ENVIRONMENTAL IMPACT ASSESSMENT -

Ana Barišić, Ministry of Maritime Affairs, Transport and Infrastructure-Croatia

TRANS-EUROPEAN NORTH-SOUTH MOTORWAY (TEM) 17 December 2015, Vienna, Austria

EIA AND PROJECT PREPARATION

Key steps of project preparation

• Pre-feasibility Study; • Feasibility Study; » EIA – starting moment » EIA completion – when all mitigation measures are defined (all details provided) and development consent issue • Preliminary design; • Final Detailed design; • Location permit • Construction permit • Procurement; • Implementation.

Environmental Impact Assessment - Croatia

     Legal General context (Espoo Convention) (OG Act Concerned Regulation Regulation Environmental framework on Ratification of the Convention on EIA in a Transboundary AdministrativeProcedure Act (OG 47/09) on Information and Participationof the and Public Public on Environmental Impact Assessment ( in Environmental Matters (OG 64/08) Protection (OG Act

- IT IT 6/96) 80/13 ,

153/13, 78/15 153/13,

OG

61/14 )

)

COMPETENT BODY

 NATIONAL LEVEL - Ministry of Environment and Nature Protection

 REGIONAL LEVEL - competent administrative body in the county or City of

Other institutions

 concerned environmental authorities (ministries, state administrative and expert organizations, public sector)  regional and local authorities Regulation on the environmental impact assessment („Official

gazete”, 61/14)

Croatia

- ANNEX I ANNEX II ANNEX III

SCREENING SCREENING up to competent up to competent EIA is authorities to MANDATORY authorities to decide if an EIA decide if an EIA

is needed or not

is needed or not

Administrative body in the For the project for which Ministry of environmental and county or in the City of nature protection EIA is mandatory, the Zagreb nature impact assessment (Habitats Directive) is carried out within the same procedure in co- ordination with Nature Protection Directorate

ANNEX IV Mandatory content of Environmental Report Environmental Impact Assessment Assessment Impact Environmental (Environmental impact study)-an integral part of the application

Environmental Impact Assessment - Croatia AUTHORISED INSTITUTION AUTHORISED PUBLIC End and Takesaccount of PROTECTION ENV.ANDOF MINISTRY

of consultations

EIA process OF THEOF STUDY FINALISATION FINALISATION

env

. report report . CONSULTATION INFORMATION INFORMATION NATURE

AND on acceptability acceptability of

environmental environmental the project the project DECISION

EIA PROCEDURE REVIEW THEOF IN CROATIA STUDY SCRINNING

EIA EIA COMMITTE MINISTRY OF ENV. AND NATURE PROTECTION PROTECTION NATURE ENV.OF ANDMINISTRY

required is EIA anwhether determine to not or the procedure (APPLICATION) + ENV.REPORT

REQUEST REQUEST SCOPPING PREPARATION PREPARATION

(STUDY) REPORT REPORT ENV. OF

AUTHORISEDINSTITUTION DEVELOPER

assessed inEIA the assessed to be impacts on the advice request developer can where the procedure MINISTRY ENV.ANDOF MINISTRY NATURE PROTECTION PROTECTION NATURE

summary) Technical non a (including The “Report” \

MENP

a

-

Environmental Impact Assessment - Croatia

   Screening list measures(if considered) theon project the environment, proposalof environmentalprotection (consideredalternatives),descriptionof theeffectssignificant likely of of the location,descriptionof the characteristicsofthe project requestfor screeningincludes:on information the developer, description AnnexV case of projectssubjectto - by -

case analysis inanalysis linewithand/orset criteria prescribedin criteria screening

Environmental Impact Assessment - Croatia

   Screening reviewing informingaboutthe public request Decision duringprocessthe information objectionsand proposalsof the publicandpublic concerned submitted    public needto be carriedoutfor the project reasonsdueto whichit was establishedthatEIA needs/doesnot EIA EIA

: doesnotneedto carriedbe needsto be carriedout

the opinions is informedaboutdecision of the other responsiblebodyandopinions,

out

-

an explanationof the

Environmental Impact Assessment - Croatia

     Scoping course course of the EIA instructions not affects the right instructionsonof the contentthe Environmental during the information process body and opinions, objections and proposals of the public and public concerned submitted for request likelysignificant effects of the project on the environment description of the characteristics of the project (considered alternatives), description of the request not informing the the purpose of obtaining their opinion mandatory

to the bodiesand/or persons designated byspecialregulation for scoping the public procedure

includes: includes: information on the developer, description of the location, about ) -

public

t o request request a supplement of the Report’s content in the is is informed about

reviewing the the opinions of the other responsible instructions

Report

( issuing issuing the the

Environmental Impact Assessment - Croatia

Environmental    ER based requirements activities companiesauthorizedfor professionalenvironmental protection    is result of: accordancewiththose regulation the ecological alsoincludes a chapterelaboratingthe effects of the projecton network when mandatory scoping on updated,authenticandavailable information

-

a projectmayhave a accuracy,expertnessand fulfillmentof prescribed

(NATURA 2000site

Report

content network

(ER) –

prescribedin AnnexIV

(NATURA 2000site significant impactsignificant on ecological in

Croatia)

the contentofthe Report in

Croatia)

in

Environmental Impact Assessment - Croatia

        Advisory representatives representatives regulations(theenvironmental concernedauthorities) representatives scientific members the Official Gazette members dependingon the typeof project CB appointedfor each individual project determinestheandnumber compositionof membersof the (AEC),

Expert and expertemployees of AEC: of AEC are appointedfrom the listofpersons published in

Committee of and/orthe bodies personsdesignated byspecial of of localandregional self

MENP

(AEC) • • • • • R esponsibilities environmental environmental monitoring proposes environmental protection measuresand opinion its gives on acceptability the of the project explains reasons the for their acceptance or non debate reviews opinions, the objectives and proposals from the public ER isestablishescomplete that

:

- governmentsunits programme

- acceptance

Environmental Impact Assessment - Croatia

  INFORMING INFORMING THE PUBLIC publications,etc.) publicnoticeson relevantnoticeboards,electronic media,written way the CB    informationis haveto the inform public

scoping screening project publicdebate,theon decision environmental acceptabilityofthe EIA (public notices(publicthe inpress,public noticesin the official procedure

: the request,content the: instructiononof : the request,the decision

publishedon webpagesof CB andother appropriate : the request,the: decision submittingon ER for

of:

ER

journal,

Environmental Impact Assessment - Croatia

     PUBLIC PARTICIPATION concerned the wayas to: the at public the public        least 30 opinions publicandpublic concerned participatethein public debatein a have publichearing public submit hearing submit comments have ask debateincludes: questionstheduring publichearing the rightto enter and proposals objectionsinto theof book the rightof access public to inspection

participate inparticipate EIA procedureduringthe public must reviewedbeto issuingprior decision days inspection written proposalswrittenandobjectionsto the proposalsandobjections theinto minutesthe public during , objectionsandsuggestionsof andthe , public public

CB

debate

Environmental Impact Assessment - Croatia

  DECISION the CB reviews: theon Decision Environmental Acceptabilitywillbeonly adoptedafter    decisioncan bein challenged the AdministrativeCourt results concernedsubmitted duringthe publicdebate opinions the

AEC’sthe opinionon acceptability ofthe project of anytransboundaryconsultations

, objectionsandproposalof andthe , public public    DIFFICULTIES delays lack „old EIA procedures” of of data – insufficient quality of

EIA

documentations

EIA procedures in road sector in 2015

1. State road DC 414, section Sparagovići – Doli –ongoing 3 2. Mainland - Pelješac with 5 access roads (bridge)- finish (30/10/2015)

4 3. Bypass –City of Pregrada –

finished (23/10/2015) 4. Highway Hungarian border - Beli Manastir – border with Bosnia and Herzegovina, Sredanci – border with Bosnia and Herzegovina, the bridge on

2 Sava river - finish (2/11/2015) 1 5. Relocation of road D517 in

Beli Manastir -finish (7/7/2015) DESIGNING/PLANNING CONSTRUCTION MAINTENANCE

Integration of environmental protection Specific environmental requirements in measures in the Environmental impact Preventive environmental protection construction contracts study and requests of permits requires for the construction and operation of the motorway

Landscaping design project Environmental protection plan made by Monitoring the transport of dangerous contractors and Developer goods

Monitoring and supervision of Drainage system projects environmental protection according to its Organizing exercises/tutorials

components (water, air, soil, etc.) Restoration of entire zone devastated by Projects of construction walls for protection Audit environmental protection intervention in better condition, ie. at least against noise procedures into the initial state Controlled waste separation by type, Maintenance of closed drainage system attributes and disposal Monitoring and supervision of Setting up noise protection walls environmental protection according to its components (water, air, soil, etc.) Analysis of supervision data and monitoring Landscaping and maintenance of the area environment protection in the motorway corridor Monitoring fauna

Monitoring flora

TRAFFIC ACCIDENT (ANIMALS INWOLD) ON THE MOTORWAY ZAGREB -

Animal 2011 2012 2013 2014 Bear 1 3 2 3 Deer 15 25 25 44 Wild boar 3 5 1 3 Wild cat 9 5 2 1 Fox 1 9 6 14 Birds 5 4 4 3 Other: dog, rabbit and others. 10 20 7 31 Badger 4 1 1 3 Total 48 72 48 102 GOOD PRACTICE CONCRETE ACTIONS Rijeka-Zagreb Motorway d.d. is responsible for the implementation of measures to prevent incidents on the highway, which includes:

 setting 60 km of electrical fences,  6 pop-ramp,  30 unilateral exit doors for animals,  25 waste containers,  establishment of an emergency team to the highway,  setting up information boards and info terminals In Summary

 Any project which might have a significant impact on the environment must be assessed

 Whole projects are assessed

 Decisions are made by competent authorities

 The decisions of the competent authorities must be reasoned

 The results of the decisions and assessments must be followed

 There must be open and transparent consultation

 Decisions must be available for all to see THANK YOU FOR YOUR ATTENTION!

Ana Barišić, MINISTRY OF MARITIME AFFAIRS, TRANSPORT AND INFRASTRUCTURE Directorate for EU funds, Sector for management of the Operational Programme E-mail: [email protected] www.mppi.hr