Montenegro's Legal Framework on Environment and Climate Change

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 91/271/EEC of 21 May 1991 concerning urban waste-water treatment UWWTD Zorica Djuranovic, Ministry of Agriculture and Rural Development Zorica.djuranovic@mprr.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

Chapter 27: Environment and Climate Change LEGAL FRAMEWORK Legislation on water The basic laws regulating the water management in Montenegro are: TheLaw on Waters (Official Gazette of the Republic of Montenegro 27/07 and Official Gazette of Montenegro 32/11, 47/11); The Law lays down the legal status and method of integrated management of waters, water and coastal land and water infrastructure facilities, the method and conditions of carrying out the water related activities and other issues of relevance for the management of waters and water resources Law on Financing of Water Management (Official Gazette of Montenegro, 65/08) 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

Chapter 27: Environment and Climate Change LEGAL FRAMEWORK Other regulations on water issues Law on Waste Management (Official Gazette of Montenegro, 64/11) Rulebook on detailed conditions to be met by the municipal sewer sludge, quantities, volume, frequency and methods of analyses of the municipal sewer sludge for permitted purposes and conditions that need to be met by the soil planned for its use (Official Gazette of Montenegro, 89/09) Art. 2, 14.1, 14.2 UWWTD Law on Utility Services (Official Gazette of Montenegro, 12/95) Law establishes public services and utilities and determines the principles, general conditions and manner of their performance. Law on Environment (Official Gazette of Montenegro 48/08 and 40/10) introduces an integrated approach of management of environment and sets the objectives and principles of environmental protection. The law defines the scope and the content of the monitoring programme and introduces the obligation of self-monitoring for polluters. 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

Chapter 27: Environment and Climate Change LEGAL FRAMEWORK Other regulations on water issues Law on Environmental Impact Assessment (Official Gazette of Montenegro, 80/05, 40/10, 73/10 and 40/11) lays down the procedures for conducting environmental impact assessments for projects that potentially have significant effect on the environment. Law on Strategic Environmental Impact Assessment (Official Gazette of Montenegro, 80/05 and 59/11) lays down the complete procedure from analytical overview to the phase of approval for assessment of impacts of certain plans and programs on the environment Law on Integrated Prevention and Control of Pollution (Official Gazette of Montenegro 80/05 and 54/09) governs the prevention and control of environmental pollution through integrated permits for plants and activities that potentially have adverse effect on human health, environment or material resources. 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

Chapter 27: Environment and Climate Change TRANSPOSITION Existing legal framework Bylaws under the Law on Waters (Art. 2, 3.2, 11.1,2,3, 12.2, 12.4, 13.1, 14.3, 14.4, 15.4, Anex I, Anex III UWWTD) that are in direct or indirect relation with the UWWTD: Rulebook on the quality and sanitary-technical conditions for discharge of wastewaters into the recipient and public sewer, the method and procedure of analysing the quality of wastewaters, minimum number of analyses and contents of the report on wastewater quality established (Official Gazette of Montenegro, 45/08, 9/10, 26/12 and 52/12) Art. 2.16 UWWTD Decree on contents and method of management of the Water Information System (Official Gazette of Montenegro, 33/08) and Rulebook on contents and method of keeping water cadastres (Official Gazette of Montenegro, 1/08) Art. 15.4 UWWTD 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

Chapter 27: Environment and Climate Change TRANSPOSITION Existing legal framework Rulebook on contents of applications, documents for issuing water documents, method and conditions for mandatory announcing in the procedure of establishing water conditions and contents of water documents (Official Gazette of Montenegro, 7/08) Art. 12.4 UWWTD Rulebook on method and conditions for measuring quantities of wastewaters discharged into the recipient (Official Gazette of Montenegro 24/10) Program of systematic monitoring of quantity and quality of surface and ground waters Art. 15.2, 15.3 UWWTD Decree on classification and categorisation of surface and ground waters (Official Gazette of Montenegro, 2/07) Rulebook on conditions that need to be fulifilled by the legal entities in charge for water quality testing (Official Gazette of Montenegro, 66/12) Art. 15 UWWTD 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

Chapter 27: Environment and Climate Change TRANSPOSITION Existing legal framework With a view to protecting waters against pollution, the Law on Waters lays down the obligation for business entities and other legal persons and entrepreneurs discharging wastewaters, to: ensure appropriate treatment of wastewaters, put in place devices for measuring wastewaters ensure the analyses of the quality of waters discharged and their effect on the recipient, through legal entities authorised for conducting these analyses, present the data on quantities and quality of wastewaters to the Water Administration These obligations apply to discharges of urban waste water and discharges from the industrial sector. - Art. 4, 6, 11, 15 UWWTD In case the quality of waters discharged is not in accordance with the prescribed class of the recipient water, a fee for protection of waters against pollution commensurate to the quantity, and pollution level is charged in accordance with the Decision on amount and method of setting the water fees and criteria and method of determining the water pollution level. 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

Chapter 27: Environment and Climate Change TRANSPOSITION Existing legal framework The Law on Waters lays down the obligation of obtaining water management documents (conditions, approval, permit) for all facilities that may have an effect on the water regime. This obligation applies to all systems for the collection, treatment and discharge of waste water as well as the industrial sectors covered by UWWTD - Art. 11, 12, 13 These documents stipulate: development of appropriate technical documents (that contain the data on origin, quality and quantity of wastewaters, the method of treatment before discharge, points for sampling of water for analyses, etc.) construction of facilities that would ensure appropriate wastewater treatment use of facilities in a way that ensures protection of surface and ground waters against pollution 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

Chapter 27: Environment and Climate Change TRANSPOSITION Legal framework planned In addition to the provisions of the Law on Waters stated above and secondary legislation adopted based on it, the Law also lays down the development of documents of significance for the harmonisation of UWWTD: Cadastre of Polluters setting up and keeping of water cadastres under the Water Information System Plan of Protection of Waters against Pollution Establishing WIS is very important, not only in terms of waste water, but its establishment will also secure: all data in the field of water to be collected, systematised, organised and stored in a single database access to information and the exchange of information enforcement of reporting obligation under national legislation and the requirements of the European Union and the international treaties and conventions - Art. 16 UWWTD 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

Chapter 27: Environment and Climate Change TRANSPOSITION Legal framework planned Most of the percentage of non-harmonisation of Montenegro s legislation with the UWWTD is a result of absence of: Regulation on designation of sensitive and less sensitive zones There are no legal grounds for this regulation in Montenegro so it is necessary to amend the Law on Waters first and then the Rulebook on the quality and sanitary-technical conditions for discharge of wastewaters into the recipient and public sewer 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

Chapter 27: Environment and Climate Change TRANSPOSITION Conclusions For harmonisation of Montenegro s legislation with the UWWTD, it would be necessary to: Set up the Water Information System and the Cadastre of Polluters Develop the plan of protection of waters against pollution Amend the Law on Watersin order to harmonise it with the UWWTD (2015) Develop the regulations on designation of sensitive and less sensitive zones Identification of agglomerationin accordance with UWWTD; Harmonise the Rulebook on the quality and sanitary-technical conditions for discharge of wastewaters into the recipient and public sewer, the method and procedure of analysing the quality of wastewaters, minimum number of analyses and contents on the report on wastewater quality established 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

Chapter 27: Environment and Climate Change IMPLEMENTATION Implementation is carried out through the planning documents that are implemented by the Ministry of Sustainable Development and Tourism, which is responsible for the field of public utilities: Master Plan for sanitation and waste water of the Montenegrin Coast and Cetinje municipality, from 2005 Strategic Master Plan for sewerage and waste water in the central and northern regions of Montenegro, from 2005 Study wastewater management coastal region 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

Scope of Strategic Master Plan for sewerage and waste water in the central and northern regions of Montenegro 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

Scope of Master Plan for sanitation and waste water of the Montenegrin Coast and Cetinje municipality 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

Chapter 27: Environment and Climate Change IMPLEMENTATION Montenegro has 21 municipalities and according to the census from 2011, in Montenegro there are overal 625,266 inhabitants, of whom 392,020 live in urban areas. Sewer systems for the collection of waste water are mainly in the urban parts of the municipality and these systems supply around 63% of the population living in urban areas of municipalities. The activities related to the rehabilitation and expansion of the sewerage system in 18 municipalities are in progress. The following table provides an overview of population by municipalities, the number of residents living in urban areas and the percentage of population with available sewerage infrastructure, for each municipality. 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

Chapter 27: Environment and Climate Change IMPLEMENTATION The population in urban areas The total population Coverage of urban areas sewerage network (%) Municipality (in thousands) spatial population Bar Budva Herceg Novi Bijelo Polje Nik i Pljevlja Podgorica Ulcinj Tivat Kotor Cetinje Berane Danilovgrad Kola in Mojkovac Andrijevica Plav Ro aje Plu ine avnik abljak 42,05 19,22 30,86 46,05 72,44 30,79 185,94 19,92 14,03 22,60 16,66 33,97 18,47 8,38 8,62 5,07 13,11 22,96 3,25 2,07 3,57 17,65 15,99 19,54 15,40 56,97 19,49 155,73 10,71 10,24 12,58 14,09 11,07 6,85 2,73 3,59 1,05 5,39 9,42 1,34 0,47 1,72 100 95 70 65 80 80 65 90 50 15 40 93 30 7,5 40 80 75 67 80 60 64 100 95 70 60 87 80 60 91 90 42 40 93 30 10 75 80 75 70 80 60 68 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

Chapter 27: Environment and Climate Change IMPLEMENTATION Facilities for waste water treatment now exist in Podgorica and Mojkovac. Plant in Podgorica is rebuilt and its capacity is strengthened, but it is still insufficient for the treatment of waste water in the capital city, which is why the construction of a new facility is planned. There are also two smaller plants in Virpazar and Rijeka Crnojevica, which were built to protect the water of Lake Skadar from pollution. The activities for the construction of a wastewater treatment plant are in progress in Niksic (capacity 2x55.000ES), Herceg Novi (capacity 65.000 ES) and Budva (4PPOV capacity 130.000 ES in the first stage of realisation) The procedure to select a contractor to build a PPOV in Bar (for 68.000 ES) and joint PPOV for municipalities Kotor and Tivat (for 72.000 ES) Works are contracted for the construction of PPOV in Zabljak (capacity 2000 ES) Preparation of project documentation for construction of PPOV in Pljevlja (capacity 28.000 ES), Bijelo Polje (2x20.000 ES), Cetinje (20.000 ES), Berane (20.000 ES), Plav (2x9.000 ES), Danilovgrad (2x6.000 ), Rozaje (13.600 ES) 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

Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK Public administration bodies: - Ministry of Agriculture and Rural Development - Department for Water Management is in charge of proposing and implementation of policy in the field of waters, for adoption of planning documents and regulations within its competence; - Ministry of Sustainable Development and Tourism is responsible for proposing, monitoring and guiding policy in the area of utilities, measures for the implementation of strategic documents, plans and programs in the area of water supply and management of waste water collected in the city s sewers; - Water Administration has jurisdiction in the area of the enforcement of laws, to prepare professional basis for regulations, plans and programs adopted by the Government and the Ministry of Agriculture and Rural Development, professional preparation of water management plans, establish and maintain the VIS, etc. - Environmental Protection Agency is, among other things, responsible for activities related to: organizing, planning and participating in monitoring, analyzing and reporting on the state of the environment, and enforcement of regulations in the field of environmental protection. 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

Chapter 27: Environment and Climate Change INSTITUTIONAL FRAMEWORK Hydrometeorology and Seismology Office is in charge of the systematic monitoring of the quality of surface and ground waters; LLC Centre for Eco-Toxicological Researches is legal person accredited for analysing the quality of drinking water, surface and wastewaters, sediments and sludge; Institute for Public Health is the highly specialised health institution whose work is aimed at the preservation and development of the health of all citizens. It also carries out controls of hygienic safety of drinking water and analyses of the surface waters quality; Local self-governance units provide and regulate the carrying out of activities of public water supply and public sewer on their respective territories; PROCON is the national unit for th implementation of projects in the field of public services and utilities and environmental protection; Vodacom is the joint service and coordination company for water supplying and sewage disposal for the Montenegrin coast, which coordinates the improvement of local water utilities and the implementation of investment projects financed by KfW bank in the field of water supplying and waste waters management 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

Chapter 27: Environment and Climate Change ADMINISTRATIVE CAPACITY Number of staff working on the implementation and harmonisation with the EU legislation Ministry of Agriculture and Rural Development 3 Ministry of Sustainable Development and Tourism 2 Water Administration 3 Number of staff working in Administration for Inspection Affairs Water Inspection 2 Number of staff working on the analysis of wastewater LLC Centre for Eco-Toxicological Researches 12 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

Chapter 27: Environment and Climate Change PLAN OF HARMONISATION OF NATIONAL LEGISLATION WITH THE UWWTD Assessment funds Existing national legislation Method of harmonisation Deadline Law on waters Amendments to the law on waters 2015 3,000 Rulebook on the quality and sanitary- technical conditions for discharge of wastewaters into the recipient and public sewer the method and procedure of analysing the quality of wastewaters, minimum number of analyses and contents of the report on wastewater quality established Development studies on designation of sensitive zones 2016 3,000 Making the act that sets out the agglomeration 2014/15 200,000 Adoption of new regulations on designation of sensitive and less sensitive zones 2017 1,000 Amendments to the Rulebook on the quality and sanitary-technical conditions for discharge of wastewaters into the recipient and public sewer 2018 1,000 Adoption of the Rules on the treatment of industrial waste water of same origin 2019 1,000 600*106 From MP Construction of infrastructure (sewer systems and treatment plants) 2030 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

Thank you for your attention. QUESTIONS