MONTENEGRO AND EU INTEGRATION PROCESS

Accession to EU is the highest strategic foreign political priority of Montenegro. Such political commitment has been transformed into an international legal obligation by signing Stabilization and Association Agreement between the European Communities and their Member States, on the one hand, and Montenegro, on the other hand, in Luxembourg, October 15, 2007. By signing Stabilization and Association agreement Montenegro is legally expressed its political will to: - Align its legislation with the EU acquis; - Establish a satisfactory institutional framework for implementation of its regulations harmonized with EU regulations on the environment. The European Council granted the status of candidate country to Montenegro in December 2010. Accession negotiations were opened in June 2012. The Stabilization and Association Agreement between Montenegro and the EU entered into force in May 2010.

Montenegro has made good progress towards meeting opening benchmarks for chapters such as Agriculture and rural development, Energy, Employment and social policy, and Regional policy and preparation for structural instruments. Particular attention needs to be paid now to fulfilling the opening benchmarks in chapters like Competition policy and Environment and climate change, which are challenging for Montenegro.

As stated in the last EU Progress Report 2015, Montenegro is moderately prepared for most acquis chapters although the level of alignment does vary. Concerning public procurement Montenegro is moderately prepared. More work is needed to prevent corruption occurring during the procurement cycle. On financial control, Montenegro is also moderately prepared but significant efforts are needed to implement public internal financial control (PIFC) at all levels of public administration and in state-owned enterprises. On statistics, Montenegro has achieved some level of preparation: significant efforts are needed, especially to ensure the alignment of macro-economic and business statistics with EU standards. Montenegro is at an early stage of preparation on, inter alia, environment and climate change. Aligning with the acquis and strengthening the administrative capacity remains a substantial challenge for Montenegro.

ENVIRONMENTAL LEGISLATION APPROXIMATION PROGRESS IN MONTENEGRO

Montenegro made some progress on aligning and implementing legislation on environment and climate change. In the area of horizontal legislation, the new law on the environment is still to be adopted. Montenegro needs to do more both at national and local level to carry out environmental impact assessments (EIA) and strategic environmental assessments (SEA). On access to environmental information, the three Aarhus Centres have continued to function well. Montenegro has taken some steps to improve cooperation with civil society organisations, but more work is needed to achieve a satisfactory level of cooperation. On air quality, Montenegro amended law on air quality, to align more closely with the acquis. Government of Montenegro adopted the national strategy for waste management until 2030 and the national waste management plan 2015-2020. The law on waste management needs to be adopted. The national network of air quality monitoring was expanded in March with the opening of five pollen monitoring stations. On water quality, amendments to the law on waters to further align with the acquis were adopted in July 2015. The Ministry of Agriculture adopted the 2015 programme to encourage projects in the water sector. On nature protection, in February the government adopted the 2015 forest management programme. In April 2015, Montenegro designated its first regional park: the ‘Piva’ regional park in the municipality of Plužine. This will increase the percentage of Montenegrin territory that is protected. The government also took some initial steps to protect the Ulcinj Salina nature and bird reservation site. On industrial pollution control and risk management, amendments to the law on integrated prevention and control of environment pollution were adopted in July 2015. On chemicals, in January 2015 the government adopted the 2015-2018 national strategy for the management of chemicals. The amendments to the law on flammable liquids and gases were adopted in July. In March 2015, parliament ratified the agreement between Montenegro and the EU on Montenegro’s participation in the EU Civil Protection Mechanism. On climate change, Montenegro made some progress on legislative alignment and on implementation, in particular on fuel quality, ozone-depleting substances and fluorinated gases through amendments to the law on air protection. The government submitted a Second National Communication under the UN Framework Convention on Climate Change in May 2015 and adopted and submitted its intended nationally determined contribution (INDC) to the expected 2015 Paris Climate Agreement. INDC is part of the Climate Strategy, also adopted in September 2015. Their implementation should be consistent with the EU 2030 Framework.

   

Compare report with

Top Findings

Finding
1 When it comes to the preparation of EIA, the baseline data related to biodiversity which are used in the preparation of mentioned assessment are based only on desktop studies with no original research and due to weaknesses in the baseline, the assessment findings are unreliable.
2

In accordance with Law on waters following legal acts are not adopted: Water Management Strategy, River Basin Management Plans, Water Cadaster and Water Information System, also
all bylaws, except one, were adopted before adoption of amendments of Law on Waters 2015.

3

Law on urban waste water management has not been adopted.

4

Connection of citizens to the sewerage system in urban areas is about 67% and in the function is only 4 waste water treatment plants.

5

Vulnerable zones as well as monitoring of surface and ground water have not been defined.

6

The biggest problems which currently exist in implementation of Renewable Energy projects are the following: Lack of basis (water basis, ecological etc.), incompatibility of legal regulations or their implementation, insufficiently clear defining of responsibilities of concessionaries and grantor, poor capacity of institutions responsible for management of water and energy resources, unsustainable planning (especially when it comes to HPPs) and low level of public involvement.

Top Recommendations

Recommendation
1

Through the Law on Environmental Impact Assessment it is necessary define the obligation of licensed Company/Institution for preparation of EIA to conduct additional filed researches (biodiversity researches) in order to obtain quality biodiversity base.

2

Government of Montenegro must prepare and adopt Water Management Strategy, River Basin Management Plans, Water Cadaster and Water Information System as soon as possible to ensure sustainable planning and use of water resources.

3

Government of Montenegro must adopt Law on urban waste water management as soon as possible in order to prevent further pollution and improve current status of water bodies.

4

Relevant institutions must improve, eliminate barriers and speed up process of realization of waste water treatment plants project as well as construction of sewerage networks project in Municipalities in Montenegro.

5

Hydro meteorological Institute of Montenegro must improve monitoring system, increase the number of measuring stations and to establish monitoring of ecologically flow downstream from water intake.

6

Government of Montenegro must prepare and adopt water basis and other water management basis, define and implement list of approvals required in order to approve in quality and sustainable manner the construction of energy facilities. Responsibilities of concessionaires and grantor should be more clearly defined in the Concession Agreement, particularly with regard to the issues the led to the termination or issues in implementation of the agreement, so far in the implementation. Relevant institutions must define short term and long term plan of raising capacities in the field of water management and energy and include local communities in initial planning phase of projects.



EU environmental policy categories

Legislation:

Law on waters („OG RMNE“, no 27/07 and “OG MNE”, no. 32/11 i 48/15);
Rulebook on the content of the preliminary flood risk assessment and plan of flood risk management ("Official Gazette", No. 69/15);
Operational plan of protection from harmful effects of water for waters important from Montenegro for 2016 ("Official Gazette of Montenegro", No. 1/2016 of 5 January 2016);
Rulebook on the manner of determining environmental flow of surface water ("Official Gazette of Montenegro", No. 2/16 of 14 January);
Rulebook on the form, detailed content and manner of keeping water books;
Rulebook on borders of sub-basin areas and small basins areas (OG 24/02/2016);
Decree on classification and categorization of surface and ground water ("Official Gazette of Montenegro", no. 2/07 of 29 October 2007);
Decree on content and manner of preparation of water management plan on water area of river basin or on its part ("Official Gazette of Montenegro", no. 39/09 of 17 June 2009).

Implementation:

Amendments on the Law on Waters from 2015, which was prepared with expert assistance from the EU, provided through the TAIEX, a significant step in transposing EU water legislation has been made, in the first place of Directive 2000/60/EC (WFD);
It is considered that through adoption of bylaws in accordance with Law on water from 2015 and through adoption of Law on urban waste water management will be made full transposition of the following directives:
Directive 2008/105/EC(EQS);
Directive 2007/60/EC (flood risk management); Directive 2006/7 / EC (quality of bathing water); Directive 2009/90 / EU (laboratory practice, change WFD);

Legislation Gaps:

In accordance with Law on waters following legal acts are not adopted:
Water Management Strategy
River Basin Management Plans
Water Cadastre
Water Information System
All bylaws, except one, were adopted before the adoption of amendments of Law on Waters 2015, so there is a need for their revision and harmonization with new Law on Waters or for adoption of new bylaws, which will allow implementation of Law on Waters in its amended form.

Implementation Gaps:

Montenegro has so far paid more attention to the transposition of EU legislation on water than the implementation of these regulations. Implementation of regulations is still at an early stage, although some activities were implemented or their implementation is still in progress. Full transposition of EU legislation on water has not yet been completed and should be made by the end of 2017.
Monitoring of quality of surface water and groundwater is done according to regulations from 2007 which does not comply with the relevant requirements of EU regulations relating to monitoring the quality of these waters.
Undeveloped network of measuring stations for surface water and groundwater;

Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation:

Law on waters („OG RMNE“, no 27/07 and “OG MNE”, no. 32/11 i 48/15);

Implementation:

It is considered that through adoption of bylaws in accordance with Law on water from 2015 and through adoption of Law on urban waste water management will be made full transposition of Directive 2006/118 / EC (protection of groundwater)

Legislation Gaps:

There are no bylaws for implementation of Law on Waters in field of ground waters.

Implementation Gaps:

Monitoring of ground water has not been established;
Ground water bodies have not been defined;
Competences of institutions for monitoring of groundwater quality vaguely defined

Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation:

Law on waters („OG RMNE“, no 27/07 and “OG MNE”, no. 32/11 i 48/15);
Rulebook on amending the rulebook on the quality and sanitary/ technical requirements for waste water discharge into the recipient and public sewage system, method and procedure of testing waste water quality, the minimum number of tests and the content of the report on the determined waste water quality ("Official Gazette of Montenegro", No. 26 / 12, dated 24 May 2012.);
The Strategic master plan for sewerage and waste water in the central and northern region of Montenegro (from 2005);
Master plan for wastewater Montenegro Coast and the Municipality of Cetinje (from 2005).

Implementation:

Through amendments of the Law on Waters from 2015, Directive 91/271 / EEC has been additionally transposed into the legal system of Montenegro, so that percentage is now 52.9%

Legislation Gaps:

Law on urban waste water management has not been adopted (currently this Law is in phase of preparation);

Implementation Gaps:

Strategic master plans have been adopted without previously adopted appropriate legal framework, which would be established in accordance with the UWWT Directive;
Connection of citizens to the sewerage system in urban areas is about 67% and in the function is only 4 waste water treatment plants;

Legislation:

Law on waters („OG RMNE“, no 27/07 and “OG MNE”, no. 32/11 i 48/15);
Decree on the amount and method of calculating water charges and the criteria and method of determining water pollution ("Official Gazette of Montenegro", no. 29/09 of 24 April 2009);
Rulebook on the method and conditions of measuring the quantity of waste water discharged into the receiver.

Implementation:

It is considered that through adoption of bylaws in accordance with Law on water from 2015 and through adoption of Law on urban waste water management will be made full transposition of Directive 91/676 / EEC (nitrates)

Legislation Gaps:

There is a need for revision and harmonization of existing bylaws with new Law on Waters or for adoption of new bylaws, which will allow implementation of Law on Waters in its amended form.

Implementation Gaps:

Vulnerable zones as well as monitoring of surface and ground water have not been defined;
Monitoring network for measuring concentration of nitrate in surface and ground waters has not been established.

Legislation:

Law on the Environment ("Off. Gazette of Montenegro", No. 48/08 of 11.08.2008.)
Law on Free Access to Information ("Official Gazette of Montenegro, No. 44/2012," of 9.8.2012.)

Implementation:

Directive 2003/4/ EC on Public Access to Environmental Information and Repealing of Council Directive 90/313/ EEC apply through the implementation of the Law on the Environment and Law on Free Access to Information, at the state and local level.

Legislation Gaps:

- No gaps in regulatory sense

Implementation Gaps:

Relevant studies concerning environment impact assessment are not available for public (when it comes to the large projects) when it is necessary (period of organization of public consultation for specific documents)

Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation:

- Law on environmental impact assessment (“Official Gazette of Montenegro, No. 27/2013)
- Decree on Projects subject to Environmental Impact Assessment (Official Gazette of the Republic of Montenegro 20/07, 47/13, 53/14);
- Rulebook on the content of documents to be submitted with the application to decide on the need for Environmental Impact Assessment (Official Gazette of Montenegro 14/07)
- Rulebook on the content of Environmental Impact Assessment (Official Gazette of Montenegro 14/07);

Implementation:

Directive 2011 /92 / EU on the assessment of the effects of certain public and private projects on the environment is completely applied through the implementation of the Law on the Environment Impact Assessment (EIA) and supporting by-laws.
The Environment Impact Assessment (EIA) implements for all new projects, and their changes.
The law is applied since 2008 at the state and local level. Two lists of projects were found- List I of projects for which EIA is required and List II of projects for which EIA may be required. Also, cross-border procedures are implemented, in order to inform other country if the implementation of the project may have a significant effect on the environment of that other country.

Legislation Gaps:

- No gaps in a regulatory sense

Implementation Gaps:

- EIA documents are not available electronically;
- The final report of findings by the competent authority is not published, so members of the public do not know what mitigation measures have been agreed;
- The quality of baseline studies is unsatisfactory;
- Research is postponed until a later stage (after permits have been obtained);
- The baseline assessment covers a wide area and does not concentrate on the area directly affected by the project;
- Due to weaknesses in the baseline, the assessment findings are unreliable;
- Significant areas of assessment are not covered in the EIA.
- Mitigation measures are not proposed or are very general.
- Cumulative impacts are not addressed when it comes to the HPPs.
- Alternatives are not covered in most case-studies, or simply consist of the no-go option.
- The EIA takes a positive view of the development even though important issues require detailed research or significant impacts are identified with no possible mitigation.
- The EIA process is only initiated after advanced designs have been prepared when it is no longer possible to make constructive amendments and refusal of a permit is likely to be politically sensitive.
- The consultants/experts are selected by the project developer which limits independence of view.

Legislation:

The Law on Strategic Environmental Assessment ("Official Gazette of Montenegro, No. 80/05," of 28.12.2005, 73/10 of 10.12.2010, 40/11 of 08.08.2011. and 59/11 of 14.12.2011.)

Implementation:

Directive 2001/42/EC on the assessment of the effects of certain plans and programs on the environment (SEA) completely is applied through implementation of the Law on Strategic Environmental Assessment Environmental Impact, from 2008 year on the state and local level. The strategic impact assessment is carried out for all plans and programs whose implementation may affect the environment, as well as their amendments.
Directive 2003/35/EC providing public participation in respect of the drawing up of certain plans and programs relating to the environment and for amending Council Directives 85/337/EEC and 96/61/EC in terms of public participation and right to legal protection is fully transposed by The Law on Strategic Environmental Assessment and Law on environmental impact assessment.

Legislation Gaps:

No gaps in a regulatory sense

Implementation Gaps:

- SEAs are conducted too late in the design development process so there is little opportunity to examine alternatives, or to introduce effective mitigation;
- Consultants are selected by the project developer which leaves the consultant fully dependent on the developer;
- SEA documents are not available electronically;
- The baseline data for preparation of SEA are often old and out-dated;
The SEA often recommends that mitigation measures should be defined during the construction phase (instead of being an integral part of the decision)
The SEA in some cases supports development – while acknowledging that the impacts on biodiversity cannot be prevented or mitigated;
Issues of climate change are ignored;
Baseline data are based only on desktop studies with no original research;
The final report of the SEA is not public; so the final measures to minimize and avoid negative impacts are not known to the general public

Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
.
Legislation:

- Law on energy from 14th January 2016;
- Law on the efficient use of electricity;
Decree on tariff system for determining incentive price of electricity from renewable energy and high efficiency cogeneration („OG MNE", no. 52/11, 28/14 i 79/15);
Rulebook on detailed conditions to be completed by legal person for measuring and exploration potential of renewable energy sources;
Rulebook on the types and classification of plants for production of energy from renewable and high efficiency cogeneration;
Energy Development Strategy;
Action Plan for Energy Development;
National Renewable Energy Action Plan.

Implementation:

Transposition of the EU legislation governing the issue of climate change is an early stage in Montenegro;
Directive 2009/28/EC on the promotion of the use of energy from renewable sources is not incorporated into legal system of Montenegro;
National target for use of energy from renewable sources, which represents the share of energy from renewable sources in gross final consumption of energy is determined for Montenegro in accordance with Decision (2012/04/MC-EnC of 18 October 2012) adopted on 10th meeting of the Ministerial council of the Energy community. The mentioned Decision obliges Montenegro to implement Directive 2009/28/EC on the promotion of the use of energy from renewable sources in its own legal system and to achieve national target amounting to 33% by 2020.
In period from 2008 more than 30 small hydro power plants have been approved.
Construction of more than 40 windmills has started.

Legislation Gaps:

Through all strategic documents Government of Montenegro plan and promote construction of HPPs on Moraca river, however this project has been assessed as one of the most unacceptable energy projects in Montenegro by domestic, international and lay public project. Plan of construction of HPPs on Moraca is in direct conflict with this requirement of the EU Commission because Skadar Lake and Moraca canyon fulfil all the conditions for Natura 2000, as evidenced by numerous scientific works. Also, planned dams bring status of strongly modified water body to Moraca, which is located upstream of Skadar lake. Skadar lake is the most important freshwater biodiversity area in the Balkans which is contrary to the Water Framework Directive and Natura 2000 directives.

Energy Development Strategy have a lack of input data, calculations, unrealistic forecasts, location, etc. but still gives groundless positive projections for large projects based on outdated and unsustainable technologies, including the construction of a series of hydropower plants on Moraca.

Implementation Gaps:

The biggest problems which currently exist in implementation of Renewable Energy projects are the following:
Lack of basis (water basis, ecological etc.);
Incompatibility of legal regulations or their implementation;
Insufficiently clear defining of responsibilities of concessionaries and grantor;
Poor capacity of institutions responsible for management of water and energy resources;
Unsustainable planning (especially when it comes to HPPs)
Low level of public involvement.

Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps:
Legislation: Implementation:
Legislation Gaps: Implementation Gaps: