Transposition and Implementation of RMCEI

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Structure and Management of the Inspectorate/1
Directorate for Inspection, MEPPPC
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Structure and Management of the Inspectorate/2
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Directorate for Inspection, MEPPPC
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Structure and Management of the Inspectorate/3
Central service in Zagreb 20 Branch
Units of MEPPPC in all seats of the Counties
Directorate for Inspection, MEPPPC
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Human and Technical Resources Available to the
Inspecting Authority

• Human resources
• Total number of environmental protection
  inspectors (EPI ) - 58
• Senior EPI - 29
• EPI - 29
• Expert Associates - 3
• In Central Service in Zagreb - 13
• In Branch Units - 45
• IPPC inspectors are still not nominated

• Budgetary resources
• Provided only from National Budget

Directorate for Inspection, MEPPPC
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Goals/Aims

• Verification of compliance with the laws of the
  Republic of Croatia related to the competence of
  EPI
• Law on environmental protection
• Air protection act
• Waste act
• 37 by-laws

Directorate for Inspection, MEPPPC
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Compliance checkingand promotion/1

• Environmental Inspection Control
• Activities of LRSG units and legal and physical
  entities in applying standards and implementing
  environmental protection measures (Environmental
  Strategy and the Contingency Plan)
• Emission and imission measurements
• Environmental protection measures determined in
  the course of EIA
• Remedial programmes and monitoring of remedial
  programme effects
• Technical equipment of registered and authorized
  legal entities

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Compliance checkingand promotion/2

• Environmental Inspection Control
• Use of funds earmarked for implementation of
  environmental protection measures
• Implementation of ratified international
  environmental treaties
• Operation of the Fund for Environmental
  Protection and Energy Efficiency
• Cooperation with other government authorities,
  the public and NGOs
• Participation in proposing and drafting
  legislative regulations
• Implementation of international co-operation and
  work in relevant networks
• Work at the realisation of international projects
  and projects of European pre-accession funds

Directorate for Inspection, MEPPPC
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PerformanceProcedures- example
Directorate for Inspection, MEPPPC
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Performance Procedures/1

• Minutes are kept of each inspection control
• Inspectors have the legal right of access to
  installations and all necessary documentation
• Findings after each control are stored pursuant
  to the prescribed procedure, together with the
  pertaining documentation collected during control

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Performance Procedures/2

• A copy of minutes is promptly delivered to the
  operator
• After each control a decision is taken on further
  proceeding
• (official notification, criminal charges,
  decision on execution permit...)
• Information on single findings are forwarded to
  other inspectorates and responsible bodies
• Reports on proceedings and findings are available
  to the public on request

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Sampling

• The waste sampling can be conducted only by the
  laboratories accredited for carrying out tests
  according to the Croatian standard HRN EN ISO/IEC
  17025-2000
• The air sampling can be conducted only by legal
  persons registered to carry out activities of
  monitoring air quality

Directorate for Inspection, MEPPPC
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Permitting System and Inspection Involvement

• Environmental protection inspection (EPI)
  current situation
• EPI is responsible for compliance, checking and
  enforcement of environmental laws
• EPI has no role in existing permitting procedures
• Based on ad hoc needs and special requirements
  EPI has been occasionally invited to participate
  in procedure for permit issuing together with the
  representative from Directorate for environmental
  protection within MEPPPC

Directorate for Inspection, MEPPPC
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Inspection Reporting/1

• Inspectors reports
• Personal monthly reports
• Personal annual reports
• Reports related to thematic on site visits
  (different industry sectors and activities)
• Reports related to accidents and incidents
• Reports on requests

Directorate for Inspection, MEPPPC
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Inspection Reporting/2

• Inspection Directorate reports
• summary and analytical reports related to
  thematic on site visits (different industry
  sectors and activities) 18 thematic reports
  are available
• annual report to Croatian Government (adopted by
  the Minister) available on the web site of MEPPPC
  2005 Annual Report
• reports related to different EU accession
  activities (screening, progress reports,
  questionnaires etc.)
• reports related to participation in different
  pre-accession projects (CARDS, PHARE)
• reports related to activities in different
  international environmental networks (ECENA,
  IMPEL,INECE,MAP etc.)

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Promotion/1

• Promotion and improvement of operators awareness
  of regulations, environmental effects of their
  activities and of the sensitivity of the
  environment
• The environmental protection inspection has still
  a role in informing/advising as well as
  inspecting

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Promotion/2

• Results
• Number of data in Cadastre
• Identification of gaps in relevant legislation
• Identification and notification of problems in
  industrial sectors and activities and
  recommendations for improvement
• Identification of needs for better education and
  sectoral specialization of inspectors
• Identification of needs for improvement of
  cooperation between different competent line
  inspections

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EPI AUTHOROTIES

• In the course of inspectional supervision, the
  inspector has the authority to (Art. 67., Waste
  Act)
• enter business and other constructions,
  buildings, facilities and premises of the legal
  and natural person
• take statements from the responsible persons,
  request and check documents, and inspect business
  files, devices and equipment related to waste
  management,
• visually determine the state of affairs ,
• before inspection control request data and
  documentation necessary for inspectional
  supervision
• request a report on undertaken measures which
  have been ordered in the course of inspectional
  supervision
• request that samples of waste are given to
  accredited laboratories for analysis,
• the inspector can request help from authorised
  officers of the police department in charge, in
  case it should be needed.
• The inspector may make a verbal decision on the
  record

Directorate for Inspection, MEPPPC
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EPI AUTHORITIES FOR ORDERING MEASURES

• Elimination of irregularities (Art.73.,Par.1.)
• keeping of register on waste
• Submition of the prescribed documentation on
  waste
• Removal of the disposed waste (Art.74.,Par.1.)
• Ban
• Disposal of waste (Art. 76.)
• performing waste management activities (Art.
  77.,Par.1.)
• import, transit or export of waste (Art. 78.)
• temporary ban on performing waste management
  activities (Art. 77.,Par. 2.)
• remediation of contaminated soil (Art.75.)

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Misdemeanour and criminal charges
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CRIMINAL OFFENSES AGAINST THE ENVIRONMENT
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Appliance of sanctions in environmental protection

• In courts proceedures EPI has the status of
  witness
• Cognition of 0-state of environmental protection
  is an important obstacle in proving of criminal
  offence
• Record on inspection control is not an evidence
  in the main hearing
• Time of performance of the misdemeanour
  (continuated act) cannot always be determined
• Inability of presence of authorized MEPPPC
  representative because of numerous proceedings
• The need for exchange of good practice and
  enhancement of legislation

Directorate for Inspection, MEPPPC
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Thank you for your Attention!
Directorate for Inspection, MEPPPC