to make considerable and sustained effords to align its legislation with and sustained effords to align its legislation with the the aquisaquis and to effectively implement and enforce and to effectively implement and enforce it in the field of environment in the medium term”it in the field of environment in the medium term”

June, 2004.June, 2004.Croatia – candidate countryCroatia – candidate country

Republic of Croatia has partially harmonised its Republic of Croatia has partially harmonised its environmental legislation with EU Directivesenvironmental legislation with EU Directives

IPPC Directives is not adopted as whole, but its IPPC Directives is not adopted as whole, but its provisions are incorporated in all laws concerning provisions are incorporated in all laws concerning environmetal protectionenvironmetal protection

New Law on Waste (OFFICIAL GAZZETTE 151/03):

enforced 1st January, 2004

partially harmonised with 75/442/EEC, partially harmonised with 75/442/EEC, 91/156/EEC, 91/692/EEC, 96/350/EEC, 91/156/EEC, 91/692/EEC, 96/350/EEC, 1999/31/EC1999/31/EC,, 93/259/EEC,93/259/EEC, 91/689/EEC 91/689/EEC,, 2002/962002/96//EC 200EC 20000/53/53//EC 94/62/ECEC 94/62/EC

Actually there are no existing IPPC installation in Actually there are no existing IPPC installation in Croatia, but some provisions are incorporated in Croatia, but some provisions are incorporated in different kinds of permits that fall under laws:different kinds of permits that fall under laws:

By-Law on Environmetal Imapct Assessement By-Law on Environmetal Imapct Assessement (59/00)(59/00)

LAW ON WASTE (O.G. 151/03)LAW ON WASTE (O.G. 151/03)

FURTHER ACTION (2004-2006):

national database for existing categories of industrial activities and installations

gap analysis harmonization of national environmental legislation with EU

legislation adaptation of the structure of the state administration system capacity building (national regional and local authorities) better industrial sector awareness further strengthening public rights in the context of permitting

procedures

THANK YOU FOR YOUR ATTENTION!!!!!