1. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012

2. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Country name: Republic of Serbia, Penka Nikolovski Ministry of Environment, Mining and Spatial Planning, Republic of Serbia www.ekoplan.gov.rs Adviser in Waste Management Department, Sector for Planning and Managing FP for BC E-mail: penka.nikolovski@ekoplan.gov.rspenka.nikolovski@ekoplan.gov.rs Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

3. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 The Republic of Serbia is part of the international control system of transboundary shipments of hazardous and other types of waste The Law on Ratification of the Basel Convention on Transboundary Movements of Hazardous Waste and Their Disposal (OG FRY, International Treaties, No. 2/99) Definition "Illegal traffic" means any transboundary movement of hazardous wastes or other wastes as specified in Article 9. and also with respect to the provision of EU Regulation for shipment of waste EC 1013/2006; - The Law on Environmental Protection (Official Gazette of RS, No. 135/04 and 36/09) prescribes general provisions on the import, export and transit of waste and its control; - Transboundary waste shipments in Serbia are regulated by the Law on Waste Management (Official Gazette of RS, No. 36/09 and 88/10.; Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

4. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 This Law regulates transboundary shipments of waste, as the basis for the implementing legislation that defines in more detail the mode and procedure for transboundary waste shipments specifically: IX Transboundary movement of waste Conditions and manner of cross-border movement of waste, Article 71 Import, export and transit of waste, Article 72 Prohibition of cross-border movement of waste, Article 73 Supervision over work, Article 83 XIV Penalty Provisions, 1. Corporate offences, Article 88. Protective Measures, Article 89, 2. Offences, Article 90…. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

5. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Implementation of the Basel Convention in Serbia as it relates to prosecuting cases of illegal traffic.,. The Article 9. of the BC Examples for paragraph.1. (a) and (d) and paragraph 2. It was the case of illegal traffic when the transboundary movement of waste does not conform, in a material way, to the documents, non-hazardous waste One transit of hazardous waste was returned in country of origin. Regulation EC 1013/2006 on shipment of waste Art. 28. says that the country of dispatch (export) and the country of destination (import) are the countries which decide if something is waste or not or if it is hazardous or not (May 2012). Article 24, of Regulation EC 1013/2006 on shipment of waste Take-back when a shipment is illegal - Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

6. The by-laws regulating in more detail the area of transboundary waste shipments are the following: 1. Rulebook on the content of documentation submitted in support of the application for the permit for import, export and transit of waste (Official Gazette of RS, No. 60/09, additional 101/10); 2. Regulation on the waste lists for transboundary shipments, on the content and layout of documentation that accompanies transboundary movement of waste with instructions for their completion (Official Gazette of RS, No. 60/09); 3. Regulations of List of non-hazardous waste which is on exemption of permit obtaining obligation, with documentation accompanying transboundary movement of waste (Official Gazette of RS, No. 102/10). Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

7. Supervision and control of environmental Inspectors on the border and on the Importer and/or Recovery Facility regarding handling with waste during collection and transport, i.e. during its movement, as well as handling with waste in transboundary movement at the invitation from customs officers, or cooperation with the IMPEL TFS or from other included Competent Authorities for transboundary movement of waste; Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

8. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Ministry of Environment, Mining and Spatial Planning, led investigation, Environmental Inspection, Customs and authorised organizations involved in the control procedure. Communication and collaboration between these agencies. Ministry of Environment, Mining and Spatial Planning initiate the prosecution procedure. Environmental inspector shall submit the criminal charge to the public prosecutors office against violation. Public procreator's office led the prosecution procedure. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

9. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Sector of Control and Supervision in our Ministry Department for handling with hazardous and other waste Environmental Inspectors, recommended Senior Assistant to Public Prosecutor, Jelena Samuilov from Basic Prosecutor's Office in Pančevo, Republic of Serbia Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012

10. Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention Bratislava, Slovakia, 26-27 June 2012 Thank you for attention, Penka Nikolovski *********************************************************** Department for Waste management, Ministry of Environment, Mining and Spatial Planning 1, Omladinskih brigada str. 11070 Novi Beograd, Republic Serbia phone: +381 11 3131-223 fax: +381 11 3131-220 e-mail: penka.nikolovski@ekoplan.gov.rspenka.nikolovski@ekoplan.gov.rs www.ekoplan.gov.rs Workshop for Central and Eastern Europe, Caucasus and Central Asia Countries on the Prosecution of Illegal Traffic of Hazardous Wastes and Other wastes under the Basel Convention, Bratislava, Slovakia, 26-27 June 2012