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 Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, March 2013

2. Chapter 27: Environment and climate change Aarhus Convention and Montenegrin laws Maja Raicevic Senior Advisor, Department for Environment Ministry of Sustainable Development and Tourism maja.raicevic@mrt.gov.me 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

3. 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 TRANSPOSITION Directive 2003/4/EC- almost completed (except Article 4.1, 8.2. - partially transposed) Directive 2003/35/EC – fully transposed

4. 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 TRANSPOSITION The Parliament of Montenegro adopted the Law on Ratification of the Convention on Access to Information, Public Participation in decision making and access to justice in environmental matters 15th July 2009. (“Official Gazette of Montenegro - International Treaties”, 03/09) The Constitution of Montenegro (“Official Gazette of Montenegro”, 01/07) as the supreme law of the Article 23 stipulates that ”everyone has the right to a healthy environment, timely and complete information about the state of the environment, to influence the deciding on issues of importance for the environment and the legal protection of these rights and that everyone, especially the state is obliged to preserve and enhance the environment”

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 AND CLIMATE CHANGE TRANSPOSITION  The basic instrument relevant for issues relating to access to information of Montenegro Legislation is regulated by the Law on Free Access to Information (“Official Gazette of Montenegro”,44/12)  Any national or foreign legal and natural entity is entitled to access to information, without being obliged to explain the reasons or the interests for the request.

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 AND CLIMATE CHANGE TRANSPOSITION The competent authority will limit access to information if the disclosure of information would cause adverse consequences which are significantly higher than the public interest requesting their disclosure, unless there is an overriding public interest The overriding public interest in disclosure of information exists when the requested information contains information that reasonably indicates the environmental degradation

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 TRANSPOSITION  Law on Environment (“Official Gazette of Montenegro”, 48/08)  The principle of access to information and public participation (Article 4, paragraph 12)  Information on environment (Article 6)

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 AND CLIMATE CHANGE TRANSPOSITION  Public participation in Montenegro is provided in the preparation and adoption of plans, programs, projects, as well as in the process of drafting laws and regulations in the field of environmental protection  Public includes one or more natural or legal entities, their associations and organisations  Public concerned refers to the public affected by or the public likely to be affected by the plan, programme, project or performing activities, including the non-governmental organisations dealing with the environment and are registered by the competent state authority in charge of internal affairs

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 AND CLIMATE CHANGE TRANSPOSITION Law on Strategic Environmental Impact Assessment ("Official Gazette of Montenegro", 80/05, 59/11) regulates public participation in the preparation and adoption of plans and programs This Law regulates participation of the public and the public concerned in the phase of deciding on the elaboration of Strategic Impact Assessment and in the phase of deciding upon approval to the Strategic Impact Assessment Report

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 AND CLIMATE CHANGE TRANSPOSITION Requirements relating to public participation in all projects which are planned and executed, and which may have substantial environmental impact, are contained in the Law on Environmental Impact Assessment (“Official Gazette of Republic of Montenegro”, 80/05) This Law regulates participation of the public and the public concerned in all three phases of the environmental impact assessment procedures, in the process of: deciding on the environmental impact assessment for the project, (Article 12 paragraph 1); deciding on the requirement for defining the scope and contents of the elaborate (Article 16 paragraph 4 and paragraph 8 ); deciding on the requirement for issuing approval for the elaborate (Article 20 paragraph 1 and Article 24 paragraph 3)

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 AND CLIMATE CHANGE TRANSPOSITION Law on Integrated Prevention and Control of Environmental Pollution (“Official Gazette of Republic of Montenegro”, 80/05) ensured the participation of the public and the public concerned in the process of issuing an integrated permit for the plant operation, which can significantly affect the environment This law regulates the participation of the public in the process of issuing an integrated permit draft, and the final decision stage

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 AND CLIMATE CHANGE TRANSPOSITION The Law on Courts (Official Gazette of the Republic of Montenegro, 5/02, 49/04, and “Official Gazette of Montenegro”, 22/08): – everyone is entitled to the court for the purpose of practicing their rights; – court acts legally, objectively and timely; – all are equal in court; – the work of the court is public; – everyone has the right to a fair trial within reasonable periods (Article 7).

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 AND CLIMATE CHANGE TRANSPOSITION The Law on General Administrative Procedure - regulates the conduct of administrative rules by which it is decided on the rights and obligations of the parties The Law on Administrative Dispute – decides upon legality of the decision which is appoved in administrative procedure The Law on Free Access to Information - decides about legality of the decision given upon a request for access to the information

14. 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 TRANSPOSITION Misdemeanor Law (Official Gazette of Montenegro”, 1/11): – Prescribes the procedure for the determination of responsibilities for the misdemeanor – Determines a range or an amount which may be fined for misdemeanor – Laws in the field of environment – include misdemeanors from the field of environment, and penalties prescribed for the misdemeanor – For misdemeanor from the field of environment protection may be imposed a fine up to twice the maximum prescribed by this Law

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 10: ENVIRONMENT AND CLIMATE CHANGE TRANSPOSITION Access to justice is provided through: – Law on Environment (Article 42 ) – Law on Environmental Impact Assessment (Article 14, 25) – Law on Strategic Environmental Impact Assessment (Article 26) – Law on Integrated Prevention and Control of Environmental Pollution (Article 14, 21)

16. 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 TRANSPOSITION Provisions that are the subject of the Aarhus Convention may be found in other laws pertaining to the environment: – Law on Nature Protection (Official Gazette of Montenegro, 51/08) – Law on Air Protection (Official Gazette of Montenegro, 25/10) – Law on Chemicals (Official Gazette of Montenegro, 11/07) – Law on Waste Management (Official Gazette of Montenegro, 64/11) – Law on Genetically Modified Organisms (Official Gazette of Montenegro, 22/08) – Law on Protection of Environmental Noise (Official Gazette of Montenegro, 28/11) – Law on Forest (Official Gazette of Montenegro, 74/10) – Law on Waters (Official Gazette of Montenegro, 27/07)

17. 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 TRANSPOSITION Transposition of the provisions on access to justice is provided through a number of regulations in the Montenegro, as follows: – Law on General Administrative Procedure (Official Gazette of the Republic of Montenegro, 60/03) – Law on Administrative Disputes (Official Gazette the Republic of Montenegro, 60/03) – Law on Public Prosecutor (Official Gazette of the Republic of Montenegro, 69/03, Official Gazette of Montenegro, 40/08) – Criminal Code (Official Gazette Republic of Montenegro, 70/03, 7/04, 47/06) – Criminal Procedure Code (Official Gazette of Montenegro, 57/09, 49/10) – Law on Corporate Liability for Criminal Acts (Official Gazette of the Republic of Montenegro, 2/07, 13/07) – Misdemeanor Law (Official Gazette of Montenegro, 1/11, 6/11) – Law on Courts (Official Gazette of the Republic of Montenegro, 5 / 02, 49/04, and “Official Gazette of Montenegro”, 22/08) – Law on Inspection Control (Official Gazette of the Republic of Montenegro, 39/03) – Law on Free Legal Aid (Official Gazette of Montenegro, 20/11) – Law on free access to information (“Official Gazette of Montenegro” no.44/12)

18. 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 Ministry of Sustainable Development and Tourism regularly updates a web site that contains all relevant regulations, draft regulations, planning and strategic documents, reports from public debates and other information important to citizens Environmental Protection Agency also regularly updates a web site which contains a report on the state of the environment, permits, notices of assessment of environmental impacts, decisions on the strategic assessment of the environmental impact and other information from the scope of its jurisdiction IMPLEMENTATION

19. 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 The website of the Ministry and the Environmental Protection Agency published Guides for access to information held by the Ministry and the Agency. There are authorized persons in these authorities to act on requests for access to information and provided full updateing by following these requirements. Dissemination of information pertaining to the environment is also done through the Aarhus Centres. IMPLEMENTATION

20. 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 IMPLEMETATION There are three opened Aarhus Centres in Montenegro that represent a significant activity in order to strengthen the implementation of the Aarhus Convention: – April 15, 2011 - Aarhus Centre Podgorica – November 11, 2011 - The Aarhus Centre Niksic – September 21, 2012 - The Aarhus Centre Berane

21. 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 In the year 2012 Ministry of Sustainable Development and Tourism- Department for Environment, has received 11 requests for free access to information: Of the total number of requests received in 2012: – citizens have submitted 3 requests – NGOs have submitted 6 requests – 2 requests were submitted by business entities It is decided: – 3 requests - approved access to information – 8 requests are forwaded to the competent authorities and

22. 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 In the year 2012 Environmental Protection Agency has received 165 requests for free access to information Of the total number of requests received in 2012: – 88 citizens have submitted requests – NGOs have submitted 68 requests – Media has submitted 7 requests – 2 requests were submitted by business entities It is decided: – 162 requests - approved access to information, and 3 requests are forwaded to the competent authorities

23. 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 In order to encourage participation of the public and non- governmental organizations in the preparation of laws, strategies and other documents, the Ministry: – indicates a public call to NGOs for proposing candidates in the composition of the working group for the drafting of a law or other subordinate legislation – organizes public debates in drafting legislation, policy and planning documents, etc. – publishes texts of draft regulations on the website of the Ministry and of the Aarhus Centres, with a call for the submission of comments, reviews and suggestions

24. 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 In the process of making plans and programs, the competent authority for the preparation of plans and programs provides public participation through following steps: – publishes on the website draft of the report on the strategic assessment of the environmental impact, for providing comments and opinions – organizes public debates – takes into account provided opinions in the process of making decisions

25. 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 In order to ensure public participation in the process of project development, authorities - Environmental Protection Agency and local authorities responsible for environmental protection: – inform the public through the print media and by electronic means – organize public debates – take into account provided opinions in the process of making decisions

26. 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 Law on General Administrative Procedure - prescribes that any individual or organization whose right has been violated by the decision of the first instance authority can appeal to the second instance authority within 15 days from the day of decision taken Law on Administrative Disputes - affected party shall file a complaint within 30 days from the day of decision taken on their rights and obligations in the second instance

27. 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 According to the Law on Free Access to Information, against the decision of first instance authority may be appealed to the Agency for the protection of personal data and access to information Agency is required to decide on the appeal within 15 days of filing the complaint Proceedings on the complaint filed against the decision made in the second instance authority is urgent On the request for the information, it is not subject to a fee, and the applicant has only the actual costs incurred by the government relating to copying, scanning and providing the information requested If the applicant is a person with a disability and a person with social need, the cost of the procedure for access to information bears the authority

28. 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 Law on Strategic Environmental Impact Assessment prescribes misdemeanors and fines for perpetrators of misdemeanors ranging from 500 to 4000 euro (Article 28) The Law on Environmental Impact Assessment prescribes misdemeanors and fines for perpetrators of misdemeanors ranging from 500 to 4000 euro (Article 35, 36) Law on Integrated Prevention and Control of Environmental Pollution prescribes misdemeanors and fines for perpetrators of misdemeanors ranging from 250 to 1000 euro (Article 28, 29)

29. 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 INSTITUTIONAL FRAMEWORK Ministry of Sustainable Development and Tourism Environmental Protection Agency state authorities and local government authorities responsible for the preparation of plans and programs local government authorities in charge of environmental protection Aarhus Centres Agency for Personal Data Protection and Access to Information The Administrative Court of Montenegro

30. 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 CONCLUSIONS Full transposition of Directive 2003/4/EC on public access to environmental information will be made by the end of 2014, through amendments to the Environmental Law The adoption of the new Law on free access to information has been asignificant progress in terms of access to information and providing a higher degree of transparency of the government It is also achieved a higher degree of public participation by making two regulations: – Regulation on procedure and method of conducting public debates in preparation of law (Official Gazette of Montenegro, 12/12) – Regulation on the procedure for cooperation between state authorities and non- governmental organizations ("Official Gazette of Montenegro", 7/12)

31. Thank you for your attention. QUESTIONS