Second BERCEN Plenary Meeting Ohrid September 15 -16

Second BERCEN Plenary Meeting Ohrid, September 15 -16 2003 Agenda item 11 Key achievements in environmental enforcement and compliance, and discussion on the selected issue/problem in Montenegro Biljana Djurovic Ministry of Environment and Physical Planning

Key achievements 1. Economic Reform Agenda for Montenegro (2003 -2006) Goal - To establish a modern environmental protection that provides the foundation for development of Montenegro as an Ecological State Key parameters - Harmonization with EU environmental regulations and requirements, and participation in “Environment for Europe” process - Implementation of relevant international conventions

Economic Reform Agenda for Montenegro ENVIRONMENTAL SECTOR • Establishment of an efficient environmental protection legal system • Improvement of economic instruments and financing mechanism • Effective pollution control and management of natural resources • Enhanced sustainability of protected areas

Economic Reform Agenda for Montenegro 2003 -2006 SPECIFIC INITIATIVES 1. Modification of the umbrella Environment Act with EU standards and requirements 2. Harmonization and implementation of relevant subordinate laws and regulations 3. Establishment of Environmental Protection Agency 4. Founding of the Montenegro Ecological Fund 5. Decentralization of environmental competences

Economic Reform Agenda for Montenegro 6. Support to implementation of environmental laws and regulations at the municipal level 7. Information dissemination and support to public participation in environmental decision-making at all levels 8. Development of comprehensive environmental information and monitoring system 9. Strengthening of pollution control 10. Improvement of protected areas management and biodiversity conservation

Economic Reform Agenda for Montenegro Agenda defines: • Responsible Institutions • Timetables • Donor Support Proposed www. vlada. cg. yu

Key achievements, cont. 2. Development of environmental legislation in Serbia and Montenegro (YUGOLEX Project) • • Transposition of five EU Directives: Council Directive 97/11/EC amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment Council Directive 96/61/EC concerning integrated pollution prevention and control

Development of environmental legislation in Serbia and Montenegro (YUGOLEX Project) • Directive 2001/42/EC on the assessments of the effects of certain plans and programs on the environment • Directive 200335 EC providing for public participation in respect of drawing up certain plans and programs relating to the environment • Directive 2003/4/EC on the public Access to environmental information

Development of environmental legislation in Serbia and Montenegro (YUGOLEX Project) All five directives are published in the second revised edition of the bilingual publication EU DIRECTIVES IN FOCUS www. yugolex. org

YUGOLEX Project Work Plan for June 2003 - June 2004 Activities • General activities (office installation, recruitment of local expert, development of environmental glossary, informative workshops…) • Harmonization of the Montenegrin with EU environmental legislation (assessment of compliance of the primary and secondary legislation) • EIA and SEA (list of installations and activities in Montenegro- EIA Directive, assessment of present institutional capacity for implementation

YUGOLEX Project Work Plan for June 2003 - June 2004 of EIA and SEA, assessment of need to combine EIA procedure with env. permitting procedure and land use planning, list of the present authorities consulted in the EIA and SEA procedure, assessment of the present qualifications required of persons or entities, drafting of the proposals, public consultation, workshop, correction of draft proposals, delivery to the Ministry)

YUGOLEX Project Work Plan for June 2003 - June 2004 • IPPC (list of installation and activities, assessment of existing environmental permitting regime, assessment of the need to integrate different permitting procedures, assessment of existing environ. authorities for compliance and control, identification of medium and small-scale install. not covered by IPPC Directive, drafting of legal proposals,

YUGOLEX Project Work Plan for June 2003 - June 2004 public consultation, workshop, correction of draft legislation proposals, delivery to the Ministry) • Access to environmental information and public participation (assessment of legislation in force or under drafting, drafting of legal proposals, public consultation, workshop, correction of draft legislation proposals, delivery to the Ministry)

Key achievements, cont. 3. THE DRAFT LAW ON AMBIENT AIR QUALITY Final product of the technical assistance under RERe. P 1. 3 first phase In line with Council Directive 96/62/EC on ambient air quality assessment and management and Council Directive 2003 /4 /EC on public access to environmental information

THE DRAFT LAW ON AMBIENT AIR QUALITY • • • Steps in implementing activities Draft law prepared within the Ministry Table of concordance, proposing concrete text amendments to the draft law prepared by the international legal expert Working together, international legal expert and Ministry experts, on final version of the draft law Workshop for relevant stakeholders Public hearing on going

Key achievements, cont. 4. Taking over environmental responsibilities from the federal level Import, export and transit of: • Waste, • Ozone depleted substances, • Species under CITES permit regime, • Radioactive materials

Key achievements, cont. 5. Training programs and workshops • Informative SEA workshop, July 2003, Budva • Workshop on Draft Air quality law, July 2003, Podgorica • Workshop on Minimum criteria for inspection, October 2003, Belgrade • Informative workshop on Basel Convention, December 2003, Podgorica

Introduction of selected problems Two major problems: • Insufficient number of inspectors • Lack of system for the Training and Qualification of inspectors and permit writers

Introduction of selected problems Objectives: • To fulfill additional responsibilities overtaken from the federal state • To put in place the system for Training and Qualification of Inspectors and permit writers • To increase the number of qualified inspectors • To assess qualification, skills and competences of inspectors and permit writers • Continual professional development (Refresher Training)

Introduction of selected problems Current situation • Four state inspectors • The same authority is responsible for both permitting and inspection • Entry qualifications for inspectors-permit writers are defined, but can not be fulfill • There is no formal training system in place • No formal assessment of inspector’s skills and knowledge is undertaken • There is no juridical inspector within the inspectorate

In-country Training Program Training and Qualification for Environmental Inspectors Scope: To identify number, qualification and training needs for inspectors/permit writers undertaking inspections as specified in art. IV – VIII of the Recommendation of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC)

Training and Qualification for Environmental Inspectors Objective: To put in place formal system for Training and Qualification of Inspectors and Permit Writers Timing and location: March 2004, Podgorica, Montenegro

Training and Qualification for Environmental Inspectors Trainers: Two IMPEL experts and three local experts Participants: Deputy ministers from all ministries involved in environmental protection, inspectors and permit writers from all inspectorates (about 40 participants)