NATURE PROTECTION

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NATURE PROTECTION

• Legal institutional framework
• Ivana Jelenic
• Ministry of Culture
• Nature Protection Directorate

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Legal framework in general
Nature protection policy in Croatia National
Biological and Landscape Protection Strategy
(1999)

• 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

Habitats Directive
NP Conventions - Agreements
Birds Directive
CITES related regulations
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Institutional framework
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Institutional framework cooperation

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 / agreements
• to come in force
• - International Convention for the regulation of
  whaling (OG-IA, 6/2006)

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Legal framework harmonization with EU Acquis

• Achievements
• Nature 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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Legal framework harmonization with EU
AcquisHabitats Directive and Birds Directive

• Achievements
• Secondary 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
  (HTs)classification of HTs, map of HTs,
  threatened and rare HTs, conservation measures
  for HTs (OG 7/06)

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Legal framework harmonization with EU Acquis

• 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 SPAs as part of NATURA 2000 proposal

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Legal framework harmonization with EU Acquis

• Challenges
• - Implementation mechanisms not yet fully in
  place!
• Designation of special protection areas
  (SPAs)(BD)
• Designation of potential Sites of Community
  Interest (pSCIs)
• Assessment of plans and projects in pSCIs
• Risk assessment of introduction and
  reintroduction of wild taxa

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Legal framework harmonization with EU Acquis

• 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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National Ecological Network NATURA 2000

• 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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National Ecological Network NATURA 2000

• 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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National Ecological Network NATURA 2000

• 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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National Ecological Network NATURA 2000

• 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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National Ecological Network NATURA 2000

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

Including potential SPAs (with applied zoning)
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Legal framework harmonization with EU Acquis
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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Legal framework harmonization with EU Acquis
CITES and protection of animals

• 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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Legal framework harmonization with EU
AcquisCITES and protection of animals

• 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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Legal framework harmonization with EU Acquis
CITES and protection of animals

• Other community legislation on protection of wild
  animals
• 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 !