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 Environme n tal Protection Customs Administration Contact person Gordana Petkovic, Assistant of Director Jasminka Dicic, chief of Taris Group Stefanovic Mileva, advisor 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 the Basel Convention and its procedures; the EU law and its procedures; the UN Recommendations on the Transport of Dangerous Goods; the Globally Harmonized System of classification and labelling of chemicals (GHS)? 1. Have you received training in your country on:

4. 4 1. The first training in the Republic of Serbia was organized by UNEP/ECE and Ministry of Science and Environmental protection of Serbia, as coordinator for the “UNEP WORKSHOP ON UNEP AND UN/ECE ENVIRONMENTAL CONVENTIONS IN THE FEDERAL REPUBLIC OF YUGOSLAVIA“ (Belgrade November, 2001). Several workshops were held regarding the Basel Convention (for example, Workshop on BC organized by REC and BC Secretariat, Prcanj, 2004). Several seminars were organized in Belgrade regarding the EU legislation in collaboration with the Country Office for EU integration. The most specific one was held in Belgrade regarding the waste management/packaging and packaging waste, organized by the Agency for Recycling and financed by TAIEX programme and Globally Harmonized System of classification and labelling of chemicals.

5. 5 2. Has the national legislation in your country been harmonised with the requirements established by the Basel Convention and relevant EU legislation ?

6. 6 2. In the Republic of Serbia this area is regulated within the following legislation: Law on Environmental Protection- is legal frame for environmental protection and regulates import, export and transit of wastes. Waste Management Law - regulates management of waste substances that can be used as secondary resources, conditions of their acquisition, processing and maintenance. Law on Transport of Hazardous Substances Specific issues regulated under separate subsidiary acts: Regulations for Documents Submitted with Request for Import, Export and Transit of Wastes - contains regulations that are related to the contents of documents required for the issue of transboundary waste traffic permit. Regulations on Criteria for Determining Location and Disposition of waste, processing facilities, temporary storage or final disposal of Waste Materials Deposit Sites. Regulations on Conditions and Methods for Classification, Packing and Care of Secondary Raw Materials -contains list of wastes and a waste catalogue in accordance with European documents, with prescribed content of Document on waste classification and Document on taking waste in hand. Regulations on Management of Substances with Hazardous Properties -which prescribes handling of substances with hazardous properties, especially storage, list of waste to be controlled in accordance with Basel Convention and record keeping of on such substances. Book of Regulations on Methodology for Chemical Damage and Environment Pollution Risk Assessment, Preparation Measures, and Measures for Removal of Their Consequences -which specially prescribe methods of record keeping of sorts and quantities of hazardous substances in their production, use, transport, trade, storage and disposal

7. 7 3. Has the national legislation enacted in your country been harmonised with the requirements established by the Basel Convention and relevant EU legislation?

8. 8 3.The state of existing legislation indicates that the BC requerements are implemented into national legislation. Also, existing legislation is not yet fully compliant with EU legislation. Not all aspects of waste management (permit system, specific waste streams) are covered. In order to fully harmonize national legislation with EU directives draft Law on Waste Management which is under parliament procedure. It is expected that the law will be adopted by end of year 2006.

9. 9 4. Has your country prohibit the import of hazardous wastes for disposal?

10. 10 4. Yes. According to the Law on Environmental Protection and Law on Transport of Hazardous Substances it is prohibited to import hazardous wastes from abroad in order to dispose it permanently or temporarily on the territory of Serbia

11. 11 5. Does your national legislation consider any wastes other than those covered by the Basel Convention and EU legislation, as hazardous?

12. 12 5. Yes. According to the Art.1. par.1 (b) of the Basel Convention the national list of hazardous waste includes the following categories of wastes: - Y45 - Used equipment and goods (including refrigerators, packaging materials, barrels, containers and transport vehicles) which contain, or include or witch are contaminated with chlorofluorocarbons (refrigerate fluids, isolation, etc); - Used fluorescent tubes, lamps and similar; - Y45 - Used equipments and goods (including fire fighter instruments and appliances, packaging materials, barrels, containers and transport vehicles) which contain, or include or which are contaminated with halons; - Every single contingent which contains medicines, chemicals, pharmaceutics and similar products, with expired date for usage for declared purpose; - Used goods importing in the big quantities, which will be the problem for the environmentally sound management in country when they become the waste after the declared usage due date (used tires and similar); - Used and old equipment, units and materials for waste treatment and waste final disposal, as well as their parts and residual materials from treatments; - Mixtures of wastes and mixed different waste streams with not in details defined properties; - Wastes with radioactive characteristics, only in case if they are not covered with different existing set of regulations for radioactive wastes; - Residual cooking oils not exhibiting hazardous characteristics, and could be used for purposes other than human and animal consumption; - Packaging materials imported in big quantities; and - All other wastes included in actual Lists A and B of the Basel Convention, which are not specified on the other place.

13. 13 6.Does your national legislation impose any additional requirements to those contained in the Basel Convention for the export, transit, or import, of hazardous wastes?

14. 14 6. National legislation contains requirements such as those prescribed in the BC. Issuing of permits for import, export and transit of hazardous and non-hazardous wastes is regulated by the Regulations for Documents Submitted with Request for Import, Export and Transit of Wastes

15. 15 7. What procedure do applicable rules require you to follow when a shipment of hazardous wastes or other wastes: i) is exported from your country; ii) is transiting through your country; and iii) is imported into your country?

16. 16 7. Control system of transboundary movement of hazardous waste (export and transit) contains application of notifications system (Notification Document and Movement Document) and permit for export or transit, according to the BC rules and control system. Import, export and transit of non-hazardous wastes require issuing permit which follows each shipment of waste.

17. 17 8.Which governmental agency in your country has the main responsibility for managing transboundary movements of hazardous wastes and other wastes? Are there other governmental agencies involved? If yes, please specify: i) the role played by each entity (for example, data collection, verification of notifications and other data, investigation, prosecution), and ii) the legislation under which that role is conferred.

18. 18 8.In the Republic of Serbia the Focal point for the BC and competent authority for issuing permits for import, export and transit of waste is in the Ministry of Science and Environmental Protection. - Public Health Institute of the City of Belgrade - Laboratory for Waste Characterization - Zastava automobili-Kragujevac - IMS Institute- Laboratory for testing materials, Belgrade Listed entities are the competent authorities for waste characterization in the Republic of Serbia

19. 19 9. Has a task force been established to coordinate their activities? If yes, what is the structure and procedures of the task force? If no, how is the exchange of information and cooperation between these agencies organised? Are there bottlenecks?

20. 20 9. Task force consists of the Directorate for Environmental Protection- Serbia, the Agency for Environmental Protection, the Recycling Agency and municipalities. According to inter-institutional cooperation we established Commission for the Basel Convention, composed by the representatives of relevant ministries and institutions (Customs, Laboratory for Waste Characterisation, Chamber of Commerce, Ministry for Economic Relationships).

21. 21 11. Does your country contribute to an international customs network? What are your experiences with this network?

22. 22 11. Our country doesn’t contribute to any international customs network. We have 18 bilateral agreements on mutual administrative assistance in customs matters that are legal bases for exchanging information.

23. 23 12. How do you receive/transmit information from/to the Focal Point and/or the Competent Authority of the Basel Convention? Have you faced any difficulties in this communication?

24. 24 12.The Focal Point/Competent Authority receives/transmits information through regular types of communication within the control procedure (e-mail, fax), sends notification document with supported documentation to the relevant competent authorities of other countries (import, export, transit).

25. 25 13.How do you receive information concerning: i) wastes other than those listed in the Annexes to the Basel Convention that are considered hazardous by other countries; and ii) import bans of other countries relating to hazardous wastes? Have you faced problems in receiving this type of information?

26. 26 13.The Republic of Serbia applies the BC provisions regarding the other wastes than those listed in the Annexes to the Basel Convention, that are considered hazardous by other countries. It means the application of control system of the BC for hazardous waste. In the case when the import is banned in other country Serbia applies the BC provision which prescribes prohibition to export hazardous waste in such country. Serbia does not face with the problems in receiving this type of information.

27. 27 14. Have you received training in your country on how to handle cargos that contain hazardous wastes and other wastes?

28. 28 14. We haven’t received any training on how to handle cargos that contain hazardous wastes and other wastes. Customs officers get basic information about that by attending special course in our customs educational centre.

29. 29 15. Has your country a training academy for customs officers? If yes, do the curricula of the academy include environmental

30. 30 15. In our country we have junior college of business. In this college students can attend course for customs officers, but it doesn’t mean that after graduation they are going to work at customs. Beside this junior college customs administration has its own educational center. All employees have to attend classes and training. It lasts 3 months.

31. 31 16. What procedure do you have to verify whether a cargo conforms to the accompanying documentation, when the cargo is: i) exported from your country; ii) transiting through your country; or iii) imported into your country?

32. 32 16. We have documentary check to verify weather a cargo conforms to the accompanying documentation. We also have post audit. At this moment we are developing TARIC-Integrated tariff, according to European TARIC. We are going to connect commodity codes with goods, accompanying documentations and regulations. In that way we are going to be able to make automatic control through the customs information system.

33. 33 17. Do the procedures to be applied depend on the means of transport, the type of container and packing used?

34. 34 17. The procedures to be applied don’t depend on the means of transport, the type of container and packing used

35. 35 18. What percentage of the i) imported, ii) transiting, and iii) exported, cargo is checked in your country? How do you make the selection?

36. 36 18. According to statistical data from July: - 18 – 20 % of the imported goods were checked; - 9.8 % of the transiting goods were checked; - 3 - 7 % of the exported goods were checked. We make the selection according to: - Means of transport; - Commodity codes; - Importer; - Risk degree. We have 6 levels control: from highly risk goods to the lowest risk goods. The sixth level means detailed physical inspection of goods and documents.

37. 37 19. Do you have any safety measures for handling suspicious cargos in place?

38. 38 19.On the border we don’t have any safety measures for handling suspicious cargos in place.

39. 39 20. Have you faced problems in identifying the type of wastes contained in a cargo? If yes, please specify what type.

40. 40 20. Yes, we have faced problems in identifying end-of-life motor vehicles. We can’t define exact difference between end-of-life motor vehicles and used vehicle and vehicle after crush test. The other problem that we have faced is that we don’t keep records about vehicles that are driven by foreign citizens through our county (according to our customs regulations). It happens that foreign citizens sell those cars in the form of spare parts in our country.

41. 41 21. Do you keep any records of i) the amount of hazardous wastes and other wastes exported, their category, characteristics, destination, any transit country and disposal method as stated on the response to notification; and ii) the amount of hazardous wastes and other wastes imported, their category, characteristics, origin, and disposal methods? Has your country created databases containing the latter information? If yes, please explain how do the databases operate?

42. 42 21. There is no established information system/data base for hazardous and other wastes (production, category, characteristics, destination, disposal etc). Serbia has data on issued permits for import, export and transit of wastes and amounts of exporter/imported wastes.

43. 43 22. Has your country enacted legislation that prevents and punishes illegal traffic in hazardous wastes and other wastes? If yes, please specify

44. 44 22. Yes. Criminal Code contains special Chapter „Criminal Acts against the Environment“. Import of dangerous substances into the Republic of Serbia, processing, disposal, storage of dangerous wastes without permit is prescribed as a criminal act. (1) Anybody who contrary to the legislation imports radioactive or other dangerous substances or hazardous wastes, or undertakes transport, storage, disposal, collecting or storage of those substances or wastes will be punished by prison until 3 years. (2) Anybody who abuse official position or authorization and permit or enable import of substances or waste on the territory of Serbia or enable transport, storage, disposal, collecting or storage of those substances or wastes will be punished by prison from 6 months to 5 years. (3) In the case of wider destroying animals and plants or environmental pollution by the acts from point (1) and (2) which requires long-term remedation or high cost will be punished by prison from 1 to 8 years. (4) For attempt acts from point 1. it will be punished. (5) If the court declare conditional verdict, court could determine undertaken of prescribed protective measures. (6) Anybody who organize acts from point 1. will be punished by prison from 1 to 8 years.

45. 45 23. How is illegal traffic of hazardous wastes and other wastes defined in your national legislation? What are the penalties under your national legislation?

46. 46 23. According to the Law on Environmental Protection legal entity shall pay a fine ranging from 150,000 to 3,000,000 dinars if it commits any of these commercial offences: imports hazardous waste; imports, exports or transit waste without the Ministry’s permit and determined conditions. For the commercial offence the responsible person within legal entity shall also pay fine ranging from 30,000 to 200,000 dinars. In addition to the fine for commercial offences prescribed against legal entity, a protective measure prohibition certain activities may be prescribed and the responsible person may be charged with the protective measure prohibiting the execution of certain tasks for period of up to 10 years.

47. 47 24. Has the national legislation regulating the illegal traffic of hazardous and other wastes been harmonised with the requirements established by the Basel Convention and relevant EU legislation, in particular, Waste Shipment Regulation 259/93?

48. 48 24. Republic of Serbia directly applies the BC requirements regarding the illegal traffic of hazardous and other wastes. Serbia is in the process of preparing new subsidiary regulation on transboundary movement of wastes (import, export and transit) governing necessary documentation to be submitted with the application for a permit for import, export and transit of wastes. In order to fully harmonize national legislation with EU directive Waste Shipment Regulation 259/93 draft Law on Waste Management has a special chapter on transboundary movement of wastes, including illegal traffic. This law is under parliament procedure. It is expected that the law will be adopted by end of year 2006.

49. 49 25. Have you identified any gaps in the national legislation regulating the illegal traffic of hazardous and other wastes?

50. 50 25. We have not identified any gaps in the national legislation

51. 51 26. What procedure do you apply when you have determined that a cargo may be illegal traffic? For example, do you turn it back? Do you seize the suspect shipment and conduct an investigation? Do you contact the country of export / transit / import?

52. 52 26. When we determine that a cargo may be illegal traffic we turn it back and don’t contact the country of export / transit / import.

53. 53 27. Do different procedures apply depending on whether your country is: i) the export state; ii) the transit state; or iii) the import state? If so, what procedures apply in each case?

54. 54 27. Control procedure under the Basel Convention and customs procedure in accordance with the Law on Customs is applying for import, export and transit of waste.

55. 55 28. Which governmental agency is responsible and which are the procedures to be followed for investigating suspected cases of illegal traffic of hazardous wastes and other wastes in your country? Are there other entities involved? If yes, please specify.

56. 56 28. Customs administration and environmental inspectors are responsible in case of suspicion of illegal traffic. Customs officers and environmental inspectors check the shipment and in case of doubt they order testing the waste (laboratory analyse of waste characteristics). If it is the case of import of hazardous waste the shipment will be returned in accordance with the Law on Customs.

57. 57 29. If several governmental agencies are involved, what are the responsibilities of each agency? How is the exchange of information and cooperation between these agencies organised? Are there bottlenecks?

58. 58 29. There is close cooperation between customs (customs control), environmental inspection (inspection control on border) and police.

59. 59 30. Are there joint inspections with: i) other agencies and ii) other countries? Has your country faced any problems when carrying out joint inspections? If yes, how can these inspections be improved?

60. 60 30. According to the Law on State Administration and the Law on Environmental Protection the competent inspection may request joint inspection. If the customs officer or environmental inspector finds that other laws were violated they will immediately inform the competent authorities for the enforcement of those laws (sanitary inspection, veterinary, phyto-sanitary).