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MONTENEGRO
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
Chapter 27: Environment and Climate Change
Directive 2004/35/EC
on environmental liability with regard to the prevention
and remedying of environmental damage
as amended by Directive 2006/21/EC and 2009/31/EC
Olivera Kujundzic
Adviser - Department for Atmosphere Protection
Ministry of Sustainable Development and Tourism
[email protected]
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
TRANSPOSITION
• The main instrument of transposition of the Directive
2004/35/EC on environmental liability into Montenegrin
legislation is the Law on Environment (Official Gazette of
Montenegro , 48/08 and 40/10)
• According to the Progress Monitoring tools (Table of
Concordance) the transposition score is 33%
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
TRANSPOSITION
Law on environment transposes the following features of the
ELD:
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“polluter pays” principle (Art.1)
number of definitions (Art. 2)
preventive action (Art. 5)
remedial action (Art. 6)
prevention and remediation costs (Art. 8)
Competent authority (Art.11)
Financial security (Art.14)
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
TRANSPOSITION
• The Ministry of Sustainable Development and Tourism started
the process of drafting of the separate Law on Environmental
Liability (completion expected by the end of 2013)
• So far a thorough analysis of the Directive requirements and
provisions of the Montenegrin Law on Environment has been
completed and legal gaps identified
• The new Law shall enable full transposition of the Directive,
including its Annexes
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Information society and media
IMPLEMENTATION
• The Article 48 of the Law on Environment prescribes an
obligation for the Operators to develop and implement the
Remediation Programme in case of damage to
environment that has been caused by exceedance of
proscribed limit values
• Article 69 (paragraph 1, point 6) prescribes the fine in
range between 5,000 – 20,000 euro for failing to develop
the Remediation Programme or failure to get the approval
on the Programme from EPA
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
Remediation example
• Inapropriate maintenance of reservoir for heavy fuel oil caused
environmental damage
• On the request for remediaton 67 t of soil and 29 t of water
contaminated with oil and 3 t of waste heavy fuel oil have been
removed from the site
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
Remediation example
• The case was identified by the environmental inspection
• Site operator failed to inform EPA on the accident
• Environmental inspection started in parallel two procedures:
– pressed a criminal charge against polluter
– Issued a remediation order
• While the criminal charges were rejected by Public Prosecutor
Office, the Polluter performed remediation of the site.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
FINANCIAL SECURITY INSTRUMENTS
•Article 51 of the Law on Environment prescribes mandatory
insurance of the Operator against environmental damage
•Article 69 (paragraph 1, point 7) prescribes the fine in range
between 5,000 – 20,000 euro for failing to obtain the
mandatory insurance
•The implementation of these provisions is missing due to the
fact that the secondary act stipulating the activities for which
the insurance is mandatory (Annex III of the ELD) is not adopted
yet
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
Implementation plans
• The new Law on Environmental Liability has the purpose to
enhance the implementation by:
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providing clear definitions
precisely defining the scope
transposing criteria, objectives and list of activities
clarifying the right to request the action and access to review
strengthening enforcement and punitive provisions
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Environment and Climate Change
ADMINISTRATIVE SET-UP
• The Ministry of Sustainable Development and Tourism
• The Agency for Environment Protection
• Environmental Inspection
• Insurance market
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chapter 27: Information society and media
CONCLUSION
Full transposition – 2013
Full implementation – 2015
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Thank you for your attention
QUESTIONS