1. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe REC ELP Activities under Basel Convention “ Workshop on Illegal Traffic Bratislava, Slovak Republic October 3-5, 2006 Tsvetelina Borissova Filipova, Project Manager/Lawyer Environmental Law Program

2. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Scope of the presentation AIMS project in a nutshell and outgrowth  Basel Convention activities under the AIMS Background report on Biodiversity and Chemicals/Waste MEAs in South Eastern Europe  Main outcomes relevant to Basel Convention

3. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe AIMS Project overview Main objective- to promote the applicability of relevant MEAs in SEE in order to assist in the solution of prioritized environmental problems both regionally and nationally. The beneficiary countries are: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, former Yugoslav Republic of Macedonia, Montenegro, Romania, and Serbia. The project donor is the Netherlands Ministry of Foreign Affairs Joint Network of MEA Legal Experts and Senior Officials (AIMS Network)

4. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Types of Activities Networking through the AIMS network Inventories and assessments related to acceptance and implementation of MEAs Facilitating the prioritisation of MEAs and identifying necessary resources for better implementation, as well as synergies for more efficient implementation; Assisting with the formulation of legislative and administrative measures to be taken by recipient countries,  assistance in drafting; capacity building through exchanges of information and experience; facilitating contacts with international organisations and institutional arrangements; helping to shape policy instruments; and responding to requests from recipient countries for specified expertise;

5. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Main outputs from Phase 1 Establishment of the AIMS Network Seven Country Assessments on Acceptance and Implementation of MEAs, posted on the REC website three of which - published in hard copy in local languages Targeted regional workshops on the Basel Convention and selected ECE Conventions Eight national/entity level capacity building workshops on priority MEAs and MEA issues AIMS website (http://www.rec.org/REC/Programs/REReP/AIMS/)http://www.rec.org/REC/Programs/REReP/AIMS/

6. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Some conclusions in Phase 1 Report Sub-regional identity exists, but there is large variation among countries in terms of achievements, needs and level of implementation Transposition of legal requirements is generally good with respect to basic principles and obligations Focus increasingly on practical and effective implementation and enforcement strategies – including capacities and resources Many signs of change over yrs of project – countries are now slower to ratify agreements -- they want to avoid “ratification without implementation” Gradual building of trust between authorities and public, and with regulated community (businesses)

7. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Basel Convention Activities  Regional Capacity-Building Workshop on the Basel Convention., 19- 21 June 2003 in Tulcea, Romania  Training on the monitoring & control of transboundary movements of hazardous wastes in the context of the Basel Convention. 29-30 September 2003, Busteni, Romania  Training Workshop on the monitoring & control of transboundary movements of hazardous wastes in the context of the Basel Convention and EU regulations. 30-31 October 2003, Sarajevo, Bosnia and Herzegovina  Training Workshop on the monitoring & control of transboundary movements of hazardous wastes in the context of the Basel Convention and EU regulation. December 11-12, 2003, Bansko, Bulgaria  Training Workshop on the monitoring & control of transboundary movements of hazardous wastes in the context of the Basel Convention. 26-27 March 2004, Prcanj, Republic of Montenegro

8. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Current project phase Donor recognized the value of stimulating the AIMS Network to gain momentum towards its long term sustainability The 6th AIMS network meeting was held to share experience within SEE region on problems and solutions for implementation of MEAs with a focus on NIPs Sept. 28-29, 2006 Regional activities on practical implementation, in particular with reference to the use of National Implementation Plans (NIPs) SEE commentary on the UNECE and UNEP Guidelines

9. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe AIMS featured in UNEP Manual Manual on Compliance with and Enforcement of MEAs, page 532 A positive example of “International Cooperation and Coordination in Enforcement” The AIMS network was a focal point for the sub- regional consultation on the Manual in Belgrade

10. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe AIMS outgrowth Representatives of Basel Convention Secretariat acknowledged that their SEE program was developed following the training activities organized jointly with the REC. UNEP commissioned REC to write the background report for a meeting of representatives of MoEs of SEE and new member state representative offices in Vienna on 26-27 June, based largely on the outputs and the successful implementation of AIMS. Conclusions of the current meeting in Vienna fully support directions of the AIMS project (focus on implementation plans, reporting, pilots for the region, regional networking)

11. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Background report on Biodiversity and Chemicals/Waste MEAs in South Eastern Europe “Bridging the Gaps: Enhancing MEA Implementation in the Balkans” www.unep.org/dec/support/mdg_meeting_vienna.ht ml

12. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Scope The report targets 5 countries (Albania, Bosnia and Herzegovina, Croatia, former Yugoslav Republic of Macedonia Montenegro and Serbia including Kosovo (under UN Interim Administration) and focuses on 2 clusters of MEAs:  Biodiversity MEAs Convention on Biological Diversity Ramsar Convention CITES Bonn Convention Bern Convention  Chemicals/Waste MEAs Basel Convention Montreal Protocol Rotterdam Convention on PIC Stockholm POPs Convention

13. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Synergies with UNEP’s work (Manual etc.) ENVSEC SEE work programme Findings of the AIMS project implemented by the REC Desk research and review of documents available on the Convention Secretariat’s websites: national reports on the implementation of specific MEAs Environmental Performance Reviews REC report “Progress in Environmental Law Drafting in South Eastern Europe” AIMS national and regional reports etc Methodology

14. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Introduction ( project description, scope, methodology) Chapter 1: Overview of status of acceptance and implementation of biodiversity and waste/ chemicals MEAs in the SEE countries Chapter 2: MEAs in the internal legal system [country-by-country] hierarchy of norms, procedure for ratification, approximation process, priotization process, adoption of implementing legislation, and enforcement tools Chapter 3: Organizational Structures [convention-by-convention] competent authorities and focal points adoption of implementing legislation Chapter 4: Sub-regional and transboundary cooperation aspects Chapter 5: Recommendations Annex 1: Overview of status of acceptance of MEAs Structure

15. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Progress in implementation of the relevant MEAs in SEE: adoption of new legislation identification of priorities through mechanisms such as national environmental action plans Weakness: low record of acceptance of certain MEAs, especially in chemicals/waste (PIC, POPs) unclear regulatory framework lack of coordination mechanisms a lot of emphasis on approximation with the EU environmental acquis and less efforts in the global and regional environmental processes generally weak enforcement Major difficulties: lack of resources, lack of administrative capacity and need for effective institutions, lack of expertise Conclusions

16. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Recommendations higher acceptance level of MEAs more active participation in regional and global processes in the field of environmental cooperation Coordinated approach at regional level  sharing of positives experiences  collection of data Concrete steps towards ratification of conventions  consultations (governmental agencies, stakeholders)  trainings Adoption of implementing and enforcement mechanisms  implementing legislation and institutional mechanisms  national strategies for implementation, national action plans etc.  improve institutional mechanisms, particularly horizontal coordination  higher attention to enforcement, training of enforcement officers

17. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Main Conclusions on Basel Convention Implementation (1) SEE faces serious problems with the storage, handling import and expert of hazardous waste. In order to bridge the gap of regulation and ensure safe transport of hazardous waste between 1994-2000 all countries ratified the Basel Convention and are making progress under its implementation. The Basel convention is well accepted in the SEE region and is in more advance status of implementation compared with the POPs and PIC conventions. Regrettably the compliance with reporting requirements presents a difficulty to the countries. Only few of the countries are complying with yearly reporting requirements to the convention, for instant only Albania and Serbia and Montenegro submitted the latest report available for 2004 to the Secretariat. One bilateral agreement on management of waste signed between Albania and former Yugoslav Republic of Macedonia was reported to the Basel Secretariat.

18. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Main Conclusions on Basel Convention Implementation (2) The recently adopted waste framework laws in most of the countries (in the last 2-3 years) are harmonized with EU legislation and are taking into account the requirements of Basel Convention. Nevertheless there is a need of drafting of subsidiary legislation to stipulate detailed procedures and concrete requirements and forms. The specific institutional set-up for the implementation of the Basel convention is generally in place, yet the institutional coordination mechanism should be further strengthen to ensure enhanced collaboration between all involved institutions. In additional the responsibilities of intuitions should be better defined. Although the implementation of Basel convention requires coordinated approach in the region and cooperation across the country involving all relevant stakeholder central institutions, local governments, customs authorities and border guards, no concrete mechanism for cooperation are established on the regional level.

19. THE REGIONAL ENVIRONMENTAL CENTER for Central and Eastern Europe Thank you for your attention! Tsvetelina Borissova Filipova filipova@rec.org www.rec.org