M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 27 – Environment and Climate Change Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, March 2013

Chapter 27: Environment and Climate Change GENERAL OVERVIEW CHAPTER 27 Ivana Vojinović, MSc Director General for Environment Ministry of Sustainable Development and Tourism M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Montenegro and EU - milestones Montenegro has signed Stabilisation and Association Agreement in 2007; The CANDIDATE COUNTRY STATUS to Montenegro was granted in December 2010; In June 2012 Montenegro entered into NEGOTITATION PROCESS with the EU.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Cooperation activities SUB-COMMITTEE meetings for Energy, Transport, Environment and Regional Development; Regional Environmental Acession Network – RENA (ECRAN as of March 2013); TWINNING PROJECT (IPA funded); IPA funded projects; TAIEX Instrument (intensified in ).

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Content of the Presentation LEGISLATIVE FRAMEWORK INSTITUTIONAL SET UP FINANCIAL IMPLICATIONS

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE The main legislative instruments The Law on Environment (“OG of MNE”, 48/08); The Law on Environmental Impact Assessment ("OG of MNE", no. 80/05, 40/10); The Law on Strategic Environmental Impact Assessment ("OG of MNE", no. 80/05, 59/11); The Law on Air Protection (“OG of MNE”, 25/10); The Law on Water ("OG of MNE", 27/07); The Law on Waste Management (“OG of MNE”, 64/11); The Law on Nature Protection (“OG of MNE”, 51/08); The Law on National Parks (“OG of MNE”, 56/09, 40/11); The Law on Integrated Pollution Prevention and Control ("OG of MNE", no. 80/05); The Law on Chemicals (“OG of MNE”, 11/07); The Law on Environmental Noise (“OG of MNE”, 28/11); Numerous secondary legislation.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Horizontal legislation TRANSPOSITION Transposition score in this sub-chapter is high. EIA and SEA directives, directives on Public Participation and Access to information are mainly fully transposed into national legislation. IMPLEMENTATION EIA and SEA procedures are regularly implemented both on the state and local level, access to environmental information is enchanced through Aarhus centres, public participation procedures are integrated in all key Laws. THE MAIN CHALLENGES Transposition and implementation of the INSPIRE Directive and the Liability Directive.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Air Quality TRANSPOSITION Framework directives are fully transposed; Directives regarding VOCs emissions from fuel storage and distribution shall be transposed by IMPLEMENTATION Air Quality and Fuel Quality are monitored in accordance with EU requirements; Montenegro recently adopted the National Strategy on AQ Managemant and the first local AQ Plan. THE MAIN CHALLENGES Missing equipment for AQ Monitoring; Investments related to implementation of VOCs Directives; Compliance with AQ standards (mostly PM).

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Waste Management TRANSPOSITION Legislative framework is highly harmonised with EU Acquis in this sector. IMPLEMENTATION Implementation requires significant investments and is planned through Strategic Waste Managemant Master Plan. National and local waste management Plan (IPA 2009) THE MAIN CHALLENGES Challenges are related to implementation – establishment of different types of waste managemant systems and achievement of quantified goals on reuse, recycling and reduction of waste

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Water Quality TRANSPOSITION There are additional efforts needed for full alignment with WFD and other Directives in this sector; Law on Water is the main instrument transposing WFD ( partially harmonized). IMPLEMENTATION There is a need for improvement of water monitoring system, and in general water protection issues, as well as strategic and planning documents. THE MAIN CHALLENGES Challenges are related both to transposition and implementation. The main implementation challenges are related to development of River Basin Managemant Plans and significant investments needed for implemetation of Urban Waste Water Directive.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Nature Protection TRANSPOSITION The amended Law on Nature Protection (in Parliament procedure) upgrades the transposition score. IMPLEMENTATION Mapping of habitats; Development of methodology for gathering of existing biodiversity data; Draft catalogue of habitat types. THE MAIN CHALLENGES The main challenge is the establishment of NATURA 2000 network (IPA funds).

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Integrated Pollution Prevention and Control TRANSPOSITION New IED Directive (No. 2010/75) is partially transposed. IMPLEMENTATION Montenegro entered the process of issuing of IPPC permits for new installations since 2008; for existing installations by THE MAIN CHALLENGES Ability of existing installations to align with IED requirements.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chemicals TRANSPOSITION The new Law on Chemicals (2012) significantly improved transposition in this field. Montenegro is in the process of further improvement through secondary legislation. IMPLEMENTATION The implementation is still in the inception phase. (March 1 st 2013) THE MAIN CHALLENGES Challenges are the following: strategic planing, establishment of register and database of chemicals and in general implementation of the new legislation.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Noise TRANSPOSITION Framework Directive fully transposed. IMPLEMENTATION Noise mapping shall be completed in 2017; Action plans shall be developed by THE MAIN CHALLENGES It is necessary to stregnthen local capacities in order to reach the full implementation.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Civil Protection TRANSPOSITION Law on Protection and Rescue is partially harmonised with directives on the assessment and management of flood and risks on the control of major- accident hazards. IMPLEMENTATION In protection from floods competences are shared between two Ministries (Ministry of Agriculture and Rural Development and Ministry of Interior); In industrial accidents competences are shared between two Ministries (Ministry of Ssustainable Development and Tourism and Ministry of Interior). THE MAIN CHALLENGES Challenges are both related to transposition and implementation.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities At governmental level the main role is played by the Ministry of Sustainable Development and Tourism (horisontal legislation, air quality, waste managemant, marine and nature protection, industrial pollution prevention and control, chemicals, environmental noise). The Ministry has 3 sectors involved in environmental protection and total of 35 employes.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities - MSDT The Sector for Environment is in charge of: – horizontal legislation, – protection of atmosphere, – nature conservation, biodiversity and land protection, – integrated management of the sea and coastal areas, – industrial pollution, – noise, – chemicals control. Climate change falls under the responsibility of the Sector for International Cooperation and Climate Change. Waste management is the responsibility of the Sector for Waste Management and Municipal Development.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities Ministry of Sustainable Development and Tourism (35 employees working in the field of environment) Ministry of Sustainable Development and Tourism (35 employees working in the field of environment) Environmental Protection Agency (70) Institute for Hydro-meteorology and Seismology (12 employees in environmental sector) Institute for Hydro-meteorology and Seismology (12 employees in environmental sector) PE National Parks (53 in the field of environment) PE National Parks (53 in the field of environment) Center for Ecological Testing (66) PE Coastal Zone (44) PROCON (17) Institurte for Marine Biology (24) Institurte for Marine Biology (24) Directorate for Inspection (7 – ecological inspection, 11 – hunting inspection, 8 – forestry inspection, 2 – water inspection)

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities Other Ministries involved are: The Ministry of Agriculture and Rural Development: – water management and protection, – forestry, – animal welfare, – hunting, etc. This ministry is supervising other public authority bodies relevant for environment protection such as: Directorate for Waters, Directorate for Forestry, Veterinary and Phyto-sanitary Administration, etc. The Ministry of Economy whose competences over industry, market control, energy and energy efficiency, mining and mining waste often intersect with environment protection.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities (cont.) The Ministry of Transport and Maritime Affairs: – marine fuels control, – noise mapping for the main roads and – emissions from cars and vans in the scope of type approval. The Ministry supervises Directorates for Road and Rail Transport and civil aviation and Maritime Safety Administration. The Ministry of Interior: – civil protection, – protection from floods and – industrial accidents. The Ministry of Justice which is generally in charge of law enforcement,but in particular for protection of environment through the criminal law.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities The Ministry of Finance - INSPIRE Directive through Real Estate Administration. The Ministry of Health - drinking water quality and health related advices to the public regarding the air quality issues, as well as management of medical waste.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Competence overlappings AuthorityScope Ministry of Agriculture and Rural Development Water quality, hunting, animal welfare, quality of waste waters The Ministry of EconomyMining waste managemant, marketing of fuels and biofuels The Ministry of Transport and Maritime Affairs Marine fuel, noise action plans for major roads, emissions from cars and vans The Ministry of InteriorFloods managemant, risks control of accident hazards The Ministry of JusticeEco-crime The Ministry of FinanceINSPIRE The Ministry of HealthDrinking water quality, medical waste

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities at local level There are 21 municipalities in Montenegro. Many of them have special services for environment protection employing: – From 5-10 employees (Nikšić and Podgorica); – From 1-5 (Pljevlja, Berane, Danilovgrad, Budva, Kolašin, Kotor, Herceg Novi); – All other municipalities (12) have at least one employee in charge of environmental matters.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Administrative capacities at local level Municipalities: develop local environmental plans and reports and in accordance with their abilities organize monitoring; maintain local registers of polluters and perform EIA and SEA procedures for projects and plans or programes of local significance; are in charge of promulgation and protection of the protected areas (III regime); are in charge of acoustic zoning and noise mapping for agglomerations; and many other various competences.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Cooperation with NGOs and public The Ministry of Sustainable Development and Tourism has a very good cooperation with civil society, especially with environmental NGOs; They are involved in cooperation with public authorities in different ways starting from participation in drafting of legal and strategic documents (on the basis of the Regulation on cooperation with NGOs), through Cooperation Protocols that the Ministry signed with NGO Networks (BELS, NATURA 2000, NKEI, etc.); Joint environmental campaings; “Raising Environmental Awarness”; (IPA funded project) Aarhus centres – Aarhus Center in Podgorica (EPA) ; – Aarhus Center in Nikšić ; – Aarhus Center in Berane.

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Financial implications In the scope of recently completed Twinning project “Support to Environmental Management” an estimation of costs for certain number of Directives for Environmental Acquis was made. During the development of the “National Approximation Strategy”, financial implication of the full compliance with Environmental Acquis shall be elaborated in details (IPA 2012).

Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Through RENA project (especially Progress Monitoring exercise), TWINNING Project, Sub-Commettee Meetings, numerous other activities and everyday work and on top of that through the screening process we got a clear picture on state of play regarding harmonization and implementation of Environmental Acquis. It also helped us to come up with the vision on where we are heading to and how to acomplish many challenging goals in this field. We hope to explain this to European Commission in realistic, objective and accurate way during this week. Conclusions

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