Zagreb, September 23, 2009

As the public has learned, in mid September the Croatian Government unexpectedly withdrew bill proposals on water and the financing of water management from the enactment process that had already had their second readings in the Croatian Parliament. Then, in only a couple of days, the commission had completely new bill proposals of these acts prepared, which profoundly alter the concept of the relationship toward this crucial public good.

The Justice and Peace Commission of the Croatian Conference of Bishops, in keeping with its previous position statements on water – as a gift from God and a universal common good of the human community, as well as a uniquely comparative and competitive Croatian advantage – expresses its profound concern due to the manner of the “preparation” of this legislation, the numerous fundamental changes and generally the determinants in the new bill proposals for these two laws. The Commission notes that even the previous bill proposals of these laws had not been satisfactory because they were based upon the very mediocre Water Management Strategy. However, it is impossible to believe that the new bill proposals drafted in only a few days are better. Even a cursory comparison of the new bill proposals prepared at the directive of the responsible minister with the previous bill proposals reveals that the new bill proposals represent a great step backward and were written in a precipitous manner, in many segments completely neglecting the rights of citizen users as well as the fundamental determinants of European water legislation and the adopted Water Strategy, and do not contribute in the least to a better system of oversight and transparency. The ease with which one of the most important laws regulating the management of one of the major natural resources of our country has been changed is incredible. Closer reading of these bill proposals reveals the true reasons for the Commission’s profound concern:

1. According to the new bill proposals for these two laws, the water management system will be even more centralized, which is in direct contradiction to democratic standards and EU regulations, particularly the EU Water Framework Directive. One of the fundamental strategic determinants of the guidelines set forth by the Croatian Water Management Strategy, which was adopted by the Croatian Parliament, is the decentralization of water management and the more direct inclusion of the public and shareholders in the management process. However, according to these bill proposals it is anticipated that one and the same institution, Croatian Waters, would have nearly all professional, financial, regulative and oversight authority in its hands, and that it would adopt water management plans, which it would implement — plan, finance and monitor. It is very difficult for such a completely closed management system to be controlled and monitored by the public. For example, flood control plans are adopted and implemented without any public competition, and “monitored” exclusively by Croatian Waters. In this sector alone, the annual revenues from water fees amount to 915 million kunas. Such regulations would place Croatian Waters in a situation of constant and intolerable conflict of interests, which is incompatible with any democratic standards and the right of citizens to an objective, unbiased, public service that serves the interests of users and the protection of national natural wealth.

2. Unlike the bill proposals that have already had two readings in Parliament, the new bill proposals represent a significant departure from the democratic standards of public offices and services, and thus no longer provide for the following:
– The primary role of the Institute for Waters should be scientific research, consultation and strategic development, in cooperation with international professional and other relevant institutions, especially those of neighboring countries with which Croatia must cooperate in this area. Such an institute could provide guidance and advice in the implementation of the EU Water Framework Directive and adopt numerous guidelines necessary for the rational achievement of the goals of the Strategy and Framework Directives, which would be operationally implemented by Croatian Waters and other institutions. Due to EU regulations and practice, it is unacceptable for all of this to be within the competence of a single institution, Croatia Waters. To date, such a practice, among other things, has impoverished the professional foundations essential for water management and professional personnel, and an adequate number of new professionals have not been trained. This, among other things, has had negative consequences on the level of awareness of our citizens with regard to the conservation and rational consumption of water.
– The new bill proposal for the Water Act no longer provides for the establishment of a Croatian regulatory agency for water services, which would approve the fee structure for water services and guarantee socially acceptable conditions for water services, as well as solidarity within Croatia and standardization. Until now, cities and municipalities have independently adopted their fees for water supply and sewage disposal, frequently covering other costs through these fees, particularly the irrational operations of utility companies and large water losses.

– Moreover, these new bill proposals do not provide for supplying the social minimum guaranteed to the poor among our citizens, which is by no means the least of their shortcomings. This minimum, considering our wealth of water and the poverty in society, should be free of charge, which would be compensated for by a higher fee for the frequently uncontrolled and prodigal consumption of water.

3. The new bill proposals for water and water management funding have not provided safeguards against the uncontrolled privatization of water resources, a strategy for the export of water to countries that have a recognized need for a supply of drinking water, or safeguards against the illegal and uncontrolled extraction of gravel and sand from pumping sites. This has opened the way for highly interested multinational companies, as well as some socially and morally irresponsible local businessmen, to earn extra profits at the expense of the remaining Croatian national nonrenewable and renewable resources.

4. Similarly, nearly no institutionalized participation by citizens and other participants has been anticipated in the preparation of the basic regulatory documents, nor has a structure been anticipated for informing citizens about water services or access by citizens and participants to information regarding the use and spending of water fees.

5. In addition to profound concern due to all the aforementioned, our situation moves us to urge all state institutions and civil associations, as well as all the citizens of the Republic of Croatia, to demand a broad public debate on these issues of vital importance to Croatians of all ages, with respect to the following:
– the duty to preserve and promote the natural environment,
– the importance of the national interests in preserving water wealth,
– responsible water management,
– the right to effective oversight by citizens, shareholders and users regarding all the revenues generated from water and other fees,
– the right to supervision of the spending of these funds by all the state users and the local and regional self-management unit users.

In a world in which conflicts and wars for water have already begun and in which it is a human right and civic duty to preserve this universal natural resource, Croatian citizens have the right and duty to exert direct influence on the passage of water regulations and legislation, management and public water services, in order to keep this Croatian natural treasure under public ownership for the good of all citizens and generations.

All the countries of the EU and our neighboring countries have long ago adopted appropriate legislation adapted to the European democratic principles of water management, which primarily protect their national natural wealth, take account of the existential importance of water for people and the environment, and emphasize the social category of water and the importance of increasing economic development through water use. Unfortunately, in Croatia all these processes have been delayed, and when the existing situation changes it is done without a national consensus but only within a closed setting and by individuals unknown to the general public so that no one can be blamed for the ensuing damages.

Therefore, our Commission expects the state authorities and responsible minister to withdraw these unacceptable bill proposals and, pursuant to European regulations, to submit bill proposals to the public and then to the Croatian Parliament that will respect the aforementioned rights, responsibilities and legitimate public interests.