1. 1 Workshop on Illegal Traffic Bratislava, 3 to 5 October 2006

2. 2 PRESENTATION Country: Republic of Serbia Government entity Ministry of Science and Environmental Protection-Directorate for Environmetal Protection Customs Administration Contact person Gordana Petkovic, Assistant of Director Jasminka Dicic Stefanovic Mileva Telephone no.: 381 11 31 32 575 Fax no.: 381 11 31 32 574 E-mail Address:gordana.petkovic@ekoserb.sr.gov.yu

3. 3 1. Please identify a suspected or proven case of illegal traffic discovered in your country and prepare a presentation providing the following information: Factual description of the case, including any consequences, such as damage to the environment or human health, or costs to remedy such damage;

4. 4 1. Case: Export of waste metal (296.980 kg) Export country Republic of Serbia Import country: Republic of Macedonia Exporter: Maksi CO Aleksinac Importer: Makstil Skopje Means of transport: Train (8 carriages) Cross boreder:Ristovac -Tabanovci Export permit for waste metal (296.980kg) was issued by the Ministry of Science and Environmental Protection (2006). Waste metal was transported in 8 carriages by railway from Serbia to Macedonia. The first radioactive control has been performed before shipment. The second control has been undertaken at the Serbian border. The radioactivity of shipment was tested by the authorised organization. The result of testing was that there was no higher dose of absorbed gamma radiation. Testing by the Competent Authorities of Macedonia showed the radioactivity of the delivered metal waste. There was higher level of waste metal radioactivity present than permitted, in one carriage (45020 kg). The shipment was returned form Macedonia to Serbia.

5. 5 2. Which provisions of the Basel Convention and/or the EU legislation were contravened?

6. 6 2. The Article 9. of the BC paragraph.1.(d) was contravened. It was the case of illegal traffic when the transboundary movement of waste does not conform, in a material way, to the documents.

7. 7 3. What led your authorities to suspect that the shipment was illegal?

8. 8 3. Return of shipment in question from the Republic of Macedonia i.e. customs information submitted to the Ministry of Science and Environmental Protection indicates further investigations of the Competent authority for the Basel Convention in the Republic of Serbia

9. 9 4. What procedure was followed to investigate the case?

10. 10 4. Customs information on returned radioactive shipment initiated investigation of environmental inspectors. At the border state authorised laboratory have made testing supervision and found higher level of absorbed dose of gamma radioactivity and ordered decontamination measures to be undertaken. Radioactive control by the competent authorities of Macedonia showed the radioactivity of waste after unloading. Environmental inspectors control, customs measures and activities of the competent authority-Ministry against responsible persons in the authorised organization has been undertaken.

11. 11 5.Were safety measures taken when handling the shipment?

12. 12 5.During the transport of wastes safety measures were taken according to the rules in transport of dangerous goods by railway. Decontamination measures were ordered by the state authorised organization for testing of radioactivity.

13. 13 6. Which governmental agency led the investigation? Were other governmental agencies involved? How did the communication/collaboration between these agencies work?

14. 14 6. Ministry of Science and Environmental Protection led investigation. Environmental Inspection, Customs and authorised organizations for testing of radioactivity were involved in the control procedure. Communication and collaboration between these agencies were resulted in professional testing of radioactivity.

15. 15 7. Were other countries involved? How did you communicate/collaborate with those countries?

16. 16 7. Communication/collaboration between Serbia and Macedonia was at the highest level.

17. 17 8.Did your investigation lead to a prosecution or some other form of punishment (e.g., fine)?

18. 18 8.Yes. Ministry of Science and Environmental Protection was issued prohibition to authorised organization for testing of radioactivity. Environmental inspector have submitted the criminal charge to the public prosecutor’s office against violation of the Law on Ionizing Radiation and Criminal Code.

19. 19 9. Which governmental agency led the prosecution? Were other governmental agencies involved? How did the communication/collaboration between these agencies work? What was the outcome of the case?

20. 20 9. Ministry of Science and Environmental Protection initiated the prosecution procedure. Public procreator's office led the prosecution procedure. The case is still in process.

21. 21 10. Did you face any problems during the investigation?

22. 22 10.The authorised organization against which it was issued the prohibition of testing of radioactivity submitted appeal against the Minister decision. At this stage the decision making on the submitted appeal is underway.

23. 23 11. How did you solve the problems faced

24. 24 11. Strengthen the radioactivity control before shipment and at the border Control the authorized organizations for radioactivity testing and if they fulfil the conditions for testing Revise the existing regulations on the conditions to be fulfilled by authorised organizations for radioactivity testing/minister decision which determinate the authorised organizations