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 Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, March 2013

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 ENVIRONMENTAL ASSESSMENTS Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment and Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Brankica Cmiljanović Jokanović Senior Adviser, Department of Horizontal legislation and the harmonization of regulations Ministry of Sustainable Development and Tourism

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 ENVIRONMENTAL ASSESSMENTS The Law on Environmental Impact Assessment and Law on Strategic Environmental Assessment - were adopted by Parliament of Montenegro Implementation started Laws stipulate the implementation on the central and local level

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 ENVIRONMENTAL ASSESSMENTS SEA The main transposing instrument is the Law on Strategic Environmental Assessment According to the Progress monitoring report the SEA directive is fully transposed The Amendment of the Law on Strategic Environmental Assessment has been adopted in November 2011

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 ENVIRONMENTAL ASSESSMENTS The main transposing instrument is the Law on Environmental Impact Assessment and accompanying bylaws Decree on project subject to environmental impact assessment, Rulebook on the content of documentation to be submitted together with request for determination on the need for environmental impact assessment, Rulebook on the content and extent of documentation to be submitted together with request for determination on the scope and content of environmental impact assessment, Rulebook on the content of environmental impact assessment

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 ENVIRONMENTAL ASSESSMENTS According to the Progress monitoring report the EIA directive shall be fully transposed by The amendments of the Law on Environmental Assessment (has been adopted by Government of Montenegro by the end of June 2012) for time being is in Parliament procedure The amendments to the Decree on project subject to environmental impact assessment is being drafted

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 INTERNATIONAL TREATIES Montenegro has ratified the Convention on Environmental Impact Assessment in a transboundary context - Espoo Convention with two amendments: the First and the Second (Official Gazette of Montenegro, 8/08) It is significant to mention that the state of Montenegro signed the Multilateral Agreement among the countries of South-Eastern Europe for implementation of the Convention on environmental impact assessment in a transboundary context, whereas the Law on Ratification of this multilateral agreement was adopted and published in the Official Gazette of Montenegro,02/09 Law on Ratification of the SEA Protocol - Strategic Environmental Assessment in a transboundary context, to the Espoo Convention was enacted by the Parliament of Montenegro and published in the Official Gazette of Montenegro - International Treaties, 02/09

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 objectives of SEA Law are as follows: 1) ensure that environmental and public health issues are fully taken into consideration in the development of plans or programs 2) set clear, transparent and efficient procedures for SEA 3) provide for public participation 4) provide for sustainable development 5) enhance the level of protection of human health and the environment The scope of SEA Law THE OBJECTIVES OF SEA 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 The objectives of EIA Law are as follows The EIA shall identify, describe and assess, in each individual case, the potential direct or indirect impact of an intended project on the following: 1) human life and health, flora and fauna 2) land, water, air, climate and landscape 3) material assets and cultural heritage 4) mutual relations of mentioned elements The scope of EIA Law THE OBJECTIVES OF EIA 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 The authority responsible for preparing a plan or program shall not submit the plan or program for further adoption procedure without having previously obtained an approval of the SEA Report from the authority responsible for environmental protection A project developer may not commence with project implementation without having conducted environmental impact assessment (EIA) procedure and obtained the approval of the Competent Authority for the EIA Study GENERAL OBLIGATIONS

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 COMPETENCIES Competent authority in charge of preparation of plans or programs is responsible for the implementation of the SEA procedure : The state administration body responsible for preparing the plan or program - for the plans and programs to be adopted by the authorities at the national level The local administration body responsible for preparing the plan or program - for the plans and programs to be adopted by the authorities at the local level. The authority responsible for granting an approval of the SEA Report: Is the Administration authority responsible for environmental protection (EPA) Is the local authority responsible for environmental 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 C ompetent authorities responsible for the implementation of the EIA procedure are: a state authority responsible for environmental protection – for projects for which approvals, permits and licences are issued by other state authorities (EPA) a local authority responsible for environmental protection – for other projects for which approvals, permits and licences are issued by other local authorities COMPETENCIES

Chapter 27: Environment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment Scope of Implementation : The SEA 1) is mandatory for all plans and programs in the area of agriculture, forestry, fishery, hunting, energy, industry including mining, transport, telecommunications, tourism, regional development, town and spatial planning or land use, coastal zone management, water management, and waste management, laying down the framework for future development of projects that are subject to environmental impact assessment in accordance with the special act, which, considering the area within which they are carried out, may have an impact on the protected areas, natural habitats and conservation of wild flora and fauna. SCOPE OF IMPLEMENTATION OF SEA

Chapter 27: Environment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment 2) May be required for the plans or programs providing for the use of smaller areas at the local level providing for minor amendments to the plans or programs that are not listed above, providing a framework for developing future projects 3) No SEA shall be required for the plans and programs intended for National defense Mitigation and elimination of consequences of natural disasters Financial and budget plans SCOPE OF IMPLEMENTATION OF SEA

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 EIA covers intended and ongoing projects that may have significant impact on the environment or human health Impact assessment shall also be undertaken for projects in industry, mining, energy, transport, tourism, agriculture, forestry, water management and utilities, as well as for all the projects that are planned on protected natural heritage sites and within the protected environment of immovable cultural heritage Decree on projects subject to environmental impact assessment (Official Gazette of the Republic of Montenegro, 20/07) - List of projects for which EIA is mandatory (Annex I) - List of projects for which EIA may be required (Annex II). No EIA shall be required for to projects serving the national defence purposes or aimed at remediation of consequences of weather and natural disasters SCOPE OF IMPLEMENTATION OF EIA

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 STAGES IN THE SEA & EIA Stages in the SEA Procedure -Decision on the need to prepare the SEA for the plans and programs (Article 5(1,2)) -Defining the scope and contents of SEA Report -Decision on granting the approval for the SEA Report For the plans and programs co-financed by the European Union, the SEA shall be carried out in accordance with SEA Law and the European Union regulations. Stages in EIA Procedure - Decision on the need for conducting EIA; -Defining the scope and contents of the EIA Study (Environmental Report); - Decision on granting the approval of the EIA Study.

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 SEA AND EIA PROCEDURE Public participation Rulebook On The Content And Extent Of Documentation To Be Submitted Together With Request For Determination On The Scope And Content Of EIA Scope and level of detail that should be included, Desicion on SEA Content of SEA Report, includung Non tehnical Summary Rulebook On The Content Of Environmental Impact Assessment, includung Non tehnical Summary Decision on the need for conducting EIA ( Annex III) Decision on the need SEA, Screening criteria (Annex II) Public authorities, concernd public, public hearing, Report on public participation... Takes into account the results from public consultations, Available to the public Monitoring program-after the implementation of the plan or program SEA monitoring and EIA - Environmental Impact Monitoring Program Screening Scoping SEA Report / EIA Study (Environmental Report ) Public Consultation and Public Hearing Monitoring Screening Scoping Decision and Information on decision Screening Scoping Not mandatory for EIA

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 DECISION ON SEA The need for the elaboration of SEA for plans and programmes shall be determined through investigation of each case individually on the basis of criteria for determining significant impacts on the environment The Decision on the elaboration of SEA is based on the previously obtained opinion of the competent environmental protection authority, competent health care authority and other authorities and organisations concerned The competent authority shall make the decision on the elaboration of SEA simultaneously with the decision on preparation of plans or programmes The Decision shall constitute an integral part of the Decision on preparation plans and programs and shall be published in the Official Gazette of Montenegro, i.e. in the Official Gazette of Montenehro- Municipal Regulations

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 DECISION ON EIA Decision on the Need for EIA (Rulebook on the content of documentation to be submitted together with request for determination on the need for environmental impact assessment) Application for Decision Consideration of the Application Information Dissemination Decision-making Application for the Decision on the Scope and Contents (Rulebook On The Content And Extent Of Documentation To Be Submitted Together With Request For Determination On The Scope And Content Of Environmental Impact Assessment ) Decision upon the Application Decision on the Contents and Scope of the EIA Study

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 EIA STUDY Rulebook On The Content Of Environmental Impact Assessment Content of the Environmental Impact Assessment General Information Site Description Project Description Description of Considered Alternatives Description of the Segments of Environment Description of Potential Significant Impacts Description of the Measures Envisaged in order to Avoid, Reduce and Remedy Significant Adverse Effects on the Environment Environmental Impact Monitoring Program Information on Possible Difficulties Non-Technical Summary

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 SEA Report shall contain data describing and assessing the potential significant impacts on the environment that may result from the implementation of a plan or program, in addition to the alternatives considered, taking into account the objectives and geographical coverage of the plan or program, to the extent specified by the Decision Potential significant impacts on public health and the environment, including factors such as biological diversity, population, fauna, flora, soil, water, air, climatic factors that have an impact on climate change, material resources, cultural heritage, including architectural and archaeological heritage, landscape and mutual relations between these factors Mitigation measures Overview of potential significant transboundary impacts Description of the environmental status monitoring programs, including human health, both during and after the implementation of the plan and program (monitoring), Nontechnical summary SEA REPORT

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 TRANSBOUNDARY IMPACTS (LAW ON EIA & LAW ON SEA) When an intended project or plan and program may have a significant impact on the environment in another state, or when another state whose environment could be significantly threatened requests so, the state authority responsible for environmental protection issues shall promptly, and not later than within the deadlines set forth for informing its own public, submit to another state the information... –the project, plan or program together with all available data on its possible impacts –the nature of the decision that may be adopted; and –the time period within which another state may announce its intention to participate in the the decision-making (SEA&EIA) procedure. In case of potential transboundary impacts, the state administration body responsible for environmental protection shall initiate the procedure of exchange of information on transboundary impacts...

Chapter 27: Environment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment PUBLIC CONSULTATION, PUBLIC HEARING SEA, EIA Participation of Authorities and Organizations Concerned, NGOs, Concernd public, Public... (screening, scoping, evaluation of the SEA Report & EIA Study) Transboundary Impacts – Transboundary Consultations Public Hearing Report on Participation of Authorities and Organizations Concerned and NGOs Public Hearing Evaluation of the SEA Report and EIA Study

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 competent authority responsible for preparation of plans and programmes shall submit the SEA report to the competent environmental protection authority for approval together with the report on participation and the public hearing of authorities and organizations concerned The competent environmental protection authority shall grant approval or refuse to grant the approval for the SEA report The Evaluation of the Report shall be carried out based on the criteria Quality of SEA Report is to be checked by Commission established for evaluation of the SEA Report EVALUATION OF THE SEA REPORT & EIA STUDY Evaluation of the SEA Report

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 Evaluation of the EIA Study The Competent Authority shall establish a Commission (Environmental Impact Assessment Commission) The Competent Authority shall submit the Study to the Environmental Impact Assessment Commission together with the remarks and opinions obtained during the public viewing period and the debate. Quality of EIA Study is to be checked by Commission EVALUATION OF THE SEA REPORT & EIA STUDY

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 Approval for the SEA Report The obligation to inform the state that participated in the SEA procedure Access to Information The SEA Report, results of participation of authorities and organizations and the public concerned and other States in cases of transboundary impacts shall make an integral part of the documentation basis of plans or programs In addition, the authority responsible for preparing the plan or program shall provide for the access to data following the adoption of the plan or program. DECISION AND INFO ON DECISION

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 Approval for the EIA Study The obligation to inform the state that participated in the EIA procedure Information, register keeping and access to data Obligation to Keep Records and Set up a Data Base Access to Data - The Competent Authority is obliged to provide access to the data relating to the EIA procedure conducted to the authorities and organisations and public concerned DECISION AND INFO ON DECISION

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 (3) Environmental Protection Agency EIA (3), SEA (2) Municipalities (34)

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 Number of the SEA procedures Number of the SEA conducted by EPA Number of the SEA conducted by Local level Total SEA Total SEA

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 NUMBER OF THE EIA PROCEDURES CONDUCTED BY EPA Ʃ Aprovall granted No need EIA Approvall rejected437 Withdrawal33 Total

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 NUMBER OF THE EIA CONDUCTED BY LOCAL LEVEL Total EIA is mandatory EIA required Total EIA

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 TIME FRAME FOR EIA Stages of EIATime frame according to the existing EIA Law Time frame according to the Amendments to the EIA Law I - Decision of the need for conducting EIA19 days15 days II – Decision of the content and scope EIA 60 days 34 days III – Granting or rejecting EIA approval55 days50 days Total134 days99 days

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 SUPERVISION OF THE LAWS IMPLEMENTATION Supervision of the Laws Implementation (SEA & EIA) Inspection supervision Access to Justice Penalty provisions Law on Misdemeanors ("Official Gazette of Montenegro", 01/11) Pecuniary Fines for Authorities and Responsible Persons Pecuniary fines for authorities and responsible persons prescribed by the environmental laws are doubled for the misdemeanours for the environment according to the Law on misdemeanors (Official Gazette of Montenegro, 06/2011)

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 IMPLEMENTATION OF THE LAW ON GENERAL ADMINISTRATIVE PROCEDURE The Law regulating General Administrative Procedure shall apply with respect to any issues that are not specifically regulated by EIA & SEA Law The Law on General Administrative procedure stipulates that any individual or organization whose right is violated by a decision taken by the first instance authority may appeal to the second instance authority Also the regular remedy is a charge

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