The Constitution of the Republic of Croatia (Official Gazette No. 56/90) constitutes a basic framework for the development of the entire legal system of the state. One of the basic constitutional rights is the right to a healthy environment. The protection of the environment is, among other things, a common duty of citizens, state, public and economic authorities. The Constitution contains, inter alias, basic definitions of the environmental and physical planning issues. The environment as a whole, particularly the sea, the coastal area and the islands, inland waters, the air, and other natural resources (as well as land, forests, flora, fauna and cultural monuments) are under the special protection of the Republic of Croatia and can only be used and exploited in compliance with the law. The law may also define adequate restrictions to be met by owners of those properties.
The Declaration on Environmental Protection (Official Gazette No. 34/92) was accepted by the Parliament and contains the principles and guidelines for future environmental policy.
The Law on Environmental Protection was accepted by the Parliament in November 1994, (Official Gazette No. 82/94) and establishes the goals and basic principles of environmental protection which up to now have not been regulated. It also delineates and regulates the issues which should be uniformly defined for all parts of the environment. Other issues that are regulated by the law include:
The aforementioned documents require the state to undertake certain commitments to develop an environmental policy, despite this, environmental issues have an unsatisfactory status at the national level.
Environmental protection has been traditionally incorporated into national health programs, social security and integrated regional planning. It is gradually being introduced - but not very successfully - in all levels of the education system (from nursery schools to universities). NGOs have significant influence in environmental education. Environmental protection is also taken into consideration when implementing the development programs of relevant sectors of the economy, such as water management, industry, energy, agriculture, forestry, and transport.
Integrated planning has a long tradition of almost 30 years of continual development. It began with the elaboration of integrated physical plans for the Adriatic region in cooperation with the United Nations Development Agency (UNDP). This process was undertaken in the period 1966-1972, and was limited to the physical planning of the southern and upper Adriatic. From 1972 to 1978, the Protection of the Human Environment Project for the Adriatic Region was implemented, a project which was based on scientific research, interdisciplinary activities, and establishing methods for incorporating the results of research in physical planning and environmental protection into regional development planning.
In the physical plans which were elaborated in the 80's, environmental protection was emphasized on all levels from local planning (1984 - Physical Plan of the Rijeka/Istria region) to the 1990 Physical Plan for the Republic of Croatia.
Environmental Impact Assessments were introduced in the early 70's, and were legally regulated from the beginning of the 80's.
The government, the Parliament, and those governmental bodies responsible for bringing forward investment proposals have the greatest influence on the investment programs and policy.
In this transition period, the role of the business representatives who are present in the government and in the Parliament is strengthening. The role that NGOs and the media play in the field of environmental protection grows stronger by the day, and currently there are about 120 active NGOs in Croatia. Environmental topics are increasingly present in the newspapers, on the radio and on the television, but the general role of public participation remains insufficient.
Ongoing coordination of governmental bodies has not been officially established, and is implemented with only some of the ministries when necessary. Despite traditionally good cooperation between the State Directorate for Environmental Protection and other sectors like water management, physical planning, nature protection, and sanitation, there is still no ongoing cooperation between governmental agencies to create an environmental protection strategy and policy. The case of the closure of the coke plant in Bakar provides an example of an ad hoc committee established by the government under the umbrella of the Ministry of Economy. This committee was responsible for coordinating all governmental bodies involved in environmental protection activities.
Science plays a role in environmental protection through scientific programs and postgraduate studies in this field offered by a number of university faculties (technology, biotechnology, medicine, civil engineering, machinery, philosophy, forestry, agriculture, economy, law, and pedagogy); scientific institutions are engaged in monitoring and analyzing various environmental components in an effort to establish pollution levels. Scientific expertise is used both to determine existing levels of pollution and to give opinions on new investments; the opinions of scientists are particularly important in cases of accidental pollution releases.
In order to give information on environmental issues to a large number of institutions, organizations and individuals, in June 1991, the State Directorate for Environmental Protection started a monthly bulletin "Okolis" ("Environment") which is distributed free of charge to approximately 1,800 addresses in Croatia and abroad. With the approval of the Center for Our Common Future, a Croatian language translation of the AGENDA FOR CHANGE, and an edited and abridged edition of Agenda 21 were prepared for broad dissemination.
Information on the environment is available to the public, but the material has not been organized beyond the publishing of temporary editions and the sorting of information according to the particular components of the environment (water management, air, sea, soil etc.). Numerous scientific institutions which carry out research work also provide information on the environment.
The State Directorate for Environmental Protection has created the Information System for the Environment Program to support decision making in the area of environmental regulation, use and protection. The program consists of a number of projects which develop information systems and corresponding databases. The system will contain information on pollution levels, selected information on the state of the environment, expert and scientific information from domestic, foreign, and international organizations, and documentation and information related to environmental protection. The program implies the creation of a decentralized, coordinated system at the national, county and local level. Program coordination is currently performed by the State Directorate for Environmental Protection. For this purpose, the Directorate has established an inter-sectoral body consisting of representatives from various state administrative bodies.
Priority is also given to the protection of the sea and surface water, which already benefit from having one of the best sets of regulations in Croatia. In this regard the new conventions regarding waters and the sea are a priority.
In some areas (such as Rijeka) air quality is a priority because of pollution from local sources which is aggravated by transboundary pollution especially from neighboring Italy. Here it is also important to mention that Croatia has signed the Convention on Transboundary Air Pollution (and the second Sulfur Protocol).
The State Directorate for Environmental Protection has been working intensively on the preparation of new laws to ensure a more efficient connection between development-related decision making and environmental protection needs, and would provide for a gradual co-ordination and supplementing of regulations, regardless of the present jurisdiction for their implementation. The Law on Environmental Protection provides a new approach to environmental damages by regulating the responsibility for all types of pollution, both for past damages and present ones.
For newly planned industrial projects which are potentially harmful to the environment, it is obligatory to perform an EIA.
The Law on Waste and related regulations treat waste management as an economic category, that is, its re-use is planned whenever possible. On the local level, unsolved waste management issues have been given priority-setting; studies for finding solutions to such problems are being implemented. Croatia has signed transboundary conventions concerning waste, including the Basel Convention. A waste management study for the Istria/Rijeka region has been implemented with grant financing from the European Investment Bank's Mediterranean Technical Assistance Program.
In the field of nature protection, the revised Law on Nature Protection was passed (Official Gazette 30/94) which specifically governs the protection, management, and use of natural resources, sets forth the rights and duties of the owners of specially protected natural resources, and governs the organization of those bodies responsible for nature protection, the management of national parks, nature parks and other specially protected areas.
The management plan study for the conservation of the Cres-Losinj archipelago was performed with World Bank support. The purpose of this plan was to identify an appropriate operational instrument to protect the area's natural, cultural and historical resources, while allowing for a balanced approach to development of the area (tourism (especially eco-tourism) agriculture, fisheries, etc.).
The Lonjsko polje Nature Park-Middle Sava Valley Project was financed by the IUCN, and is one of five projects included in the EAP. It covers one of the largest semi-wetlands left in Europe. Its regional importance is due to the presence of a threatened bird and otter population. Landscape maintainance and biological diversity both depend on the adjustment of agricultural, industrial and transport policy, and a solution for the underlying economic causes of human migration from the region.
Biodiversity conservation projects are also performed by ECO CENTER "Caput Insulae" on Cres, which deals with the protection of Adriatic dolphins and marine turtles, and the Griffon Vultures in the Kvarner Bay region.
Even when part of Yugoslavia, Croatia was involved in the implementation of several international conventions. Since independence, Croatia has begun the process of signing and ratifying various conventions on transboundary pollution, conventions which are particularly important now given the serious impact of transboundary pollution on rivers, sea, air, and forests. A preliminary study has been elaborated with Italy and Slovenia on the Management of the Adriatic Space (PALOMAR).
A change in the approach to priority setting is expected after the introduction of the environmental fund, and as the importance of public participation is increased as set forth in the new Law on Environmental Protection.
In the Republic of Croatia, legislation in the area of environmental protection is made up of a group of more than 400 regulations, most of which provide only marginal regulation of important issues.
The Physical Plan for the Republic of Croatia incorporates national environmental protection issues. In addition to the physical plan there are several sectoral strategies, such as the Strategy for Water Protection (which was prepared by the Water Management Company and then adopted by the government), the project for the development and organization of the Croatian energy sector (which is under preparation), and the draft agricultural strategy which is awaiting approval.
The legislative basis of environmental protection is characterized by fragmentation, a lack of equilibrium in solving specific issues, and a lack of regulatory co-ordination. There are major gaps in regulation and the efficiency of various provisions. A large part of the regulations are inappropriate, thus new regulations will be passed and the existing ones modified.
There is a particular lack of systematic environmental state monitoring, achievement of protection from pollution, clear definition of rights and liabilities in environmental protection, as well as that of responsibilities, control, financing and charges. The environment is currently regulated by laws which regulate the use of specific environmental media (water, sea, forests and soil), including the regulation on specific activities (transport, power supply, industry and the like).
The best legal regulations are in the field of water protection, but considerable changes are about to take place there as well. Protection of the environment or of any of its respective elements is a priority goal of the following documents: The Law on Environmental Protection, The Law on Waters, The Law on Noise Protection, The Law on Waste Management, The Law of Physical Planning, The Law on the Protection of Nature, The Law on the Protection of Cultural Heritage, Environment Impact Assessment Ordinance, and the Contingency Plan for the Protection of the Adriatic Sea from Accidental Pollution.
The country has not introduced a system of indemnities for past environmental damage, which is an important issue in the privatization program. However, pursuant to provisions of the Act on Environment, the state is liable for past liabilities; clean-up of the damage will be treated on a case-by-case basis.
When performing an EIA one is obliged to obtain the opinion of the public. The results of the public opinion survey on the construction of a waste incinerator in Zagreb resulted in the project being postponed until an integrated solution is found for the city's waste management problems. Green Action Zagreb played an important role in these events.
Public participation procedures are included in the sections of the Law on Physical Planning which deal with the drafting of physical and urban plans.
For the moment, there is no legal basis requiring cooperation between governmental and non-governmental organizations in the decision-making process. Nevertheless, there is cooperation, but it is limited to specific situations.
Cooperation between the State Directorate for Environmental Protection and non-governmental organizations has proceeded through various forms. All major documents prepared by the directorate (laws, sublegal acts, strategies) are being discussed in meetings with well-known experts and NGO representatives. Special cooperation teams are being established, which participate in the preparation of these documents. Green representatives are included in these cooperation teams, and are also invited to workshops and seminars which discuss communal activities and environmental protection, environmental protection and legislation. Furthermore, meetings of representatives of the above organizations are held, in which cooperation and concrete issues for joint participation in international conferences such as UNCED 92, Lucerne 93, etc. are discussed.
The Directorate has supported specific projects including commemorating Earth Day, publishing related books ("Last Two Minutes for a Greener Planet" by Marjorie Lamb, "War Destruction in Croatia"), providing recommendations and financial assistance to NGO members for participation in seminars, training, and the implementation of specific projects.
State funding for NGOs does not exist and is not foreseen. Subject to available resources, the Directorate provides financial assistance for the implementation of respective programs and projects, paying tuition fees and the like. Resources of the Fund for the Improvement of the Quality of the Environment will be available to NGOs. This fund is supported by annual contributions of sponsors and of firms that wish to use the environmental protection label of the Republic of Croatia.
In view of raising public awareness of the need for environmental protection, each year on June 5, on the occasion of World Environment Day, the State Directorate for Environmental Protection grants five awards for special contributions to environmental protection in the following areas: tourism, economy, agriculture, education; these awards can be given to a worthy individual, NGO, or a local self-government unit.
NGOs are active on the local level in counties, towns and municipalities. In more polluted areas such as the Bakar and Kastela bays, NGOs are more engaged.
Established monitoring programs are coordinated by the State Directorate for Environmental Protection and are operated by scientific and expert organizations and institutions.
The Ministry of Civil Engineering and Environmental Protection changed its name to the Ministry of Spatial Planning, Civil Engineering and Housing. Other sectors previously integrated within the former Ministry of Civil Engineering and Environmental Protection received autonomous status as State Directorates. Thus were created the State Directorate for Environmental Protection, the State Directorate for Cultural Heritage and Nature Protection, and the State Directorate for Geodesy. The State Directorate for Water Management has also been created within the Ministry of Agriculture and Forestry.
All activities concerning the protection of the environment previously covered by the former Ministry of Civil Engineering and Environmental Protection were transferred to the State Directorate for Environmental Protection. Activities regarding nature protection are now in the domain of the State Directorate for Cultural Heritage and Natural Protection.
There are two offices within the State Directorate for the Environment: one located in Rijeka (covering the Adriatic region), and the other located in Osijek (for the inland region.)
There are also specialized agencies for environmental protection which are organized as public companies, such as the Croatian Hazardous Waste Management Agency and the Waste Management and Environmental Protection Agency.
The Parliament has established the Board for Physical Planning and Environmental Protection. Ministries and state directorates are responsible to the government. Environmental protection is divided into three categories: protection of environmental media (water resources, sea, air, soil, climate, natural and cultural heritage), protection against adverse effects on the environment (land, noise, health, waste, occupational health, ionic radiation, chemicals, and accidents); and environmental protection (transport, economy, education, research, information, international cooperation, statistics, and technical standards).
The system of governmental bodies in charge of environmental protection in the Republic of Croatia consists of several units. Twelve of the eighteen ministries and six of twelve directorates are involved in environmental protection. We will not explain in detail all the competencies of different governmental bodies, but will give only few examples:
On the county level, new offices for physical planning, civil engineering, housing and environmental protection have been established, and an individual responsible for environmental protection and an environmental inspector have been nominated.
The Law on Environmental Protection foresees the establishment of environmental inspectorates on both the national and county level, which means that in the future there should be better control of industries. In the past, according to existing regulations, sanitary and water management inspectorates were in charge of environmental issues.
In institution-building, the biggest change occurred with the reorganization of governmental bodies, and when the State Directorate for Environmental Protection was established as an independent body. A new organizational scheme for the Directorate is under preparation. Due to the frequent changes in organizational structure of Croatian governmental bodies, new mechanisms for coordination are required. The institution-building structure in environmental protection as a whole is unsatisfactory and needs improvement, particularly the hiring of new professionals.
In elaborating EIAs, international standards are used, usually those of the EU, TA LUFT and Austria. In both greenfield developments and the reconstruction of existing plants, there is an obligation to prepare an EIA in order to obtain the location permit that forms the basis for obtaining a building permit. It may happen that some companies must face for the first time the poor state of environmental care at their plants. Monitoring results can find pollution emissions which exceed permitted figures.
Despite this, companies remain preoccupied with commercial production and a pro-active attitude towards environment protection has yet to be accepted, as it is not thought of as a production-related issue.
Standards for pollutants are underdeveloped, with the exception of those for water protection. The relevant categorization and classification of inland waters and coastal seas, and the ordinance on maximum levels for pollutants in water and sea categories have been set down in the Law on Water Management. It is necessary to establish continuous monitoring of waste water quality and quantities, as fines are paid according to the type and quantity of the pollutant. The water management inspectorate is in charge of this monitoring, and the water management company assesses the restitution fees.
Noise standards are adopted according to the Law on Noise, and other relevant regulations.
Ambient air and emissions standards will be introduced with the adoption of a law on air quality, probably in 1995.
In February of 1993, the State Directorate established a system by which an Environmental Protection Label was awarded to those products, technologies, services, and programs which are more environment-friendly than competing products. The idea for the system came from EC guidelines and the German "Blue Angel" system, but it has been adapted to Croatia's specific situation. Since the system's establishment, eight "Environmentally Friendly" labels have been awarded. The Directorate for Environmental Protection has issued a publication on the Environmental Protection Label with all the necessary data and information on the criteria for the awarding of the label, and an English-language version of the publication is under preparation.
Some economic instruments for environmental protection were introduced to stimulate more environment-friendly behavior amongst polluters and end-users. Charges for water pollution are being used which have been a useful instrument in reducing water pollution. Charges for packaging have been introduced from which those who produce packaging that is environmentally friendly are exempt. It is the role of the State Directorate for the Environment to give its opinion in these matters.
Croatia has developed a system of duty exemptions for the import of equipment and materials used for environmental purposes and solar energy production.
It is perhaps too early to speak about an environmental services sector. It is just beginning to develop mainly through joint-venture companies, Only a very small part of purely domestic companies are oriented toward environmental products and services.
Non-governmental organizations have recently gained more influence on the population and are increasing interest in environmental issues.
The first initiatives for environmental protection in the Republic of Croatia date back to the beginning of the century, and involved the protection of natural and cultural heritage. In 1928 the first national parks were created (Velebit National Park and the Plitvice Lakes Park, which were completely preserved until the 1991 war with Serbia). The National Science Organization has been publishing the journal "Priroda" (Nature) since 1911. Since 1969, the Croatian Ecological Society has been working actively and continuously in popularizing nature protection. In the course of the 70's and 80's groups of experts and scientists have brought forth their concerns for the environment, and in 1990 (when the Green Alliance of Croatia was established) there were about sixty groups of "greens". In 1972 (just before the Stockholm Conference), the Parliament of the Republic of Croatia enacted the Resolution on Environmental protection. A special environmental program called Eco-Blok was initiated in 1983, with annual publications on its work. Unfortunately, those publications were disseminated only to the administrative bodies. The former "Socialist working peoples' union" was a politically controlled organization, but had a positive influence on the coordination, collection and distribution of public information on environmental issues. There are also some professional societies (The Society for Water and Sea Protection and the Society of Engineers and Technicians) which take an active role in environmental protection.
Most of the newly-formed political parties included environmental protection in their political programs.
Currently there are more than 120 environmental NGOs, but not all of them are active. Additionally, many NGOs have yet to establish their goals, and haven't decided on which level(s) to operate (national, county, municipal, town, inter-sectoral).
NGOs have a tradition of engagement in blocking poor environmental protection decisions of governmental bodies. Due to NGO engagement, nuclear power plants and a plant for sintermagnesit on the Adriatic have not been built, and the NGOs have asked the government to commit to including gas desulfurisation equipment in the Plomin II coal-fired power plant.
The "Greens" have developed their public reputation, and the government should not and cannot ignore them. The best way to forge cooperation between governmental bodies and NGOs has not yet been found due to a lack of time and the fact that a lot of NGOs appeared very recently.
It is expected that environmental organizations as well as cooperation between the government and NGOs will improve through the implementation of the Law on Environmental Protection, and the adoption of the Strategy of Environmental Protection.
On the local level, new basic frameworks have been established giving local governments the right to introduce local fees, which provide the opportunity to collect funds for financing environmental programs carried out on the county, municipality and city level.
The role of business is increasingly emphasized, and is expected to help ensure the realization of some projects. For example, environmental investments in tourist areas are often financed by tourism enterprises; unfortunately, as there was a sharp decline in tourism starting in 1991, those investments were temporarily suspended.
The State Directorate for Environmental Protection has published a Review of Environmental Protection Projects in the Republic of Croatia (available in Croatian, English and Italian) which seeks to present to local economies the extremely promising potential of this new market. The Review should also serve as an incentive for foreign companies and financial institutions for becoming involved in this new, potentially significant ecological market.
The war on the territory of Croatia has increased the environmental problems of the country. Damage caused by the war was both direct and indirect. The rich and beautiful natural and historical heritage of the country was directly affected. The national parks of Krka, Paklenica, Mljet, the Plitvice Lakes, Kopacki rit and many other areas were subject to military attack. Indirect damage included attacks on chemical plants, such as the oil refinery at Sisak, which caused additional environmental pollution whose complete consequences still cannot be predicted, and will probably have long-term effects. The Croatian government has decided to close down all those highly-polluting industrial plants which are economically unsound. In parallel, the government is encouraging the development of clean technologies to replace the obsolete, non-profitable and polluting ones in place today.
Croatia has a total indented shoreline of 5789 km with 1185 islands and islets (66 of which are inhabited) which are highly suited to tourism because of the well-preserved nature and clean sea waters. Investments in sea protection are of great importance for the country. Because of petroleum transport and the presence of oil terminals and refineries in the Adratic, an accidental spill could occur. Special attention is being given to protecting the sea against pollution, especially oil pollution reflected in the National Contingency Plan for the Protection of the Adriatic Sea from Accidental Pollution (Official Gazette 88/93). In 1994 three oil-skimming boats were bought with a loan from the Italian government. They are posted in the most threatened area Ñ the Northern Adriatic (Istria and Rijeka Bay) Ñ and operate on a daily basis, keeping the sea clean. The main areas of direct environmental investment deal with water protection, and include the construction of sewage systems, waste water treatment plants and disposal facilities. Setting priorities in the construction of waste water facilities (the type of waste water treatment depending on the type of water system receiving the waste water Ñ river, lake, sea or underground); the implementation schedule is set according to the Plan for Water Protection (Official Gazette 22/86). The implementation of the plan is very slow because of insufficient financial support.
In the highly-developed tourist coastal zone of the Republic of Croatia, a large number of waste water treatment plants with long submarine outfall pipes have been constructed in order to obtain proper sea quality for bathing (in Pula, Porec, Umag, and Dubrovnik). In 1994 a large waste water treatment plant for the town of Rijeka was constructed and has been in operation ever since. There are a number of individual waste water treatment plants serving single hotels and tourist settlements. Two big projects supported by the World Bank have been prepared which would construct waste water treatment plants, solve solid waste management problems, and protect cultural heritage in the Rijeka/Istria Region and Kastela Bay. The war stopped the implementation of those projects, but negotiations with international financial institutions (WB, EBRD, GEF) recently started and we expect that implementation of the projects could resume soon.
Also, some towns in the continental part of Croatia (Bjelovar, Daruvar, Koprivnica, Varazdin, Virovitica, Valpovo) have installed waste water treatment plants; some of the existing plants were destroyed during the war (Gospic, Otocac).
Documentation concerning the sewage systems and waste water treatment plants has been prepared for many settlements, with some projects already under way or nearing completion.
In the other areas (waste, air, nature protection) authorities are still engaged in the preparation of proper documentation. The interest of international financial institutions in preparatory work has been very useful.
Systemic changes within the national legislative structure have had both positive and negative effects:
A positive attitude towards environmental protection was confirmed by the passage of the Basic Law on Environmental Protection.
The new structure of the State Directorate for Environmental Protection has a dual effect. On one hand, it has afforded independence from civil engineering; on the other hand a directorate has a lower status than a ministry, which will result in coordination difficulties with the ministries in charge of various issues of environmental protection; it will also result in an increase in the number of state bodies involved in environmental protection.
Croatia recently took some positive steps to strengthen environmental institutions. But further efforts are needed. For example, it is obvious that there is a lack of expertise and human resources in these institutions, and that it is necessary to have more young professionals trained in this field.
The environment is not considered a priority, but pilot environmental programs are in preparation, although very few have reached the implementation stage. It is expected in the very near future that the country will receive international assistance enabling it to start programs that in the first phase will address problems at environmental "hot spots".
In the field of institution building, for example, there was a request to the government from NGOs to establish a separate ministry of environment; instead of a ministry, a State Directorate was established.
Finally, there is no public participation in investment activities, with the exception of the later phase of environmental impact assessments.
The Environmental Strategy of Croatia is in preparation, and will be used as the basis for formulating the National Environmental Action Program (NEAP). For this purpose a special expert group has been formed by the State Directorate for Environmental Protection, the members of which include not only representatives of the Directorate but also representatives of scientific and other institutions, non-government organizations, and other ministries. It is expected to include experts from other sectors during the preparation of the strategy, as necessary. For the development of the strategy, all available materials will be used. The criteria and the guidelines of the EAP will be useful in creating the strategy, as well will those of other international and European programs.
The main aims of the strategy are to analyze the established goals and principles of environmental protection to date, and to establish mechanisms for the implementation of environmental protection policy, which will be integrated with sustainable development concepts.
The first general part of the strategy, which is being finalized, will contain:
The second part will include the strategy itself and the programs, describing the implementation of the operational plans for specific regions and sectors; these include: civil engineering, water management, industry, and others. The strategy and specific program guidelines will be prepared by an expert group of the State Directorate for Environmental Protection. Once completed, the draft will be sent to relevant ministries, governmental bodies, non-governmental organizations and other institutions so that they can give their comments and suggestions. For preparation of strategies and programs for specific sectors, special working groups will be formed by relevant institutions. It is expected that these working groups will prepare detailed plans analyzing the cost and effectiveness of the proposed programs of the strategy. In order to proceed with the realization of the strategy, the organization of environmental protection on all levels must be ensured. It will be necessary to pay special attention to the local governments (which are in the process of restructuring) and ensure that they take relevant steps to protect the environment.