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Good Governance and the Rule of Law in Croatian Environmental Policy

Good Governance and the Rule of Law in Croatian Environmental Policy. Proces uskladjivanja prava RH sa europskom legislativom 24 November 2006 Mojca Starc, Delegation of the EC to the Republic of Croatia. Proces uskladjivanja prava RH sa europskom legislativom. Information on screening

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Good Governance and the Rule of Law in Croatian Environmental Policy

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  1. Good Governance and the Rule of Law in Croatian Environmental Policy Proces uskladjivanja prava RH sa europskom legislativom 24 November 2006 Mojca Starc, Delegation of the EC to the Republic of Croatia November 2006

  2. Proces uskladjivanja prava RH sa europskom legislativom • Information on screening • Greatest challenges; • Recent completion of CARDS financed environmental legislation approximation strategy - key conclusions and next steps; November 2006

  3. Information on screening • compulsory to comply with the acquis communautaireorganized in the following sub-sectors: • Horizontal legislation • Air quality • Waste management • Water protection • Nature protection (high level of transposition, weak institutional capacity for inventarisation,monitoring, NATURA 2000 – 16 mil Euro needed for this in next 3 years) • IPPC and risk management • Chemicals (responsibilities not clear) and GMO (high level of transposition) • Noise • Nuclear safety and radiation protection • Civil protection November 2006

  4. Information on screening • TOCs • Explanatory screening in April 2006 • EC questionnaires before screening: (e.g.Do the public bodies make available spatial (including environmental) data to the public or other public authorities? If yes in which format (electronic? paper copies?). What are the specific conditions to have access to these data? • Croatian presentations took place in May 2006 - programme for approximation of the legislation presented; • additional explanations provided by Croatia in November; • Screening report to be drafted and sent to the consultation; November 2006

  5. Information on screening • Croatian representatives declared they accept the environmental acquis in its entirety but • aware of the legal, administrative and financial consequences of the acceptance of the acquis, • specific transitional periods will be needed and requested during negotiations, • European Commission: • coordination between the administration is needed and will represent a challenge, • administrative capacity and strengthening will also be a challenge, • what needs to be taken into account is the constantly evolving legal order on the EC side, new legislation is constantly enacted and will have to be applied in Croatia upon accession November 2006

  6. Greatest challenges • App. 47 300 EUR a year planned by the Ministry of Environmental Protection, Physical Planning and Construction for the period 2006-2008 for harmonisation of legislation • Strengthening of the Institutional Capacity in particular Environmental Inspection November 2006

  7. Greatest challenges • Horizontal legislation: EIA, SEA (CARDS), Aarhus (MATRA) • new Environmental Protection Act - by the end of 2006 • ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters - by the end of 2006 • amendments to the Regulation on Environmental Information System - by the end of 2007 • New implementing legal act on EIA (2007) • IPPC Directive /2007 -2008/. November 2006

  8. Greatest challenges • Waste sector: • Waste Act amended, National waste management plan by the end of the year • incineration and landfill most challenging, preparation of background information outsourced • Ordinance on packaging and packaging waste - implemented from the 1 November 2005 • Ordinance for waste oils signed in Nov 2006 • Ordinance on compensations to host settlements in summer 2006 • Ordinance on waste batteries and accumulators containing certain dangerous substances drafted • Ordinance on waste electrical and electronic devices and equipment drafted • Ordinance on end-of-life vehicles drafted • Ordinance on waste management • Hazardous waste (Phare 2006) • Investments: General measures (avoiding of waste production):70 mil €, municipal waste:2260 mil €, other waste: 920 mil €; funding available: Eco Fund 36 mil.Euro/year, IPA app.10 mil. Euro/year • Capacity atcounty level to be strengthened November 2006

  9. Greatest challenges • Water sector • New water legislation (Water Act, Water Management Financing Act, relevant secondary legislation) based on integrated approach to the entire water acquis by 2008 • Adopt the WFD Implementation Strategy and action plans • Expansion in terms of the number of monitoring stations and additional quality indicators is expected (especially groundwater) • establishment of necessary laboratory capacities (assessed to 3 – 5 years) • Fin: For 15-year period, Public water supply: 1370 mil.Euro, UWWTD implementation: 3000 mil.Euro; Watercourse regulation, flood protection 320 mil.Euro; November 2006

  10. Greatest challenges • Air quality • Ordinance for issuing permits to legal persons for performing activities of air quality monitoring by the end 2006 • Ordinance on exchange of information on air quality data from state and local air quality monitoring networks, 2006 • Regulation on delimitation of the territory of the State on zones and agglomerations according to air quality assessment, 2007 • Environmental Protection Agency: Information system of air quality data from state and local air quality monitoring networks shall be established successively by the year 2009 • Alarm system for informing public on exceeding of alert threshold for SO2, NOx i ozone end 2006 in urban, end 2009 rural • List of zones to be established by 2007 Total Investments: 1,799,300,000 EUR  • Projects: PHARE programme – construction of stations within the national network, Capacity strengthening for Kyoto Protocol – LIFE project November 2006

  11. Greatest challenges • Nature protection • Regulation on international ecologically important sites (SPA’s as part of NATURA 2000 proposal) (2008) • Ordinance on risk assessment of introduction and reintroduction of wild taxa (2007) • Designation of special protection areas (SPA’s) – Birds, Habitat • Ordinance on assessment of planned projects that can have significant effect on sites of the NEN and other protected areas (2006) • Regulation on National ecological network (2006) • Designation of potential Sites of Community Interest (pSCI’s) • Risk assessment of introduction and reintroduction of wild taxa November 2006

  12. EU assistance • Projects: • EU Environmental Law approximation • IMPLEMENTATION OF ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES AND TRAINING(Provide assistance to enhance, facilitate and strengthen the use of EIA according to EU standards and practices. The activities include capacity building in EU legal approximation, developing and implementing guidance tools for environmental impact assessment, capacity building in EIA review and increase transparency and public participation) • ENVIRONMENTAL ASSESSMENT OF DEVELOPMENT STRATEGIES(Developing a capacity to carry out Strategic Environmental Assessment. The project's activities relate to institutional, legal and administrative capacity to introduce and implement SEA processes for programmes and plans at the national and regional level and developing a pilot SEA) • Approximation of croatian water management legislation with eu acquis - voda-lex@voda.Hr - all 16 directives • Twinning: Capacity building and development of guidelines for the Implementation of the WFD November 2006

  13. CARDS financed environmental legislation approximation strategy CARDS 2002: EU Environmental Law approximation http://www.seuela.hr • implemented during the period June 2004 – October 2006 (29 months) • Outputs: • draft National Environmental Approximation Strategy for the sectors ofhorizontal legislation, waste management, air quality and industrial pollution control and risk management • draft Transposition Strategy • detailed sector approximation strategies (horizontal, waste management, air quality and industrial pollution control and risk management) and implementation plans • Institutional Report (proposal for establishment of a single Ministry of Environment-responsible for creating and communicating the policies of the environment and natural resources, including air, land, and water and a regulatory agency to implement, monitor and enforce the environmental and resource management laws, and to monitor the quality of the environment in Croatia and in the region. • it is up to the Government and relevant bodies to follow up on the activities and secure that plans and deadlines related to the approximation of EU legislation are met to the largest possible extent. November 2006

  14. Assistance from EU funds – IPA from 2007 on Programming: Središnji državni ured za razvojnu strategiju i koordinaciju fondova EU in co-operation with line Ministries • MIPD(multiannual indicative programing document) • Comp I:Transition Assistance and Institution Building Ministry of Finance: NAO, responsible for the National Fund, the onlychannel through which community pre-accession funds flow Central Financing and Contracting Unit (CFCU): responsible for tendering and contracting, thus the implementation of the programmes November 2006

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