NATURE PROTECTION Legal & institutional framework Ivana Jelenić Ministry of Culture Nature...

NATURE PROTECTION

Legal & institutional framework

Ivana JelenićMinistry of Culture

Nature Protection Directorate

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Legal framework in general

Nature Protection Act protection of overall

biological and landscape diversity

integration of nature protection in all sectors

concept of ecological network

institutionalisation of expertise work in nature protection

public participation in decision-making

Nature protection policy in Croatia:National Biological and Landscape Protection Strategy (1999)

Birds Directive

Habitats Directive

CITES related regulations

NP Conventions- Agreements

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Institutional framework

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Institutional framework & cooperation

MEDIAMEDIA NGOsNGOs SCHOOLSSCHOOLS

SCIENTIFIC INSTITUTIONS(faculties, institutes..)

SCIENTIFIC INSTITUTIONS(faculties, institutes..)

M. of agriculture, forestry and water management

(AEP, incentives..)

M. of agriculture, forestry and water management

(AEP, incentives..)

M. of foreign affaires and EU integrations

M. of foreign affaires and EU integrations

M. of environmental protection, physical planning and construction

(EIA, SEA…)

M. of environmental protection, physical planning and construction

(EIA, SEA…)

Ministry of internal affaires

Ministry of internal affaires

M. of finance Central Customs Office

M. of finance Central Customs Office

M. of sea, tourism, transport and development

M. of sea, tourism, transport and development

NATURE PROTECTION INSTITUTIONS

MCSINP

PI NP/PN

NATURE PROTECTION INSTITUTIONS

MCSINP

PI NP/PN

PRIVATE SECTORPRIVATE SECTOR

INTERNATIONAL INSTITUTIONS

INTERNATIONAL INSTITUTIONS

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Legal framework

International conventions / agreements- Convention on Wetlands of International

Importance especially as Waterfowl Habitat (Ramsar Conv.) –(notifications of succession, OG-IA 12/1993)

- Convention on biological diversity (CBD)(OG-IA, 6/1996)

- Convention on international trade in endangered species of wild fauna and flora (CITES)(OG-IA, 12/1999)

- Convention on the conservation of European wildlife and natural habitats (Bern Conv.) (OG-IA, 6/2000)

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Legal framework

International conventions / agreements- Convention on the conservation of migratory

species of wild animals (CMS)(OG-IA, 6/2006)• Agreement on the Conservation of Population of

European bats (EUROBATS), • Agreement on the Conservation of Cetaceans of the

Black Sea, Mediterranean Sea and contiguous Atlantic Area (ACCOBAMS)

• Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA),

• MoU on the Conservation and Management of the Middle-European Population of the Great Bustard (Otis tarda)

• MoU Concerning Conservation Measures for Slender billed-curlow (Nomenius tenuirostris)

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Legal framework

International conventions / agreementsto come in force:- International Convention for the

regulation of whaling (OG-IA, 6/2006)

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Legal framework & harmonization with EU Acquis

AchievementsNature Protection Act (OG 70/05) –

partially transposes provisions of the: Council Directive 79/409/EEC of 2 April 1979

on the conservation of wild birds Council Directive 92/43/EEC of 21 May 1992 on

the conservation of natural habitats and of wild fauna and flora

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein

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Habitats Directive and Birds Directive

AchievementsSecondary legislation adopted under

the NPA in relation to HD / BD: Ordinance on protection of wild taxa (OG

7/06)strictly protected and protected species

Ordinance on conservation of habitat types (HT’s)classification of HT’s, map of HT’s, threatened and rare HT’s, conservation measures for HT’s (OG 7/06)

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Challenges: Secondary legislation under NPA in

preparation/adoption related to Habitats and Bird Directive:

Ordinance on nature impact assessment -2006 Regulation on National Ecological Network -

20067 Ordinance on protective measures, persons eligible to provide protection and the method of maintaining the crossings of wild animals – 2006

Ordinance on introduction and reintroduction of wild taxa in nature – 2007

Regulation on internationally ecologically important areas (NATURA 2000) – 2008 including SPA’s as part of NATURA 2000 proposal

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Challenges:- Implementation mechanisms not yet

fully in place! Designation of special protection areas

(SPA’s)(BD) Designation of potential Sites of Community

Interest (pSCI’s) Assessment of plans and projects in pSCI’s Risk assessment of introduction and

reintroduction of wild taxa

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In relation to HD and BD also relevant:

Hunting Act (OG 140/05), Forestry Act (OG 140/05), Marine Fishery Act (46/97, 48/05), Water Act (OG 107/95,150/05), etc.

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National Ecological Network & NATURA 2000

Definitions:NEN – ecologically important areas of

national and international importance & natural or artificial corridors (Art. 58, NPA)

NATURA 2000 – network of international ecologically important areas established as such pursuant to international standards (Art. 60, NPA)

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Relevant legal provisions (NPA) elements of the NEN can be protected as

“protected areas”, through management plans and by implementation of the nature impact assessment (NIA) procedure

principle of nature impact assessment in cases of a planned intervention in nature which by itself or in combination with other interventions may have a significant impact on an ecologically important area or protected natural asset

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o Nature Impact Assessment: In the case of a planned intervention in nature

for which an EIA is not obligatory, and which by itself or in combination with other interventions may have a significant impact on an ecologically important area or protected natural asset, its admissibility for nature (NIA) shall be evaluated pursuant to NPA and leges speciales.

In the case of planned interventions where lex specialis prescribes obligatory EIA or SEA, the NIA shall be carried out within the context of EIA or SEA pursuant to lex specialis.

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principles of overriding public interest and compensation terms

if there is in the area of planned intervention, a habitat type or habitat of flora, fungi or fauna species protected pursuant to international treaties and other regulations, the prevailing public interest owing to which the planned intervention is being accepted may relate only to public health protection and public safety or to restoring the conditions that are substantially more favourable for nature

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incentives - (1) protection and conservation of biological and landscape diversity, (2) stimulating the management that recognizes and enforces biological and landscape diversity conservation measures, (3) granting compensations to legal and natural persons who owing to protection of biological and landscape diversity suffer from respective constraints or damages

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Including potential SPA’s (with applied

zoning)


Result of LIFE III project: Building-up of National Ecological Network implemented by the SINP(2003-2005)

Proposal of NEN

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CITES and protection of animals

Community legislation on Wildlife Trade (CITES) is composed of:

Council Regulations (EC) No 338/97 (Basic Regulation)

Commission Regulation (EC) No 1808/2001 (Implementing Regulation)

Commission Regulation (EC) No 252/2005 (Suspensions Regulation)

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Relavnt community legislation on protection of wild animals:

Council Directive (EEC) No 83/129 of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom

Council Regulation (EEC) No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards

Commission Regulation No 35/97/EC of 10 January 1997 laying down provisions on the certification of pelts and goods covered by Council Regulation 3254/91/EC

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Achievements:Secondary legislation adopted under

the NPA (full transposition): Ordinance concerning the conditions of

keeping protected animals in captivity, marking methods and keeping records thereof (OG 146/05)

Ordinance on transboundary movement and trade in protected species (OG 34/06)

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Other community legislation on protection of wild animals

o Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoosCompetent authority – MAFWM Animal Welfare Act (OG 19/99) Ordinance on conditions for the

establishment and operation of zoos (OG 67/05)

final proposal of the new Act on protection of animals (in Parliement, planned to enter into force after 1 January 2007)

MC – conditions for keeping of protected wild taxa in ZOOs

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THANK YOU FOR YOUR ATTENTION !

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