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, 18-22 March 2013

2. 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 olivera.kujundzic@mrt.gov.melivera.kujundzic@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 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%

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 Law on environment transposes the following features of the ELD: – “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)

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 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

6. Chapter 27: Information society and media 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 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

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 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

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 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.

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 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

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 Implementation plans The new Law on Environmental Liability has the purpose to enhance the implementation by: – 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

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 ADMINISTRATIVE SET-UP The Ministry of Sustainable Development and Tourism The Agency for Environment Protection Environmental Inspection Insurance market

12. Chapter 27: Information society and media 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 CONCLUSION Full transposition – 2013 Full implementation – 2015

13. Thank you for your attention QUESTIONS