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Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia. 1st BERCEN Exchange Program Brijuni Island, Croatia November 26-30, 2002 Anita Pokrovac Patekar Gordana Pehnec Pavlović.
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Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange Program Brijuni Island, Croatia November 26-30, 2002 Anita Pokrovac Patekar Gordana Pehnec Pavlović
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia Ministry of Environmental Protection and Physical Planning Inspection Division Current Status • Department of Inspection of Structures under Construction • Department of Physical Planning Inspection • Department of Environmental and Nature Protection Inspection • Department of Legal Affairs, Monitoring and Execution Procedure
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia The Inspection Division employs 8 senior inspectors and 25 inspectors, in charge of inspection control over the implementation of environmental laws and regulations. Duties of an inspector at the MoEPPP, along with the above, include: • Supervising implementation of ratified international treaties in the field of environmental protection; • Resolving second-instance complaints against first-instance inspection decisions; • Proposing environmental improvement measures; • Determining guidelines for work and enforcement of the set environmental regulations and measures.
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia The key problems related to the inspectorate activity include: • Unsynchronised action of inspection services of certain ministries (for health, labour, waters, environmental protection and physical planning) • Insufficient number of environmental protection inspectors, particularly in large industrial centres such as Zagreb, Split, Rijeka, Osijek • Insufficient number of nature conservation inspectors • Lack of modern quick-reaction technical equipment and support of information technology • Un-harmonized regulations underlying the activities of all bodies of the MoEPPP and other inspectorates
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia INSTITUTIONS CONNECTED TOEPAs Administrative bodies performing tasks significant for environment protection in the scope of their activities
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia Needs in the cooperation with other institutes areas follows: • National inspectorates with integrated approach in enforcement • Integral inspectors covering all aspects of environmental health and protection issues • National and regional coordination bodies for environmental crime • National crime investigation bodies for environmental crime • National institute for environmental research dedicated to the Inspectorate
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia PERMITTING SYSTEM AND CONNECTION TO EPA Needs in the permitting are as follows: • Improve advising possibility/capability • Improve compulsory advising capability • Rejecting/accepting of permit application • Increase personnel in permit checking
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia ENVIRONMENTAL CONTROL Needs in compliance checking are as follows: • Compliance checking planning procedures • Communication skills cooperation with other authorities • Compliance promotion strategies • Code of conduct for compliance checking • Condoning strategy • Non-compliance response strategy
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia ENFORCEMENT PROCEDURES The needs in executive powers are as follows: • Technical training in enforcement practices - continuous training programmes aiming to strengthen the administrative capacity for enforcement in the fields of chemicals, waste management, major accidents prevention, integrated pollution prevention and control • Training in law • Human resources management • Planning
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia DATA STORAGE AND RETRIEVAL SYSTEMS Environmental Protection Information System Just like numerous other countries, especially those in transition, Croatia is suffering from: • The lack of basic data on the state of the environment • The shortage of information about the existing data • The shortage of adequate statistical data and especially of qualitative and quantitativedata on interconnections between development activities and the state of environmentthe so-called indicators that provide a foundation for the process of (political)decision-making
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia Needs in data storage and retrieval are as follows: • Software for databases • Training in use of databases • Computer hardware • Industrial activities inventory
ENVIRONMENTAL MONITORING SYSTEM Needs in monitoring are as follows: Consulting and technical support Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia COMPLIANCE ASSESSMENT Needs in compliance assessment are as follows: • Development and implementation of strategy on compliance assessment on the basis of compliance indicators • More inspectors
Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia ENFORCEMENT PERFORMANCES AND REPORTING CAPABILITIES Needs in enforcement indicators and reporting capabilities are as follows: • Indicator based reporting • Annual report writing • Credibility testing “peer” reviews
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