print mail Activities - kyoto protocol day

ยง Path: Montenegro

University of Siena Environmental Legal Team (ELT) Legal Assistance in the Republic of Montenegro

The ELT activities of legal assistance aim at the establishment of the legislative and institutional framework for the promotion of sustainable development in the Republic of Montenegro. In this framework, the legal support focuses on two levels: the first one aiming at creating the suitable legislative framework for hosting CDM projects in the country and the second one aiming at approximating the national legislation with the environmental acquis communautaire.
Legal activities related to the implementation of the UNFCCC and the Kyoto Protocol:
Notably, Montenegro gained independency from Serbia in May 2006, therefore a preliminary set of activities aiming at supporting Montenegro in the accession to the International Multilateral Environmental Agreements have been carried out beforehand.
To this respect, the following legal assistance activities have been carried out (2006):
  • Identification of the environmental Treaties which were in force in the predecessor State and the prioritised international Treaties which should be accessed or otherwise accepted by the new State, as well as the relevant EU acquis that the newly independent State should implement;
  • Gap analysis of the Montenegrin legislation with respect to the International and EU commitments;
  • Legal support for the development of the legislative and policy tools for the overcoming the gaps and for the ratification/accession/succession of the applicable International environmental and energy law;
  • Legal support for the harmonization of the relevant EU environmental and energy law.
  • Identification of the procedures for succession or accession to international treaties.
Once completed the assistance for the accession to the relevant International Multilateral Environmental Agreements, the following Reports have been delivered with specific reference to the activities of legal assistance for the implementation of the climate change legislative framework:
  1. Report on Guidelines for the Creation of the Suitable Framework to host CDM in Republic of Montenegro (May 2007):
The Report aims at supporting Montenegro in the activities for the establishment of the Institutional and procedural framework for the implementation of the UNFCCC and Kyoto Protocol, having regard to the Country’s status of Non Annex I. It introduces and critically analyses the key concepts of DNA structure, tasks and roles; CDM structure and requirements; CDM eligibility activities; commitments of the Republic of Montenegro and steps to be fulfilled for the creation of the DNA; suggested options for selecting the most suitable model of DNA.
  1. Report on Guidelines for the Selection of Sustainable Development Criteria in the Republic of Montenegro (July 2007):
This Report follows up with the Report Guidelines for the Creation of the Suitable Framework to host CDM in Republic of Montenegro by completing the analysis on the legislation to be implemented for hosting CDM projects in the Country and by providing the suggestions on the best legislative and policy options for the Country itself.
More in detail it aims at providing the guidelines to select the Sustainable Development criteria for the evaluation of CDM projects in the Republic of Montenegro. It takes into account the implications of sustainable development as recognized in the international context, with particular regard to its applications to the Kyoto Protocol CDM legislative framework. It also focuses on the European Union approach towards sustainable development listing the single EU sustainable development indicators and describing their features and value into the EU policy context as well as analysing the main sustainable development criteria assessment methodologies developed so far. A section providing an overview of SD national experiences developed worldwide follows. Finally the Report analyses the Republic of Montenegro case, focusing on the Country current situation and future perspective in the sustainable development field and suggesting the most suitable solutions for identifying a comprehensive and effective set of national SD indicators to assess CDM projects.
After the completion of this background analysis that lead to the identification of the most suitable options for Montenegro, the activities of legal assistance related to the implementation of the UNFCCC and the KP throughout 2008 and 2009 focused on the setting up of the DNA and on the drafting of the rules of procedure for CDM assessment.
  1. A Workshop on Legal and Technical Issues related to Clean Development Mechanism and Designated National Authorities was organised by IMELS and held in Podgorica on 20 December 2007, with the following Agenda:
  • The International and European Climate Change Regime;
  • CDM: Principles, Institutional Aspects, Requirements;
  • The CDM Project Cycle;
  • Possible structure and procedure of the DNA in Montenegro;
  • Technical Working Group: Case studies;
  • Implementing the EC Environmental Law in Montenegro;
  • Air Quality Management Network.

Legal activities for the harmonization with the EU environmental acquis:

The Legal assistance aiming at the harmonization with the EU environmental acquis focused on the development and drafting of the primary and secondary legislation in the Air Protection sector.
Prior to drafting the necessary legal acts, the activities focused on the screening of the legal gaps of the Montenegrin legislation and on the comparative analysis of the EU, the Italian and the Montenegrin sectoral legislation. The outcomes of such activities conveyed in the following Reports, delivered to Montenegrin authorities:
  1. Requirements of the EU legislation related to tropospheric ozone – an overview (2007);
  2. Implementing the Air Quality Framework Directive (1996/62/EC) in Montenegro: a gap analysis with existing national air legislation (March 2008)
The Report, drafted when EC/Dir/1996/62 was in force, provides an assessment of the level of compliance of the Montenegrin Law on Ambient Air Quality with the EU applicable legislation and provides some recommendations for the development of the secondary legislation on air quality. More in detail, the Report consists of five sections. Section one provides an overview of the European Union legislation in the field of air quality and pollution, a detailed description of the Framework Directive on Ambient Air Quality Assessment and Management and an overview of the so-called “Daughter” Directives. The last part of the first section focuses on the descriptions of the most relevant innovations introduced by the new Proposal for a Directive on Ambient Air Quality and Cleaner Air for Europe (approved by the EU Parliament on the 11th December 2007). Section two of the Report analyses the objective and the provisions of the Montenegrin Law on Ambient Air Quality. The third section presents the state of the art of the Air Quality Framework Directive implementation in Italy. The fourth section provides the results of the final assessment of the level of compliance of the Montenegrin Law with the relevant EU legislation. Both inconsistencies and gaps of the Montenegrin Law are discussed. The fifth and last section provides some guidelines and recommendations for the development, in Montenegro, of a proper legislation in the field of air quality consistent with the European Union standards.
  1. The new Directive on ambient air quality and cleaner air for Europe and the Directive 2004/107/EC: guidelines and recommendations for their implementation in the Republic of Montenegro (May 2008);
This Report follows up the findings of Report 1 Implementing the Air Quality Framework Directive (1996/62/EC) in Montenegro: a gap analysis with existing national air legislation, taking into account the developments of the EU legislation on air quality represented by the final adoption of the New Directive on Ambient Air Quality and Cleaner Air for Europe (EC/Dir/2008/50). This second Report on air quality legislation provides a comprehensive analysis of the new EC directive as well as of the fourth daughter directive that was not merged into it. Accordingly, the Report consists of three sections.
The first section, entitled “The European Union Air Quality legislation”, is divided in two sub-sections: the first one provides an in depth analysis of the new directive features, and the second one deals with the fourth daughter directive (2004/107/EC).
The second section describes the main features of the Italian decree No. 152 of 3 August 2007, implementing directive 2004/107/EC.
The third section consists of three sub-sections with recommendations related to the amendments needed to the Law on Air Quality and concrete guidance for drafting of the two secondary legislation acts needed in this field.
  1. Report on Transport and Environment (2009)
On the basis of the findings of the Reports cited above, legal assistance has been provided in drafting the following legal acts:
  • Law on Air Protection;
  • Regulation on types of pollutants, limit values and other air quality standards;
  • Regulation on substances that deplete the ozone layer;
  • Draft Regulation on air quality monitoring network;
  • Draft Rulebook on air quality monitoring
The Law on Air Protection has been adopted by the National Assembly on 22nd of April 2010, published in the Official Gazette No. 25/2010 of 05.05.2010 and entered into force on 13th of May 2009.
The Law contains eleven chapters dealing respectively with: general provisions, competences and obligations, air quality assessment, monitoring, air quality management and improvement, information and reporting, financing, inspection, sanctions and transitional and closing provisions.
Beside the partial transposition of the Directives 2008/50/EC and 2004/107/EC, the Law also contains the proper legal basis for the secondary legislative acts which shall secure transposition of numerous other applicable EU Directives not strictly related to air quality, but to general air protection.
While the legislative package on air quality shall be finalized by the Law, the Regulation on types of pollutants, limit values and other air quality standards, the Regulation on air quality monitoring network and the Rulebook on air quality monitoring shall cover other aspects of air protection.
The Law contains provisions related to the transposition of the following EU legislation: legislation related to emission limit values originating from stationary sources, mobile sources and products (paints, solvents, fuels, etc.) as well as some activities related to storage and distribution of fuels, NEC Directive, GHG emissions, and EC decisions related to information and reporting (EIONET, EoI).
The activities of legal assistance for the harmonization of the Montenegrin legislation with acquis communautaire continued throughout 2010 focusing on the three sectors listed below:
  • Fuel quality;
  • Environmental Noise;
  • Industrial Emissions
In the sector of fuel quality legal assistance was provided in the process of drafting the Regulation on limit values of pollutants in liquid fossil fuels which is currently in the administrative process of adoption.
In the other two sectors mentioned above the following Reports have been developed:
  1. Report on Comparative analysis of the European and Montenegrin legislation on environmental noise - Recommendations related to drafting the new legislation on environmental noise (May 2010);
  2. Report on EC and EU Member States Legislation on Air Pollution Emission Limit Values from Stationary Sources (in progress).