EU Environmental approximation in the WB and Turkey- ETNAR Conference Natural resources policy analysis in Montenegro Jelena Marojević-Galić Green Home Palic, September 24 th to 26 th 2013

Legal framework Nature protection - regulates the enforcement of the protection and conservation of nature, defines general and specific measures of protection and nature conservation, protected areas, their categorization and protection regimes. This law also determines procedures of designating protected areas, as well as the responsibilities and methods of management and use of these resources. Partially (81%) It is needed to adopt a set of by-laws Water protection governs the legal status and the way of integrated management of water resources, water and coastal land and water facilities, conditions and manners of conducting water activities and other issues relevant to the management of water and water resources. Partially (64%) lack of by-laws Forests regulates the production, protection, conservation and enhancement of forest planning, terms and conditions of their usage, construction and maintenance of forest roads, forest monitoring Partially

Agricultural land defines the farm, the terms and conditions to ensure the use of agricultural land, terms and regulations as well as measures for its protection. Pretty much harmonized but will be changed additionally Agriculture law governs the development of agriculture and rural areas, objectives and measures of agricultural policy, farming incentives and conditions for their use, rights and responsibilities of incentives, additional agricultural activities, Partially harmonized in It is estimated that there will be a new law adopted Law on GMOs, regulates the conditions for the use of genetically modified organisms and products containing, consisting or are produced from GMOs,, as well as trading, handling, transporting, packaging, transiting the territory of Montenegro, marking, processing as well as regulating the measures to prevent and eliminate harmful effects. lack of by laws Environmental law law regulates: the principles of environmental protection and sustainable development, entities and instruments of environmental protection, public participation in environmental matters and other issues of importance to the environment. lack of various numbers of regulations including Sea protection regulates the marine and underwater area of ​​ Montenegro, namely: internal waters, territorial sea, exclusive economic zone, continental shelf, and the prohibition of sailing, stopping and the persecution of the ship. Harmonized in some parts

EIA regulate the impact assessment procedure for projects that may have significant impact on the environment, contents of the Environmental Impact Assessment Study, participation of authorities, organizations, and the public concerned, evaluation and procedure of approval issuing, exchange of information on projects. - 99% harmonized SEA, stipulate the conditions, methods and procedures for undertaking of strategic environmental assessment of certain plans or programmes through the integration of environmental protection principles into the procedures of preparation, adoption and implementation of plans or programmes that have significant impact on the environment, 100% harmonized IPCC regulates the conditions and procedures for issuing integrated permits for facilities and activities that may have negative effects on human health, the environment or material goods, the types of activities and facilities, supervision and other issues of importance to the prevention and control of environmental pollution. Partly harmonized (47%) - not adopted regulations which are in detail determining the terms and the required documentation for the issuance of an integrated permit, regulating the exchange of information, leading national inventory of greenhouse gas emissions Landfill Livade - Deponija d.o.o. Podgorica (EPA)

Biodiversity, Forests and Protected areas Biological "hot-spot" of European and world biodiversity distribution of plant and animal species on the Balkan Peninsula indicates that almost the entire territory of Montenegro can be treated as a center of biological diversity. Montenegro still does not have systematized and unified data on endemic, vulnerable, endangered, relict species; Nature Protected areas in Montenegro cover 9.047% of territory, 7.77% NPs with management plans Under international protection (Ramsar, UNESCO WH, M&B) 17.22% Emerald network 33 sites There is not list of proposals for Natura 2000 sites

Agriculture Agricultural lands occupy ha or 37.4% of the total surface of Montenegro, while the share of utilized agricultural area amounts 16% Area under organic farming in 2011 covered 0.6% of total agricultural land With regards to GMOs and their control in Montenegro, customs inspectors check containers and goods entering the country, relying on product labels to determine the presence of GMOs. In Montenegro, there are no specialized laboratories for testing GMOs, so for testing of suspicious samples Montenegro engage institutions of Serbia.

Sea and Freshwaters Black Sea drainage 52.5 % of territory Adriatic drainage 47.5%. WFD is partially transposed in national legislation and water protection law is 64% harmonized with WFD. The main strategic document, especially important for long- term and sustainable management of water, is a Water Master plan. Montenegro does not have Integrated river basin management plans and the preparations for the adoption of two plans for the Black and the Adriatic Sea water basins is in earli stage. Expected time of their adoption is 2020.

Water bottling 7 factories for bottling of natural and mineral waters with a total capacity of 350 million liters per year, which can fully meet the needs of the domestic market and achieve significant export On the local market, about 90% of bottled water is consumed, while the rest is exported to the following markets: Serbia, Germany, Britain, Albania, and Kosovo, Italy. During 2012 were imported million liters of water, out of which over 95% are imports from Serbia.

Marine zone of Montenegro includes internal waters and territorial sea width of 12 nautical miles, while the coastal area covers about 300 km from the coast and the coastal area of the six municipalities there are no protected areas in the marine and coastal area (strategic target of 10% is adopted). island Katic with the local area candidate for the first protected marine area in Montenegro. Tourism, maritime industry and to a lesser extent, agriculture and fisheries, as well as the exploitation of mineral resources (sand and stone, testing of oil and natural gas) unresolved question of treatment of waste and waste water, ILEGAL CONSTRACTING. Sea

Dragisnica forest case EMERALD site (site Komarnica river no 19.) One part belong to NP Durmitor /UNESCO M&B. Part of the forest is given by the Directorate for Forestry (Government of Montenegro) to local public enterprise “Trudbenik” on concession for seven years and exploitation of m2 concessioner created illegal road of 10km through the NP and had been accused for violating the Law on National Parks eur and 4 months prison After his appeal on high court and with lack of proper evidence released from accusation Today Dragisnica is proposed for protection within NP Durmitor by Ministry of Tourism and Sustainable Development and waiting new Law on National Parks to be adopted, while at same time Ministry of Agriculture and Rural Development in non transparent process, proclaimed it as hunting area of special purpose. If new Law on Forest, Law on SEA and EIA as well as Law on nature protection are properly implemented Dragisnica forest should remain preserved, as potential site for Natura Also it is needed harmonization of plans between the forestry, environmental and protected areas. Detail spatial plan which is missing at the moment should solve partly the problem of borders, which are now overlapping with different sectors (at the map right is showed overlapping of the NP Durmitor and forest unit for borders and borders of forest unite economically exploited).