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NATURE PROTECTION. Legal & institutional framework Ivana Jelenić Ministry of Culture Nature Protection Directorate. Legal framework in general. Nature protection policy in Croatia: National Biological and Landscape Protection Strategy (1999). Nature Protection Act

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NATURE PROTECTION


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

    2. 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

    3. Institutional framework

    4. Institutional framework & cooperation INTERNATIONAL INSTITUTIONS

    5. 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)

    6. 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)

    7. Legal framework International conventions / agreements to come in force: - International Convention for the regulation of whaling (OG-IA, 6/2006)

    8. 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

    9. 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 (HT’s)classification of HT’s, map of HT’s, threatened and rare HT’s, conservation measures for HT’s (OG 7/06)

    10. 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 SPA’s as part of NATURA 2000 proposal

    11. Legal framework & harmonization with EU Acquis 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

    12. 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.

    13. 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)

    14. 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

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

    16. 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 internationaltreaties 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

    17. 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

    18. 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 SPA’s (with applied zoning)

    19. Legal framework & harmonization with EU AcquisCITES 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)

    20. Legal framework & harmonization with EU AcquisCITES 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

    21. 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)

    22. Legal framework & harmonization with EU AcquisCITES 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

    23. THANK YOU FOR YOUR ATTENTION !