Workshop on Benchmarking and Setting Environmental Compliance and Enforcement Indicators March, 2007, Szentendre, Hungary. Progress Monitoring in the environmental sector in Montenegro - Project Overview and Methodology- Biljana Djurovic Dragan Asanovic Ministry of tourism and environmental protection Montenegro

Benchmarking The MoTEP does not have parameters for benchmarking in environmental compliance and enforcement. The MoTEP is not useing benchmarking in environmental compliance and enforcement polices. The MoTEP does not collect data that would help to promote best practices.

Progress Monitoring Project DG Environment has signed a contract with the Danish consultancy firm COWI to start, for the first time, implementation of DG Environment’s long-time project for progress monitoring in the environmental sector in Montenegro. The overall objective of this project is to assist both, the Commission and Montenegro with tracking,assessing and documenting progress in approximation in the environmental area.

Background - the EC perspective… Progress Monitoring Project has assisted DG ENV to contribute to the reports since 1998 EC reports each year to Council on progress made by candidate in their preparation for accession Current countries covered: candidate (Croatia, Turkey, Macedonia) and pre- candidate countries (B&H, Serbia, Montenegro, Albania)

PHASE I PHASE collection of the information on progress in transposition and implementation on the basis of “Tables of Concordance” and “Implementation Questionnaires”, one each for the selected number of environmental Directives. The basic input in this project phase will be provided by staff from Ministry tourism and environment and other ministries and agencies with responsibility for Directives which were covered by this Project. COWI will guide and assist the responsible staff in process filling in the ToCs and IQs. II PHASE The second phase involves assessment by COWI of the status of transposition and implementation on the basis of the information and data which will be generated. The assessment will take the form of a progress Monitoring Country report. That report will be available to us for comments before finalization.

Importance of the Project For candidate countries: –Tools and support for tracking progress in accession preparations, including in transposition and implementation of environmental law For "pre-candidates": –A way of getting started with the exercise for a limited number of Directives, expanding to full scale in the near future

Importance of the project…(ctd.) For the Commission: –Support for DG ENV in collecting up-to- date information on the status of accession preparedness in the environment sector –For the EC + EC delegations and EAR operational offices to identify the tasks and needs also in terms of future EU support

Task: Approximation to the EU Environmental Legislation Transposition: putting EU legal requirements into national law Implementation: putting all measures in place to ensure practical application –Ensuring availability of institutional and administrative capacity –Ensuring the needed infrastructure and investments –Awareness-raising, encouraging research … etc.

Tools for tracking progress in approximation Tools: Tables of Concordance (TOCs) Implementation Questionnaires (IQs) Guidance in Progress Monitoring Manual

What are you expected to do? Fill out TOC’s and IQ’s Always provide the latest information available! –TOC’s: adoption of laws, stages in legislative process, national legislation –IQ’s: plans, infrastructure, budget, competent authorities Ensure effective coordination per sector Review / update the draft PM Reports

Scope of Progress Monitoring Seven sectors covered: Horizontal, Air, Waste, Water, Nature, IPC, Chemicals.

Scope - directives and regulations covered…. Horizontal: EIA, SEA, Environmental Information, Public Participation Air: Ambient Air Quality, Limit Values for SO 2, NO x etc, Benzene and Carbon Monoxide, Ozone in Ambient Air, Arsenic etc. in ambient air, Waste: Waste, Hazardous Waste, Sewage Sludge, Packaging Waste, Landfill, Waste Incineration, Waste Shipment Regulation Water: Water Framework, Urban Waste Water, Drinking Water, Nitrates, Shellfish Water Nature: Wild Birds, Habitats IPC: IPPC, COMAH, Large Combustion Plants Chemicals: Dangerous Substances, Risk Assessment Regulation, Import and Export of Dangerous Chemicals Regulation, Biocides, Contained Use of GMMs, Deliberate release of GMOs

Why are these selected? Criteria behind selection: All major pieces of horizontal legislation Framework legislation (waste, water, air, IPPC) Investment-heavy directives Some country specific issues…

Progress Monitoring Tools - TOCs Tables of Concordance: –Provision-by-provision comparison of EU requirements with national law –If correct transposition has not occured yet, how and when will it occur? –Scoring system for tracking progress in transposition and implementation: progress monitored as a function of the number of points achieved towards full transposition

TOCs – cont’d Cases where provisions do not need to be transposed: Provision is not addressed to MSs Provisions only concerning the relation between MSs and the Commission: e.g. reporting obligations Certain standard provisions (entry-into-force of Directive, reference in national law to Directive) Provision not relevant for pre-accession countries, ex.: 2001 GMO Directive Focus of the provision is clearly on implementation, ex.: Directive provides that MSs shall encourage research (Art. 23 Animal Experiments Directive)

Progress Monitoring Tools - TOCs General information: –Country –Person completing ToC –Date of completion –Total no. of points for current status of transposition

Progress Monitoring Tools - TOCs Article no. of EU obligation/requirement – is filled in EU Obligation – abbreviated version of Article text is filled in Existing national law – to be filled in if transposing legislation has been adopted and is in force already – give full title and full legal citation of relevant legal act –Attach legislation if ENGLISH translation exists, or link to website etc. ArticleEU Obligation Existing national law (give relevant law or regulation & no. of article) Fully in accord? (yes/no) If not, how will transpos’n occur (L,G,MO) If draft, give no. of article transposin g EU obligation Status of transpos’n (5-0) (accdg to lawmaking stage) Planned year for full transpos’n

Progress Monitoring Tools - TOCs Fully in accord: Mark YES only if national law fully corresponds to the EU requirements, eg. Definitions Full transposition achieved only if relevant national transposition measure has been adopted and has entered into force OR will enter into force before the date of accession In addition: a list indicating the dates for full transposition for each Directive shall be filled out by the Ministry project coordinator

Progress Monitoring Tools - TOCs A certain score has to be given, reflecting the status of transposition Scoring goes from 0-5 (full transposition=5) Guidance from local legal expert

Progress Monitoring Tools -IQs Implementation Questionnaires –Questions focusing on the practical requirements to fulfill the obligations under a Directive –Primary question to assess how far country has come in fulfilling these obligations – to be answered Yes or No –Secondary questions aimed at providing additional, more detailed information and to plan next steps (NOT reference to legislation only) –Timetable for implementation – how and when will implementation occur? Actual or estimated date of implementation to be filled in (day/month/year)

NovDecJanFebMarAprMayJunJul Preparatory Meeting x Submission TOC/IQ formats x Introductory Workshop x Completion TOCs/IQ formats xxx Follow-up meeting x Revision TOC/IQ formats x Draft country report Montenegro x Draft country report comments x Finalisation Montenegro country report x Draft work schedule

Thank you for your attention