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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 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks Zorica Djuranovic Ministry of Agriculture and Rural Development MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change LEGAL FRAMEWORK The Law on Waters (OG MNE 27/07, 32/11, 47/11) The Law lays down the legal status and method of integrated management of waters, water and coastal land and water infrastructure facilities, the method and conditions for carrying out the water related activities and other issues of relevance for management of waters and water resources. Law on Financing of Water Management (OG MNE 65/08) The Law specifies the sources of funding for water management, accounting and payment of fees for the use and protection of water resources and other issues of importance to the provision and use of these resources. Law on Protection and Rescue (OG MNE 13/08) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK Institutions competent for protection against harmful effects of waters in Montenegro are : • Ministry of Agriculture and Rural Development – Department for Water Management • Water Administration • Ministry of Interior – Department for Emergencies and Civil Security • Hydro-meteorological and Seismological Office • Local self-government units MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK The Water Administration is competent for enforcing the law, preparing expert basis for regulations, plans and programmes adopted by the Government and by the Ministry of Agriculture and Rural Development, expert drafting pf plans for water management, establishing and managing WIS, etc. As regards protection against floods, the Water Administration is obliged to: • ensure construction and reconstruction of defence lines; • ensure cleaning and arranging the river beds at the critical points (under bridges, narrowing, etc.); • ensure monitoring of the level of hydro-accumulations prior to the period of rains and assess the need for regulated release of water; • ensure required researches, studies and projects aimed at taking measures and activities needed for raising the level of security and protection against harmful effect of waters; • regularly update technical documentation; and • ensure adequate communication through adequate links. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK The Ministry of Agriculture and Rural Development – Department for Water Management is competent for drafting and implementing water-related policies, for passing planning documents and legislative acts within its competence; The Hydro-meteorological and Seismologic Office takes permanent activities as regards forecasting potential floods and submits reports on hydrological situation, forecasts and alerts to the institutions responsible for management of flood risks. The Ministry of Interior – Department for Emergencies and Civil Security is competent for taking operational measures of protection and rescue. Local self-government units are responsible for protection against harmful effect of waters of local character. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK Division of competences depending on the flood threat level The Emergency Team for Protection against Harmful Effects of Waters is responsible for managing protection against harmful effect of waters up to a certain flood threat level, in accordance with the General Plan for Protection against Harmful Effect of Waters. In case of the raise in the water level that could lead to floods of a high threat level (4th flood threat level), management of protection and rescue of population, material and cultural resources is taken by the Coordination Team for Emergency Management, which takes further activities in accordance with the National Plan for Protection against and Rescue from Floods and with the Law on Protection and Rescue. 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 CAPACITY Number of staff working on harmonisation with and implementation of the EU legislation Ministry of Agriculture and Rural Development 3 Water Administration 3 Ministry of interior Hydro-meteorological and Seismological Office 93 (all of employes in Sector for emergency management 10 Number of persons responsible for providing protection in accordance with the Operational Plan for Protection against Harmful Effect of Waters as regards waters of importance for Montenegro for 2013 Members of the Emergency Team for Protection against Harmful Effect of Waters as regards waters of importance for Montenegro 5 Legal entities authorised for providing protection against harmful effect of waters 35 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 Implementing legislation under the Law on Waters includes: • General Plan for Protection against Harmful Effect of Waters, for waters of importance for Montenegro for the period 2010-2016 (Official Gazette of Montenegro 67/10), • Operational Plan for Protection against Harmful Effect of Waters, for waters of importance for Montenegro, • Decision on identifying waters of importance for Montenegro (Official Gazette of Montenegro 9/08 i 31/09), • Decree on the contents and method of managing the water information system (Official Gazette of Montenegro 33/08), and • Rulebook on detailed contents and method of keeping water cadastres (Official Gazette of Montenegro 1/08) The Law on Waters stipulates that the protection against harmful effect of waters shall be organised and carried out in accordance with the general and operational plans of protection against harmful effect of waters adopted for the waters of importance for Montenegro and for the waters of local importance (local self-government). 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 General Plan for Protection defines: - actions and measures to be taken for protection against harmful effect of waters, - method of institutional organisation of defence against harmful effect of waters, - duties, responsibilities and authorisations of protection managers, institutions and other persons competent for protection against harmful effect of waters, - method of observing and keeping data, announcement of data and notifications. The Operational Plans for Protection defines: - emergency teams for protection against harmful effects of waters and names of protection managers, - authorities, companies and other legal entities providing protection against harmful effect of waters, - measures required for efficient protection, - relevant water level and criteria for introducing regular or extraordinary defence against harmful effect of waters. 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 Protection against harmful effect of waters encompasses actions and measures taken: • preventively – regular protection against harmful effect of waters is carried out in the period preceding the period of floods and rains and it includes preventive actions and measures such as: - identification of areas threatened by floods (flooding areas), - creation of maps of flooding areas and their entry into the information system, - preparation of project documentation for protection against harmful effect of waters, and - construction and regular maintenance of facilities for protection against harmful effect of waters; • in the flood period – extraordinary protection against harmful effect of waters includes taking required technical measures up to the 4th flood threat level – when the level of water reaches the highest recorded level or when the dyke is soaked due to the enduring high water level; • for the purpose of removing consequences of harmful effect of waters – on the basis of a rehabilitation programme prepared by the Water Administration and by the competent local self-government body in accordance with Water Management Plans. 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 Law on Waters envisages drafting of bylaws of importance for managing flood risk: • Rulebook on the methodology and criteria for identification of endangered areas, methodology for identification of erosion-prone areas and methodology for classification of land in flooding areas into classes depending on the threat level (risk zones) • Rulebook on the contents of operational instructions for managing accumulations intended for protection against floods and multi-purpose accumulations • Rulebook on construction and maintenance of water facilities and works on protection against erosion and spates The Law on Waters stipulates that border of the flooding areas shall be marked on appropriate topographic bases (maps of flooding areas) and entered into the information system. Maps of flooding areas, with defined flooding borders for huge waters of various periods of water withdrawal, represent the basis for classification of land in the flooding areas into classes in comparison with the threat level (risk zones). 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 Articles 2, 4.1 and 4.3 of this Directive have been transposed into Article 96 of the Law on Waters (Official Gazette of Montenegro 27/07) that regulates issues related to flooding areas as follows: • Flooding areas means water and other areas to which the water from out of flooding areas is occasionally overflowed due to special conditions; • Flooding areas for waters of importance for Montenegro shall be defined by the Ministry of Agriculture and Rural Development, whereas for the waters of local importance those areas shall be defined by the competent local self-government body, upon previously obtained opinion from the Water Administration; • Flooding areas shall be determined depending on the level of likelihood for harmful effect of waters, number of potentially endangered population and scope of possible damage to buildings, land and property; • Borders of flooding areas shall be marked on adequate topographic bases and in urban plans, whereas cadastre lots in those areas shall be entered into an IT system and specially designated in the cadastre. Article 4.3 of this Directive has been transposed into Article 157 of the Law on Waters, stipulating that the needs and interests of Montenegro in the area of management of crossborder water resources in basins defined by the Law shall be carried out through adequate international cooperation. 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 Preliminary flood risk assessment Water Management Basis of Montenegro – long-term national plan for maintenance and improvement of waters regime. This document encompasses data on: - past floods, - flooding areas – areas threatened by floods, - infrastructure constructed for the purpose of protection against floods, and - proposal for future measures for improvement of river basins and defence against floods. All data are broken down by water areas of river basins and sub-basins. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change VODOP RI VREDN A OSN OVA REP UBL I KE CRNE GORE P L AVN E ZONE I P OSTOJE] I OBJEKTI ZA ZA[ TI TU OD P L AVQ EW A PQ EVQ A 0 Map of flooding areas and existing infrastructure for protection against floods Source: Water Management Basis of Montenegro NI K[ I ] L egenda BERANE Re~ni t okovi Jezer a Zone ugr o` ene popl avama P l avna povr { i na Skadar skog jezer a CETI WE JA D PODGORI CA BUDVA RA N S K O M O RE MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union N aci onal ni par k "Skadar sko jezer o" I zvedeni r egul aci oni r adovi P ost oje} i nasi pi Gr adovi - op{ t i nski cent r i M awi gr adovi P ut magi st r al ni @el ezni ~ka pr uga Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change Flooded areas In the Black Sea basin: - along the Lim river (from Marsenića Rijeka to Zaton) - along the Ćehotina river (near Pljevlja) - along the Tara river (in the area of Kоlаšin and Мојkоvac) - along the Grnčar river (near Gusinje) In the Adriatic basin: - valley of Nikšić - lower basin of the Morača river (particularly from Botun to the estuary) - margins of the Lake of Skadar - along the Bojana river - valley of Cetinje - coastal areas (Kоtоr and other towns along the coast) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Chapter 27: Environment and Climate Change Financing of works and infrastructure for protection against harmful effects of water In accordance with the Law on Water Management Financing, activities on prevention of and protection against harmful effects of water are financed each year through the programmes for spending of funds for water resource management, such as: - development of project documentation, and - construction of infrastructure for protection against harmful effects of water in the most endangered areas. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Environment and Climate Change Thank you for your attention QUESTIONS