report on the current legal structure and resources available to the environmental protection...

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Report on the current legal structure and Report on the current legal structure and resources available to the environmental resources available to the environmental protection agencies and inspectorates in Croatia protection agencies and inspectorates in Croatia 1st BERCEN 1st BERCEN Exchange Program Exchange Program Brijuni Island, Croatia Brijuni Island, Croatia November 26-30, 2002 November 26-30, 2002 Anita Pokrovac Patekar Anita Pokrovac Patekar Gordana Pehnec Pavlović Gordana Pehnec Pavlović

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Page 1: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

Report on the current legal structure and resources available Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in to the environmental protection agencies and inspectorates in

CroatiaCroatia

1st BERCEN 1st BERCEN

Exchange ProgramExchange ProgramBrijuni Island, Croatia Brijuni Island, Croatia

November 26-30, 2002November 26-30, 2002

Anita Pokrovac PatekarAnita Pokrovac Patekar

Gordana Pehnec PavlovićGordana Pehnec Pavlović

Page 2: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 3: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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.

Page 4: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 5: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia

INSTITUTIONS

CONNECTED TO EPAs

Administrative bodies performing tasks significant for environment protection in the scope of their activities

Agricultural land management, genetically modified food Ministry of Agriculture and Forestry Forest protection Protection against noise Protection against radioactivity Ministry of Health Hazardous substances

Ministry of Maritime Affairs, Transport and Communications

Sea protection

Ministry of Education and Sport Environmental Education Ministry of Defence Hazardous substances

Fire Ministry of Interior

Hazardous substances Waste import

Ministry of Economy ODS import/export

Ministry of Justice and Public Administration

Penal code

Scientific research Scientific projects and environment protection

Ministry of Science and Technology

Higher education State Water Directorate Water management State Institute for Standardization and Metrology

Standards

Institute for Toxicology Hazardous substances Hydrological and Meteorological Service of Croatia

Climate

Page 6: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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 are as 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

Page 7: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 8: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 9: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 10: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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 quantitative data on interconnections between development activities and the state of environment the so-called indicators that provide a foundation for the process of (political) decision-making

Page 11: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 12: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia

ENVIRONMENTAL MONITORING SYSTEM

Needs in monitoring are as follows:

Consulting and technical support

Page 13: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 14: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

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

Page 15: Report on the current legal structure and resources available to the environmental protection agencies and inspectorates in Croatia 1st BERCEN Exchange

Thank you for your attention!

Enjoy your stay in Brijuni National Park, Croatia!