COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - CROATIA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 14
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 45 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - CROATIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 45 final.
Encl.: SWD(2017) 45 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 45 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - CROATIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{COM(2017) 63 final i} {SWD(2017) 33- 44 final} {SWD(2017) 46 - 60 final}
Croatia 2
This report has been written by the staff of the Directorate-General for Environment, European Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
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More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.11 – ©BettinaRitter/iStock, p.11 – ©LIFE02 TCY/CRO/014/, p.13 – ©vuk8691/iStock, p.22 – ©majaiva/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 6
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 6
Developing a circular economy and improving resource efficiency ..................................................... 6
Waste management .............................................................................................................................. 8
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10
Nature and Biodiversity ....................................................................................................................... 10
Estimating Natural Capital................................................................................................................... 11
Green Infrastructure ........................................................................................................................... 12
Soil protection ..................................................................................................................................... 12
Marine protection ............................................................................................................................... 13
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15
Air quality ............................................................................................................................................ 15
Noise ................................................................................................................................................. 16
Water quality and management ......................................................................................................... 16
Enhancing the sustainability of cities .................................................................................................. 18
International agreements ................................................................................................................... 18
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 19
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 19
Green taxation and environmentally harmful subsidies ..................................................................... 19
Green Public Procurement .................................................................................................................. 19
Investments: the contribution of EU funds ......................................................................................... 20
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 22
Effective governance within central, regional and local government ................................................. 22
Compliance assurance ......................................................................................................................... 24
Public participation and access to justice ........................................................................................... 25
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Access to information, knowledge and evidence ................................................................................ 25
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Executive summary
About the Environmental Implementation Review parks and diverse marine and terrestrial ecosystems.
In May 2016, the Commission launched the Croatia’s economic development depends largely on Environmental Implementation Review (EIR), a two-year these resources and in particular tourism sector. cycle of analysis, dialogue and collaboration to improve However, the expansion of tourism has undoubtedly the implementation of existing EU environmental policy both a direct and an indirect impact on the environment and legislation 1 . As a first step, the Commission drafted which includes pressure on biodiversity, increase in 28 reports describing the main challenges and waste generation and water and energy consumption. All opportunities on environmental implementation for each these pressures need to be addressed adequately. Member State. These reports are meant to stimulate a Sustaining Croatia's economic development depends positive debate both on shared environmental challenges essentially on effective natural resources management, for the EU, as well as on the most effective ways to increased investments and ensuring compliance with the address the key implementation gaps. The reports rely on EU environmental legislation. The most critical sector the detailed sectoral implementation reports collected or that needs urgent action is waste management. The issued by the Commission under specific environmental transition to a more circular economy is slow and it will legislation as well as the 2015 State of the Environment require strong involvement of policy-makers, business Report and other reports by the European Environment actors and consumers. The designation of Natura 2000 Agency. These reports will not replace the specific sites and implementing conservation measures represent instruments to ensure compliance with the EU legal a challenge as well.
obligations. Main Challenges
The reports will broadly follow the outline of the 7th The three main challenges with regard to
Environmental Action Programme 2 and refer to the 2030 implementation of EU environmental policy and law in
Agenda for Sustainable development and related Croatia are:
Sustainable Development Goals (SDGs) 3 to the extent to
which they reflect the existing obligations and policy Improving waste management in particular
objectives of EU environmental law. increasing recycling of municipal waste to meet the EU recycling target by 2020 and facilitate the
The main challenges have been selected by taking into transition to a more circular economy together with account factors such as the importance or the gravity of the improvement of resource efficiency and ecothe environmental implementation issue in the light of innovation. the impact on the quality of life of the citizens, the
distance to target, and financial implications. Completing the designation of Natura 2000 sites (marine SCIs and SPAs and SACs) and ensuring their
The reports accompany the Communication "The EU effective management.
Environmental Implementation Review 2016: Common
challenges and how to combine efforts to deliver better Prioritising the implementation of projects necessary results", which identifies challenges that are common to for the fulfilment of the requirements of the several Member States, provides preliminary conclusions Accession Treaty with respect to Urban Waste Water on possible root causes of implementation gaps and Treatment Directive and Drinking Water Directive.
proposes joint actions to deliver better results. It also Main Opportunities
groups in its Annex the actions proposed in each country
report to improve implementation at national level. Croatia could perform better on topics where there is already a good knowledge base and good practices. This
General profile applies in particular to:
Croatia is characterised by rich natural heritage, with an Learning from the local examples of good waste abundance of water, remarkable coastal waters, natural management practices and replicating them in less
successful regions.
1 Communication "Delivering the benefits of EU environmental policies Ensuring effective protection and restoration of through a regular Environmental Implementation Review" Croatia's natural capital, especially under the Natura
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union 2000 network so as to maximise potential benefits
Environmental Action Programme to 2020 " Living well, within the deriving from ecosystem services which can serve as
limits of our planet ". powerful economic drivers, including through green
3 United Nations, 2015. The Sustainable Development Goals
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tourism and other sustainable activities.
Turning waste into resource and low recycling rates into business opportunities.
Points of Excellence
There are several examples of good practices of environmental implementation or innovative approaches that could serve as an example. These are:
Eco Island Krk is ecologically based system for management of municipal waste, which represents an integral model of waste disposal, first of its kind in Croatia. In 2015, the municipality has reached 50% of waste separation and the preparation for re-use and the recycling, therefore already meeting the 2020 target under the Waste Framework Directive. A great importance is given to the promotion of the system and education of users.
An EU-funded project on modernisation of the water and wastewater infrastructure has been finalised in
Slavonski Brod 4 . Its main objective was to ensure
that it meets European standards, bringing benefits to inhabitants and safeguarding the environment of the River Danube Basin.
In October 2015, Croatia prepared the Green Book: the technical basis for the development of low carbon strategy for Croatia for the period until 2030 with an outlook to 2050. This strategy sets the path towards a competitive low-carbon economy. It applies to all sectors of the economy and human activities, but it is especially related to the energy, industry, transport, agriculture, forestry and waste management. It is superior to the sector strategies, although operationally implemented through the individual sectors.
4 http://ec.europa.eu/regional_policy/en/projects/croatia/improvingwater-supply-and-wastewater-treatment-in-slavonski-brod
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Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving Figure 1: Resource productivity 2003-15 8
resource efficiency
The 2015 Circular Economy Package emphasizes the need to move towards a lifecycle-driven ‘circular’ economy, with a cascading use of resources and residual waste that is close to zero. This can be facilitated by the development of, and access to, innovative financial instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the
sustainable management and efficient use of natural There exists broad based consensus that there is no longresources
by 2030. term involvement in the push to the transition to a circular economy which presents a great challenge for
Croatian policy-makers, national and local authorities, as
Measures towards a circular economy well as to economic actors, such as business and
Transforming our economies from linear to circular offers consumers. Yet, there exists growing awareness among the opportunity to reinvent them and make them more these actors that current circumstances demand sustainable and competitive. This will stimulate systematic change in business and market models, investments and bring both short and long-term benefits product design, ways of transferring waste to resources,
for the economy, environment and citizens alike 5 . and in the producers and consumers’ related values and
Given the low resource productivity 6 and low recycling behaviour.
rates in Croatia, promoting a circular economy and In Croatia, the most relevant policies for the improving resource efficiency could stimulate development of circular economy and eco-innovation investment. Resource productivity in Croatia (how include:
efficiently the economy uses material resources to
produce wealth), has improved slightly over the last ten − Sustainable Development Strategy of (2009) years, however, it is still much below the EU average, − Strategic plan of Ministry of Environment and Nature with 1.1 EUR/kg (EU average is 2.0 EUR/kg) in 2015 as Protection 2015-2017 shown in Figure 1 7 . − National renewable energy action plan until 2020
− Strategy for innovation encouragement of the Croatia’s environmental and socio-economic issues
indicate that Croatia is only beginning its transition from Republic of Croatia 2014-2020 − Third national plan for energy efficiency 2014-2016
a linear to a circular economy. Six years period of
economic recession, a general lack of adequate policies and and competences and a regulatory framework that − Waste Management Strategy
remains only partially adjusted to EU regulations Other related policy instruments in the area of circular contribute to Croatia’s lag in its transition towards a economy include the Energy Efficiency Act (2015), circular economy. Croatian research and innovation infrastructures
roadmap (2014), National action plan for Green procurement (2015) and Act on Renewable Energy Sources and High Efficient Cogeneration (2015).
5 European Commission, 2015. Proposed Circular Economy Package
6 Resource productivity is defined as the ratio between gross domestic
product (GDP) and domestic material consumption (DMC).
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SMEs and resource efficiency Figure 2: Eco-Innovation Index 2015 (EU=100) 9
SMEs in Croatia account for 56.2% of total value added - compared with 58% in the EU - and provide 67% of total employment, which is close to the EU average. Since
2008, the value added of Croatian SMEs has dropped by over 25% and their employment by nearly 13%. The outlook for the period 2014-2016 offers a gradual recovery. SME employment is predicted to grow by over
3%, creating about 21 700 new jobs by 2016. SME value added is expected to increase by 6%. The forecast is particularly encouraging for micro enterprises, as their value added is projected to rise by 9% and their employment by 6%.
In the Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" it is shown that in 2015
57% of Croatia's SMEs have invested up to 5% of their annual turnover in their resource efficiency actions, 23% of them are currently offering green products and services, 64% took measures to save energy (EU28 average 59%), 66% to minimise waste (EU28 average
60%), 51% to save water (EU28 average 44%), and 53% to save materials (EU28 average 54%). From a circular economy perspective, 33% took measures to recycle by reusing material or waste within the company, 18% to design products that are easier to maintain, repair or reuse and 27% were able to sell their scrap material to another company.
Cost saving is by far the most common reason for taking
resource efficiency actions (68% of SMEs in the EU). In Within EU funding programs, the Competitiveness and Croatia, 71% of the SMEs taking resource efficiency Innovation Framework Programme (CIP) is considered actions are doing so for cost savings. In fact, according to very successful in terms of co-financing projects related the Flash 426 Eurobarometer, the resource efficiency to eco-innovation. CIP concludes at the end of 2016, but actions undertaken allowed the reduction of production programs, such as HORIZON 2020 may further stimulate costs in a 51% of the Croatian SMEs. the development of eco-innovation, continue running.
The Flash 426 Eurobarometer "SMEs, resource efficiency Croatia underwent a significant period of economic and green markets" defines "green job" as a job that recession from 2008 until 2014, which had significant directly deals with information, technologies, or negative impacts on the scope of investments, including materials that preserves or restores environmental those in clean technologies. A major consequence of the quality. This requires specialised skills, knowledge, recession included significantly less funds allocated for training, or experience (e.g. verifying compliance with environmental improvements as well as for research and environmental legislation, monitoring resource efficiency development in the environmental technologies sector. within the company, promoting and selling green In 2014 and 2015 a modest growth of production was products and services) shows that 45% of the SMEs in observed and slow rates of growth are also predicted for Croatia have one or more full time employee working in a the year 2016. Thus, access to investments for ecogreen job at least some of the time. Croatia has an innovation and circular economy development remain average number of 3 full time green employees per SME. mainly provided through EU funds.
Eco-innovation could be further developed and
Eco-Innovation promoted in Croatia. A targeted eco-innovation policy
For the year 2015 Croatia is ranked low among the EU-28 still does not exist. Current efforts of responsible bodies countries in terms of eco-innovation performance as to support technological innovation in general (which shown in Figure 2. The country has achieved an index primarily focus on the small and medium-sized business 33% lower than the EU average. This places Croatia fifth sector) may not be sufficient to improve eco-innovation.
from the bottom in the EU-28 ranking of eco-innovation,
which is the same ranking Croatia held in 2013. 9 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
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Regarding the Eco-Management and Audit Scheme Figure 3: Municipal waste by treatment in Croatia 2007-
(EMAS) registration, Croatia, is one of the two Member 14 12
States, having no EMAS registration in the country. All administrative procedures are in place, but there is no official promotion strategy in place.
Regarding Ecolabel licenses, Croatia is within the lowest achieving group of EU countries. Indeed, it has had less than 10 Ecolabel licenses.
Suggested action
• Strengthen the policy framework to speed up the uptake of the circular economy by all economic sectors..
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill
diversion targets etc. Recycling of municipal waste (including composting)
− Reducing per capita waste generation and waste remains quite low (17% in 2014 compared to the EU
generation in absolute terms. average of 44% in 2014); significant efforts will be
− Limiting energy recovery to non-recyclable materials needed to meet the EU recycling target by 2020 as shown
and phasing out landfilling of recyclable or in Figure 4
13 .
recoverable waste. Figure 4: Recycling rate of municipal waste 2007-14 14
SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
The EU's approach to waste management is based on the
"waste hierarchy" which sets out an order of priority when shaping waste policy and managing waste at the operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery).
The progress towards reaching recycling targets and the
adoption of adequate WMP/WPP 10 should be the key
items to measure the performance of Member States.
This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Municipal waste 11 generation has slightly decreased in Landfilling of municipal waste accounts for 83% whereas
2014 breaking the upward trend since 2010 and the EU average is 28% (2014). The amount of landfilled remaining considerably below the EU average (387 Biodegradable Municipal Waste (BMW) is decreasing.
kg/y/inhabitant compared to around 475
kg/y/inhabitant). Furthermore, in 2013, 115% of BMW was landfilled compared to the reference year 1997. Therefore, the EU
Figure 3 depicts the municipal waste by treatment in Accession Treaty target for 2013 (to landfill a maximum
Croatia in terms of kg per capita, which shows a slight increase in recycling and reduction in landfilling.
12 Eurostat, Municipal waste and treatment, by type of treatment
method, accessed October 2016 13 Member States may choose a different method than the one used by 10 Waste Management Plans/Waste Prevention Programmes ESTAT (and referred to in this report) to calculate their recycling rates 11 Municipal waste consists of waste collected by or on behalf of and track compliance with the 2020 target of 50% recycling of
municipal authorities, or directly by the private sector (business or municipal waste.
private non-profit institutions) not on behalf of municipalities. 14 Eurostat, Recycling rate of municipal waste , accessed October 2016
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amount of BMW equivalent to 75%) was clearly missed. the change of the government. A new draft WMP for the
In addition, illegal landfilling remains an important period 2016 – 2022 was prepared and the government
problem in Croatia 15 , and even though a great effort has planned to adopt it by the end of 2016. It has finally been
been taken for remediation and consequently closing adopted in January 2017. The WPP is an integral part of illegal dumping sites, there is still scope for improvement. the new WMP.
The underlying causes for the current distance to EU Suggested action
waste targets are: suboptimal planning of waste
management, insufficient incentives to manage waste • Focus more effort on implementation of the separate according to the waste hierarchy, insufficient (door-tocollection obligation to increase recycling rates. door) separate collection of waste, lack of clear allocation Introduce and gradually increase landfill taxes to of tasks and lack of co-ordination between the different phase-out landfilling of recyclable and recoverable administrative levels, and insufficient enforcement waste. Use the revenues to support the separate capacity. Although Croatia has invested in improvements collection and alternative infrastructure in conjunction to its waste management services, to date, most of the with a use of the cohesion policy funds to the first investment has been focussed on residual waste steps of waste hierarchy. Investments in the treatment. At the lower levels of the hierarchy, and at infrastructure for the treatment of residual waste the local level, however, there is insufficient funding should be carefully planned in order to avoid building available to develop and operate source segregated excessive capacity. collection services. • Undertake a review of the extended producer
responsibility schemes to improve their effectiveness. An example to look upon is Eco Island Krk, as already explained in the Executive summary.
Croatia has joined the European Union relatively recently, and compliance with the legislation has therefore required significant changes to the country’s waste management system and legislation in recent years.
In order to help bridge the implementation gap in
Croatia, the Commission has delivered a roadmap for compliance in which economic instruments play a crucial
role 16 .
The Commission initiated the infringement procedure against Croatia for the non-conformity of the Croatian legislation with the Waste Framework Directive. The assessment of conformity of the national legislation with other EU directives in the waste sector will follow.
Croatia was late in adopting the national waste management Plan (WMP) and the waste prevention programme (WPP) (the deadline was 31 December
2014 17 ), which are the necessary tools to reflect on the
existing policies and develop a strategy to achieve the EU waste management targets. These are key implementation documents also relevant to secure key
EU funds under cohesion policy. The situation was reflected in the infringement case for the lack of a valid
WMP and WPP.
A draft WMP for the period 2015-2021 was prepared in late 2015. However, its adoption has been delayed due to
15 Partnership agreement for the European Structural and investment
funds in the EU financial period 2014-2020
16 European Commission, Support to Implementation – The Commission helps 8 Member States to improve their municipal waste
management .. Fact sheet for Croatia .
17 http://mzoip.hr/doc/act_on_sustainable_waste_management.pdf ,
Article 181
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity some insufficiencies in terms of designation (see Figure
The EU Biodiversity Strategy aims to halt the loss of 5
21 ).
biodiversity in the EU by 2020, restore ecosystems and Figure 5: Sufficiency assessment of SCI networks in their services in so far as feasible, and step up efforts to Croatia based on the situation until December 2013
avert global biodiversity loss. The EU Birds and Habitats (%) 22
Directives aim at achieving favourable conservation status of protected species and habitats.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive The 6-year deadline required by the Habitats Directive to and as Special Protection Areas (SPA) under the Birds designate the Special Areas of Conservation and establish Directive is a key milestone towards meeting the appropriate conservation measures has not yet expired.
objectives of the Directives. The results of Habitats
Directive Article 17 and Birds Directive Article 12 reports According to the information submitted by Croatian and the progress towards adequate Sites of Community authorities, the funding for the implementation of the Importance (SCI)-SPA and SAC designation 18 both in land Habitats and Birds Directives is insufficient
23
. As the
and at sea, should be the key items to measure the prioritised action framework (PAF) has not been performance of Member States. prepared, estimate of the financing needs to fulfil the
obligations under these Directives was done in the
The Croatian Natura 2000 network under the Habitats process of preparation of the OPs under European and the Birds Directives was officially designated in 2013 Structural and Investment Funds – ESI funds. The and amended in 2015. The Natura 2000 network covers extensive work is underway within several national
36.5% of Croatian land area (2 nd largest network in the projects (with the use of ESI funds) to map biodiversity
EU in relation to MS area) and significant marine area
(4986 km 2 ) 19 . By 2015, Croatia designated 741 sites of Directive, are sufficiently represented by the sites designated to
community interest (SCI) and 38 special protection areas date. This is expressed as a percentage of species and habitats for
(SPA). which further areas need to be designated in order to complete the
network in that country. A scientific reserve is given when further
While the terrestrial part of the network can now be research is needed to identify the most appropriate sites to be added
considered complete 20 , the marine part still presents for a species or habitat. The current data , which were assessed in
2014-2015, reflect the situation up until December 2013. 21 The percentages in Figure 5 refer to percentages of the total number 18 Sites of Community Importance (SCIs) are designated pursuant to the of assessments (one assessment covering 1 species or 1 habitat in a
Habitats Directive whereas Special Areas of Protection (SPAs) are given biographical region with the Member State); if a habitat type or designated pursuant to the Birds Directive; figures of coverage do a species occurs in more than 1 Biogeographic region within a given not add up due to the fact that some SCIs and SPAs overlap. Special Member State, there will be as many individual assessments as there Areas of Conservation (SACs) means a SCI designated by the Member are Biogeographic regions with an occurrence of that species or States. habitat in this Member State.
19 European Commission, Natura2000 nature and biodiversity 22 European Commission, internal assessment. newsletter January 2016 23 Milieu Ltd., 2016. Evaluation Study to support
20 For each Member State, the Commission assesses whether the the Fitness Check of the Birds and Habitats Directives - Draft Final species and habitat types on Annexes I and II of the Habitats Report for the European Commission, January 2016
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components and to establish the monitoring and Suggested action
reporting systems. The work on the Natura 2000
management framework in the following years should • Complete the SAC designation process and put in place establish the necessary management structures and clearly defined conservation objectives and the design concrete measures on the site level. However, necessary conservation measures for the sites and there is a lack of efficient cooperation with some sectors provide adequate resources for their implementation (e.g. energy and fisheries) which can be an obstacle to in order to maintain/restore species and habitats of achieving the objectives of the directives. Some steps community interest to a favourable conservation status have been taken to strengthen cooperation with the across their natural range. water sector, but more effort is needed for the effective • Develop the prioritised action framework (PAF) to integration of nature and biodiversity protection enable the strategic financial planning and ensure the objectives into water management. adequate EU co-financing for the next programming
period according to the identified needs. In 2016, the Commission initiated infringement procedures against Croatia for non-conformity of the national legislation with the Habitats Directive and the
Birds Directive. Croatia has committed to rectify the instances of non-conformity by the end of 2016.
However, in December 2016 we have been informed that we should expect a half a year delay.
Croatia has joined the EU in 2013 and therefore has not yet reported on the conservation status of habitats and species covered by the Habitats Directive and the status of the implementation of the Birds Directive. The first report is due in 2019.
The majority of natural habitats are contracting: Estimating Natural Capital
watercourses and adjacent wetlands due to regulation
works; coastal habitats due to building and tourism The EU Biodiversity Strategy to 2020 calls on the Member related activities; grasslands overgrowing due to ceasing States to map and asses the state of ecosystems and of traditional use - mowing and grazing. Fragmentation of their services in their national territory by 2014, assess habitats was increased due to increased building of the economic value of such services, and promote the highways and other roads. integration of these values into accounting and reporting
systems at EU and national level by 2020.
Croatia has completed a Study on Freshwater Ecosystem
Services 2425 according to the Millennium Ecosystem
Assessment (MA), with a focus on lowland river ecosystems and services in the Danube basin. A mapping exercise for terrestrial habitats is underway, as a basis for the mapping and assessment of ecosystems and their services.
Suggested action
• Strengthen support for the mapping and assessment of ecosystems and their services, and valuation work and develop natural capital accounting systems.
The construction of roads and other transport routes typically results in habitat fragmentation. However, in
Croatia potential threats to large carnivores from highway construction have been reduced through the construction of green bridges, serving as animal corridors. Today there are 11 such crossings, which are regularly monitored, including the use of camera traps
that document what is happening on individual crossings. 24 Ecosystem services are benefits provided by nature such as food,
Monitoring proves that crossings are highly effective and clean water and pollination on which human society depends. 25 http://www.hr.undp.org/content/dam/croatia/docs/Research%20and
used regularly by large carnivores and other animals. %20publications/environment/Study%20of%20Freshwater%20Ecosy
stem%20Services%20in%20Croatia_FINAL_eng.pdf
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Green Infrastructure SDG 15 requires countries to combat desertification,
restore degraded land and soil, including land affected by
The EU strategy on green infrastructure 26 promotes the desertification, drought and floods, and strive to achieve
incorporation of green infrastructure into related plans
and programmes to help overcome fragmentation of a land-degradation-neutral world by 2030.
habitats and preserve or restore ecological connectivity, Soil is an important resource for life and the economy. It enhance ecosystem resilience and thereby ensure the provides key ecosystem services including the provision continued provision of ecosystem services. of food, fibre and biomass for renewable energy, carbon
Green Infrastructure provides ecological, economic and sequestration, water purification and flood regulation, social benefits through natural solutions. It helps to the provision of raw and building material. Soil is a finite understand the value of the benefits that nature provides and extremely fragile resource and increasingly to human society and to mobilise investments to sustain degrading in the EU. Land taken by urban development and enhance them. and infrastructure is highly unlikely to be reverted to its
There are some good examples of the use of natural natural state; it consumes mostly agricultural land and
solutions in Croatia, in particular for flood protection. The increases fragmentation of habitats. Soil protection is indirectly addressed in existing EU policies in areas such
largest floodwater retention area in the Central Sava as agriculture, water, waste, chemicals, and prevention
Basin is located in the Lonjsko Polje Nature Park, of industrial pollution.
combining the ecological and landscape diversity values
of natural floodplains and wetlands with the storage of Figure 6 shows the different land cover types in Croatia in floodwaters of the Sava River. 2012.
However, a more strategic approach to flood risk Figure 6: Land Cover types in Croatia 2012 27
reduction is needed to ensure that environmental impacts are duly considered and that Flood Risk
Management Plans are coordinated with River Basin
Management Plans. The use of natural water retention measures should be prioritised to deliver environmental, social and economic benefits.
Having in mind that roughly one third of the Croatian
Natura 2000 network is agricultural land, the Rural
Development Programme of Croatia for the period 2014-
2020 includes a sub-measure to “support non-productive investments linked to the achievement of agrienvironment-climate objectives”. Within this submeasure, restoration of habitats important for biodiversity conservation (e.g. meadows, pastures and ponds for livestock watering) can be financed.
Additionally, in order to ensure maintenance and preservation of the valuable habitats, a sub-measure on
“payment for agri-environment-climate commitments” was developed.
Soil protection
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the
preservation of its functions, as well as the restoration of Artificial land cover is used for settlements, production degraded soils. The 2011 Road Map for Resourcesystems and infrastructure. It may itself be split between Efficient Europe, part of Europe 2020 Strategy provides built-up areas (buildings) and non-built-up areas (such as that by 2020, EU policies take into account their direct linear transport networks and associated areas).
and indirect impact on land use in the EU and globally, The annual land take rate (growth of artificial areas) was and the rate of land take is on track with an aim to 0.41% over the period 2006-2012, identical to the EU achieve no net land take by 2050. average (0.41%). It represented 783 hectares per year
26 European Union, Green Infrastructure — Enhancing Europe’s Natural 27 European Environment Agency, Land cover 2012 and changes country
Capital, COM/2013/0249 analysis [publication forthcoming]
Croatia 13
and is increasingly driven by the sprawl of industrial and Mediterranean (Barcelona Convention). The
commercial units 28 . The percentage of built up land in Mediterranean Sea region has been identified by the EEA
2009 was 2.19%, below the EU average (3.23%) 29 . in its 2015 State of the Environment report as one of the
The soil water erosion rate in 2010 was 3.09 tonnes per main climate change hotspots (i.e. one of the areas most
ha per year, close to EU-28 average (2.46 tonnes) 30 . responsive to climate change) due to water scarcity, concentration of economic activities in coastal areas, and
There are still no EU-wide datasets enabling the provision reliance on climate-sensitive agriculture. The of benchmark indicators for soil organic matter decline, introduction of invasive alien species presents an contaminated sites, pressures on soil biology and diffuse important threat in the Mediterranean Sea Region with pollution. An updated inventory and assessment of soil the number of invasive alien species increasing protection policy instruments in Croatia and other EU significantly since 1970. Finally, the unique biodiversity of Member States is being performed by the EU Expert the Mediterranean Sea Region is also threatened by Group on Soil Protection. pollution from land-based sources, such as discharges of
Marine protection excess nutrients and hazardous substances, marine litter, over-fishing, and degradation of critical habitats.
The EU Coastal and Marine Policy and legislation require The Commission is currently assessing the conformity of
that by 2020 the impact of pressures on marine waters is
reduced to achieve or maintain good environmental Croatian legislation with the MSFD.
status and coastal zones are managed sustainably. With regards to specificities of implementation of the
MSFD, Croatia has defined GES for all descriptors 33 ;
SDG 14 requires countries to conserve and sustainably
use the oceans, seas and marine resources for however the approach used by Croatia to define GES
sustainable development. varies between Descriptors. In some cases it is unclear if GES is actually defined for the Descriptor while other GES
The Marine Strategy Framework Directive (MSFD) 31 aims definitions are indicated as being proposals 34 .
to achieve Good Environmental Status (GES) 32 of the EU's marine waters by 2020 by providing an ecosystem It is therefore too early to say whether Croatian waters approach to the management of human activities with are in good status as there were weaknesses in impact on the marine environment. The Directive identifying what "good environmental status" is in the requires Member States to develop and implement a first place.
marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or sub-region.
As part of their marine strategies, Member States had to make an initial assessment of their marine waters, determine GES and establish environmental targets by
July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine waters by July 2014. The next element of their marine strategy is to establish a Programme of Measures (first quarter 2017). The Commission assesses whether these elements constitute an appropriate framework to meet the requirements of the MSFD.
Croatian marine waters are part of the Mediterranean Croatia established a monitoring programme of its marine region and the Adriatic Sea sub-region. Croatia is marine waters in 2014. However it seems that its party to the Convention for the Protection of the Marine monitoring programmes for all descriptors need further
Environment and the Coastal Region of the refinement and development to constitute an appropriate framework to monitor progress towards GES,
28 European Environment Agency Draft results of CORINE Land Cover especially since the monitoring programme will not be
(CLC) inventory 2012 ; mean annual land take 2006-12 as a % of 2006 artificial land.
29 European Environment Agency, 2016. Imperviousness and 33 To help Member States interpret what GES means in practice, the imperviousness change Directive sets out, in Annex I, eleven qualitative descriptors which
30 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 describe what the environment will look like when GES has been
31 European Union, Marine Strategy Framework Directive 2008/56/EC achieved.
32 The MSFD defines Good Environmental Status (GES) in Article 3 as: 34 Commission Staff Working Document Accompanying the Commission
“The environmental status of marine waters where these provide Report assessing Member States' monitoring programmes under the ecologically diverse and dynamic oceans and seas which are clean, Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 healthy and productive” final)
Croatia 14
adequate to monitor progress towards its targets before
2018 for most descriptors, the date by which the next
assessment of Croatia's marine waters is due 35 . However,
it is important to note that the monitoring programme is reported as being adequate to monitor progress towards
GES as of 2014.
In its report on the implementation of the MSFD 36 , the
Commission provided guidance to assist Croatia in its implementation of the Marine Strategy Framework
Directive.
Suggested action
• Continue work to improve the definitions of GES, including through regional cooperation by using the work of the relevant Regional Sea Convention.
• Further develop approaches assessing (and quantifying) impacts from the main pressures in order
to lead to improved and more conclusive assessment results for 2018 reporting.
• Continue to integrate already existing monitoring programmes required under relevant EU legislation; and other international agreements and to implement joint monitoring programmes, developed at (sub)regional level, for instance by the Barcelona Convention.
• Enhance compatibility and consistency of monitoring methods within its marine region.
• Urgently report and implement its programme of measures.
• Ensure that the monitoring programme is appropriate to monitor progress towards GES.
35 Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
36 Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
Croatia 15
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3.Ensuring citizens' health and quality of life
Air quality the currently applicable national emission ceilings 39 .
The EU Clean Air Policy and legislation require that air At the same time, air quality in Croatia is giving cause for quality in the Union is significantly improved, moving concern. For the year 2013, the European Environment
closer to the WHO recommended levels. Air pollution Agency 40 estimated that about 4 820 premature deaths
and its impacts on ecosystems and biodiversity should be were attributable to fine particulate matter
further reduced with the long-term aim of not exceeding concentrations, 240 to ozone concentration 41 and 160 to critical loads and levels. This requires strengthening nitrogen dioxide concentrations 42 . This is due also to
efforts to reach full compliance with Union air quality exceedances above the EU air quality standards such as
legislation and defining strategic targets and actions shown in Figure 7 43 . beyond 2020. For 2014, exceedances above the EU air quality standards
The EU has developed a comprehensive suite of air have been registered for concentrations of particulate
quality legislation 37 , which establishes health-based matter (PM 44 10 ) in three air quality zones. Target values
Figure 7: Attainment situation for PM10, NO2 and O3 in 2014
standards and objectives for a number of air pollutants. 39
As part of this, Member States are required to ensure The current national emission ceilings apply since 2010 ( Directive 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
that up-to-date information on ambient concentrations Directive (EU) 2016/2284 on the reduction of national emissions of
of different air pollutants is routinely made available to certain atmospheric pollutants, amending Directive 2003/35/EC i and
the public. The National Emission Ceilings Directive repealing Directive 2001/81/EC i. 40
provides for emission reductions at national level that European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Table 10.2, please see details in this report as regards the
should be achieved for main pollutants. underpinning methodology)
41
The emission of several air pollutants has decreased Low level ozone is produced by photochemical action on pollution and it is also a greenhouse gas.
significantly in Croatia 38 . Reductions between 1990 and 42 NOx is emitted during fuel combustion e.g. from industrial facilities
2014 for sulphur oxides (91%), nitrogen oxides (-47%), and the road transport sector. NOx is a group of gases comprising
ammonia (-42%) as well as volatile organic compounds (- nitrogen monoxide (NO) and nitrogen dioxide (NO2). 43
57%) ensure air emissions for these pollutants are within Based on European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Figures 4.1, 5.1 and 6.1)
44
Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
37 European Commission, 2016. Air Quality Standards PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
38 See EIONET Central Data Repository and Air pollutant emissions data micrometres or less. PM is emitted from many human sources, viewer (NEC Directive) including combustion.
Croatia 16
for annual mean concentrations have also been exceeded the most recent reporting round, for the reference year in two air quality zones for benzo(a)pyrene. Furthermore, 2011, is only complete for agglomerations and major the long-term objectives regarding ozone concentrations railways. For major roads, only 43% of the mapping is
are not being met in at least one air quality zones 45 . complete. Action plans for noise management in the
The Commission currently investigates the conformity of current period have been adopted for only 25% of the Croatian legislation with the Industrial Emissions agglomerations, 43% of major roads and 0% of major Directive. railways.
It is estimated that the health-related external costs from Suggested action
air pollution in Croatia are above EUR 2 billion/year • Complete action plans for noise management.
(income adjusted, 2010), which include not only the intrinsic value of living a full health life but also direct
costs to the economy. These direct economic costs relate Water quality and management
to about 1 million workdays lost each year due to The EU water policy and legislation require that the
sickness related to air pollution, with associated costs for
employers of EUR 92 million/year (income adjusted, impact of pressures on transitional, coastal and fresh
2010), for healthcare of above EUR 6 million/year waters (including surface and ground waters) is significantly reduced to achieve, maintain or enhance
(income adjusted, 2010), and for agriculture (crop losses)
of EUR 30 million/year (2010) 46 . good status of water bodies, as defined by the Water Framework Directive; that citizens throughout the Union
Suggested action benefit from high standards for safe drinking and bathing
water; and that the nutrient cycle (nitrogen and
• Maintain downward emissions trends of air pollutants phosphorus) is managed in a more sustainable and in order to achieve full compliance with air quality limit resource-efficient way.
values - and reduce adverse air pollution impacts on
health, environment and economy. SDG 6 encourages countries to ensure availability and
• Reduce PM sustainable management of water and sanitation for all. 10 emission and concentration, inter alia, by
reducing emissions related to energy and heat The main overall objective of EU water policy and generation using solid fuels, to transport and to legislation is to ensure access to good quality water in agriculture. sufficient quantity for all Europeans. The EU water acquis 49 seeks to ensure good status of all water bodies
Noise across Europe by addressing pollution sources (from e.g.
The Environmental Noise Directive provides for a agriculture, urban areas and industrial activities), physical common approach for the avoidance, prevention and and hydrological modifications to water bodies) and the reduction of harmful effects due to exposure to management of risks of flooding.
environmental noise. River Basin Management Plans (RBMPs) are a
Excessive noise is one of the main causes of health requirement of the Water Framework Directive and a issues 47 . To alleviate this, the EU acquis sets out several means of achieving the protection, improvement and requirements, including assessing the exposure to sustainable use of the water environment across Europe. environmental noise through noise mapping, ensuring This includes surface freshwaters such as lakes and rivers, that information on environmental noise and its effects is groundwater, estuaries and coastal waters up to one made available to the public, and adopting action plans nautical mile.
with a view to preventing and reducing environmental Croatia has provided information to the Commission
noise where necessary and to preserving the acoustic from its second generation of RBMPs. The 2 nd RBMP for
environment quality where it is good. the period 2016 – 2021 was adopted in July 2016.
Croatia's implementation of the Environmental Noise However, as the Commission has not yet been able to
Directive 48 is significantly delayed. The noise mapping for validate this information for all Member States, it is not reported here.
45 See The EEA/Eionet Air Quality Portal and the related Central Data
Repository agglomerations with more than 100,000 inhabitants, and for major
46 These figures are based on the Impact Assessment for the European roads, railways and airports.
Commission Integrated Clean Air Package (2013) 49 This includes the Bathing Waters Directive (2006/7/EC); the Urban
47 WHO/JRC, 2011, Burden of disease from environmental noise, Waste Water Treatment Directive (91/271/EEC) concerning
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), discharges of municipal and some industrial waste waters; the World Health Organization, Regional Office for Europe , Copenhagen, Drinking Water Directive (98/83/EC) concerning potable water Denmark quality; the Water Framework Directive (2000/60/EC) concerning
48 The Noise Directive requires Member States to prepare and publish, water resources management; the Nitrates Directive (91/676/EEC) every 5 years, noise maps and noise management action plans for and the Floods Directive (2007/60/EC)
Croatia 17
In its first generation of RBMPs Croatia reported the Croatia's bathing water quality has been above average status of 1231 rivers, 34 lakes, 28 transitional, 22 coastal over the past years. and 32 groundwater bodies. 61% of natural surface water
bodies achieve a good or high ecological status 50 and only Figure 8: Bathing water quality 2012 – 2015
56
19% of heavily modified or artificial water bodies achieve a good or high ecological potential. 98% of surface water bodies, 98% of heavily modified and artificial water bodies and 88% of groundwater bodies achieve good
chemical status 51 . 84% of groundwater 52 bodies are in
good quantitative status.
The main pressure on the Croatian surface waters is
diffuse pollution 53 that affects 94% of water bodies. River
management negatively affects 40% followed by flow regulation and morphological alterations that affect 30% of water bodies. Point sources of pollution affect 24% of water bodies and abstraction 1%.
The Croatian RBMP has some deficiencies that result in uncertainties about the status and effectiveness of
Programmes of Measures. In particular there are weaknesses in monitoring, methodologies for status assessment and the link between pressures and The Commission recently assessed the transposition of Programmes of Measures. Addressing these weaknesses the Urban Waste Water Treatment (UWWT) Directive in would provide more certainty about the water status. Croatia. Croatia made significant progress in reaching
Following Article 10 of the Nitrates Directive, Croatia has conformity; still some legislatives amendments will be submitted in 2016 a report including information necessary to fully align the national legislation with the pertaining to: codes of good farm practice, designated Directive. The Accession Treaty provides for gradual nitrate vulnerable zones, results of water monitoring and compliance with the requirements of the Directive for
actions programmes. collecting systems and treatment. The transitional measures are still active 57 for all its agglomerations, and
As regards drinking water, Croatia was not concerned by have to be progressively achieved by the end of 2018, the latest reporting exercise on the Drinking Water 2020 and 2023. Even if it is not compulsory, Croatia has Directive because of the recent Accession to the EU 54 . started to report urban waste water information. On the
Croatia benefits from a transitional measure with respect basis of this first reporting, it is already clear that Croatia to the requirements of the Drinking Water Directive will need to step up its efforts if it is to meet the regarding microbiological and indicator parameters for a Accession treaty deadlines. Croatia belongs to a pilot
number of water supply zones. project which aims to improve dissemination of data 58 .
As shown in Figure 8, in 2015, in Croatia, out of 935 The estimated investment needs (reported by Croatia bathing waters, 94.2% were of excellent quality, 1.9% of under Article 17 of the UWWTD Directive) to reach full
good quality, 0.4% of sufficient quality while it was not compliance with the Directive are of EUR 2880 million 59 .
possible to assess the remaining 32 bathing waters 55 . Additional efforts have to be put in place to ensure
proper management of waste waters in agglomerations
50 Good ecological status is defined in the Water Framework Directive,
referring to the quality of the biological community, the hydrological that produce a load of less than 2000 population
characteristics and the chemical characteristics. equivalent if health risks have been identified due to
51 Good chemical status is defined in the Water Framework Directive waste water pollution (bathing water, shellfish areas, referring to compliance with all the quality standards established for drinking water).
chemical substances at European level.
52 For groundwater, a precautionary approach has been taken that
comprises a prohibition on direct discharges to groundwater, and (to
cover indirect discharges) a requirement to monitor groundwater 56 European Environment Agency, State of bathing water , 2016 bodies. 57 European Commission, Eighth Report on the Implementation Status
53 Diffuse pollution comes from widespread activities with no one and the Programmes for Implementation of the Urban Waste Water discrete source, e.g. acid rain, pesticides, urban run-off, etc. Directive (COM (2016)105 final) and Commission Staff Working
54 Commission's Synthesis Report on the Quality of Drinking Water in Document accompanying the report (SWD(2016)45 final ). the Union examining Member States' reports for the 2011-2013 58 See: http://uwwtd.oieau.fr/croatia/
period , foreseen under Article 13(5) of Directive 98/83/EC i; 59 European Commission, Eighth Report on the Implementation Status
COM(2016)666 i and the Programmes for Implementation of the Urban Waste Water
55 European Environment Agency, 2016. European bathing water quality Directive (COM (2016)105 final) and Commission Staff Working in 2015 , p. 26 Document accompanying the report (SWD(2016)45 final ).
Croatia 18
Croatia is hit regularly by flooding incidents with serious reuse of already used physical and natural resources economic damage costs. Since 2010 it has reported to instead of additional (physical) resource consumption is the EU Solidarity Fund (EUSF) EUR 298 million of damage one of the strategic objectives in relation to the main due to the floods. Total aid granted to Croatia from the funding priority and main expected results under the ESI EUSF in this period was EUR 22.79 million. Funds. In order to contribute to the integrated and
Suggested action sustainable urban development, activities under the Thematic objective 6: Protecting the environment and
• Croatia could do a more detailed assessment of promoting sustainable use of resources will cover the pressures to improve monitoring to know the status of enhancement of the urban environment, primarily with water bodies and design effective Programmes of the goal to secure adequate monitoring and Measures that address all the main pressures improvement of the air quality and usage of already identified. existing physical resources through regeneration and re
• Prompt implementation of projects necessary for the usage of brown fields.
fulfilment of the requirements of the Accession Treaty
with respect to Urban Waste Water Treatment Cities in continental part of Croatia register increased values of PM and noise exposure, and Action Plans for
Directive and Drinking Water Directive. improvement of Air Quality have been put in place
Enhancing the sustainability of cities recently. Urban transport is responsible for about 25% of CO2 emissions from transport, and 69% of road accidents
The EU Policy on the urban environment encourages occur in cities. To improve the situation it is necessary to cities to implement policies for sustainable urban increase the efficiency and physical, operational and planning and design, including innovative approaches for organisational integration of all the modes
63 .
urban public transport and mobility, sustainable International agreements
buildings, energy efficiency and urban biodiversity
conservation. The EU Treaties require that the Union policy on the
SDG11 aims at making cities and human settlements environment promotes measures at the international
inclusive, safe, resilient and sustainable. level to deal with regional or worldwide environmental problems.
Europe is a Union of cities and towns; around 75% of the
EU population are living in urban areas 60 . The urban Most environmental problems have a transboundary environment poses particular challenges for the nature and often a global scope and they can only be environment and human health, whilst also providing addressed effectively through international co-operation.
opportunities and efficiency gains in the use of resources. International environmental agreements concluded by the Union are binding upon the institutions of the Union
The Member States, European institutions, cities and and on its Member States. This requires the EU and the stakeholders have prepared a new Urban Agenda for the Member States to sign, ratify and effectively implement EU (incorporating the Smart Cities initiative) to tackle all relevant multilateral environmental agreements these issues in a comprehensive way, including their (MEAs) in a timely manner. This will also be an important connections with social and economic challenges. At the contribution towards the achievement of the SDGs, heart of this Urban Agenda will be the development of which Member States committed to in 2015 and include twelve partnerships on the identified urban challenges, many commitments contained already in legally binding including air quality and housing 61 . The European agreements.
Commission will launch a new EU benchmark system in
2017 62 . The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental
The EU stimulates green cities through awards and implementation, including within the Union, as well as funding, such as the EU Green Capital Award aimed at the Union’s credibility in related negotiations and cities with more than 100,000 inhabitants and the EU international meetings where supporting the Green Leaf initiative aimed at cities and towns, with participation of third countries to such agreements is an between 20,000 and 100,000 inhabitants. established EU policy objective. In agreements where
Improved urban environment through renovation and voting takes place it has a direct impact on the number of votes to be cast by the EU.
60 European Environment Agency, Urban environment Croatia has signed and ratified almost all relevant MEAs.
61 http://urbanagendaforthe.eu/ It has signed but not yet ratified the Offshore Protocol of
62 The Commission is developing an Urban Benchmarking and the Barcelona Convention 63 .
Monitoring ('UBaM') tool to be launched in 2017. Best practices emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
Committee of the Regions, Covenant of Mayors and others. 63 Partnership Agreement
Croatia 19
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful Figure 9: Environmental tax revenues as a share of total
subsidies revenues from taxes and social contributions (excluding imputed social contributions) in 2014 67
The Circular Economy Action Plan encourages the use of financial incentives and economic instruments, such as taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
Croatia revenues from environmentally related taxes reached 3.86% of GDP in 2014 against an EU average of
2.46%. Energy taxes amount to 2.33% of GDP, well above
the EU average of 1.88% 64 . As shown in Figure 9, in 2014
environmental tax revenues accounted for 10.51% (up from 9.58%) of total revenues from taxes and socialsecurity contributions (EU 28 average: 6.55%). This ranks
Croatia second after Slovenia, significantly superseding the EU average.
A 2016 study suggests that there is considerable potential for shifting taxes from labour to environmental
taxes 65 . Under a good practice scenario 66 , it could add as
much as HRK 3.55 billion in 2018 (EUR 0.47 billion) to the budget, rising to HRK 6.61 billion in 2030 (EUR 0.87 billion) (both in real 2015 terms). This is equivalent to an additional 1.04% and 1.67% of GDP in 2018 and 2030, respectively. The largest potential source of revenue
could come from the increase in vehicle taxes. This Green Public Procurement
accounts for HRK 2.96 billion in 2030 (EUR 0.39 billion)
(real 2015 terms), equivalent to 0.75% of GDP. The next
largest contribution to revenue might come from the The EU green public procurement policies encourage amendments to the taxes on transport fuels. This Member States to take further steps to reach the target accounts for HRK 1.2 billion in 2030 (EUR 0.16 billion) of applying green procurement criteria to at least 50% of (real 2015 terms), equivalent to 0.3% of GDP. public tenders.
64 Eurostat, Environmental tax revenues , accessed June 2016
65 Green Public Procurement (GPP) is a process whereby Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016. Study on Assessing the Environmental Fiscal Reform Potential public authorities seek to procure goods, services and
for the EU28. N.B. National governments are responsible for setting works with a reduced environmental impact throughout
tax rates within the EU Single Market rules and this report is not their life-cycle when compared to goods, services and suggesting concrete changes as to the level of environmental works with the same primary function that would
taxation. It merely presents the findings of recent studies on the
potential benefits various environmental taxes could bring. It is then otherwise be procured.
for the national authorities to assess these and their concrete
impacts in the national context. A first step in this respect, already The purchasing power of public procurement in the EU
done by a number of Member States, is to set up expert groups to assess these and make specific proposals.
66 The good practice scenario means benchmarking to a successful taxation practice in another Member State. 67 Eurostat, Environmental tax revenues , accessed October 2016
Croatia 20
equals to approximately 14% of GDP 68 . A substantial part (more than 42%) out of EUR 281 million allocation from
of this money is spent on sectors with high Operational Programme Environment (OPE), financed environmental impact such as construction or transport, under 2007-2013 Cohesion Fund (without pre-financing). so GPP can help to significantly lower the impact of Having in mind that Croatia has acceded to the EU in the public spending and foster sustainable innovative second half 2013 (last six months of 2007-2013 businesses. The Commission has proposed EU GPP programming period), pre-accession funds for
criteria 69 . environment were almost doubled with CF contribution,
The first National action plan for green public so Croatia has an extra one year (compared to EU 27 MS) procurement for the period from 2015 – 2017 was for utilisation of available funds (end 2016). Current adopted by the Croatian government in August 2015. estimation
73 of Croatian authorities envisages almost
100% utilisation of available funds by the end of 2016. The EU GPP criteria are recommended for the following The actual figures for use will be known later (HR to product groups: copying and graphic paper, transport report by 03/2018), but it seems that all results planned (motor vehicles), electricity, cleaning products and under OPE 2007-2013 will be achieved (some delayed services, telecommunication services and mobile phones, projects will be finished and their results reported under
office and IT equipment 70 . 2014-2020 OP Cohesion and competitiveness for
Investments: the contribution of EU funds Croatia).
European Structural and Investment Funds Regulations Figure 10: European Structural and Investment Funds 2014-2020: Budget Croatia by theme, EUR billion 74
provide that Member States promote environment and climate objectives in their funding strategies and programmes for economic, social and territorial cohesion, rural development and maritime policy, and reinforce the capacity of implementing bodies to deliver cost-effective and sustainable investments in these areas.
Making good use of the European Structural and
Investment Funds (ESIF) 71 is essential to achieve the
environmental goals and integrate these into other policy areas. Other instruments such as the Horizon 2020, the
LIFE programme and the EFSI 72 may also support
implementation and spread of best practice.
The European Commission has adopted a Partnership
Agreement with Croatia in October 2014. It stablishes a national strategy for the use of ESIF and mechanisms to ensure compliance with the European Union Strategy for
Smart, Sustainable, and Inclusive Growth (Europe 2020 strategy).
The total amount of the indicative allocation for all of the
ESIF is EUR 10.7 billion (see Figure 10) for the 2014-2020 period. By the end 2015, Croatia spent EUR 120 million
The largest amount of ESI Funds investment is focused on
68 European Commission, 2015. Public procurement
69 the thematic objective "Preserving and protecting the In the Communication “Public procurement for a better environment”
(COM /2008/400) the Commission recommended the creation of a environment and promoting resource efficiency",
process for setting common GPP criteria. The basic concept of GPP accounting for over 20% of all the investments under ESI
relies on having clear, verifiable, justifiable and ambitious Funds. The biggest amount is allocated under the
environmental criteria for products and services, based on a life-cycle Cohesion Fund, EUR 1.65 billion, followed by the
approach and scientific evidence base.
70 European Commission, 2015. Documentation on National GPP Action European Regional Development Fund, EUR 338 million.
Plans Under the European Agricultural Fund for Rural
71 ESIF comprises five funds – the European Regional Development Development EUR 270 million are allocated for
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), the European Agricultural Fund for Rural Development
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 73 Monitoring Committee Meeting for OP Environment 2007-2013, held
ERDF, the CF and the ESF together form the Cohesion Policy funds. in Zagreb on 23 November 2016
72 European Investment Bank, 2016 European Fund for Strategic 74 European Commission, European Structural and Investment Funds
Croatia 21
environmental measures and EUR 66 million under the Croatia, its EARDF part, amounts to 2,026,222,500.00 EUR
European Maritime and Fisheries Fund. (after the 1 st modification).
These allocations will mostly be used for investments in The budget for agri-environmental-climate measure the waste management, water supply and waste water represents 5.8% of the total EAFRD budget. The measure collection and treatment infrastructure, nature and on natural constraints takes up 13.5% of the total EAFRD biodiversity protection and development of the tourism (and does not need to present its link to biodiversity potential of natural areas. In the waste sector, conservation). Croatia needs to tackle specific need of investments are envisaged for the construction of waste demining its area, for which (demining of agricultural management centres (WMCs), remediation of the land) also the RDP resources are used. locations highly polluted by waste (“hot spot”),
remediation of the municipal waste landfills, and projects Small agri-environment climate measure offers support in the field of waste prevention and recycling. In the for targeted schemes. According to the Ministry of water sector several major projects are planned related Agriculture, the uptake was very low in 2015 and they are to development/ construction/ reconstruction of water going to step in proactively contacting potential supply and/or wastewater systems. Additional attention beneficiaries with particular natural assets to take a will be paid to the protection and enhancement of contract-the approach is appreciated.
biodiversity, nature protection and green infrastructure, Ca 1% of the total EAFRD budget is dedicated to nonand for the protection, restoration and sustainable use of productive investments, among them restoration of Natura 2000 sites. habitats and provision of Tornjak dogs and mechanical
The expected impact of the investments in tools in areas of presence of large carnivores-as well environmental sectors is the achievement of targets such appreciated. Croatia for the action on modernisation of as: irrigation proposed min potential water savings of 25%.
− 10 new waste management centres established and With regard to the integration of environmental concerns fully operational (2023); into the Common Agricultural Policy (CAP), the two key − Share of municipal waste deposited onto or into land areas for Croatia (as for all Member States) are, first,
reduced from 83% (2012) to 35% (2023); using Rural Development funds to pay for environmental
− Additional waste recycling capacity of 30.000 tonnes land management and other environmental measures,
per year; while avoiding financing measures which could damage
− Additional 1 million inhabitants served by improved the environment; and secondly, ensuring an effective
water supply and improved wastewater treatment implementation of the first pillar of the CAP with regard
(2023); to cross compliance and 1st pillar 'greening'. 30% of direct payment envelope (out of total EUR 1.22 billion for
− 40% of the Natura 2000 management framework in 2015-2020, source: Commission delegated regulation place Natura 2000 management framework in place (EU) 2015/851)) is allocated to greening practices as a basis for conservation actions according to the beneficial for the environment. An environmentally obligations in the acquis (2023); ambitious implementation of 1st pillar greening would − 358 hectares surface area of habitats supported to clearly help to improve the environmental situation in
attain a better conservation status (2023). areas not covered by rural development, including
The criteria of the ex ante conditionalities 75 for all three intensive area, and if appropriate Croatia could review its environmental areas 76 - Water, Waste, EIA and SEA - are implementation of this. partially or not fulfilled. The appropriate Action Plans For the year 2015 Croatia made it possible to use 13 have been prepared by the competent authorities and elements laid down by the regulation as ecological focus have to be implemented so that access to EU funding is area (EFA) (out of possible 19 elements). Croatia ensured. While a progress has been made in certain activated short rotation coppice as EFA with ban on use areas, the Action Plan on waste is seriously lagging of fertilisers and pesticides. Catch crops and unambitious behind. nitrogen fixing crops (also soybean- with no biodiversity The National Rural Development Program (RDP) of benefits) are possible choices. 80% of Natura 2000
grasslands were designated as environmentally sensitive,
75 The Fifth Cohesion Report identified the main purpose of ex ante 0 ha designated outside Natura 2000.
conditionalities (ExACs) as helping "countries and regions to tackle the problems that past experience has shown to be particularly relevant to policy implementation. These principles could be linked to, for example, transposition of specific EU legislation, the financing of strategic EU projects, or administrative, evaluation and institutional capacity."
76 The existence of arrangements for the effective application of Union environmental legislation related to EIA and SEA, Water and Waste.
Croatia 22
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5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building administrations have the necessary capacities and skills effective, accountable and inclusive institutions at all and training to carry out their own tasks and co-operate levels. SDG 17 aims at better implementation, improving and co-ordinate effectively with each other, within a policy coordination and policy coherence, stimulating system of multi-level governance. science, technology and innovation, establishing
partnerships and developing measurements of progress. The transposition of the revised EIA Directive
78 will be an
opportunity to streamline the regulatory framework on Effective governance of EU environmental legislation and environmental assessments. The Commission encourages policies requires having an appropriate institutional the streamlining of the environmental assessments to framework, policy coherence and coordination, applying avoid overlaps in environmental assessments and legal and non-legal instruments, engaging with nonaccelerate decision-making, without compromising the governmental stakeholders, and having adequate levels quality of the environmental assessment procedure. The
of knowledge and skills 77 . Successful implementation Commission has issued a guidance document in 2016
depends, to a large extent, on central, regional and local regarding the setting up of coordinated and/or joint government fulfilling key legislative and administrative procedures that are simultaneously subject to tasks, notably adoption of sound implementing assessments under the EIA Directive, Habitats Directive, legislation, co-ordinated action to meet environmental Water Framework Directive, and the Industrial Emissions
objectives and correct decision-making on matters such Directive 79 .
as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental
legislation is fit for purpose. Legislation can only be As part of the ex-ante conditionalities for the properly implemented when it takes into account programming period 2014 - 2020, Croatia has assessed experiences at Member State level with putting EU the administrative capacity in the Ministry of commitments into effect. The Make it Work initiative, a Environmental and Nature Protection (MENP) as Member State driven project, established in 2014, adequate. However, the accession to the EU has brought organizes a discussion on how the clarity, coherence and new challenges which require more capacity. Since structure of EU environmental legislation can be Croatia’s accession, the number of civil service
improved without lowering existing protection standards. employees has been increased but not sufficiently to deal with the increased workload related to the
Effective governance within central, regional implementation of EU projects and the alignment with
and local government the EU environmental legislation.
Those involved in implementing environment legislation Under the Operational Programme Competitiveness and at Union, national, regional and local levels need to be Cohesion for the period 2014-2020 Croatia can use funds equipped with the knowledge, tools and capacity to for strengthening the administrative and technical improve the delivery of benefits from that legislation, capacities of institutions responsible for implementation and the governance of the enforcement process. and enforcement of environmental related policies.
There is a specialized Sector of Environmental
Capacity to implement rules Assessment and Industrial Pollution in the MENP. It
It is crucial that central, regional and local consists of two specialized services, one of which is in
charge of the environmental assessments. The Service of
77 The Commission has work ongoing to improve the country-specific knowledge about quality and functioning of the administrative 78 The transposition of Directive 2014/52 i/EU is due in May 2017 systems of Member States. 79 European Commission, 2016
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Environmental Assessment has separate departments for Directive 2008/1 i): transition periods for certain the strategic environmental assessment and the installations to comply with limitation of VOC environmental impact assessment. They have an emissions and usage of BAT-s by 1 January 2016; 1 adequate administrative capacity to give practical and January 2018 as a final date for certain large legal advice on applicability of the EIA/SEA Directives combustion plants regarding emission limits of which are being continuously strengthened. Strategic sulphur dioxide, nitrogen oxides and dust, as well as environmental assessment is carried by sectoral for certain installations regarding permitting in line competent authorities on central, regional and local with IPPC Directive. level. Environmental impact assessment is carried out by Croatia's transposition record is good. A small number of MENP and by regional environmental authorities. Having late transposition cases are solved at the early stage of in mind a limited experience with carrying out the the infringement procedure. The pressure from strategic environmental assessments, several trainings complaints and petitions is relatively low. have been carried out for the employees of the MENP
and other competent authorities on central, regional and Conformity checking is the Commission’s priority. In that local level. At MENP website several guidelines respect, more investigations and potential nondocuments are available to the authorities applying the conformity infringements can be expected.
EIA/SEA. Croatia engages in constructive cooperation with the
Some of the institutions responsible for public Commission with the goal of rectifying the nonprocurement are facing insufficient administrative conformities of national legislation and shows readiness capacity and a need for additional training. This often to amend the legislation. However, Croatia often does leads to faulty tender documentation, resulting in not respect its own deadlines. The delays might be partly lengthy appeals and even cancellations of tenders. This is due to scarce administrative capacities of the ministries a bottleneck for the use of ESI Funds, in particular in and burdensome and lengthy national legislative heavy-infrastructure sectors such as waste and water procedure. The recent governmental changes created management. additional delays in reaching conformity.
The capacity of the administrative bodies that are Suggested action
implementing nature directives is very limited on both • Croatia could benefit from strengthening the national and local levels and not sufficient in view of the administrative capacity in the Ministry of required work to fulfil the legal obligations, in particular Environmental and Nature Protection, as this would with regard to the capacities to ensure smooth and affect positively the use of EU Funds and speed up the quality appropriate assessments of plans and projects' alignment with the EU environmental policies and implications for the site. legislation.
Competences are divided among several Ministries and
among national, regional and local level. Coordination and integration Impact assessments are important tools to ensure
Under the Accession Treaty, Croatia benefits from a environmental integration in all government policies 80 .
number of environmental transitional measures, most of
them still active. Current progress with meeting the The Commission assessed the transposition of the transitional targets raises doubts as to whether Croatia Environmental Impact Assessment (EIA) Directive and the will be ready to comply fully with the requirements of the Strategic Environmental Assessment (SEA) Directive in environmental legislation, after the expiry of the Croatia. While Croatia has aligned the national legislation
transitional measures. This is especially the case for: with the SEA Directive, additional efforts are necessary to reach the full conformity with the EIA Directive. It is of a
− reaching the final goal that maximum 35% of great importance to reach the full conformity with the biodegradable municipal waste is landfilled, by 31 EIA Directive promptly. EIA Directive represents a December 2020; fundamental environmental piece of legislation, − gradual reduction of waste landfilled in nonapplicable to a wide range of projects and its proper
compliant (substandard) landfills, all landfills to transposition and implementation is an important
comply by 31 December 2018. contributor to sustainable development. The revised EIA
− Urban Waste Water Treatment Directive 91/271 i, Directive 2014/52 i/EU, which Croatia plans to transpose
gradual compliance with the requirements for in the first quarter 2017, could be used as an opportunity
collecting systems and treatment, final compliance to further streamline different environmental
by 1 January 2024.
− Industrial Emissions Directive 2010/75 i (replacing 80 Article 11 of the TFEU provides that "Environmental protection
Directive 1999/13 i on VOC limitations, Large requirements must be integrated into the definition and
Combustion Plant Directive 2001/80 i, and IPPC implementation of the Union's policies and activities, in particular
with a view to promoting sustainable development."
Croatia 24
assessments and consequently to enhance the efficiency networks of inspectors, police, prosecutors and judges,
of the environmental pillar of project development. such as IMPEL 82 , EUFJE 83 , ENPE 84 and EnviCrimeNet 85 , is a
Compliance assurance valuable tool for sharing experience and good practices.
EU law generally and specific provisions on inspections, Currently, there exist a number of sectoral obligations on inspections and the EU directive on environmental
other checks, penalties and environmental liability help liability (ELD) 86 provides a means of ensuring that the
lay the basis for the systems Member States need to
have in place to secure compliance with EU "polluter-pays principle" is applied when there are accidents and incidents that harm the environment.
environmental rules. There is also publically available information giving
Public authorities help ensure accountability of dutyinsights into existing strengths and weaknesses in each holders by monitoring and promoting compliance and by Member State.
taking credible follow-up action (i.e. enforcement) when For each Member State, the following were therefore
breaches occur or liabilities arise. Compliance monitoring
can be done both on the initiative of authorities reviewed: use of risk-based compliance assurance; coordination and co-operation between authorities and
themselves and in response to citizen complaints. It can participation in pan-European networks; and key aspects involve using various kinds of checks, including of implementation of the ELD based on the Commission's inspections for permitted activities, surveillance for recently published implementation report and REFIT possible illegal activities, investigations for crimes and evaluation 87 .
audits for systemic weaknesses. Similarly, there is a range
of means to promote compliance, including awareness Information is lacking for the period since Croatia's raising campaigns and use of guidance documents and accession to the EU in 2013, but in the period prior to online information tools. Follow-up to breaches and accession Croatia had already put in place some risk liabilities can include administrative action (e.g. assessment tools to prioritise and target inspections of withdrawal of a permit), use of criminal law 81 and action industrial installations. However, these were
under liability law (e.g. required remediation after incomplete 88 and a need for a more strategic approach as
damage from an accident using liability rules) and well as for a more systematic performance evaluation
contractual law (e.g. measures to require compliance was identified 89 . with nature conservation contracts). Taken together, all Up-to-date information is lacking in relation to the of these interventions represent "compliance assurance" following:
as shown in Figure 11.
Figure 11: Environmental compliance assurance − data-collection arrangements to track the use and effectiveness of different compliance assurance
interventions; − the extent to which risk-based methods are used
to direct compliance assurance at the strategic level and in relation to specific problem-areas highlighted elsewhere in this Country Report, i.e. air quality breaches and the pressures on water quality from diffuse water pollution;
− how the Croatian authorities ensure a targeted and proportionate response to different types of non-compliant behaviour, given indications that there is a low probability of being prosecuted and
sentenced for environmental offences 90 .
82 European Union Network for the Implementation and Enforcement of
Best practice has moved towards a risk-based approach Environmental Law 83 at strategic and operational levels in which the best mix European Union Forum of judges for the environment 84
of compliance monitoring, promotion and enforcement is The European Network of Prosecutors for the Environment 85 EnviCrimeNet
directed at the most serious problems. Best practice also 86 European Union, Environmental Liability Directive 2004/35/CE
recognises the need for coordination and cooperation 87 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This
between different authorities to ensure consistency, highlighted the need for better evidence on how the directive is used
avoid duplication of work and reduce administrative in practice; for tools to support its implementation, such as guidance, training and ELD registers; and for financial security to be available in
burden. Active participation in established pan-European case events or incidents generate remediation costs.
88 IMPEL IRI Report Croatia , 2011, p. 33-34. 89 IMPEL IRI Report Croatia , 2011, p. 42-43.
81 European Union, Environmental Crime Directive 2008/99/EC 90 IMPEL IRI Report Croatia , 2011, p. 42.
Croatia 25
Pre-accession, a detailed agreement on cooperation challenge acts or omissions of the public administration between inspection services in the field of environment' before a court. It is a tool for decentralised was in place to guide coordinated joint inspections and implementation of EU environmental law. resolve competence questions, with a separate annual
plan and an annual report on coordinated inspections For each Member State, two crucial elements for published online 91 . Croatia is active within IMPEL and effective access to justice have been systematically
hosted in 2011 an IMPEL peer review. reviewed: the legal standing for the public, including NGOs and the extent to which prohibitive costs represent
Given its 2013 accession, Croatia was not required to a barrier. submit an implementation report on the Environmental
Liability Directive. It is understood that Croatia has not The general system of access to courts in Croatia for the yet applied the Directive to a case of environmental purpose of judicial review is interest-based and rightsdamage and that an effective system of financial security based which generally offers a wider access. Although
has still to be established. the Environmental Protection Act grants a wide access to justice to environmental NGOs, they seem to have no
Suggested action access to justice at the later stages of a project
• Improve transparency on organisation and functioning authorisation (e.g. at the stage of issuance of a location of compliance assurance system and on how significant permit and a construction permit).The costs of risks are addressed, as outlined above. environmental proceedings are also not considered as
• Encourage greater participation of competent prohibitively high
92 .
authorities in the activities of ENPE, EUFJE and Access to information, knowledge and EnviCrimeNet. evidence
• While more time is needed for Croatia to implement
the Environmental Liability Directive due to its later The Aarhus Convention and related EU legislation on accession to the EU, Croatia should step up efforts in access to information and the sharing of spatial data the implementation of the Environmental Liability require that the public has access to clear information on Directive (ELD) with proactive initiatives, in particular the environment, including on how Union environmental by setting up a national register of ELD incidents and law is being implemented.
drafting national guidance. It should moreover take It is of crucial importance to public authorities, the public further steps to ensure an effective system of financial and business that environmental information is shared in security for environmental liabilities (so that operators an efficient and effective way. This covers reporting by not only have insurance cover available to them but businesses and public authorities and active actually take it up). dissemination to the public, increasingly through
electronic means.
Public participation and access to justice The Aarhus Convention 93 , the Access to Environmental
The Aarhus Convention, related EU legislation on public Information Directive 94 and the INSPIRE Directive 95
participation and environmental impact assessment, and together create a legal foundation for the sharing of the case-law of the Court of Justice require that citizens environmental information between public authorities and their associations should be able to participate in and with the public. They also represent the green part of
decision-making on projects and plans and should enjoy the ongoing EU e-Government Action Plan 96 . The first
effective environmental access to justice. two instruments create obligations to provide
Citizens can more effectively protect the environment if information to the public, both on request and actively. they can rely on the three "pillars" of the Convention on The INSPIRE Directive is a pioneering instrument for Access to Information, Public Participation in Decisionelectronic data-sharing between public authorities who making and Access to Justice in Environmental Matters can vary in their data-sharing policies, e.g. on whether ("the Aarhus Convention"). Public participation in the access to data is for free. The INSPIRE Directive sets up a
administrative decision making process is an important
element to ensure that the authority takes its decision on 92 European Commission, 2012/2013 access to justice in environmental
the best possible basis. The Commission intends to matters examine compliance with mandatory public participation 93 UNECE, 1998. Convention on Access to Information, Public
requirements more systematically at a later stage. Participation in Decision-Making and Access to Justice in
Access to justice in environmental matters is a set of 94 European Union, Directive 2003/4/EC on public access to
guarantees that allows citizens and their associations to environmental information 95 European Union, INSPIRE Directive 2007/2/EC
96
European Union, EU eGovernment Action Plan 2016-2020 - Accelerating the digital transformation of government COM(2016)
91 IMPEL IRI Report Croatia , 2011, p. 27. 179 final
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geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.
For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive envisages) as well as data-sharing policies ('open data')
have been systematically reviewed 97 .
Croatia's performance on the implementation of the
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public leaves room for further improvement. Croatia has indicated in the 3-yearly INSPIRE implementation
report 98 that the necessary data-sharing policies allowing
access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are still under development. Initiatives for setting up data sharing arrangements have been initiated trying to overcome identified barriers such as: public use limitations/restrictions, lack of human capacity, lack of licensing policy, pricing and funding policies.
Assessments of monitoring reports 99 issued by Croatia
and the spatial information that Croatia has published on
the INSPIRE geoportal 100 indicate that not all spatial
information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. The larger part of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU environmental law.
Suggested action
• Critically review the effectiveness of its data policies and amend them, taking 'best practices' into consideration.
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.
97 Upon request by the Commission, most Member States provided an
INSPIRE Action Plan addressing implementation issues. These plans are currently being assessed by the Commission.
98 European Commission, INSPIRE reports