1. M O N T E N E G R O 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, 18-23 March 2013

2. Chapter 27: Enivronment and climate change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: Enivronment and climate change Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos Milena Batakovic Environmental Protection Agency milena.batakovic@epa.org.me

3. Chapter 27: Enivronment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE LEGISLATIVE FRAMEWORK Law on the protection of Animal Welfare (Official Gazette of Montenegro, 14/2008) – legal basic for animal welfare of all animals, including animals that are kept in zoo; Law on Nature Protection ( Official Gazette of Montenegro, 51/08); Amendments to the Law on Nature Protection (in Parliament procedure); Law on Ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( Official Gazette of Montenegro, 11/01 ); Rulebook on detailed conditions of keeping and breeding endangered species of animals ( Official Gazette of Montenegro 01-3282/9); Law on Inspection Supervision (Official Gazette of Montenegro, 39/03 and Official Gazette of Montenegro, 76/09); Criminal Code (“Official Gazette of the RoM”, no. 70/2003, 47/2006 and in the “Off. Gazette of MNE”, no. 40/2008, 25/2010 and 32/2011).

4. Chapter 27: Enivronment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE TRANSPOSITION Compliance with the EU legislation Law on Animal Welfare is about 70 % harmonised with the Directive 1999/22/EC Harmonization with the EU legislation is necessary, especially in parts which refers to: - measures that zoo needs to establish in order to take a part in conservation of biodiversity; - closer requirements for keeping the animals in zoo. Full transposition is planed to be done until the end of 2015.

5. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AMD CLIMATE CHANGE TRANSPOSITION

6. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT IMPLEMENTATION Competent authorities Ministry of Agriculture and Rural Development Ministry of Sustainable Development and Tourism Veterinary administration Environmental Protection Agency Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

7. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE IMPLEMENTATION „Zoo“ definition “Zoo is a place with facilities where are held and reproduced wild and domestic animals for the purpose of preservation of endangered species and public display for at least seven days per year, in order to improve biological education of people;”- according to Article 3 of the Law of Animal Welfare, (Official Gazzete of Montenegro, 14/2008 from 29.02.2008). The definition is compliant with Article 2 of the Directive.

8. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Zoo licensing Zoos may be established if they are in the possession of: - facilities, spaces, equipment and sufficient number of staff for raising and/or reproduction of such animals; - plan of maintaining a zoo, accompanied by the list of animal species, needs for funds and plans of taking care of possible descendants of such animals; - plan of taking care of such animals in case of a dissolution of such zoo or in events of force majeure. The fulfillment of the requirements referred above shall be established by a decision taken by the administration authority (Ministry of Agriculture and Rural Development) on the basis of the Article 33 of the Law of Animal Welfare. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

9. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Zoo licensing Along with an application for establishing the fulfillment of the requirements, a consent given by the competent Authority responsible for nature protection (Ministry of Sustainable Development and Tourism) should be presented as well; The Veterinary Administration is responsible for issuing licenses for the zoos. Zoo that complies with the requirements above shall be recorded in the register that is kept in the Veterinary Administration. Only one zoo is licensed and recorded in the register of Veterinary Administration. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

10. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Zoo must provide the following: – housing space and the equipment for raising and/or reproduction of wild animals, which comply with the basic needs of each animal species; – adequate water and feed supply as per their physiological needs; – veterinary and health protection; – human dealing with animals by the employed persons; – animal protection against visitors and/or visitors protection against animals. Inspection control of the enforcement of the Law is carried out by the Veterinary inspectors, Inspection Directorate. Inspection and enforcement system Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

11. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT In accordance with the Article 33 of the Law on Animal Welfare the request for issuing a licence includes check-up on sanitary/veterinary conditions. Articles 49-51 of the same law insure regular controls of the fullfilment of the conditions set in the licence; Zoos will be regularly inspected according to the Article 49, point 1 of the Law on Animal Welfare. Inspection control of the enforcement of the Law is carried out by the Veterinary inspectors, Inspection Directorate; Appropriate steps will be taken to ensure compliance with licence conditions according to the Article 50, point 11 of the Law on Animal Welfare. Inspection and enforcement system Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

12. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Mechanism for the appropriate treatment or disposal of animals if a zoo or part of a zoo is closed has been identified: – In accordance to the Law on Animal Welfare, Article 33 (Official Gazzete of Montenegro, 14/2008 from 29.02.2008), zoo is required to adopt a plan of care of animals in the event of closure or natural disasters; – In accordance to the Article 34 of the Law on Animal Welfare (Official Gazzete of Montenegro, 14/2008 from 29.02.2008), zoo is required to submit animals to the other zoo that meets the requirements for the keeping of animals prescribed by this Law. If there is no possibility of taking care of animals in an appropriate manner, the animals must be mercy killed. Inspection and enforcement system Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

13. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Determining penalties for breaches of national provisions: – According to the Article 51 of the Law on Animal Welfare (Official Gazzete of Montenegro, 14/2008 from 29.02.2008), fines from twenty to two hundred times the minimum wage in Montenegro will be imposed for offenses on legal entities and entrepreneurs if zoo does not have decision on compliance with veterinary and sanitary requirements; – In the case of repeated violations of Article 51, paragraph 50 of this Law, legal persons, entrepreneurs and physical person can be barred from carrying out activities for a period of one month to six months. Inspection and enforcement system Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

14. Chapter 27: Enivronment and climate change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Participate in research- It shall be ensured with the adoption of the Rulebook related to the keeping of wild animals in zoos by the Ministry of Agriculture and Rural Development; Promote public education- It shall be ensured with adoption of the Rulebook related to the keeping of wild animals in zoos (Ministry of Agriculture and Rural Development); Accommodate animals in appropriate conditions- The conditions in zoo have to meet the requirements under existing Rulebook on detailed conditions of keeping and breeding endangered species of animals (Official Gazzete of Montenegro, 01- 3282/9, from 15.11.2010); Keep appropriate up-to-date records of collections- Article 34 of the Law on Animal Welfare (Official Gazzete of Montenegro, 14/2008 from 29.02.2008), states that zoo had to maintain records of placed, sold, exchanged or donated animals. Requirements applicable to zoos

15. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT Administrative/Institutional capacity Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

16. Thank you for your attention QUESTIONS?