Croatia's Position Paper on Chapter 27 Environment

The acquis agreement

Croatia accepts the acquis agreement regarding Chapter 27 Environment, which has entered into force on 11 November 2010. Croatia has unilaterally assumed 1 July 2013 as date for temporary closure with the European Union. Croatia agrees to a number of commitments which have to be implemented by the date of accession, at the least, unless specific transitional arrangements have been agreed. In order to solve the problems regarding the implementation process of the European acquis Environment matters, the Croatian government has formed the Croatian Environment Agency.

Background
Regarding the undertaking in the national legislation of the previsions in the community acquis applicable to Croatia and the application in the Environment field, in accordance with EU Stabilization and Association Agreement signed on 29 October 2001, at Brussels, between Croatia on one hand, and the European Communities and Member States on the other hand, Croatia submits the following: The Environment consists of over 200 major legal acts covering eight broad categories: horizontal legislation, water and air quality, waste management, nature protection, industrial pollution control, chemicals and noise. Croatian Environment law is embodied in the Environment Act 2003 (OG 122/03). There are a number of bylaws which constitute subordinate legislation for the purpose of enforcement of the Convention for the Prevention of Pollution from Ships. 1. Anti-trust field In the field of anti-trust, Croatian legislation has been aligned to the community legislation, according to Article 103, set out in the Treaty on the Functioning of the European Union. Since 1 May 2004 all National Competition Authorities will also been empowered to fully apply Articles 101 and 102 of the Treaty in order to ensure that Environment is not distorted

or restricted. National courts will also apply these provisions in order to protect the rights conferred on Environment by the Treaty. 2. EU Aid. Croatia adopts legislation aimed at transposing the acquis in the field of water quality, notably the new Water Act and the new Water Management Financing Act and makes further significant progress in legislative alignment in this sector by adopting implementing legislation. Croatia adopts legislation aimed at transposing the acquis in the field of industrial pollution control and risk management and ensures that definitions, notably related to installations, are aligned with the acquis. Croatia continues its alignment with the acquis in the remaining sectors of this chapter and demonstrates that it will be fully prepared to ensure the implementation and enforcement of the EU requirements at the date of the accession. The EU and Croatia also considered proposals for transitional measures concerning air quality, waste management, water quality, industrial pollution and risk management and other requests regarding nature protection.

Agreement points COUNTRY ALIGNMENT AND IMPLEMENTATION CAPACITY

ENVIRONMENT. The Environment Act of 2003 contains the basic rules on restrictive agreements, dominant position and merger control. Croatia considered its anti-trust legislation to be generally in line with the acquis. Croatia stated that in the absence of rules or uncertainties in the interpretation, Article 39 (8), of the Environment Act is applicable. Under this provision, the national competition authority's (the Environment Agencys) assessment of the prevention, restriction or distortion of that Environment may affect trading between Croatia and the EU must be based on the criteria arising from due application of Environment rules within the EU.

Air quality.
Croatia has reached a high level of alignment with the acquis in the field of air quality. The Eu notes that Croatia has ratified protocols the Convention on Long-Range Transboundary

Air Pollution and the Gothenburg Protocol. The EU notes that the National Air Quality Protection and in alimentation Plan for the period 2008 2011 were adopted in may 2008. Croatia UNDERLINES the need to continue implementing the acquis, including through upgrading and further development of the monitoring network. Croatia also needs to continue taking measures to gradually reduce the pollution, along the limit values for certain pollutants set by the acquis. Croatia has withdrawn its requests for transitional periods until 31 December 2017 with regard to Art 5, paragraph 1 of the Directive 1999/30/EC on limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen. The EU notes that measures will be taken, in line with the National Air Quality Protection and Improvement Plan, to reduce the pollution to meet the requirements of the acquis. The EU considers that the planned measures to reduce concentration levels and the use of Art 22 of Directive 2008/50/EC will provide for adequate implementation of the Directive.

Waste management.
Legislative alignment in the field of waste management has further advanced but needs further attention, in particular as regards the Waste Framework Directive and the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Directive (RoHS Directive). The new waste management strategy has not yet been adopted. Considerable efforts are needed to meet the deadlines for full implementation of the acquis in this area, In particular as concerns the timely development of a pipeline of mature projects. Transitional arrangements have been agreed for the remediation of existing landfills and the building of new waste management centres to comply with the acquis by 31 December 2018, and by 31 December 2020 concerning the amount of biodegradable municipal waste to be landfilled.

Water Quality
Croatia has largely aligned its legislation in the field of water quality. The new draft Water Act due to ensure further compliance with the acquis was not adopted yet. Transitional arrangements have been agreed until 31 December for 2023 for urban waste water collection and treatment systems with intermediate deadlines for part of the Decision until 31 December 2018 and 31 December 2020, and for the quality of water intended for human consumption

with regard to microbiological parameters until 31 December 2018. Croatia will as agreed start implementing the new Bathing Water Directive from the date of accession. Reforms in the water sector are proceeding slowly. Pending problems linked to insufficient quality of environmental impact studies for water projects need to be solved. Efforts to develop and adopt river basin management plans (RBMPs) need to be stepped up. Croatia needs to speed up investments in infrastructure to comply with the acquis. Croatia assume these things will be met by 31december 2018.

Industrial Pollution.
Croatia has largely aligned its legislation in the field of industrial pollution control and risk management (IPPC). Three transitional periods have been agreed, one with a final implementation date of 31 December 2017 for the modernisation of existing IPPC installations, and , a second until 31 December 2017 for the limitation of emissions into the air of certain pollutants from large combustion plants, and a third until 31 December 2015 for the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations. The permitting process for existing installations needs to be significantly sped up and appropriate funding for upgrading such installations needs to be secured

Chemicals
Croatia has largely aligned its legislation in the field of chemicals. An adaptation period of six months after the accession date has been agreed for the pre-registration of phase-in substances, registration dossiers and authorisation applications. The Department for Chemicals and Biocidal Products has been established within the State Sanitary Inspection Service of the Ministry of Health.

In the field of noise, Croatia has completed alignment with the EU requirements. The Department for Objects of Common Usage and Noise Protection was established within the State Sanitary Inspection Service of the Ministry of Health. Croatia is progressing well in its preparations in the area of civil protection and is part of the EU Civil Protection Mechanism.

The legislative alignment is moderately advanced in the field of climate change. The Air Protection Act, of October 2011 represented a step forward. Legislative acts still need to be adopted to align with the EU acquis on the Monitoring Mechanism Decision, the EU Emissions Trading System (aviation, monitoring, auctioning and registries), geological storage of carbon dioxide, and light commercial vehicles.

DISSAGREMENT POINTS

Physical Environment

The Croatian Government has approached its environmental challenges by undergoing legal reforms; policy development; and investment planning. In the 2009 ProgressReport the EU pointed out that good progress has been achieved especially in the areas of air quality, industrial pollution control and risk management, and climate change. Considerable efforts are still needed in the water sector and nature protection, especially as regards implementation of the Water Framework Directive and the designation of Natura 2000 sites. Implementation of the horizontal acquis, not least strategic environmental assessment and access to justice in environmental matters, needs to be improved. Industrial Pollution. Administrative capacity in the area of IPPC needs strengthening, especially at thelocal level.

Chemicals The Department needs further reinforcement of itsadministrative capacity.