Transcript 3rd BERCEN Excange Programme for the Environmental

3rd BERCEN Exchange Programme for the Environmental Enforcement
Agencies and Inspectorates, October 19-22, 2004
Prague, Czech Republic
Achievements in IPPC Directive
Implementation:
problems and constraints
Dragan Asanovic
Serbia and Montenegro
Ministry of Environment and Physical Planning
Republic of Montenegro
• Where is Montenegro?
Exotic landscapes are not
always distant and
unapproachable. In the heart
of the Mediterranean,
divided from Italy by the
Adriatic sea, this small
republic is waiting for you.
This little known republic is
620.000 INHABITATIONS
only an hour flight from
13.812 km² area
Coastline: 293,5 km
Rome or Budapest, one hour
Longest beach:Ulcinj-13.000m
and a half from Zurich, and
Largest lake:Lake Skadar-391 km2
then your Montenegrin
Highest peak:Bobotov kuk-2.522 m
Deepest canyon:The Tara River - 1.300 m adventure can begin.
Montenegro-ecological state:
-Declaration of the Ecological State,sept.’91
-Constitution, Oct.’92.,Art.1:
“Montenegro is democratic, social and ecological state.”
A study called The Sustainability of the Ecological State of Montenegro
provides the Government’s long-term strategic directions, including
environmental, economic and social aspects. This study elaborated the
model of an ecological state, as the basis for satisfying:
-environmental requirements;
-social and human requirements of the life quality;
-production competitiveness.
Government's Economic Reform Agenda
(chapter for Environmental Protection):
Goals:
To establish a modern environmental protection system that
provides the foundation for development of Montenegro as an
‘Ecological State’
 Key parameters
-- harmonization with EU environmental regulations and
requirements, and participation in “Environment for Europe”
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-- relevant international conventions
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Project: DEVELOPMENT OF ENVIRONMENTAL
LEGISLATION IN S&M
Ministry for Foreign Affairs of Finland,Unit for Western
Balkans
Ministry of Environment and Physical Planning
Republic of Montenegro, Sector for the Environmental
Protection
Ministry of Science and Environment Protection
Republic of Serbia, Directorate for the Environmental
Protection
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The Project
DEVELOPMENT OF ENVIRONMENTAL
LEGISLATION IN THE S&M
Signed up in Belgrade on June 23, 2002.
The project has a two phases:
-the first phase being implemented only in Serbia (25.03.200224.03. 2003), with bridging period (25.03-31.05.2003.), and
-the second phase (01.06.2003-24.03.2005) shall also included
Montenegro.
The Project deals with legislation concerning Environmental
Impact Assessment and Strategic Environmental Assessment
(EIA/SEA), Integrated Pollution Prevention and Control (IPPC)
and Freedom of Access to Environmental Information.
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The purpose of the Project is transposition into legal systems
of the Republic of Montenegro of the EU Directives relating to
the EIA, SEA, IPPC and public access to the information on
environment, but the attention of the Project is also focused on
two new Directive adopted last year.
The overall Project objective is:
- the harmonization of the environmental legislation in the
Republic of Montenegro with the environmental legislation of
the EU;
-the harmonization will help to adjust the economy of our
country to the conditions of market economy as well as ensure
an efficient regulation of the use of the environment and natural
resource.
1.
RESULT:
Law on IPPC (working text)
2.
Decree (working text): On activities and installations that are
subjekt to integrated permit issuing,on the contents of programmes of
measures of bringing of the existing installations or activities in compliance
with the set conditions,on criteria for determination of the BAT, on criteria
for implementation of EQS, on criteria for determination of ELVs in
integrated permits
3.
Regulation (working text)
On the contents and method of keeping of the Registry Book of the issued
permits
Law on IPPC (working text)
Consists from the following chapters:
 BASIC PROVINSIONS (subject of regulation, meaning of terms)
 PERMIT (types of activities and installations, competent authority and obligations,
permit, application for permit, documents to be enclosed )
 PERMIT ISSUING PROCEDURE (consideration of applications,
information for public, authorities and organizations, draft permit, technical commission,
consideration of the draft permits, decision, conditions determined by permit, obligations
of the operator, permit reconsideration, reconsideration of permit conditions, extension of
permit validity, permit revoke, exchange information of transboundary effects, registry
book , etc)
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SUPERVISION
PENALTY PROVISIONS
TRANSITIONAL AND FINAL PROVISIONS ( harmonization
dynamics Programme, obligations of operators of existing installations)
Permit applications
5days
Publicising of the application
Statements
15days
Statements
Draft
Draft
permit 30days
permit
15days
Complaints and opinions
Publicising of the draft permit
15days
Compl.& opinin.
15days
Technical commission
Permit consideration
120days
(240days)
PERMIT DECISION
Publicising of the decision
Appellate procedure
Legally valid permit
Possible
enfocement
order
Compliance monitoring
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The permit shall contain following conditions:
1.
Implementation of BAT or other technical requirements;
Measures contained in the EIA study;
ELVs for pollutants determined for the relevant installation;
Measures necessary for air, water and soil protection;
Measures relating to management of waste;
Measures relating to reduction of noise and vibration;
Measures relating to the efficient energy consumption;
Requirements relating to monitoring of emission;
Measures for prevention of accidents;
Measures for commencement, stoppages and termination;
Specific conditions for certain types of installations/activities;
Other conditions.
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12.
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Problems:
isolation of former FRY and its exclusion from international processes;
inadequate investment in cleaner processes and pollution control facilities;
low political priority of environmental protection in the transition period;
inadequate legal framework, including laws, regulations and standards that
are not compliant with EU legislation;
weak enforcement of environmental legislation;
the division of competencies between authorities;
misunderstandings between authorities and industry;
obscure of EU requirements and directives;
unsatisfactory situation in the industry;
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Problems (cont.) :
lack of publicly available and valid environmental data;
lack of clarity regarding monitoring responsibilities and poor
information exchange among responsible institutes;
a lack of public participation in and awareness of environmental
matters with all decision making in the Ministry of Environment
and Physical Planning, although this is contrary to law;
no clear policy and division of responsibilities exist to combat
industrial pollution; and finally,
Montenegro suffers from shortage of trained staff, low
environmental awareness and lack of experience in the field of
environmental management.
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4.
Next activity: CAPACITY BUILDING PROGRAM
Capacity building for the environmental administration
(state and local level) is a priority area. The CBP will be
designed on the pilot case scheme.
Activities:
Preparation and approval of the Final CBP;
Selection of participants for training in accordance with
the Program for capacity building;
Writing/compiling the training material;
Implementation of the CBP.
THE AIM OF THE CBP (The goals to be achieved) :
-Skills obtained to understand definitions and terminology ;
-Skills obtained to understand the IPPC as phases of
implementation and through examples/case studies;
-Knowledge and skills obtain to understand division of duties and
responsibilities of competent authorities and developers;
-Knowledge and skills obtain to understand means and procedures
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of public participation ;
-Knowledge and skills obtain to understand BAT requirements in
the IPPC Directive;
-Skills in reviewing IPPC applications;
-Knowledge and skills in understanding the acceptable standard for
compliance and self-monitoring by the operators.
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Next activity: Development of BAT Guidance
Notes
1.
Forming (and approval) the list of chosen installations;
Working out the Program for development common
understanding on BAT;
Purchase/obtaining Reference Documents and Literature
related to BAT;
Facilitating the initial work in the framework of pilot programs.
The idea is to prepare the program and method for work on
BAT documents on the pilot basis only. It is no intention to
develop the system parallel to EU system
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Thank you for your
attention