EU Environmental approximation in the WB and Turkey- ETNAR Conference

1. EU Environmental approximation in the WB and Turkey- ETNAR Conference Palic, September 24th to 26th 2013 Natural resources policy analysis in Serbia Nataša Đereg CEKOR

2. Legal framework In the filed of Nature Protection Strategic Framework consists : • National Strategy for Sustainable Development (2008), • National Program for Environmental Protection (2012), • National Strategy for Sustainable Usage of Natural Resources (2012), • Strategy for Biodiversity of the Republic of Serbia for the period from 2011 to 2018, • Strategy for Spatial Development of the Republic of Serbia 2009 - 2013 – 2020.

3. Legal framework • The Law on Environmental Protection was adopted in 2004 and later amended in 2009 • The Law on environmental impact assesment is adopted in 2004, and amended later in 2009 - The provisions of this Law do not apply to projects designated for national defence purposes. • The Law on strategic environmental assessment - SEA Directive hasn’t been fully implemented in Serbia. There are some conflicts with other laws- for example the Law on planning and construction i regard with determination which plans or programmes are subject to SEA. • The Law on integrated prevention and control of environmental pollution – IPPC - The IPPC Directive was transposed into Serbian regulation by the Law on IPPC, adopted in 2004 - setsa permit conditions which companies have to achieve and obtain IPPC permits by 2015.

4. Legal framework • The Law on Forests- regulates the protection, preservation, planning, cultivation and use of forests, management of forests and forest lands, monitoring and other issues relevant to forests and forestry land. Legal framework for the protection of forest in Serbia: • Law on Game and Hunting • Rules on declaring closed hunting season on protected game species Serbia has ratified following international agreements concerning management and protection of forests: • Law on Ratification of the Convention on the Conservation of European Wildlife and fauna and natural habitats • Law on Ratification of the Convention on Biological Diversity

5. Legal framework • Law on incentives in agriculture and rural development has been partially harmonized with the European legislation, further harmonization is necessary to ensure the stability of the agricultural policy of the Republic of Serbia in the future • The Law on Organic Agriculture is partially harmonized with the acquis in EU, in 2013. - its planned to adopt a National Action Plan for the development of organic agriculture for the period 2013-2017 year, which will be clearly defined measures, targets and activities for organic production. • The Agricultural and Rural Development Strategy for the period 2011–2020 has not yet been adopted. • The Law of agricultural land regulates the planning, protection, development and use of agricultural land, supervision over the implementation this law and other issues relevant to the protection, development and use of agricultural land as a resource of general interest. • Law on GMOs- The Law on Genetically Modified Organisms from 2009 prohibits commercial cultivation and marketing of GMOs and GMO products, including GMO food and GMO food animals. - Serbia is on the pressure to change the current Law on Genetically Modified Organisms (GMOs), from the U.S., the EU and other WTO members • There is a new Draft of Law on GMO 2013.!!

6. Legal framework • The Law on Water regulates all matters relating to all water activities and water management planning, decision-making on individual rights, funding for all water activities outside the market activities. Legal framework for the protection of water from pollution in the Republic of Serbia: • Law on Environmental Protection • Law on Water • Law on Water Regime • Law on Communal Activities

7. Biodiversity, • About 5% of the total flora of Serbia (171 taxa in the range of species and subspecies) are in "Red flora data book of Serbia 1", which describes the extinct and critically endangered plant species. The Republic of Serbia hosts: • 39 % of European vascular flora, • 51 % of European fish fauna, • 49 % of European reptile and amphibian fauna, • 74 % of European bird fauna, • 67 % of European mammal fauna. • Serbia is the member of the Convention on Biological Diversity (Biodiversity) wich has been adapted byThe Rio Conference. • Directive on Birds (2009/147EEC) is completely transposed through Law amending the Law on Nature Protection. • Directive on Habitats (92/43EEC) is almost completely transposed by the law and the accompanying by laws, and the complete transposition will start with the EU accession, when the network of protected areas formed in accordance with the requirements of the directives will formally become a part of the ecology network NATURA 2000.

8. Biodiversity, • There is Law on Ratification of the Convention on the Conservation of European Wildlife and fauna and natural habitats("Official Gazette - International Treaties", no. 102/2007) which sets the aims to conserve wild flora and fauna and their natural habitats, and particular emphasis is given to endangered and vulnerable species, including endangered and vulnerable migratory species. • Law on Environmental Protection, also mentioned the preservation of the biosphere and biodiversity protection. • Serbia has ratified of the Cartagena Protocol of Biosafety at the Convention on Biological Diversity, with annexes ("Off. Gazette of Serbia and Montenegro - International agreements", number.16/05), and became a member of the Cartagena Protocol on Biosafety in May 2006.

9. Forests • The total area of of forests in Serbia is • 2,252,400.00 hectares, or 29.1% of the territory of Serbia, • of which 53% is owned by the state, and 47% is privately • Public company "Vojvodina sume" manages a total area of forests and land of 130,589.96 hectares. • The concept of sustainable forest management and conservation of forests biodiversity defined by the Forestry Development Strategy.

10. Protected areas • The total surface covered by protected areas is 522 120 ha, accounting for 5,91% of the territory of the Republic of Serbia. • Under protection are 463 natural resources • In the future Spatial Plan of the Republic of Serbia ("RS Official Gazette", No. 88/10) predicts until 2015. to set 10% of Serbian territory under protection, and until 2021 makes projection about 12% to be under some sort of protection.

11. Protected areas

12. Protected areas Ecological networks • Emerald network For Emerald ecological network in Serbia provided by 61 areais especially important for the protection and conservation of wildlife species and their habitats. The total land area of these sites covers 1.019.269 ha which is equivalent to 11.54%of the territory of Serbia.

13. Protected areas Ecological networks • The action plan for establishing the ecological network NATURA 2000, the draft of which has been prepared by a working group for the establishment of an ecological network, and based on the recommendations of the stated twinning project. • Important areas of EU NATURA 2000 shall be identified and shall become the part of European the ecological network NATURA 2000 on the day of the Republic of Serbia accession to the European Union. • Regulation on Ecological Networkestablishes the ecological network of the Republic of Serbia, as well as a way to manage and finance the network. • The list of ecologically important areas was given in the Annex I, including 101 wide sites and internationally important ecological corridors which was specified in the Annex II covered approximately 15% of the total area of Serbia.

14. Agriculture • The total agricultural land use in the Republic of Serbia amounted to 3,355,859ha. • Republic of Serbia has 5.096.267ha agricultural land which is 65.8% of its area (without data of the territory of Kosovo and Metohija). • Arable land under organic farming accounts for about 8,500-9,000 ha or 1-1,1% of the surveyed land total. • The Organic farming is mostly practiced in southern and western Serbia, followed by Vojvodina. • “Serbia Organica” is a National Association for Organic Agriculture devoted to the development of organic production and market in Serbia.

15. Water The most important natural water areas are: • Gornje Podunavlje Special Nature Reserve - the most significant wetland in the upper part of the Serbian Danube (adjacent to Kopački Rit in Croatia); • Tikvara and Karadjordjevo wetlands; • Iron Gate (Djerdap) National Park – an area of gorges, valleys and river terraces of remarkable biodiversity • Tara National Park – a unique complex of gorges • Four international Ramsar sites are: • Obedska Bara, • Ludaško Lake, • Stari Begej/Carska Bara and • Slano Kopovo.

16. Water • The Water Framework Directive (WFD) (2000/60/EC), which dominates EU legislation in the water sector has been transposed in Serbia in its main elements, particularly at the level of territorial organization of water management. • Further transposition of WFD is being undertaken through secondary legislation, which is still to be completed. However, the Law does not provide a substantial integrated water management in terms of space.

17. WaterDrinking water • Reasonable harmonization has been achieved in many areas in accordance with the requirements of the Drinking Water (98/83/EK), but there is a serious problem in Vojvodina related to arsenic contamination. • Drinking water quality is problematic in parts of the country. • According to data of the World Bank for year 2012. Serbia has a renewable sources of drinking water 1,158 cubic meters per capita. • Currently the country produces 25 types of bottled water are all strictly controlled. According to the Business Association of producers of mineral water in the first half of the year, Serbia has sold a total of 284.75 million liters of bottled water. • In the first half of year (2012) exported a total of 54.6 million liters, about 20 million, mostly in Montenegro, where he was placed 52.87% of the total exported volumethe EU exports only 1.3%. • During the same period in Serbia imported8 million liters of mineral water, which was paid 3.2 million dollars, and most imports came from Croatia and the EU - by 29%.

18. Republic of Serbia has ratified following international agreements concerning management and protection of water: • Convention on Protection of the River Danube, and adopted the Decree on proclamation of the Law on ratification of Convention on Cooperation for the Protection and Sustainable use of Danube River, in 2003; • Serbia became a full member of International Commission for the Protection of the Danube River (ICPDR) on August 9, 2003; • Framework Agreement on River Sava Basin, Protocol on Navigation Regime to the Framework Agreement on River Sava Basin and Agreement on Provisions of Framework Agreement on River Sava Basin and Protocol on Navigation Regime to the Framework Agreement on River Sava Basin, in 2004; • Republic of Serbia became a full member of the Sava Commission from the beginning.

19. Case study Issues: • The question of authority? • Change of use of land is notthe responsibility of the Secretariat of Energy and Mineral Resources. • Location provided for the legal exploitation of sand must be complied with relevant planning document of the municipality or city (municipality issuing this document). • Nobody controls the land recultivation projects. • After this activity, the plots remain holes that often become illegal dumps, and in some cases, the groundwater level drops so that the surrounding fruit gardens and crops are rapidly fail. • The system of punishment is not carried out. • The amount of excavated sand and gravel are not controlled, but gravel factory can send the report and on the basis that they pay the fee for the State.

20. Case study • The Law of Environmental Protection is in accordance with the Directives and International Conventions. • Implementation of the law and financing from fees for the use of protected areas are not enough to cover even 10% of the cost management. • The adoption of fees for the use of natural resources, somehow, is compensation for the negative impact on the environment, but in practice this is not applicable because during the determination of minimum and maximum charges we come to position that on larger natural resources it has to be allocated larger amounts of money, but in Serbia, because of difficult economic situation, recoverability doesn't exist • The political attitude of the government in Serbia is to eliminate a large number of para-fiscal charges and it is only a question of time when these charges will be overturned, in addition to all, the protection of natural resources is not considered as priority within the political leadership.

21. Case study • One of the problems in the implementation of the legislation is the formal procedure. • In order to consider something as protected, we come to a paradox because it is totally the same procedure for all categories ( it is the same formality to protect wood or to protectof the national park), so that is the reason why large charges are imposed to the small managers. • In the same way, because of practical reasons, managers are managing from different protected resources but it has to be covered by complete documentation for each (there is no possibility for common documentation), and again it raises the question of costs which small managers are not able to cover.

22. Case study • The selection of the managers is also a problem because they have a huge authorization and a small capacities, often they come into a conflict of interests, because if it will be cost-effective management of natural resources as it is forest, managers are forced to exploit the natural resources, as well as tourism organization managers are in a similar situation, primarily because of the impossibility of the state funding. • Management plans are made for ten years and because of unstable political events, such plans are just a formality. In carrying out the general plan of special purpose the dynamics is very troubled (in practice sometimes it is waiting up to a year) and, therefore, the progress is disabled. • The tendency in the world, because of the great devastation of nature, is to protect networks and corridors to maintain communication between areas. In Serbia environmental control network is under the jurisdiction of Nature Protection Institute, but because of disadvantages of funding the implementation of control networks is not applicable.

23. Case study • It is necessary to give efforts in raising awareness, education, professional conferences, exchanging of experiences with international experts in the field of conservation importance and functioning of networks and corridors, as well as the allocation of funds from the country. • In order that Serbia would be able to comply with the Directive and International Conventions it is necessary to improve the law with legislation and regulations in EU, including the opportunity to participate in decision-making control. Thank you!