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

2. Chapter 27: Environment and climate change DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast) Dragan Asanovic Environmental Protection Agency epamontenegro@gmail.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 AND CLIMATE CHANGE IED DIRECTIVE

3. 3 The current situation European Industry is subject to a range of industrial emissions legislation.... IPPC Directive Waste Incineration Directive Large Combustion Plants Directive Directive on the limitation of emissions of VOC from solvents Directives related to the titanium dioxide industry European Pollutant Emission Register (EPER) and the European Pollutant Release and Transfer Register (E-PRTR) Chapter 27: Environment and climate change 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 Industrial Emissions Directive (IED) 2010/75/EU

4. Chapter 27: Environment and climate change 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 TRANSPOSITION Main instruments for transposition : Law on Integrated Pollution Prevention and Control (Official Gazette of Montenegro 80/05; 54/09), Waste Management Law (Official Gazette of Montenegro 64/11) and Law on air protection (Official Gazette of Montenegro 25/10, 40/11)

5. Chapter 27: Environment and climate change 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 Main instruments for transposition Rulebook on incineration of waste (Official Gazette of Montenegro 14/11) Decree on emission limit values from stationary sources (Official Gazette of Montenegro 10/2011) The total transposition score for this Directive is 51,5%. ).

6. Chapter 27: Environment and climate change 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 IPPC LAW Decree on Types of Activities and Installations for which an Integrated Permit is Issued (Official Gazette of Montenegro 07/08) Decree on Criteria for Determining Best Available Techniques for Application of Quality Standards, as well as for determinig emission limit values in the integrated permit (Official Gazette of Montenegro 07/08) Decree on the Content of the Programme of Measures for Adjustment of an Existing Installation or Activity to Prescribed Requirements (Official Gazette of Montenegro 07/08) Rulebook on the Content and the Manner of Keeping a Register of Issued Integrated Permits (Official Gazette of Montenegro 03/08) Rulebook on the Content, Form and Manner of Filling in a Request for Issuing an Integrated Permit (Official Gazette of Montenegro 03/08) Rulebook on the Content and Form of an Integrated Permit (Official Gazette of Montenegro 03/08) Programme for harmonization of certain economic activities with the Law on Integrated Pollution Prevention and Control (Official Gazette of Montenegro 19/12)

7. Chapter 27: Environment and climate change 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 Competent bodies in charge for issuing permits in accordance with the IPPC Law are: Environmental Protection Agency– for installations for which the permit or approval for construction and start of operation or performing of the activity is issued by another state administration body Ministry of Sustainable Development and Tourism – general competence over implementation of the Law Local administration body in charge for environmental protection affairs – for other installations for which the permit or approval for construction and start of operation or performing of the activity is issued by competent local administration body The inspection supervision over the implementation of provisions of IPPC Law and regulations enacted based on it is carried out by the competent authority (Directorate for Inspection Affairs) through the environmental inspectorate in accordance with this Law Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

8. Chapter 27: Environment and climate change 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 Institutional Framework

9. Chapter 27: Environment and climate change 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 Main instruments for implementation For the existing installations and activities, an operator is obliged to obtain a permit by the year 2015, in compliance with the Programme of Harmonization. Time limits for submission of requests for issuing integrated permits (for the existing installations and activities) – at latest one year prior to the time limit set for harmonization of the industrial sector to which the installation belongs From the day of entry into force of the IPPC Law (1 January 2008), no new installation can start operation without an integrated permit To date there have been one requests for issuing integrated permits for new installations, because the construction of no such installations was started since the beginning of this law implementation (except in this case for new landfill)

10. Chapter 27: Environment and climate change 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 Programme of Harmonization List of existing instalations TYPE OF ACTIVITIES AND PLANTS OPERATORMUNICIPALTY Production of energyTE,,PLJEVLJA”PLJEVLJA Production and processing of metals ZELJEZARA NIKSIC LIVNICA,,GATT” KAP ALU-LINE,,FAB-LIVE” LTD NIKSIC PODGORICA MOJKOVAC PODGORICA CHEMICAL INDUSTRY PRO GAS POLIEKS PODGORICA BERANE WASTE MANAGEMENT,,DEPONIJA” LTDPODGORICA OTHER ACTIVITIESPANTOMARKETSPUZ

11. Chapter 27: Environment and climate change 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 IMPLEMENTATION 2 of 10 existing installations submitted application for permit in accordance with adopted plan from Program 1 new installation submitted application for permit in accordance with IPPC Law All applications are still in procedure The first integrated permit for landfill is expected next month

12. Permit applications Publishing of the application Statements Complaints and opinions Technical commission Permit consideration Permit decision Publishing of the decision Appellate procedure Legally valid permitCompliance monitoring 5days 120days (240days) Draft permit 30days Draft permit 15days Publishing of the draft permitStatements Compl.& opinin. 15days

13. Chapter 27: Environment and climate change 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 Administrative capacity The priority for next period is to continue implementing IPPC procedures for existing installations pursuant to the provisions of the IPPC Law. For that purpose, the priority is administrative capacity strengthening in order to carry out activities and meet deadlines and obligations arising from the Implementation Plan for the IPPC Law. In order to strengthen capacity for the implementation of IED Directive, additional employment is planned, which will depend on the allocated budgetary funds.

14. Chapter 27: Environment and climate change 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 LCP, VOC, WI The VOC and LCP directives have not been transposed on satisfactory level yet Total transposition score of 65% for VOC solvents indicates sound level of transposition. Some of the remaining provisions related to licensing of smaller polluters not falling under the scope of IPPC permitting shall be transposed by mid 2013, while the rest of the provisions are planned to be transposed by the end of 2015 The LCP Directive 2001/80/EC is in an initial stage of transposition with monitoring score of 28,8% Transposition of the Directive on incineration of waste is 83,7%. The remaining provisions shall be partially transposed by the Rulebook on Methods for Measurement of Emissions From Stationary Sources on the basis of Article 16 of the Law on Air Protection, while full transposition is connected to the transposition of the IED Directive

15. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FUTURE ACTIVITIES /conclusion The Ministry of Sustainable Development and Tourism will harmonize Montenegrin legislation with IED Directive probably with adoption of one new single law: IED LAW This method will allow a complete transposition of LCP (2001/80) and VOC (1999/13) Directives, including TiO2 directives The date for full transposition of IED Directive has not been determined yet. The most probably year for transposition will be 2015 Chapter 27: Environment and climate change Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

16. Thank you for your attention QUESTIONS