1. Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO 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 Brussels, 18-22 March 2013

2. 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 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on Waste Sinisa Stankovic Director general Ministry of Sustainable Development and Tourism sinisa.stankovic@mrt.gov.me

3. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union CONTENT Basic information Transposition of the Directive Legal Framework Inspection Supervision Penalty Provisions Challenges Chapter 27: ENVIRONMENT Chapter 27: Environment Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

4. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union BASIC INFORMATION Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT In Montenegro, there are 21 municipalities,. According to the last census from 2011, Montenegro has 625 266 inhabitants and the territory of approximately 13,812 km ². According to MONSTAT’s data, in 2011 about 230 000 tons of municipal waste was generated in Montenegro, or approximately 1 kg/day/capita. There are no precise data on the quantities and types of waste generated in industrial processes in Montenegro. Addressing the issue of disposal of waste generated in the past few decades, in large industrial systems, such as Aluminum Plant Podgorica (KAP), Niksic Steelworks, Thermal Power Plant Pljevlja, etc, as well as the waste generated by small and medium-sized enterprises is one of the biggest challenges in the field of environmental protection. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

5. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union INSTITUTIONAL FRAMEWORK Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE The implementation of this Directive in Montenegro takes place within an institutional framework comprising of : - The Ministry responsible for the environment - Ministry of Sustainable Development and Tourism, - The ministry responsible for agriculture - Ministry of Agriculture and Rural Development, - The ministry of health care - Ministry of Health, - Local government units (municipalities), - Environmental Protection Agency, - Competent inspectorates - Inspection Administration (environmental and market inspection) and communal inspection.

6. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union TRANSPOSITION OF THE DIRECTIVE 95% of the provisions of the Directive were transposed in the following regulations: Law on Waste Management ("Official Gazette of Montenegro”, 64/11), Rulebook on waste classification and waste catalog ("Official Gazette of Montenegro”, 35/12) Until December 2011, the Law on Waste Management ("Official Gazette of Montenegro", 73/08) was in force, to which according to the analysis of compliance 77.2% of the provisions of Directive 2006/12/EC was transposed. Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

7. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Key changes made ​​to the Law from 2011 compared to the previous law are contained in the definition of the following obligations: Criteria for specific substances or objects to be regarded as a by product; Criteria for end-of-waste status for specified waste; Extended producer responsibility; Waste hierarchy and objectives in relation to re-use and recycling; Preparing a program for the disposal of biodegradable waste; Developing programs for waste prevention; Elaborated in detail and established competences of environmental, utility and market inspection; Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

8. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK In accordance with the Law on Waste Management, waste management is carried out in such a way that: At least 50% of the total weight of collected waste materials such as paper, metal, plastic and glass from households and other sources is prepared for reuse and recycling. At least 70% of non-hazardous construction waste is prepared for re-use and recycling and other ways of recovery, such as use for replacing other materials in the process of backfilling not including materials from nature." This Article specifies no deadlines for achieving the stated percentages. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

9. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Transposing provisions of the Directive 2002/96/EC into the Law on Waste Management, the company or entrepreneur who carries out the treatment of waste from electrical and electronic products shall take the necessary measures to ensure: 80% of recovery and at least a 75% reuse or recycling of the component parts, and waste material taken from large home appliances and vending machines; At least 75% of recovery and no less than a 65% reuse or recycling of the constituent parts and materials taken from waste equipment for information technology (IT) and telecommunications and entertainment gear; At least 70% of recovery and no leas than a 50% reuse or recycling of the constituent parts and materials taken from waste in small household appliances, lighting equipment, electrical and electronic tools, toys and equipment for the leisure and sports and instruments for monitoring and supervision. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

10. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK A company or entrepreneur is obliged to take the necessary measures to ensure that: 95% of the total mass of annually collected end-of-life vehicles is reused or recovery; 85% of the total mass of annually collected end-of-life vehicles is reused or recycled. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

11. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Commercial companies or entrepreneurs who have a license for the collection, recovery and / or disposal of waste batteries and accumulators are obliged to ensure that: 1) The extent of collection of waste batteries and accumulators is 45% of the total annual mass of batteries and accumulators placed on the market; 2) the level of recycling of waste batteries and accumulators is: 65% compared to the average weight of collected waste lead-acid batteries and accumulators with acid, including recycling of lead batteries and accumulators; 75% compared to the average weight of collected waste nickel-cadmium batteries and accumulators; 50% compared to the average weight of other collected waste batteries and accumulators. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

12. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK A company or entrepreneur that handles packaging waste is obliged to take measures in order to provide recycling of at least 55% of total weight of packaging placed on the market in a way to achieve the following minimum recycling ratio of each component: 60% of the weight of glass; 60% of the weight of paper and paperboard; 50% of the weight of metal; 22.5% of the weight of plastic, where this applies only to the material which is again recycled into plastics; 5% of the wood mass. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

13. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK In order to achieve the level and amount of biodegradable municipal waste disposed to landfill, the percentage level and amount of biodegradable waste is the following: 75% of the total mass of biodegradable waste produced in 2010 shall be achieved no later than by 2017; 50% of the total mass of biodegradable waste produced in 2010 shall be achieved no later than by 2020; 35% of the total mass of biodegradable waste produced in 2010 shall be achieved no later than by 2025. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

14. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Mechanisms for developing waste prevention programs are defined in Article 21 of the Law on Waste Management, Program for waste prevention determines the goals and measures for waste prevention and indicators to monitor and evaluate the progress made by applying these measures. Program for waste prevention will be an integral part of the National Waste Management Plan whose preparation is underway. It is expected that the Government of Montenegro will adopt the National Waste Management Plan no later than in the first quarter of 2014. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

15. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Article 37 of the Directive is transposed into the Law on Waste Management because Montenegro is obliged to organize an information system, which is the responsibility of the Environmental Protection Agency, and prepare it for reporting to the Commission. The reporting obligations shall be legally formalized with the accession of Montenegro to the European Union. Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

16. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union SUPERVISION Chapter 27: Environment Chapter 27: ENVIRONMENT Inspection Number of inspection activities Law of 2008Law of 2011 Environmental inspection Inspection control is performed by environmental inspection in accordance with the law governing the inspection. In addition to the powers stipulated by the Law on Inspection Supervision, environmental inspector has 23 more precisely defined powers Communal inspection Inspection control within the jurisdiction of local governments is conducted by the competent local authorities. In addition to the powers stipulated by the Law in Inspection Supervision, communal inspectors have 9 more precisely defined powers Market inspection_ In addition to the powers stipulated by the Law in Inspection Supervision, market inspectors have one more precisely defined authorization TOTAL:Very general33 Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

17. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union PENALTY PROVISIONS Chapter 27: Environment Chapter 27: ENVIRONMENT The entity on which punitive measures are imposed The number of offenses for which the imposition of punitive measures is anticipated Increase % Law of 2008Law of 2011 Legal person 2570280 Entrepreneur 2570280 Natural person 1725147% TOTAL: 67165246% Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

18. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union CHALLENGES Challenges which are currently identified in the implementation of the Law on Waste Management: Changing the relations among all entities - legal and natural persons in relation to the area of waste management; Establishing a system of records of waste streams; Removal of minor and reclamation and remediation of major illegal landfills; Addressing the issue of adequate management of hazardous waste; Providing assistance in implementation of standards in the field of waste management and waste water (The Law on Municipal Services); Addressing the issue of waste management in mining Chapter 27: Environment Chapter 27: ENVIRONMENT Chapter 27: Environment and Climate Change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

19. Thank you for your attention QUESTIONS?