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 and climate change Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, 18-22 March 2013

2. Chapter 27 – Environment and Climate Change Council Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE Milena Bataković Senior Adviser Department for nature protection, monitoring, analises and reporting Environmental Protection Agency milena.batakovic@epa.org.me

3. 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 ENVIRONMENT AND CLIMATE CHANGE TRANSPOSITION Provisions have been transposed in the following acts: Law on Nature Protection (“Off. Gazette of MNE”, no. 51/08) Amendments to the Law on Nature Protection (in Parliamentary procedure) Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) Rulebook on the manner of monitoring of population of pprotected wild birds (“Off. Gazette of MNE”, no. 62/10) Also relevant: Law on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08) Rulebook on hunting seasons (“Off. Gazette of MNE”, no. 60/10) Convention on Migratory Species - Bonn Convention (“Official Gazette of Montenegro”, International Agreements, no. 06/08-147)

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 TRANSPOSITION Full compliance Council Directive 2009/147/ECAmendments to the Law on Nature Protection (Law on Nature Protection (OG 51/08)) Article 1Amendments to the Law on Nature Protection there is no appropriate Article but it is transposed in Article 4 and Article 7 of the Law on Nature Protection (OG 51/08) Article 2Article 32 Article 3Article 34 Article 4 line 2 and line 4Article 28 and Article 85 of Law on Nature Protection (OG 51/08) Article 5Article 32 Article 13Article 3 Article 14Article 3 and Article 32 ANNEX IVAmendments on Law on Nature Protection, there is no appropriate Article but it is transposed in Article 83 of Law on Nature Protection (OG 51/08) and Article 66 of Law on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08) ENVIRONMENT AND CLIMATE CHANGE

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 TRANSPOSITION Partial compliance Article 4 line 1Article 19, and Resolution on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) Article 6Article 32 and Resolution on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) Article 8Amendments to the Law on Nature Protection, there is no appropriate Article but it is transposed in Article 83 of the Law on Nature Protection (OG 51/08) and Article 66 of the Law on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08) Item 1 line 8 Article 9Article 32 Article 10Article 28 ANNEX I Resolution on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) ANNEX II ANNEX A & ANNEX B ANNEX III ANNEX A & ANNEX B ANNEX VAmendments to the Law on Nature Protection there is no appropriate Article but it is transposed in Article 86 of Law on Nature Protection (OG 51/08) ENVIRONMENT AND CLIMATE CHANGE

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 TRANSPOSITION Non-transferable Article 4 line 3, Article 9, Article 10, Article 11, Article 12, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Annex VI A and B, Annex VII Council Directive 2009/147/ECLaw on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08) Partial compliance Article 7Article 36 and Rulebook on hunting seasons (“OG of MNE”, no. 60/10) Foreseen: Rulebook on the manner for appropriate assessment of planned projects, activities, types of activities, activities for which is obligatory and detailed content of requirements for approval Regulation on the definition of overriding public interest, method of informing the public and establishing compensatory measures Rulebook on protection of rare, thinned, endemic and endangered plant and animal species Rulebook on Ecological Network ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Competent authorities Government of Montenegro Ministry of Sustainable Development and Tourism Ministry of Agriculture and Rural Development PE “National Parks of Montenegro Environmental Protection Agency Directorate for Inspection Controls 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 IMPLEMENTATION Competent authorities ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Achievements so far Assessment of Annex I species Montenegrin ornithofauna- 526 species in Europe, 330 regularly occuring and 6 that are not find in last several years but there is possibility to reappear (they are present in the region), 297 species are protected by Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) 207 breeding + 10 possible breed ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Achievements so far Bird species (Europe, Montenegro) ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Achievements so far Assessment of Annex I species 117 Annex I species (115 protected by Decree, except Alectoris graeca and Accipiter brevipes that are hunting species); 94 regularly occuring 20 hunting species (including two Anex I species from above) A number of Annex I species is well represented in Montenegro due to preserved large habitats or due to geographical position ENVIRONMENT AND CLIMATE CHANGE

12. 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 IMPLEMENTATION Achievements so far Identification of potential IBA sites Data for each potential IBA site 5 IBA in BLI database + 8 in procedure – Assessment of populations of qualifying species. – IBA 13 sites about 10.6% of territory of Montenegro – Only 3 are currently protected as national parks – 11 IBA as a Emerald sites – Annual monitoring program for migratory species for Annex I species in place (EPA) – Assessment of threats to the site – Proposed conservation measures (general) ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Achievements so far Protected areas: Bird’s are strictly protected in nature reservates (Skadar Lake/2 reserves, Tivat Salina) Ramsar sites important for migratory birds: Skadar Lake. Potential Ramsar sites: Tivat salina (in procedure of confirmation), Buljarica, Ulcinj saline and Saško lake EMERALD sites ENVIRONMENT AND CLIMATE CHANGE

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 IMPLEMENTATION Achievements foreseen Assessment of Annex I species Assessment of populations of Annex I species in Montenegro and in each important site (EPA, Nature History Museum, PE “Nationa Parks of Montenegro, NGOs) Missing data will be identified (EPA) ENVIRONMENT AND CLIMATE CHANGE

15. 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 IMPLEMENTATION Achievements so far and foreseen Producing of a sites inventory Preparation for designation of SPA’s hasn’t been started yet EEA/CoE: Emerald Network - implemented by the INP Emerald/NATURA database for each SPA EPA: NATURA 2000 Collecting of missing data for Annex I species Monitoring of species and sites ENVIRONMENT AND CLIMATE CHANGE

16. 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 IMPLEMENTATION Achievements so far Conservation measures inside and outside protected areas Inside protected areas: Proclaimed special ornithological reserves and zonation of whole protected areas are ongoing Approvals for activities in protected areas EIA, SEA and Appropriate assessment, Compensatory measures Outside protected areas: EPA issues nature protection conditions for all natural resources management plans and physical plans, based on available data EIA and SEA Appropriate assessment for important sites which will be a part of future National ecological network (currently only SEA for plans and EIA for defined projects), assessment of imperative reasons of overriding public interest in ecological network sites, compensatory measures Law on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08)– hunting methods harmonised partly with Article 7 of Bird Directive ENVIRONMENT AND CLIMATE CHANGE

17. 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 IMPLEMENTATION Achievements so far Establishing of an effective inspection and enforcement system Directorate for Inspection Controls (hunting inspection, ecological inspection) Ranger services within National Parks Case of black eagle (Aquila clanga) ENVIRONMENT AND CLIMATE CHANGE

18. 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 ADMINISTRATIVE/INSTITUTIONAL CAPACITY State administration Current state Ministry of Sustainable Development and Tourism2 State administration offices in municipalities (21)40 (for general environmental policy) EPA18 (including expertise tasks) Public institutions for management of national parks (currently 5) 39 (rangers) and 14 (experts for nature protection issues- 1 ornithologist) Directorate for Inspection Controls7 (2 biologist) Hunting inspectors 11 Research institutions: Natural Museum2 ornithologist ENVIRONMENT AND CLIMATE CHANGE

19. 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 FINANCING As a part of Twinning Project: “Support to Environmental Management”-Component 1, Approximation to the EU Environmental Acquis, has done preliminary estimation of total cost for transposition implementation and enforcement actions related to COUNCIL DIRECTIVE 2009/147/EC. ENVIRONMENT AND CLIMATE CHANGE

20. Thank you for your attention Thank you for your attention QUESTIONS?