PRESENTATION OF MONTENEGRO 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, 18-22 March 2013

Regulation EC/1005/2009 on substances that deplete the ozone layer and Chapter 27: Environment and Climate Change Regulation EC/1005/2009 on substances that deplete the ozone layer and Regulation EC/842/2006 on certain fluorinated greenhouse gases Iva Kolinovic and Tatjana Boljevic Environmental protection Agency iva.kolinovic@epa.org.me Olivera Kujundzic Ministry of Sustainable Development and Tourism olivera.kujundzic@mrt.gov.me 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

Ratification status on 23th October 2006 Montenegro ratified Chapter 27: Environment and Climate Change Ratification status on 23th October 2006 Montenegro ratified (by means of succession): Vienna Convention for the protection of ozone layer; Montreal protocol on substances that deplete the ozone layer and four Amendments to the Montreal Protocol : London Amendment; Copenhagen Amendment; Montreal Amendment and Beijing Amendment. 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 operates under the Article 5 of the Montreal Protocol Chapter 27: Environment and Climate Change Montenegro operates under the Article 5 of the Montreal Protocol Control Measures for Article 5 Parties (Consumption & Production in % reduction from baseline) ODS 2010 2013 2015 2020 2025 2030 2040 CFCs Halons CTC HBFC BCM 100% Methyl chloroform 75% HCFCs Freze at average 2009- 2010 10% 35% 67.5% 100%* Methyl bromide 20% * Allowing for servicing an annual average of 2.5% during 2030-40 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 Montenegro adopted: Country programme for elimination of ODS (CP) Terminal phase-out management plan for CFCs (TPMP) HCFC phase-out management plan (HPMP) As a A5 country of Motreal Protocol, it was eligible for financial assistance from the Multilateral Fund of the Montreal Protocol. 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

Country programme for elimination of ODS Chapter 27: Environment and Climate Change Country programme for elimination of ODS adopted in 2007 the Action Plan represents a strategy for the reduction of consumption of ozone depleting substances the objective was: 2010 - 0 tons objective has been achieved 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

Terminal phase-out management plan for CFCs Chapter 27: Environment and Climate Change Terminal phase-out management plan for CFCs adopted in 2007 for the period of three years Activities: establishing Recovery/Recycling scheme training of service technicians training of trainers /professors in secondary vocational school/ training of customs officers 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

HCFC phase out management plan Chapter 27: Environment and Climate Change HCFC phase out management plan Adopted in 2010 for the period 2010-2020 Objective: reduction of HCFC substances in accordance with the Montreal protocol provisions Activities: support the initiation of a Refrigeration Association and a Code of Good Practice training and certification of technicians and companies improved service equipment in the servicing sector improvement Re-use scheme and capability to monitor quality of refrigerants training of the ecological inspectors awareness raising 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

Competent Authorities and administrative capacities Chapter 27: Environment and Climate Change Competent Authorities and administrative capacities Ministry of Sustainable Development and Tourism: transposition and drafting the legislation and supervision 2 employees Environmental Protection Agency (EPA): implementation of legislation Inspection Directorate - Environmental inspection: enforcement of legislation 7 environmental inspectors (total number of inspectors) Customs Directorate import/export control 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 Legal framework Law on air protection which prescribes: licenses for maintenance and/or repair and decommissioning of products containing ODS/F gases, prohibitions, inspectors rights and duties and penalties Decree on substances that deplete the ozone layer and alternative substances prescribes: phasing out of consumption of ODS, handling of ODS and F gases, handling of products that contain such substances or are produced with them, import, export and placing on the market of such substances and products, handling of such substances after terminating the use of products containing them, method of collecting, using and permanently disposing them and labeling of products that contain F gases 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 Prohibitions 1) producing of ozone depleting substances; 2) import and/or export of ozone depleting substances, or products containing the substances established by the Montreal Protocol, from the countries or to the countries which are not parties to the Protocol; 3) import and/or export of ozone depleting substances and alternative substances failing to procure the license from EPA; 4) import and placing on the market of new products containing ozone depleting substances, with the exception of hydrochlorofluorocarbons, failing to procure the license from EPA; 5) environmental release of ozone depleting substances and alternative substances; 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 Prohibitions (2) 6) charging the systems using alternative substances with ozone depleting substances; 7) flushing with ozone depleting substances; 8) import, placing on the market and use of disposable cylinders for storing ozone depleting substances and alternative substances; 9) retail sale of ozone depleting substances and alternative substances; 10) import and placing on the market of used products and equipment containing ozone depleting substances; 11) import of used, recycled and reclaimed ozone depleting substances 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 Decree on substances that deplete the ozone layer and alternative substances Covers: ODS New ODS whether existing alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed, including their isomers Alternative substances (F gases) and their mixtures Products which contain ODS or are produced with them, or which may contain alternative substances or are produced with them 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

Imports, exports and placing on the market Chapter 27: Environment and Climate Change Imports, exports and placing on the market Imports and/or exports of ODS, F gases or products is carried out with the permit issued by EPA Imports and placing on the market of ODS, except for HCFCs, is not allowed (HCFC phase out is planned in accordance with Montreal Protocol) Imports and placing on the market of ODS products is not allowed Quota system - established 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

Imports for special purposes Chapter 27: Environment and Climate Change Imports for special purposes protection of human health, flora and fauna control of certain pests or diseases state defense and security transport security fire protection safety laboratory and analytical uses where other more environmentally suitable and technically or economically acceptable substitutes are not available. 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 Reporting Legal person or entrepreneur performing the imports, exports and placing on the market of ODS and F gases shall submit to the Environmental Protection Agency: evidence on imported or exported amounts of ODS and F gases (Unified Customs Document) for each issued permit, not later than three days after the performed imports or exports. annual report on: imports of ODS and F gases and end-users of such substances, through imported amounts for each substance individually, amounts placed on the market and their eventual purposes, existing stocks exports of ODS and F gases, through exported amounts for each substance individually, establishing amounts exported to each state individually, amounts of recovered ODS and F gases, exported for reclamation, as well as existing stocks of those substances. 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 Leakage control ODS/F gases charge of 3 kg or more check for leakage every 12 months, not including equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled or alternative substances; ODS/F gases charge of 30 kg or more check for leakage every 6 months; ODS/F gases charge of 300 kg or more check for leakage every 3 months. Owner and/or user shall install a leakage detection device. 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 Labeling Products or cylinders containing alternative substance and their mixtures cannot be placed on the market unless labeled. The label includes: chemical formula, amount of alternative substance expressed in kilograms and a note: “contains fluorinated gas governed by Kyoto Protocol” 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

Recovery of ODS and F gases Chapter 27: ENVIRONMENT AND CLIMATE CHANGE ODS and F gases contained in products shall be recovered, during the maintenance, repair or putting out of use or at the latest at the disposal site, into a device intended for that purpose, for their recycling, reclamation or destruction. The recovery of ODS and F gases shall be carried out by the legal person or entrepreneur authorized for the maintenance and/or repair and decommissioning of the products containing ODS and F gases 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 Licensing Legal person or entrepreneur may perform maintenance and/or repair and decommissioning of products containing ODS and F gases if it meets the following requirements: 1) it has been registered in the Central Registry of the Commercial Court of Podgorica (hereinafter CRCC) or appropriate registry of relevant authority in the home country of a foreign legal person for the conduct of such activities; 2) it has at least one employee with secondary school or university degree, mechanical or technical engineering department, who has completed training in proper handling and servicing of refrigeration and air conditioning devices; 3) it has a device for the recovery and/or recycling of ODS/F gases and cylinders for recovery; 4) it has room for keeping cylinders with collected substances. 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

Future activities - implementation challenges Chapter 27: Environment and Climate Change Future activities - implementation challenges identifying authority for training and certification minimum requirements for certification minimum requirements for training establishing training and certification requirements based on the minimum requirements for mutual recognition 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

Thank you