IV. Croatia

Abstract

Amendments to the Environment Protection Act (EVP), which transposes EU Directive 2014/52/EU amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment into the Croatian legal system, provides for a new liability system in the case of damage to the environment. The Act first gives a special definition of damage. Pursuant to art 2, damage to the environment is defined as a measurable adverse effect, ie adverse or negative modification of natural objects and services of natural objects, caused directly or indirectly. This definition covers any damage which is inflicted on protected species and natural habitats, waters, sea waters and the terrain. With respect to the characterisation of liability, art 22 (amending art 178 of the EVP) distinguishes between operators whose activity is designated as dangerous in the respective regulation, and operators whose activity is not specifically designated as dangerous. The former shall be strictly liable, whereas the latter’s liability shall be fault-based. An operator whose activity is designated as dangerous shall be able to release himself from liability if he proves that his activity did not cause damage. Hence, similar to general liability rules from the Civil Obligations Act (COA), in the case of the operator’s strict liability,1 a causal link shall be presumed. Pursuant to art 21 (amending art 177 of the EVP), an operator of a dangerous activity (ie activities defined in a special regulation) shall be held liable for damage to the environment or the imminent danger of damage, unless they prove that the dangerous activity did not cause damage or the imminent danger of damage. As for the liability of an operator whose activity is not designated by the special regulation as dangerous, they will be liable if they fail to remove a peril for the environment or do not prevent the occurrence of damage. The Act is silent as to