First ECENA Plenary Meeting 19-20 January 2006, Zagreb Croatia

1. First ECENA PlenaryMeeting19-20 January 2006,ZagrebCroatia Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report REPUBLIC OF SERBIA Ministry of science and environmental protection Stanojevic Ljiljana DirectorAssistant for environmental inspection Svetlana Parezanin senior adviser

2. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • The document”Council Decision on principles,priorities and condition enclose in the European Partnership with Serbia and Montenegro including Kosovo,according to the Resolution 1244 of UNSC from 10th June 1999”which for environmental sectors defines the short-medium-term priorities.

3. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • “European Partnership” Priorities: • -Adopt the Law on Environmental Protection. • The Law was adopted by the Government in October 2004 and National Assembly adopted this law in December 2004. • The goal of adoption of this kind of law is harmonizing our laws with the EU environmental acquis. • -Establish and operationalise Agency for Environmental Protection. • Agency for Environmental Protection was established in mid 2004 by the Law on Amendments to the Law on Ministries, as a body within the MSEP. Agency started with it's work and established contacts with European Environmental Agency. Capacity building is in progress. • -Adopt and implement legislation on the environmental impact assessment • Law on the Environmental Impact Assessment was adopted by the Government in October 2004. The Government also adopted the Law on Strategic Impact Assessment.

4. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • -Adopt and start implementing water pollution strategy (waste waters). • Elements listed for previous recommendation are essential here as well, with addition of obligation of passing Action Plan for Water Protection. This Action Plan is to be adopted • two years after the Law on Environmental Protection has been passed. Ministry of Science and Environmental Protection has started drafting Action Plan for Water Protection. • -Continue environmental audits of power plants and state what has been done with the biggest polluters. • Law on Environmental Protection and Law on IPPC were adopted byNational Assembly in December 2004. Law on IPPC gives deadline for acquiring integrated license in accordance with Program of bringing of certain branches of economy in compliance with provisions of this Law.

5. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • -Adopt and start implementing the soil pollution strategy (solid waste). • National Strategy for Waste Management was adopted by the Serbian Government in 2003 while Law on Waste Management is being drafted. Feasibility Report on hazardous waste management, including medical waste has been done. Capacity building is in progress. • Necessary activity that should be undertaken is building technical and operational instruments (centres for collecting waste for recycling, close existing 4th class dumping places, build regional plants for waste collection etc.) • In order to help implementation of National Strategy for waste management, Ministry of Science and Environmental Protection- Directorate for Environmental Protection has financed during 2004 and 2005 following activities: • - preparation of technical documentation for building of 10 regional landfills; • - preparation of project documentation for restoration, closing and recultivation of existing landfills in 41 municipalities; • - project realization of restoration and remediation of landfills in 4 municipalities. • National Strategy provides deadlines for each of the planned activities. Deadline for passing the laws and by-laws is end of 2005, for administrative capacity building it is the end of 2005, for building administrative capacities and technical and operational instruments - 2015. • Ministry of Science and Environmental Protection allocated amount of 1 million euros for building sanitary regional landfills.

6. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • -Adopt and start implementing the air pollution strategy (especially by power plants). • National Assembly will pass the National Strategy for Sustainable Use of Natural Resources and Property and the National Programme for Environmental Protection a year after the Law on Environmental Protection has been passed, whereas two years after this law has taken effect, the Government shall pass the Action Plan for Air and Atmosphere Protection. Draft of National Programme for Environmental Protection is currently in the procedure of adoption by the Government of Republic of Serbia- at the moment there are ongoing consultations with other ministries. • The deadline for passing the Law on Air Protection is 2006. • Ministry of Science and Environmental Protection has started drafting Action Plan for Air and Atmosphere Protection as draft Law on Air Protection. Ratification of Kyoto Protocol is initiated.

7. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • -Strenghten administrative capacities dealing with planning, licencing, inspection, monitoring and project management. • Two projects are currently being implemented: "Environmental Capacity Building Program 2003" and "Strengthening Environmnental Management in DEP" with goal of strengthening administrative capacity in the Directorate for Environmental Protection. These two projects are to be finished in 4th quarter of 2005. • Deadline for building administrative capacities is 2015. • -Develop a multiannual plan for investment financing, based on cost assessments and real sources of public and private funds. • Fund is established by the Law on Environmental Protection. Government of Republic of Serbia appointed its Director and management board on 24th of February 2004. Fund for Environmental Protection became operational on 25th of May 2005. Ongoing is plan development of projects to be financed by Fund. Initial funds were provided by the Ministry of Finance. Fund is financed from: • earmarked funds of the Republic budget realized on the basis of charges for activities of trade with wild flora and fauna, charge for registration into the EMAS system, charges for environmental pollution; • funds realized on the basis of changes in ownership of the companies in privatization process; • revenues realized on the basis of international bilateral cooperation on programmes, projects and other activities in field of environmental protection and energy efficiency; • revenues and receipts from the management of liquid money assets of the Fund; • contributions, donations, grants and assistance; • other sources in compliance with law.

8. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • The competent authority for environmental protection in Serbia is Directorate of Environmental Protection under Ministry of Science and Environmental Protection • 4 new Laws from December 2004: • Law on environmental protection • Law on environmental impact assessment • Law on integrated pollution prevention and control • Law on strategic environmental impact assessment The objective of the Laws is to transpose Environmentallegislation and other international standards The legislation for “polluter pay”system was adopted by the Government in December 2005. Secondaru legislation for EIA and IPPC Lows were adopted by the Government in October 2005

9. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 Report • Action plan for harmonization of laws: (deadlines for adoption by Government) • Law on Protection from Ionizing Radiation and Nuclear Safety – end of 2005 • Law on Chemical Management- end of 2005 • Law on Waste Management- end of 2005 • Law on Fishery- end of 2005 • Law on Non-ionizing Radiation- end of 2005 • Law on Packaging and Packaging Waste- 2006 • Law on Air Protection- 2006 • Law on Nature Protection- 2006 • Aside from these laws, Ministry of Science and Environmental Protection is currently preparing Draft of National Programme for Environmental Protection - NESAP- this Programme represents strategy for environmental protection, and in accordance with provisions of the new Law on Environmental Protection, is to be adopted by National Assembly within the period of 1 year after the Law has been passed. National Programme for Environmental Protection has been drafted and at the moment there are ongoing consultations with other ministries.

10. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC • Approximation to EU legislation • Frame deadline until 2007. • Forthcoming negotiations with EU • Definition of transitional period given for existing installations to comply with permit requirements

11. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC • Approximation to EU legislation • Frame deadline until 2007. • Forthcoming negotiations with EU • Definition of transitional period given for existing installations to comply with permit requirements

12. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC • REASON • Harmonization of legislation of the Republic of Serbia with the IPPC Directive 96/61/ЕЕC • PURPOSE • prevent and reduce emissions pollution substancesinto the environment • achieve the high level of prevention of the environmentminimize use of raw and energy • simplecontrol and strengthen the role of inspection

13. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC-Categories of activities and installations • New and existing installations • Activities for issuing permits • Energy industries (16) • Processing of metals (27) • Mining and mineral industry (38) • Chemical industry (64) • Waste management and other activities (53+44) • Total: 242 existing installations

14. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC-Complying with EU requirements • Harmonization of dynamics programme • Permit Pilot Project –“Holcim Group Company” - Cement factory Novi Popovac,SERBIA • New installations • Existing installations deadline - 2015

15. Serbia-Update on strengthening the implementation and enforcement of EU environmental legislation according to the recommendations from EC 2005 ReportLOW ON IPPC-Nextactivities • Capacity Building Programme • Development of BAT Guidance • Support from financial and other institutions for further implementation of IPPC

16. Recommendation 31/2001/EC on minimum criteria for environmental inspection • The implementation level in Serbia

17. ENVIRONMENT PROTECTION INSPECTORS CAPACITY BUILDING Director Strategy Development and Program Policies Unit Environment Protection from Pollution Unit Nature Conservation Unit Inspection Unit Legal Regulations and Economic Instruments Unit General Administration and Financial Management Unit EU Integration and International Cooperation Unit Protection and utilization of protected areas and nature resources (17 inspectors) Environment Protection (45 inspectors) Border inspection (29 inspectors)

18. ENVIRONMENT PROTECTION INSPECTORS CAPACITY BUILDING • Total number of environment protection inspectors in Serbia is 263: • on republic level - 91 • on Autonomy Vojvodina level -16 • on municipality level -156 Trainings for environment protectioninspectors in 2005 were:

19. ENVIRONMENT PROTECTION INSPECTORS CAPACITY BUILDING • Four day training, N.Sad, 21st - 25th May – the training is in the framework of the project “Development of the environmental legislation in Serbia and Montenegro”which is funded by the Ministry for Foreign Affairs of Finland-100 participants • DHV training - Capacity building for environment protection inspectors and border officers: Inspection control on border,problems and recommendations,Belgrade,14th July–30 participants • DHV trainings-Capacity building for environment protection inspectors on republic and municipality level:Presentation of 4 new laws, providing RMCEI, group work,21st ,22nd July in Šabac and Užice-100 participants • 3 trainings for environment protection (republic)inspectors in Šabac,Belgrade and Niš,July, September 2005 -CommunicationTraining – 60 participants

20. ENVIRONMENT PROTECTION INSPECTORS CAPACITY BUILDING • ”Regional Workshop on Regulatory control of radiation safety and security of radioactive sources in medical and industrial practice” organized by International Atomic Energy Agency, Lithuania, Vilnius - 5 inspectors from Serbia, November 2005 • ICPDR training in Schwedt / Oder, Germany, Activity for accident prevention - 2 participants from Serbia, October 2005

21. ENVIRONMENT PROTECTION INSPECTORS CAPACITY BUILDING • On the end of 2005 the book”Manual for environmental inspectors” was published by Republic environmental inspection. First part of the book is environmental legislation;second part is Minimum criteria for environmental inspection including check lists,reports,orders, Low suits etc

22. Capacity building environment inspectors • ECENA activity:

23. ECENA ACTIVITIES IN PERIOD DECEMBER 2004 - DECEMBER 2005 • INECE conference in Morocco, April 2005 1 participant from Serbia and Montenegro • ECENA training in Ireland, Jun 2005 2 participants from Serbia • Peer review for Serbia, October 2005 • ECENA exchange programme in Romania,October 2005 3 participants from Serbia