MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO 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

Chapter 27: Environment and Climate Change Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora Milena Bataković Senior Adviser Department for nature protection, monitoring, analyses and reporting Environmental Protection Agency milena. batakovic@epa. org. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION • National Biodiversity Strategy with Action plan 2010 -2015 Provisions have been transposed: • Law on Nature Protection (“Off. Gazette of MNE”, 51/08); • Amendments to the Law on Nature Protection; • Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 76/06); • Rulebook on the types and criteria for determining the types of habitat, manner of making maps of habitat, way of monitoring and the threat of habitat, content of annual reports, measures of protection and preservation habitat types (“Off. Gazette of MNE”, no. 80/08); • Rulebook on detailed contents of the annual program of monitoring of the state of conservation of nature and the conditions that have to be met by legal person that performs the monitoring ("Official Gazette of Montenegro, no. 35/10); • Rulebook on detailed conditions that have to be met by the manager of a protected area ("Official Gazette of Montenegro”, no. 35/10). MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION Full compliance Council Directive 92/43/EEC Article 1 (a), b), e), f), i), j) Article 1 e) C 1 Article 2 Article 3 Article 16 Article 18 Annex VI Amendments to the Law on Nature Protection (OG 51/08)) Article 1 Definitions (96), 68), 77), 82), 76), 32)) Article 17 Article 3 Article 12 Article 32 Article 28 Amendments on Law on Nature Protection, there is no appropriate Article but it is transposed in Article 83 (Law on Nature Protection(OG 51/08)) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION Partial compliance Article 1 ( c) Article 1 d) Article 1 (g) Article 14 Article 1 59) Article 46 - Law on Nature Protection(OG 51/08) and Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) Article 1 Such species are listed or may be listed Article 1 (60) in annex II i/ili Aneksu IV ili V; (h, i) Article 1 k) Article 1 l) Article 1 m) Article 3 Article 4 Article 6 Article 10 Article 11 Article 12, Article 13 Article 14 Article 15 Article 1 (12) Article 1 (13) Article 1 (61) Article 14, Article 15 Article 14 Article 3, Article 6, Article 7 Article 28 Article 29 Article 32 Article 27 Amendments to the Law on Nature Protection there is no appropriate Article but it is transposed in Article 83 (Law on Nature Protection(OG 51/08)) Article 22 ANNEKS I Article 35 Rulebook on the types and criteria for determining the types of habitat, manner of making maps of habitat, way of monitoring and the threat of habitat content of annual reports, measures of protection and preservation of habitat types (“Off. Gazette of MNE”, no. 80/08) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION Partial compliance ANNEX II Rulebook on the types and criteria for determining the types of habitat, manner of making maps of habitat, way of monitoring and the threat of habitat content of annual reports, measures of protection and preservation of habitat types (“Off. Gazette of MNE”, no. 80/08) and Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 56/06) ANNEX III Article 14 ANNEX IV and ANNEX V Article 18 Non-transferable Article 1 (n), Article 5, Article 7, Article 8, Article 9, Article 16, Article 17, Article 19, Article 20, Article 21, Article 23, Article 24 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION Foreseen: • Ordinance on the manner for appropriate assessment of planned projects, • • • activities, types of activities for which is obligatory and detailed content of requirements for approval; Regulation on the definition of overriding public interest, method of informing the public and establishing compensatory measures; Regulations on measures for protection of protected and strictly protected plants, animals and fungi with measures to protect their habitats; Ordinance on the method of risk assessment for the introduction of nonnative species of wild plants, animals and fungi, and reintroduction of native species; Rulebook on Ecological Network; Regulation on the establishment of NATURA 2000. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change TRANSPOSITION Establishing a system of strict protection for Annex IV species • Decree on protection of rare, thinned, endemic and endangered plant and animal species (“Off. Gazette of MNE”, no. 76/06) - Not all Annex IV species are on the lists of protected species Taking appropriate conservation measures for Annex V species • According to the Law on Nature Protection it is forbidden to pick, collect or use protected and non-protected plants and fungi, or capture and kill a nonprotected animal species to the extent to which the number of population may be endangered • EPA issues permits and is responsible for monitoring of populations. • Law on wild game species and hunting (“Off. Gazette of MNE”, no. 52/08) – regulates exploatation of wild game species • Freshwater fishing and Marine fishery acts regulate fishing species MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Competent authorities Government of Montenegro Ministry of Sustainable Development and Tourism PE “National Parks of Montenegro” Environmental Protection Agency Ministry of Agriculture and Rural Development Forestry Management Authority Directorate for Inspection Controls MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Competent authorities • Expertise work: Environmental Protection Agency, University of Montenegro- Department for Biology, Institute for Marine Biology. • Research work: Nature History Museum, PE “National Parks of Montenegro”. • Management: PE “National Parks of Montenegro”, Municipalities or Entities that fullfill conditions according to Rulebook on detailed conditions that have to be met by the manager of a protected area ("Official Gazette of Montenegro”, no. 35/10); forest areas (localities) or constitute a part of those areas, shall be managed by the forest management authority. • Foreseen: PE „Morsko Dobro“ to be management authority for protected areas and ecological network under public maritime domain according to the Amendments on Law on Nature Protection (in parliamentary procedure, at the moment approved by Committee for Tourism, Agriculture, Environment and Spatial Planning). MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change IMPLEMENTATION Achievements so far Producing an inventory of sites • “Strengthening the Capacity of Governments and civil sector to adapt to EU Nature Protection Aquis”– Supporting Institutions in Montenegro (WWF)- Serbia, Montenegro and Natura 2000. • Review of baseline situation of biodiversity data based on experts contributions (databases, geodatas, literature, unpublished data, reports). • Draft reference lists of HD Annex II species. • Development of methodology for gathering of existing biodiversity data. • Development of methodologies for field mapping and inventories of HD habitats. • Training of local experts for carrying out existing data collection and field mapping and inventories of HD habitats and species. • Draft catalogue of habitat types. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Assessment of habitat and species 80 70 60 50 40 30 20 10 0 Plant species Fauna species Habitat types Draft reference lists and Draft catalogue of habitat types • 32 Plant species from Annexis (all of them on Annex II i Annex IV) • 79 Fauna species from Annex II (11 of them are priority species) • 62 Habitat types from HD Annex I MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Producing an inventory of sites and Selecting SCIs EEA/Co. E: Emerald Network - implemented by the INP (which is now part of EPA) • 32 sites • Problem: data base is based on literary data and limited number of field working days • Research work without scientific component is not evaluated (inventory and monitoring) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Producing an inventory of sites Foreseen: • Revision and upgrading of Emerald/NATURA database for potential SCI’s • Preparation of scientific proposals for amendments of HD annexes • Preparation of documentation for designation of sites as a part of National Ecological Network MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far A system to monitor conservation status of habitats and species • Anually monitoring program in place (EPA) • Information on the State of the Environment of Montenegro MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Selecting SCIs and establishing a system of protection All natural resources Protected natural asset (Protected areas) (Amendments to the Law of Nature Protection- Ecological Network and Ecological important sites) Requirements for all natural resources for plans and projects (EPA) Activities, actions or operations may be carried out on the bases of an approval (EPA) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union For projects, activities and actions for which EIA is required appropriate assessment is an integral part of EIA (EPA) For projects, activities and actions for which EIA is not required appropriate assessment shall be prepared and EPA implements procedure ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Selecting SCIs and establishing a system of protection • Preparation for inventory of sites has been started through realization of the project “Strengthening the Capacity of Governments and civil sector to adapt to EU Nature Protection Aquis” and EMERALD project MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Selecting SCIs and establishing a system of protection § Assessment of imperative reasons of overriding public interest and Compensatory measures Forseen: § The Mechanism will be completed by adoption of: • Amendments on Law on Nature Protection • Ordinance on the manner for appropriate assessment of planned projects, activities, types of activities, activities for which is obligatory and detailed content of requirements for approval • Regulation on the definition of overriding public interest, method of informing the public and establishing compensatory measures • Rulebook on Ecological Network • EPA will implement the procedure MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Mechanism to consult the public before agreeing to projects that may affect SCI or to re-introducing native species • Amendments to the Law on Nature Protection provides mechanism for consultation of public during Appropriate Assessment Procedures MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Mechanism to promote education and general information to the public National Biodiversity Strategy with action plan 2010 -2015 IPA Project: "Raising environmental awareness" Education activities Environmental Protection Agency Article 107 of Law on Nature Protection (OG 51/08) prescribes that the Ministry os Sustainable Development and Tourism, Environmental Preotection Agency, Legal Person, competent authorities of the local government and managers are obliged to, at the request of interested legal and natural persons, submit the information on the state of nature protection, except for the data considered confidential in accordance with this Law • 3 Arhus Centars • • MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Implementation Achievements so far Establishing an effective inspection and enforcement system • Directorate for Inspection Controls • Ranger services within National Parks MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change Administrative/Institutional capacity State administration Ministry of Sustainable Development and Tourism State administration offices in municipalities (21) EPA Public institutions for management of national parks (currently 5) Directorate for Inspection Controls Current state 3 40 (for general environmental policy) 18 (including expertise tasks) 39 (rangers) and 14 (experts for nature protection issues) Ecological inspection 7 (2 biologists) Forestry and hunting inspection 11 Water inspection 2 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: Environment and Climate Change FINANCING • State Budget, income from protected areas (tourism) and ongoing projects. • Projects approved by the European Comission, under the IPA 2012 national programme is „ Strengthening the environmental protection system in Montenegro”. IPA funds in the amount of 2. 8. mil € are being approved. • As a part of Twinning Project: “Support to Environmental Management”- Component 1, Approximation to the EU Environmental Acquis, has done preliminary estimation of total cost for transposition implementation and enforcement actions related to COUNCIL DIRECTIVE 2009/147/EC. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union ENVIRONMENT AND CLIMATE CHANGE

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