Croatian Report on Key Achievements in Environmental Enforcement and Compliance Josipa Blažević-Perušić, B.Sc. Arch. Assistant Minister Anita Pokrovac

Croatian Report on Key Croatian Report on Key Achievements in Environmental Achievements in Environmental

Enforcement and ComplianceEnforcement and Compliance

Josipa Blažević-Perušić, B.Sc. Arch.Assistant MinisterAnita Pokrovac Patekar, B.Sc. Pharm.Senior Inspector

3 rd BERCEN Plenary meeting Brussels, BELGIUM

December 16 - 17, 2004

Ministry of Environmental Protection, Physical Planning and ConstructionMinistry of Environmental Protection, Physical Planning and ConstructionCROATIACROATIA

December, 2004December, 2004

………….. focused on IPPC Directive

Contents: Starting position System of responsibilities in environmental

protection Structure of MEPPPC State Further activities (2004-2006)


Starting position/1 In Croatia, implementation of EIA within permitting In Croatia, implementation of EIA within permitting

procedure started as far back as in 1980procedure started as far back as in 1980 Croatia has experience in implementation of Croatia has experience in implementation of

environmental law since 1994, when the first Law on environmental law since 1994, when the first Law on Environmental Protection was adoptedEnvironmental Protection was adopted

June, 2004June, 2004 Croatia Croatia becomesbecomes candidate country candidate countryDecember, 2004December, 2004Croatia Croatia becomes becomes IMPEL memberIMPEL member


Starting position/2

Republic of Croatia has partially harmonised its Republic of Croatia has partially harmonised its environmental legislation with EU Directiveenvironmental legislation with EU Directive,,

IPPC Directive is not adopted as IPPC Directive is not adopted as a a whole, but its whole, but its provisions provisions are are incorporated in all laws concerning incorporated in all laws concerning enviroenvironnmemenntal protectiontal protection,,

Currently Currently there are no existing IPPC installationthere are no existing IPPC installationss in in Croatia under the IPPC permiCroatia under the IPPC permittting system, but some ting system, but some provisions are also incorporated in different kinds of provisions are also incorporated in different kinds of permits that fall under lawspermits that fall under laws now in force 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)


Starting position/3Starting position/3

EC avis, April, 2004 - 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”


System of responsibilities in environmental protection

Ministry of Environmental Protection, Physical Planning and Construction – air quality, waste

management, EIA, ozone depleting substances…..

Ministry of Agriculture, Forestry and Water Management – water protection

Ministry of Health and Social Welfare – noise

Ministry of Economy, Labour and Entrepreneurship – chemicals

Ministry of Culture – nature protection Ministry of the Interior – fire protection

December, 2004December, 2004 Structure of MEPPPC

M i n i s t r y o f e n v i r o n m e n t a l p r o t e c t i o n , M i n i s t r y o f e n v i r o n m e n t a l p r o t e c t i o n , p h y s i c a l p l a n n i n g a n d c o n s t r u c t i o np h y s i c a l p l a n n i n g a n d c o n s t r u c t i o n

I n d e p e n d e n tS e r v i c e f o rL e g i s l a t i o n

I n d e p e n d e n tS e r v i c e f o r

A p p e a l s a n dO f f e n c e s

I n s t i t u t ef o r

P h y s i c a lP l a n n i n g

D i r e c t o r a t ef o r

P h y s i c a lP l a n n i n g

D i r e c t o r a t e f o r

I n s p e c t i o n

D e p a r t m e n t f o rI n s p e c t i o n C o n t r o l o f

S t a t e C o n s t r u c t i o nP r o j e c t s

D e p a r t m e n tf o r

D o c u m e n t a t i o n A f f a i r s

D e p a r t m e n t f o r

L e g a l A f f a i r s


E n v i r o n m e n t a lP r o t e c t i o n


I n d i v i d u a l P h y s i c a lP l a n n i n g D o c u m e n t s

( P e r m i t s )

D e p a r t m e n t f o rI n s p e c t i o n C o n t r o l f o r

G e n e r a l P l a n n i n gD o c u m e n t s

( P l a n s & P r o g r a m m e s )

D e p a r t m e n t f o rE n f o r c e m e n t s

P r o c e d u r e s a n dA d v a n c e m e n t B r a n c h

U n i t O p e r a t i o n

D i r e c t o r a t e f o rH o u s i n g ,

M u n i c i p a l E c o n o m ya n d C o n s t r u c t i o n

S e c t o r f o rH o u s i n g a n d

M u n i c i p a l E c o n o m y

S e c t o rf o r

C o n s t r u c t i o n

D i r e c t o r a t ef o r

E n v i r o n m e n t a lP r o t e c t i o n

D e p a r t m e n tf o r S t r a t e g i c

E n v i r o n m e n t a lP l a n n i n g

D e p a r t m e n tf o r E U I n t e g r a t i o na n d I n t e r n a t i o n a l

P r o j e c t

D e p a r t m e n t f o r t h e P r o t e c t i o n

o f t h e A t m o s p h e r e ,S o i l , S e a a n d

C o a s t

D e p a r t m e n tf o r

W a s t eM a n a g e m e n t

S e c r e t a r i a to f

t h e M i n i s t r y

O f f i c eo f

t h e M i n i s t e r


State

Environmental Protection Environmental Protection AgencAgency y was established,was established, FFund for Environmental Protection and Energy und for Environmental Protection and Energy

Efficiency was established,Efficiency was established, ImplementationImplementation EMAS (ISO, EMS, OHS,..) EMAS (ISO, EMS, OHS,..),, Briefing of industry representatives on IPPC Briefing of industry representatives on IPPC

Directive and the obligations thereunder in the Directive and the obligations thereunder in the permitting process,permitting process,

LLack of administrative capacity,ack of administrative capacity, LLack of adequateack of adequatelyly educated human resources educated human resources,, LLackack of databases on installations to which of databases on installations to which

provisions of provisions of IPPC IPPC DDireirecctivetive shall apply. shall apply.


Further activities (2004-2006) GGap analysisap analysis,, HHarmonization of national environmental legislation with armonization of national environmental legislation with

EU legislationEU legislation,, AAdaptation of the structure of the state administration daptation of the structure of the state administration

systemsystem,, NNational database for existing categories of installationsational database for existing categories of installations,, CComparativomparative review and e review and utilisation of experiences of EU utilisation of experiences of EU

Member States in implementing the Member States in implementing the IPPC IPPC DirectiveDirective CCapacity building (national, regional and local apacity building (national, regional and local

authorities)authorities),, BBetter industrial sector awarenessetter industrial sector awareness,, FFurther strengthening urther strengthening of of public rights in the context of public rights in the context of

permitting procedures.permitting procedures.


….focused on implementation of RMCEI

Contents:Contents: EEnvironmental nvironmental iinspectionnspection c controlontrol Success assurance Planning inspection activitiesPlanning inspection activities Site visitsSite visits AAnalysis, follow up and reportingnalysis, follow up and reporting IIncidents, accidentsncidents, accidents Report evaluation Conclusions - key problems


Environmental Inspection CControlontrol/1/1

AActivities of ctivities of LRSGLRSG units and legal and physical units and legal and physical entities in applying standards and implementing entities in applying standards and implementing environmental protection measures environmental protection measures ((Environmental Environmental Strategy and the Contingency PlanStrategy and the Contingency Plan),),

EEmission and imission measurementsmission and imission measurements,, EEnvironmental protection measures determined in nvironmental protection measures determined in

the course of the course of EIA,EIA, RRemedial programmes and monitoring of remedial emedial programmes and monitoring of remedial

programme effectsprogramme effects,, TTechnical equipment of registered and authorized echnical equipment of registered and authorized

legal entitieslegal entities,,


Environmental Inspection CControlontrol/2/2 UUse of funds earmarked for implementation of se of funds earmarked for implementation of

environmental protection measuresenvironmental protection measures,, IImplementation of ratified international environmental mplementation of ratified international environmental

treatiestreaties,, Operation of the Fund for Environmental Protection and Operation of the Fund for Environmental Protection and

Energy Efficiency, Energy Efficiency, Cooperation with other government authorities, the public Cooperation with other government authorities, the public

and and NGONGOs,s, Participation in proposing and drafting legislative Participation in proposing and drafting legislative

regulatiregulationsons Implementation of international co-operation and work in Implementation of international co-operation and work in

relevant networks,relevant networks, Work at the realisation of international projects and Work at the realisation of international projects and

projects of European pre-accession funds.projects of European pre-accession funds.


Success Assurance

Systematised jobs filled by high-quality professional Systematised jobs filled by high-quality professional personnel with experience,personnel with experience,

Adaptation to the inspection work is provided to newly Adaptation to the inspection work is provided to newly employed experts through mentorship by more employed experts through mentorship by more experienced colleagues,experienced colleagues,

Efforts are made to provide equal working contiditons Efforts are made to provide equal working contiditons and technical equipment to all inspectorsand 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 Efforts are made to ensure availability of data and

information exchange,information exchange, Coordination of work is carried out.Coordination of work is carried out.


Planning inspection activities/1

All activities are planned in the annual work plan and All activities are planned in the annual work plan and programme and they depend on the available programme and they depend on the available resources (human, technical and financial).resources (human, technical and financial).The annual work plan is aligned with:The annual work plan is aligned with:

NaNattionalional Environmental S Environmental Strategtrategy and Action Plan y and Action Plan (NEAP) and(NEAP) and

IInternational commitments undertaken by Croatia,nternational commitments undertaken by Croatia, and it is based on:and it is based on: AAnalnalysed ysed problemproblems from previous annual reportss from previous annual reports,, and and DDatabases of the inspectorate, Emission Cadastre and other atabases of the inspectorate, Emission Cadastre and other

sources sources ((Croatian Chamber of Economy, Chamber of Trades Croatian Chamber of Economy, Chamber of Trades and Crafts, sand Crafts, statistitatisticscs...)...)


Planning inspection activities/2

The annual work plan is developed in terms of The annual work plan is developed in terms of :: TTerritoryerritory - by regional needs - by regional needs TTime frameworkime framework - quarterly- quarterly, m, monthlyonthly BBy y prioritpriorities.ies.

The annual work plan describes The annual work plan describes procedureprocedures for:s for: RRooutinutine inspection controls,e inspection controls, EEmergency inspection controls,mergency inspection controls, CCoordinaoordination of controls with other inspections.tion of controls with other inspections.


Site visits/1

The following criteria are applied:The following criteria are applied:

VVerification of compliance with the laws of the erification of compliance with the laws of the Republic of Croatia,Republic of Croatia,

IIntegrntegrated approach to inspection control by various ated approach to inspection control by various inspectorates,inspectorates,

Minutes are kept Minutes are kept oof each inspection control,f each inspection control, IInformanformation on single findings are forwarded to other tion on single findings are forwarded to other

inspectorates and responsible bodies,inspectorates and responsible bodies, IInspenspecctortors s have the legal right of access to have the legal right of access to

installations and all necessary installations and all necessary dodoccumentaumentationtion.


Site visits/2

RRooutinutine controls meet the criteria fore controls meet the criteria for:: VVerification of the overall effect of the controlled erification of the overall effect of the controlled

installation on the environment,installation on the environment, PPromoromotion and improvement of operators’ awareness tion and improvement of operators’ awareness

of regulations, environmental effects of their of regulations, environmental effects of their activities, and of the sensitivity of the environment.activities, and of the sensitivity of the environment.Emergency controls are carried out in response toEmergency controls are carried out in response to::

CComplaints,omplaints, AAcccidentcidentss, incident, incidentss and gross non-compliance with and gross non-compliance with

legislation,legislation, PPririor to granting permits for certain activities.or to granting permits for certain activities.


Analysis, follow up and reporting…

FFindings after each control are stored pursuant to indings after each control are stored pursuant to the prescribed the prescribed procedurproceduree,, toghether with the toghether with the pertaining pertaining dodoccumentaumentation collected during tion collected during control,control,

AA copy of the minutes is promptly delivered to the copy of the minutes is promptly delivered to the operatoperatoorr,,

AAfter each control a decision is taken on further fter each control a decision is taken on further proceeding proceeding ((official notification, criminal charges, official notification, criminal charges, decision on execution permit.decision on execution permit...)..),,

RReports on proceedings and findings are available eports on proceedings and findings are available to the public on request.to the public on request.


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.


Report evaluation

Inspectors submit the following reports on their activities to the central service::

MMonthly and annual reports,onthly and annual reports, SSpecial reports on thematic units,pecial reports on thematic units, RReports oneports on a acccidentcidents.s.

The received reports are presented in the form ofThe received reports are presented in the form of:: SSpecial thematic reports,pecial thematic reports, SStandard annual reports of the Directorate for tandard annual reports of the Directorate for

Inspection.Inspection.Annual reports are submitted toAnnual reports are submitted to::

TThe Government of the Republic of Croatia,he Government of the Republic of Croatia, TThe general public on the website of the Mhe general public on the website of the MEPPPCEPPPC..


Conclusions - key problems LLack of human capacities,ack of human capacities, LLack of technical equipment, and communication ack of technical equipment, and communication

difficulties with branch units,difficulties with branch units, IInequal level of professional expertise and skills among all nequal level of professional expertise and skills among all

inspectors and impossibility of sectoral specialisation,inspectors and impossibility of sectoral specialisation, Insufficient implementation of permanent education,Insufficient implementation of permanent education, LLack of data in the Emission Cadastre and non-existence of ack of data in the Emission Cadastre and non-existence of

a register of industrial installations,a register of industrial installations, LLack of a procedure for reporting to individuals, ack of a procedure for reporting to individuals,

organisations and the general public,organisations and the general public, LLack of regulations for the implementation of the Law on ack of regulations for the implementation of the Law on

Access to InformationAccess to Information AAaarhurhuss CConvenonvention not ratified.tion not ratified.


Thank you for your attention

Documents

Croatian Report on Key Achievements in Environmental Enforcement and Compliance Josipa Blažević-Perušić, B.Sc. Arch. Assistant Minister Anita Pokrovac