REPUBLIC OF CROATIA MINISTRY OF ENVIRONMANTAL AND NATURE PROTECTION

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Presentation transcript:

REPUBLIC OF CROATIA MINISTRY OF ENVIRONMANTAL AND NATURE PROTECTION identification and notification of the public concerned Nataša Kačić-Bartulović, mag. iur , Head of service for legislation and administrative-law affairs

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 6 and 7 Example of good practice: City of Zagreb Regularly publishes – notifies the information about initiated SEA and EIA procedures on its official website, on the notice board in the lobby of the City Administration building and the notice board of the city district were the proposed project activities are planned to be executed. Public discussions, public inspections and public presentations and the manner of submitting objections to the documents that are subject to public discussion as part of EIA and SEA procedures are organized by the City Office of Energetic, Environmental and Nature Protection within its competence, or on the basis of requests for legal assistance of the Ministry of Environmental and Nature Protection. 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 6 and 7 Notices concerning the time and place are published by City of Zagreb on official web pages, on notice boards in the lobby of the City Administration building and notice board of the city district where the proposed project activities are planned to be executed the information and notices may also be posted in local municipal board offices and in other locations across the City, in OG of the City of Zagreb, as well as in daily newspapers at least 8 days prior to the public discussion and public inspection. 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 6 and 7 The same notices are regularly sent to Service for Local Self Government of the City of Zagreb, the Regional Dept. Responsible for City district were the proposed project activities are planned to be executed. Public presentations are held on the territory of the city district were the proposed project activities are planned or to be executed. Written invitations to the presentations are sent to representatives of the developer, authorized person who has prepared documents, Council of the city district were the proposed project activities are planned to be executed and other city offices and services, depending on the specifications of the proposed project activities. 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 6 and 7 Public presentations are organized in afternoon and evening hours. The public and the public concerned have an opportunity to express their opinions, suggestions and objections during a public discussion in the manner described in the related notice of a public discussion (via phone, fax or e-mail) 18.9.2019.

USAGE OF Internet BY INDIVIDUALS 2015. 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 7 example of good practice Strategy of the Law-Carbon Development of the Republic of Croatia for period till 2030. with a view to 2050 – information notified via MENP web site – vide public identified 27.07.2015. - Decision on the appointment of the Commission for a strategic assessment of Low Carbon Strategy [PDF 621.54 KB] 30.06.2015. - Decision on the content of the strategic environmental impact study [PDF 1.56 MB] 06.03.2015. - Information on initiating the strategic assessment and development of Strategic Studies - determining the content of the strategic environmental impact study [PDF 664.78 KB] 06.03.2015. - Decision on the implementation of the strategic environmental impact assessment [PDF 566.87 KB] Information on low-carbon development strategy of the Republic of Croatia for the period until 2030 with a view to 2050 [PDF 103.05 KB] 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 8 example of good practice Amendments of the EPA – entered into force 25. July 2015. Legal sources Law on Regulatory Impact Assessment("Official Gazette 90/11) Regulation on the Regulatory Impact Assessment(Official Gazette 66/2012) EPA OG 80/13 prescribes minimum deadline of 30 days for public participation in the process of drafting acts and regulations, as well as rules that could have a significant environmental impact and amendments to the same. Regulation on information and participation of the public and public concerned in environmental protection OG 64/08 18.9.2019.

IDENTIFICATION AND NOTIFICATION WITHIN SCOPE OF ARTICLE 8 example of good practice The Amendment to the Rules of Procedure of the Government of the Republic of Croatia (OG 121/12), Art. 30, Para. 4, prescribes that the draft proposal of the regulation must be subject to the mandatory consultation procedure (in accordance with the Code of Practice on Consultation with the Interested Public OG 140/09) as well as the mandatory delivery of the report on consultations with draft proposals of acts and other regulations. 18.9.2019.

AMANDMENTS EPA flow chart Annual Plan of Normative Activities 2015 (on the basis of preliminary assessment and theses)- public consultation 15 days via MENP website Draft Statement – consultations 27. January - 27. February 2015. via MENP website. 12. March 2015. – round table of the Draft Statement with stakeholders – stakeholders invited via e-mail 18.9.2019.

AMANDMENTS EPA flow chart The public and interested public were involved in the drafting of the Act by giving their suggestions, opinions or comments via the Form on the MENP website for the period from 11 April to 11 May 2015. PROPOSAL statement on Regulatory Impact Assessment for the Law on Amendments to the Law on Environmental Protection – public debate along with draft of EPA Amendments 8. April 2015. INFORMATION about drafting – notification via MENP web-site The standard form for counseling (according to aforementioned Code)- vide public identified: NGO, professional associations, citizens 17.06.2015. - A report on the consultation with the interested public Notification via MENP web-site 18.9.2019.

RIA flow chart Law on Regulatory Impact Assessment("Official Gazette 90/11) Pursuant to Article 24 of the Act on Regulatory Impact Assessment (OG 90/11) and Articles 18 and 19 of the Regulation on the Implementation of the Regulatory Impact Assessment Process (OG 66/12), during the preparation of any national legislative act, it is required to include consultations with the stakeholders, public consultations and discussions. The statement of RIA (steps to take) 1. Making the statement - public consultations (30 days on the web) – round tables for stakeholders included ( - identification: industry, NGO, professional associations) – notification via, e-mail 2. Sending statement for the opinions to the competent authorities – line ministries competent for environmental protection, economy and social welfare (15 days for observation) 3. Development of regulations and update RIA statement 4. The public debate on regulation and the Proposal Statement - (30 days – via website) 5. Sending to the Government procedure 18.9.2019.

IMPROVEMENTS OF THE PROCESS In 2015. Office for Associations of the Croatian Government established a special portal dedicated to public consultation, which provides for continuous communication between the public authorities and the public concerned with regards to all regulations in the process of adoption. (Art 8) Application e-Consulting allows all interested parties an overview of open public consultation, as well as active participation in them. To actively participate in public consultations required registration in the e-Consultations All persons have an access if they are properly registered – wide identification of the public 18.9.2019.

THANKS FOR THE ATTENTION WEB: www.mzoip.hr Nataša Kačić-Bartulović, mag.iur. Tel. ++ 385 1 3717 121 E-mail: natasa.kacic-bartulovic@mzoip.hr 18.9.2019.