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„Flood Prevention Project" is being implemented as part of the program of cooperation between the Council of Europe Development Bank and the Republic of Croatia.
ABOUT THE PROJECT
''Flood Prevention Project" includes investments through which the existing flood protection system will be improved, rehabilitated, completed and developed in order to achieve a high level of protection of target civilian population in priority river basins in Croatia, thus reducing flood occurrence and its adverse social and economic impacts.
The Ministry of Environment and Energy is in charge of the Project in question (Project Promotor), whereas Hrvatske vode (Project Implementing Entity) are in charge of project implementation, with a special Project Implementation Unit set up within Hrvatske vode. The implementation of the Project in total value of approx. 80 million EUR is co-financed through the Council of Europe Development Bank (CEB) loan LD 1845-2014 in the value of approx. u 40 million EUR (50%), and through resources provided by Hrvatske vode (income based on the collection of water contributions and water regulation fee) in the amount of 40 million EUR (50%).
The project is foreseen to be completed on 31 December 2018, and the loan closing date is 30 June 2019.
The Framework Loan Agreement between the Republic of Croatia and the Council of Europe Development Bank for the Flood Prevention Project was signed on 2 and 15 June 2015 and was ratified by the Act on the Ratification of the Framework Loan Agreement between the Republic of Croatia and the Council of Europe Development Bank for the Flood Prevention Project (Official Gazette - International Agreements No. 3/16 dated 29 June 2016), and it came into effect on 7 July 2016 -http://narodnenovine.nn.hr/clanci/medunarodni/2016_06_3_22.html
The Amendment Agreement N°1to the Framework Loan Agreement between the Republic of Croatia and the Council of Europe Development Bank for the Flood Prevention Project was signed on 5 and 7 December 2016. Project Agreement for "Flood Protection Project" between the Republic of Croatia, represented by the Ministry of Finance (Borrower), the Ministry of Environment and Energy (Project Promotor) and Hrvatske vode (Project Implementing Entity) was signed on 8 and 13 December 2016.
This Project is a part of a larger Multi-Annual Programme of Constructing Water Regulation and Protection Facilities and Amelioration Facilities adopted by the Government of the Republic of Croatia in 2015 (hereinafter: the Program), as well as River Basin Management Plan of the Republic of Croatia which contains Flood Risk Management Plan for the period 2016 – 2021, which was adopted by the Government of the Republic of Croatia in July 2016. The program containing structural measures for flood risk management in the Flood Risk Management Plan is based on projects in the Program, with possible changes due to more detailed studies of flood risk management in river basins and feasibility studies. The Project will contribute to the implementation of the Program and the Flood Risk Management Plan and its overall long-term objective of reducing flood risks throughout Croatia to an acceptable level.
The Project consists of two components:
- Component 1: construction of selected projects from the Program (sub-projects) from the Tentative list of 25 Sub-projects listed in Annex I to Appendix 1 of the Framework Loan Agreement, in total investment value of 74,347,888 EUR, including designing and supervision.
- Component 2: technical assistance (5,652,112 EUR, about 7% of total project value). This component would be used to finance the development of river basin studies for priority systems, development of flood forecasting system and support to Project Implementation Unit.
Positive environmental and nature impacts is ensured through Strategic Environmental Assessment for the Programme, Environmental Impact Assessments and appropriate Assessment for the ecological network for individual projects, if needed.
Relevant legislation: The Environmental Protection Act (OG 80/13, 153/13, 78/15) and the Regulation on environmental impact assessment (OG 61/14). The Environmental Protection Act is regulated and harmonized with the corresponding EU Directives: Directive 2011/92/EZ dated 13 Dec 2011, Directive 2003/35/EZ dated 26 May 2003, Directive 2001/42/EZ 27 dated Jun 2001, Directive 2010/75/EU dated 24. Nov 2010, Directive 2003/4/EZ dated 28 Jan 2003, Directive 2004/35/EZ dated 21 Apr 2004, Directive 2008/56/EZ dated 17 Jun 2008, Directive 1999/94/EC dated 13 Dec 1999, Directive 2013/30/EC dated 12 Jun 2013, Directive 2012/18/EC dated 4 Jul 2012, Directive 2009/126/EC dated 21 Oct2009, Directive 2009/31/EC dated 23 Apr 2009, Directive 2009/304/EC dated 23 Apr 2009, Directive 2008/98/EC dated 19 Nov 2008, Directive 2006/66/EC dated 6 Sep 2006, Directive 2006/7/EC dated 15 Feb 2006, Directive 2003/87EC 13 Oct 2003, Directive 199/31/EC dated 26 Apr 1999, Directive 94/63/EC dated 20 Dec 1994, Regulation 66/2010/EC dated 25 Nov 2009, Regulation 1221/2009/EC dated 25 Nov 2009, Regulation 166/2006/EC , Regulation 401/2009/EC dated 23 Apr 2009.
In addition, the adopted legislation is also based on the provisions of an international agreement confirmed by Croatia by adopting the Act on the Ratification of the Convention on Environmental Impact Assessment in a Transboundary Context (OG – International Agreements, 6/96) and Act by United Nation's Programm for environmental named Barcelona Convention Protocol about integral managment of Mediteranina costal area, ratificated by Croatia with Act on conformation (International agreements, OG 8/2012) (Akt Programa Ujedinjenih naroda za okoliš pod nazivom Protokol Barcelonske konevencije o integralnom upravljanju obalnim područjem Sredozemlja ratificiranom od strane RH Zakonom o potvrđivanju (Međunarodni ugovori, NN 8/2012.)
Relevant legislation: Nature Protection Act (OG 80/13), Regulation on Amendamn of Regulati on onProclamation of the Ecological Network (OG 124/13, 105/15), Ordinance on the appropriate assessment of the impact of plans, programmes and projects on the ecological network (OG 146/14) through which Croatian legislation was harmonized with EU regulations in the field of nature protection: Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora dated 22 Jul 1992 changed and completed with Directive 2006/105/EEC dated 20 Dec 2006 (Habitats Directive), − Council Directive 2009/147/EC dated 26 Jan 2010 on the conservation of wild birds (Birds Directive) and Convention on the conservation of European wildlife and natural habitats (the Bern Convention) –Emerald Network.
Status of Strategic environmental impact assesment (SEIA):
The need for investments into protection from adverse effects of water in the Republic of Croatia is based on the needs analysed in the Water Management Strategy (WMS) (Water Act, OG 91/08), which is further elaborated in the planning document of Hrvatske vode titled Multi-Annual Programme of Constructing Water Regulation and Protection Facilities and Amelioration Facilities 2013-2017 (hereinafter: the Programme), all in accordance with Water Act, clause 37 (OG 153/09, 130/11 i 56/13). The programme was developed by Hrvatske vode enacted by Government of Croatia after procedure of SEIA (in accordance with Environmental Protection Act clause 62) in October 2015 (OG 117/2015).
Status of Environmental Impact assesment (EIA ) and Ecological network impact assesment (ENIA):
EIA is mandatory for the projects specified in the list of projects under Annex I of the Regulation on environmental impact assessment (Official Gazette 61/14) and for the projects for which EIA is established as mandatory in the process of evaluating the need for EIA. Projects for which process of evaluating the need for EIA is necessary are listed in Anexes II and III Of the Regulation.
Appropriate ENIA shall be carried out for all the projects and activities that may have an adverse impact on the conservation objectives of the ecological network areas, pursuant to the Ordinance on appropriate assessment of the impact of plans, programmes and projects on the ecological network (Official Gazette 146/14).
If environmental impact assessment (EIA) is required for an activity or project, the appropriate assessment for the ecological network shall be carried out as part of the EIA. If EIA is not required, the main assessment shall be carried out as a separate procedure. If the project is located within an already built-up part of a construction area, in such case, the ENIA is not required.
With tabel Environmental complienece, the status of EIA and EINA is described for every particular subproject.
For subprojects non tehnical summary or an opinion or decision that EIA and/or ENIA is not need to be conducted as follows.
The Procurement Plan includes the procurement of works, goods and services foreseen for financing under the CEB loan in the amount of 85% of the investment (15% is the share financed by the final beneficiary).
All projects have to comply with the applicable legislation, all relevant EU Directives, Multi-Annual Programme of Constructing Water Regulation and Protection Facilities and Amelioration Facilities , regulations, sector policies and priorities (i.e. the Strategic Coherence Framework for 2007-2013, Regional Operational Programmes, Environmental Protection Operational Programme, National Waste and Water Management Strategies).
CEB Environmental Review Mission headed by Mr. Anton Spierenburg, technical advisor for sustainable development for the "Flood Prevention Project" was held in the period 13 – 16 February 2017.
The objective of this mission was to review the implementation of environmental mitigation measures in place or foreseen for the sub-projects that required an EIA and/or ENIA, discuss if any of the latter documents needed to be upgraded or complemented with respect to evolutions in the applicable regulatory domain or status of project affected areas.
During the mission in question, certain sub-projects from the first financing phase were visited that require the implementation of mitigation measures. These were the following sub-projects: construction of the Samobor Dikes, reconstruction of the Main Mura Dike from km 16+425-22+594 and construction of the Ogulin retarding basin.
Issues that were reviewed during the mission in cooperation with officers of the PIU for Flood Protection Projects Financed by CEB Loans and EU Funds:
Evolution of environmental assessment requirements and environmental permitting processes including public consultation since 2007 (date of issuing of some of the project permits) and April 2014 (prior Environmental Review Mission) that may affect the validity of sub-project environmental screening and assessments. This includes modifications in regulatory requirements as well as changes in the status (e.g. classification as protected area) of areas that fall within the boundaries of the sub-project sites or that are affected by project activities, both in terms of construction as well as operation.
Validity of the EIAs and ENIAs, produced so far, occurrence of sub-projects located in, or affecting Natura 2000 sites, including, but not limited to, the Ogulin sub-project.
Management of environmental issues and implementation of mitigation measures.
Roles and responsibilities of the different project stakeholders.
Ogulin sub-project NGO enquiries, status of dialogue.
Modalities of publication of detailed environmental information on Hrvatske vode's website and creation of a link to CEB's website.