Croatia

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Strategic Environmental Assessment in Croatia

The SEA in Croatia website is the prime site for the working implementation and development of SEA in Croatia

Colin Porter

Due to the fast changing nature of SEA implementation in Croatia, this page will need to be updated regularly

Background

Political

Formally a constituent republic of the Socialist Federal Republic of Yugoslavia, Croatia declared its independence on June 15, 1991. After the end of the ensuing war in 1996 and a period of instability a more democratically oriented government were elected in February 2000. The agreement on Stabilisation and Association was signed between Croatia and the EU on 29 October 2001 with discussions on full membership initiated shortly after.

Environmental

The diversification of landscape and economic development means that Croatia exhibits many forms of environmental degradation - from pollution of air, water and soil, to inadequate management of natural resources and biodiversity. However, Croatia's environmental problems could only be described as moderate in severity compared to other countries of Central or Eastern Europe, although the level of many atmospheric pollutants exceeds international accepted standards in some hotspots, such as the industrial towns of Zagreb, Rijeka and Split.

Constitutional

In April 2004, the government founded the National Council for Environmental Protection, an advisory body on the issues of a co-ordinated environmental protection and economic development, evaluation of draft documents developed by the Government and the Parliament, with the aim of achieving economic development harmonised with basic environment principles, based on the compliance with international environmental law and global practice.

The Croatian Environment Agency, an independent public institution founded by the Government in 2002 is a tool created for collecting, maintaining and processing environmental data, which, in the context of EIA, can be seen as the principal agent of enabling continuous research for the purpose of strategic land use planning.

SEA Regulations and Guidance in Croatia

European Legal acts/regulations

Directive 2001/42/EC of the European Parliament and the Council on the Assessment of the Effects of Certain Plans and Programmes was adopted in 2001 (SEA Directive).

Although Croatia is not a full EU member yet, the submission of its membership application to the EU in 2003 indicated the Government of Croatia's commitment to the process of adoption and implementation of the EU legislation, including the EU Directive on SEA to ensure that environmental consequences of certain plans and programmes are identified and assessed during their preparation and before their adoption. As part of the transposition of relevent EU directives, Croatia will introduce and regulate the SEA procedures in line with the Directive and the Protocol on SEA of plans, programmes and strategies (Espoo Convention) signed by Croatia in 2003.

National Legal acts/regulations

Croatia's 1990 Constitution includes an obligation to protect the environment and nature, and ensures the rights of citizens to a healthy environment. In 1994, the Environmental Protection Act (NN82/94, 128/99) followed the 1992 Declaration on Environmental Protection, which sets objectives and principles, and defines environmental liability and inspection systems.

During 2002, the National Strategy on Environmental Protection (NN46/02) and the National Action Plan on the Environment (NN46/02) were issued. The Law on Nature Protection (NN162/03) in 2003, was harmonised with the EU Directives.

Administrative arrangements/procedures for co-ordinating SEA

The statutory authorities for SEA, are the Ministry of Environmental Protection, Physical Planning and Construction (MEPPPC) and County Administrations (County offices with local environmental responsibilities, and the City of Zagreb).

How SEA is currently described

Only in one Article (Art. 34 of the Environmental Protection Act) does the Proposal prescribe the SEA, in the following way;

'SEA is a procedure that evaluates the impacts of planned executions into environment and ensures overall assessment of the environmental protection in the early stage of drafting the proposals of strategies, programs and plans and before their passing procedure'.

'the plans, programs and strategies that are subject to SEA, are documents passed by the Parliament, Government and as well as the plans and programs passed by the County Assembly or Assembly of City of Zagreb'.

'SEA will be carried out for the strategies, plans and programs in the following sectors: agriculture, forestry, fishery, energy, industry, traffic and telecommunications, waste management, water treatment and physical planning'.

'SEA will not be carried out for the strategies, plans and programs in the sector of defence, finances, budget and extrordinary situations'.

'SEA for the documents passed by the Parliament or Government, will be carried out by the MEPPPC in co-operation with the relevant authority that drafts the document'.

'SEA for the documents passed by the County Assembly or Assembly of City of Zagreb, are carried out by the County/City of Zagreb office for the environmental activities'.

'SEA procedure, data collecting, time frames for the procedure, public participation model, monitoring of the passed documents and the decision-making on the impact of the proposed execution in the document, will be prescribed by the Government'.

Application of Environmental Assessment to Plans/Programmes/Policies

SEA of physical plans are already carried out in Croatia under Article 34 of the Environmental Protection Act, which requires MEPPPC consent to such plans prior to their passing. There are no detailed provisions, however, and the assessment is rarely carried out in the same depth as is required for projects under EIA. Article 33 requires environmental factors to be taken into account in drawing up the plan of any level (town, municipality, county or state).

It is planned to include SEA as an amendment to the Environmental Protection Act, in a form that operates more through co-operation and advice than rigid requirements. The proposal of amentment in Art. 33(a and b) introduces SEA as the only legal framework at the moment in Croatia for SEA procedure and it sets a basis for its implementation in Croatia's legal system.

Amendments concerning SEA in Croatia

The amendments to the Environmental Protection Act introduced many changes for environmental assessment. Furthermore, EU funds were secured (through the CARDS programme, February 1st 2006) for the development of EIA and SEA in Croatia over an 18 month peiod. The "Environmental Assessment of Development Strategies" project aims at strengthening the legal, administrative, and institutional framework for the introduction and implementation of SEA according to EU aquis and establishing a framework for sustainable development in Croatia.

Stages in the SEA process; typically carried out, and towards full implementation

Defining the Contents and Review of the SEA report

The "Environmental Assessment of Development Strategies (SEA)" has produced the following expected results in defining the contents and review for the SEA system/report;

agreed recommendations for legislation and regulations aiming at the transposition of the EC Directive on SEA
agreed recommendations for institutional structure and capacity for execution of SEA in accordance with the proposed legislation
comprehensive methodological guidelines for SEA officers, plan developers and their consultants, including screening, scoping and review processes
completed cross-matrix study on four sector plans, provided with conclusions and recommendations
completed pilot SEA procedure, without official/formal public participation, but with the participation of non-governmental organisations

Draft SEA provisions and process

Screening

- The responsible authority must consult, in any case, with the MEPPPC when making a determination - If the responsible authority would determine that the P/P does not require an SEA, it must draft statement of its reasons containing statement of opinions from MEPPPC - The responsible authority must send a copy of the determination to the Minister (The Minister has the power to overrule the responsible authority) - The responsible authority must make decision available to the public

Scoping

- The responsible authority is responsible for scoping, but must consult with MEPPPC - The opinion of MEPPPC must be included in the environmental report

Evaluation of the environmental report

- Every draft P/P for which an environmental report has been prepared in and its accompanying report must be made available for the purposes of consultation/evaluation (the public must be given an early and effective opportunity to express opinion on the relevent documents, and the report must be evaluated by an evaluation commission)

Adoption of the P/P

- A P/P can not be adopted before the opinions have been expressed by the review commission and the public. - The responsible authority must provide information after the adoption of the P/P including a statement (on how environmental considerations have been integrated into the P/P, how the environmental report has been taken into account, how the opinions of MEPPPC have been taken into account, the reasons for chosing the P/P as adopted, the measures taken to monitor the significant environmental effects of implementation)

Evaluation of the SEA system

Moving forwards towards the objectives of 'The Environmental Assessment of Development Strategies'

During the inception phase, physical plans and sector plans that may be subject for SEA were identified, and the relevent ministries or coastal counties were contacted and required to develop and propose plan/programmes for projects that are under development, which could be identified for a pilot SEA study. The Civil Engineering Institute of Croatia was selected for preparing the pilot SEA for the Master Development Plan of the town of Sibenik. A working group consisting of representatives of the planning authority, MEPPPC, the consultant and local experts decided on the scope of the SEA study and the draft SEA study.

Contents and results of the pilot SEA

Scoping - Defining the environmental issues which are to be addressed. A discussion and definition of the scope of the pilot SEA procedure which complies with Annex II of the SEA EC Directive.

Execution - The pilot SEA study will be developed in accordance with the scoping document.

Review and Consultation - The completed SEA study will be distributed to members of the working group for review and evaluation and to express their opinion. Workshops will be organised to discuss the results and give recommendations on adjustments. After taking in the recommendations, the pilot SEA will be drafted.

Evaluation - The working group will evaluate the final SEA pilot. The final report will be sent to the Sibenik authority competent for the plan/programme. They should include the SEA study in the draft plan or programme in decision-making.

The beneficiaries

The project beneficiaries will not only be the MEPPPC but also the competent authorities that take decisions on plans and programmes requiring SEA. This includes ministries responsible for the development and relevent counties. Finally, stakeholders, NGOs, general population and preparers of SEA will also hold an interest

Implementing the SEA

Proposed distribution of roles and responsibilities

National or regional Responsible Authority (RA) (The authority that proposes the P/P);

- Screening (The RA must consult the MEPPPC and the Ministry of Culture) - Scoping (The RA must consult the MEPPPC and the Ministry of Culture) - Preparation of environmental reports (SEAs must be conducted in line with the SEA guidelines that will be adopted by the government) - Public consultation (Draft SEA provisions suggest that procedures of legislation should be followed) - Transboundary consultations (Procedure of the SEA Directive is similar to those of the Espoo Convention) - Engage other government institutes in order to facilitate the completion of effective SEA of a P/P - Incorporation of environmental considerations into their P/Ps, based on findings of the SEA - Submission of the P/P and the environmental report to the central evaluation commission - Taking into account the opinion of the central evaluation commission and the public - Inform the public, MEPPPC and Ministry of Culture of the adoption of the P/P - Monitoring of the significant environmental effects of the implementation of the P/P

Local Authorities (+ 500 municipalities)

- Screening (The RA must consult the County Environmental Protection Dpt.) - Scoping (The RA must consult the County Environmental Protection Dpt.) - Preparation of environmental reports (SEAs must be conducted in line with the SEA guidelines that will be adopted by the government) - Holding public consultations - Engage other government institutes in order to facilitate the completion of effective SEA of a P/P - Incorporation of environmental considerations into their P/Ps, based on findings of the SEA - Submission of the P/P and the environmental report to the central evaluation commission - Taking into account the opinion of the regional evaluation commission and the public - Ensuring the quality of the SEAs - Inform the public, the County Dpt for Environmental Protection and MEPPPC for adoption of the P/P

The Minister for Environment and the Minister for Culture

- Can overrule the decision of the RA that a P/P should not be made subject to SEA and determine that a P/P must be made subject of a P/P

MEPPPC or the Ministry of Culture

- A leadership role (Promoting SEA, provision of information, developing SEA poilicy, training and setting guidelines in SEA, monitoring the implementation of SEA policy, maintenance of completed SEAs plus annual report) - Advisory body (Screening and Scoping) - Evaluation role (At the earliest possible stage in the process and the relevent documents, and the persons participating) - Accreditation of SEA experts - Arbiter in disputes (between central or regional government institutions)

Central evaluation commission

- Evaluates the likely environmental effects of P/Ps and environmental reports (No veto or approval role)

County Dept. for Environmental Protection

- Leadership role in promoting SEA amongst the local authorities in the County (provision of information, monitoring the implementation of SEA policy, maintenance of completed SEAs plus annual report) - Approval body (Screening and Scoping) - Evaluation role (At the earliest possible stage in the process and relevent documents) - Arbitor in disputes (between local government institutions)

Regional evaluation commission

- Evaluates the likely environmental effects of P/Ps and environmental reports (No veto or approval role)

Independent SEA experts

- Licensed professionals accredited by MEPPPC to conduct SEAs as commissioned by the RA

Technical agencies (Such as the Environment Agency or the State Institute for Nature Protection)

- Provision of information and environmental data needed to conduct an SEA - Co-operation upon request of RA

All Ministers

- Responsible and accountable for ensuring that SEA of relevent P/P are conducted and assessed

Public

- The rights of the public (To know about P/P and environmental report, to comment on P/P and environmental report, to have their comments taken into account before and after the adoption of P/P, to be informed of the decision on P/P of which the SEA has been conducted)

The potential affected member state and its public

- Any transboundary significant effects of the potential P/P have to be taken into account by RA (Their rights include comment on P/P, to have their comments taken into acoount before and after the adoption of P/P, to be notified of final decision)

Case studies and reports towards the implementation of SEA

Due to the implementation of SEA in Croatia still being an ongoing process, only work on one case study can be provided. This is the of the Master Development Plan of the City of Sibenik. The documents produced are arranged in chronological order;

Preliminary evaluation of the planning documentation and input data and the initial proposal of significant physical planning locations for development of the city of Sibenik report