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

Public Enterprise for Coastal Zone Management Chapter 27: Environment Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC as amended by Regulation (EC) 596/2009 Aleksandra Ivanovic Head of sustainable development department Public Enterprise for Coastal Zone Management aleksandra.ivanovic@morskodobro.com M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

EXISTING LEGAL DOCUMENTS Chapter 27: Environment EXISTING LEGAL DOCUMENTS Law on Water (Official Gazette of the Republic of Montenegro, 27/07) Decree on classification and categorization of surface and ground waters (Official Gazette of the Republic of Montenegro, 02/07) Program of systematic monitoring of water quality in public bathing sites (Official Gazette of Montenegro, 13/00) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

Chapter 27: Environment RELATION TO THE BATHING WATERS DIRECTIVE Law on Water (Official Gazette of the Republic of Montenegro, 27/07) Article 52 - monitoring of bathing water quality is performed in accordance with Annual program adopted by the Ministry of Agriculture and Rural Development Article 67 - the purpose of, i.e. requirements for the use of waters for bathing are determined by spatial plans Articles 162, 163 - Inspectors for waters are in charge to inspect and monitor the regimes and water quality and are responsible to take actions to forbid or limit the use of the waters M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

Chapter 27: Environment RELATION TO THE BATHING WATERS DIRECTIVE Decree on classification and categorization of surface and ground waters (Official Gazette of the Republic of Montenegro 02/07) Article 12 - defines waters which can be used for bathing Article 13 - two key microbiological parameters a) inland waters: b) coastal waters: Parameter Unit K1 K2 1 Intestinal enterococci /100ml 200 330 2 Escherichia coli 500 900 Parameter Unit K1 K2 1 Intestinal enterococci /100ml 100 200 2 Escherichia coli 250 500 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

Minimal sampling frequency Chapter 27: Environment RELATION TO THE BATHING WATERS DIRECTIVE Decree on classification and categorization of surface and ground waters (Official Gazette of the Republic of Montenegro, 02/07) Article 14 - water sampling dynamics - sampling in the case of accidental situation Article 15 and Annex V - Parameter Minimal sampling frequency Method Microbiological: 1. Intestinal enterococci /100ml every two weeks ISO 7899-1 ili ISO 7899-2 2. Escherichia coli /100ml ISO 9308-3 ili ISO 9308-1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

INSTITUTIONAL FRAMEWORK AND ADMINISTRATIVE CAPACITIES Chapter 27: Environment INSTITUTIONAL FRAMEWORK AND ADMINISTRATIVE CAPACITIES The Ministry for agriculture and rural development (MARD) is the key competent authority for transposition of the the Directive - 3 employees (harmonization with EU Acquis) Inspection Authority -2 Inspectors for water Environmental Protection Agency of Montenegro (EPA MN) - 1 employee (reporting of water quality data to EEA) Public Enterprise for Coastal Zone Management (PE CZM) - 2 employees (implementation of Bathing waters monitoring program at public beaches) Institutions with accredited laboratories for ISO 7899-1 ili ISO 7899-2 ( (Intestinal enterococci) and ISO 9308-3 or ISO 9308-1 (Escherichia coli): Hydrometeorologic and Seismologic Institute 10 employees Institute for public Health 20 employees M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

Chapter 27: Environment IMPLEMENTATION The marine bathing waters and the length of the bathing season are defined by Public enterprise for coastal zone management (PE CZM) The monitoring calendar and monitoring measures (Art. 3, as in Annex I, column A and Annex IV) are ensured by PE CZM in the "Monitoring program of bathing waters on public beaches" Only institutions with laboratories accredited for ISO 7899-1 ili ISO 7899-2 and ISO 9308-3 ili ISO 9308-1 can carry out the monitoring of bathing waters Assessment procedures prescribed by Art.4 are not 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

Chapter 27: Environment IMPLEMENTATION Measures to be taken for waters classified as "poor" (Art. 5.4) are not identified Measures in "exceptional circumstances" (Art 7) are insufficiently proposed by the Article 15 of the Decree Measures to be taken in the case of a potential for cyanobacterial proliferation (Art. 8.2) are not prescribed and are implemented case by case Bathing waters profiles are not established, but their establishment is in the process by PE CZM Investigation and inspection mechanisms to identify additional risks for human health (Art. 9) are not established in the legal acts, partially implemented by PE CZM M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

Chapter 27: Environment IMPLEMENTATION Mechanisms to ensure the provisions of opportunities for the participation of the public concerned (Art. 11) are not established or implemented. However, paticipation is allowed by the Act which introduce Arhus Convention into national legal implementation. Dissemination of information on the vicinity of bathing waters (Art. 12.1) is not implemented Dissemination of information through appropriate media and technologies (Art. 12.2 and 12.4) is carried out by PE CZM and EPA MN Symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing are still not in use M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

TRANSPOSITION AND IMPLEMENTATION TIMEFRAME Chapter 27: Environment TRANSPOSITION AND IMPLEMENTATION TIMEFRAME Change of the Law on water by 2015, change of the Decree or adoption of the new legal document by 2016 Adoption of the Annual monitoring program in line with the provisions of the Directive by 2018 Assessment of the bathing water quality after the end of each bathing season in accordance with the Directive by 2018 Assessment of the bathing water quality on the basis of the set of bathing water quality data compiled in relation to that bathing season and the three preceding bathing seasons by 2021 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

TRANSPOSITION AND IMPLEMENTATION TIMEFRAME Chapter 27: Environment TRANSPOSITION AND IMPLEMENTATION TIMEFRAME Establishment of bathing water profiles for the first time by 2019 Report to the Commission about the results of the monitoring and about bathing water quality assessment for each bathing water ad well as about description of significant management measures taken and start of annual reporting to the Commission by 2019 First notification to the Commission before the start of the bathing season about all identified bathing waters by 2019 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT

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