Environmental Enforcement and Compliance in South Eastern ... · Poland, Romania, Serbia and...

THE REGIONAL ENVIRONMENTAL CENTER FOR CENTRAL AND EASTERN

EUROPE (REC) is a non-partisan, non-advocacy, not-for-profit organisation

with a mission to assist in solving environmental problems in Central and

Eastern Europe (CEE). The Center fulfils this mission by encouraging cooperation

among non-governmental organisations, governments, businesses and other

environmental stakeholders, by supporting the free exchange of information

and by promoting public participation in environmental decision-making.

The REC was established in 1990 by the United States, the European Commission

and Hungary. Today, the REC is legally based on a Charter signed by the

governments of 27 countries and the European Commission, and on an

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headquarters in Szentendre, Hungary, and local offices in each of its 15

beneficiary CEE countries, which are: Albania, Bosnia and Herzegovina, Bulgaria,

Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, FYR Macedonia,

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Recent donors are the European Commission and the governments of Albania,

Belgium, Bosnia and Herzegovina, Bulgaria, Canada, the Czech Republic,

Denmark, Estonia, Finland, France, Germany, Italy, Japan, Latvia, Lithuania,

the Netherlands, Poland, Serbia and Montenegro, Slovenia, Sweden,

Switzerland, the United Kingdom and the United States, as well as other

inter-governmental and private institutions.

Environmental Enforcem

ent and Com

pliance in South Eastern Europe

Environmental Enforcement and Compliance in South Eastern Europe

Compiled Report on Legal Structures and Resources Currently Available to Environmental Protection Agencies

and Inspectorates in South Eastern Europe

A BERCEN Publication

Environmental Enforcement and Compliance in South Eastern Europe THE REGIONAL ENVIRONMENTAL CENTERfor Central and Eastern Europe

Written byMIHAIL DIMOVSKI and ROB GLASER

Edited byKRISTIINA SOONE

Szentendre, HungaryFEBRUARY 2002

THE REGIONAL ENVIRONMENTAL CENTERfor Central and Eastern Europe

Environmental Enforcement andCompliance in South Eastern Europe




This publication is supported by the Ministry of Foreign Affairs of the Netherlands

About the REC

The Regional Environmental Center for Central and Eastern Europe (REC) is a non-partisan, non-advocacy, not-for-profit organisation with a mission to assist in solving environmental problems in Central and Eastern Europe

(CEE). The Center fulfils this mission by encouraging cooperation among non-governmental organisations, governments, businesses and other environmental stakeholders, by supporting the free exchange

of information and by promoting public participation in environmental decision-making.

The REC was established in 1990 by the United States, the European Commission and Hungary. Today, the REC is legally based on a charter signed by the governments of 27 countries and the

European Commission, and on an international agreement with the Government of Hungary. The REC has its head office in Szentendre, Hungary, and local offices in 15 CEE countries, which are: Albania, Bosnia

and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, FYR Macedonia, Poland, Romania, Serbia and Montenegro,Slovakia and Slovenia.

Recent donors are the European Commission and the governments of Austria, Canada, Czech Republic, Croatia, Denmark, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Slovakia, Switzerland and the United Kingdom, the United States, Japan, as well as other inter-governmental and private institutions.

The entire contents of this publication are copyright©2001 The Regional Environmental Center for Central and Eastern Europe

No part of this publication may be sold in any form or reproduced for salewithout prior written permission of the copyright holder

ISBN: 963 9424 293

Published by:The Regional Environmental Center for Central and Eastern Europe

Ady Endre ut 9-11, 2000 Szentendre, HungaryTel: (36-26) 504-000, Fax: (36-26) 311-294, E-mail: [email protected], Website: www.rec.org

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TA B L E O F C O N T E N T S

E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U R O P E 3

Abbreviations 4

Foreword 5

Acknowledgements 7

About BERCEN 8

Conclusions 9

Overview 11

Introduction 11

Administration 11

Institutions and Cooperation 13

Permitting System and Inspectorate Involvement 13

Compliance Checking and Promotion 13

Enforcement 15

Environmental Inspection Organisations, Human Resources and Training 16

Environmental Inspection in Practice 16

Data Storage and Retrieval 19

Monitoring and Sampling 20

Compliance Assessment 20

Enforcement Performance, Actions and Reporting 21

Annex: Compiled Checklists from Country Profiles 25

Country Profiles 41

Albania 43

Bosnia and Herzegovina 57

Bulgaria 77

Croatia 99

FYR Macedonia 125

Romania 143

Serbia and Montenegro 165

A B B R E V I AT I O N S

E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U R O P E4

BTF Balkan Task Force

BOD Biological oxygen demand

CEE Central and Eastern Europe

CEP Committee for Environmental Protection (Albania)

CH4 Methane

CO Carbon monoxide

CO2 Carbon dioxide

COD Chemical oxygen demand

COP Convention of Parties

DG-ENV European Commission DG-ENV - Environment, NuclearSafety and Civil Protection

DPA Dayton Peace Accord

DU Depleted uranium

EBRD European Bank for Reconstruction and Development

EDC Ethylene dichloride

EEA European Environment Agency

EIA Environmental impact assessment

EIONET European Environment Information and ObservationNetwork

EC European Commission

EU European Union

FBiH The Federation of Bosnia-Herzegovina (western entity within BiH)

GDP Gross domestic product

GNP Gross national product

HCl Hydrogen chloride

IPCC Intergovernmental Panel on Climate Change

IUCN International Union for Conservation of Nature and Natural Resources/World Conservation Union

MAC Maximum allowed concentration

MEW Ministry of Environment and Waters (Bulgaria)

MoEPP Ministry of Environment and Physical Planning (FYR Macedonia)

MWEP Ministry of Water and Environmental Protection (Romania)

MOE Ministry of Environment

NASEM National System for Environmental Monitoring (Bulgaria)

NATO North Atlantic Treaty Organization

NEA National Environment Agency (Albania)

NEAP National Environmental Action Plan

NCESD National Center for Environment and Sustainable Development (Bulgaria)

NGO Non-governmental organisation

NEPF National Environmental Protection Fund (Bulgaria)

NH3 Ammonia

NIHP National Institute for Health Protection (FYR Macedonia)

NMHC Non-methane hydrocarbons

NO Nitrogen oxide

NO2 Nitrogen dioxide

NOx Nitrogen oxides (non-specific)

OECD Organization for European Cooperation and Development

PAH Polyaromatic hydrocarbons

PCB Polychlorinated biphenyls

PHARE Poland and Hungary: Action for the Restructuring of the Economy

PEPA Priority Environmental Projects for Accession

REC The Regional Environmental Center for Central and Eastern Europe

REReP Regional Environmental Reconstruction Program for South Eastern Europe

REWI Regional Environmental Inspectorate (Bulgaria)

RS Republika Srpska (eastern entity within BiH)

SECI Southeast European Cooperative Initiative

SEE South Eastern Europe

SFOR Stabilization Force (Bosnia and Herzegovina)

SIDA Swedish International Development Agency

SIEI Sofia Initiative on Economic Instruments

SO2 Sulphur dioxide

SOx Sulphur oxides

UNDP United Nations Development Programme

UNECE United Nations Economic Commission for Europe

UNEP United Nations Environment Programme

UNMiK United Nations Mission in Kosovo

VCM Vinyl chloride monomers

VOC Volatile organic compounds


Networks play an important role in improvinginspections and enforcement, and in enhancing theeffectiveness of environmental law. They also promoteexchanges of information and experience, and lead tothe development of a more consistent approachtoward implementation, application, enforcement andreporting of environmental legislation. The great vari-ety of environmental and institutional challenges with-in Europe today can only be faced in a positive andpractical way through close cooperation between exist-ing networks.

Since its inception in December 2001, the BalkanEnvironmental Regulatory Compliance and Enforce-ment Network (BERCEN) has made substantial contri-butions to environmental capacity-building and thedevelopment of effective institutional structuresthroughout South Eastern Europe. BERCEN providesan excellent opportunity for regulators and practition-ers from these countries to learn and work together toaddress common problems. Close cooperation and awealth of experience from other networks — such asthe European Union Network for the Implementationof Environmental Law (IMPEL); one of the most suc-cessful environmental networking initiatives of theEuropean Union — have helped lay the foundationfor this promising new network. Fostering andimproving this mutual network of cooperation willhelp to integrate the countries of the Balkan regioninto European structures in the near future, and toimprove environmental performances in general. Ona wider front, the dialogue encouraged by networkssuch as this will help to rebuild trust between thecountries of the region — and that will be to every-one’s benefit.

Georges KremlisHead of Unit,

IMPEL Co-ChairEnvironment Directorate-General

European Commission

The International Network for Environmental Com-pliance and Enforcement (INECE), as reflected in thestrategic implementation plan, is committed to coordi-nating efforts in the Balkans with BERCEN and to par-ticipation in BERCEN activities. This commitmentincludes the sharing of training and Internet resourcesand assisting BERCEN with building capacity to imple-ment and enforce new regulations and laws in BERCENmember countries.

In publishing the Compiled Report on the CurrentLegal Structure and Resources Available to the Environ-mental Protection Agencies and Inspectorates in theCountries of South Eastern Europe, BERCEN has takenextremely important step forward in determiningenforcement-programme strengths and assessing theneeds of its eight member countries. INECE will con-sider the extensive data compiled in the Report as itdevelops and pilot-tests a set of compliance andenforcement indicators. We hope that the “INECE indi-cators” project will result in performance measurescapable of allowing BERCEN countries to assess theeffectiveness of their enforcement activities.

INECE applauds BERCEN’s efforts to encouragecountries to work together on projects to advance theapplication and implementation of environmental leg-islation, and to increase the effectiveness of enforce-ment agencies for inspectorates. We congratulateBERCEN on its one-year anniversary, and recognisesthe significant accomplishments it has made during thisshort time. INECE looks forward to working together tomeeting shared goals and assisting other BERCENcountries in following the lead of BERCEN observercountries Bulgaria and Romania through the accessionprocess and into the European Union.

Durwood ZaelkeInternational Network for Environmental

Compliance and Enforcement (INECE)

Foreword

M A P O F T H E R E G I O N


BlackSea

ALBANIA

B U L G A R I A

C R O AT I A

BOSNIA ANDHERZEGOVINA

SERBIA ANDMONTENEGRO

C Z E C HR E P U B L I C

H U N G A R Y

R O M A N I A

FYRMACEDONIA

P O L A N D

S L O V A K I A

SLOVENIA

AdriaticSea

B E L A R U S

U K R A I N E

MOLDOVA

G E R M A N Y

A U S T R I A

I TA LY

GREECE

TURKEY


The Balkan Environmental Regulatory Complianceand Enforcement Network (BERCEN) was establishedin Tirana, Albania in December 2001. BERCEN is aninformal network that facilitates, assists and promotesenforcement of regulations throughout South EasternEurope by disseminating information and finding waysfor participating countries to cooperate and developprojects of common interest. BERCEN operates withinthe framework of the Stabilisation and AssociationProcess. BERCEN participants intend to work togetheron projects to make progress in the implementation ofenvironmental legislation and to increase the effective-ness of enforcement institutions.

One of the first BERCEN activities was to analyselevels of compliance and enforcement with regard tolaws and regulations in Albania, Bosnia and Herzegov-ina, Bulgaria, Croatia, Romania, Serbia and Montenegroand FYR Macedonia. The national reports on currentlegal structures and resources available to environmen-tal protection agencies and inspectorates were com-piled by their respective local experts: Arben Pustina,Albania; Nicolae Horea Avram, Romania; SvetlanaZhekova, Bulgaria; Gordan Stankovic, FYR Macedonia;Mladen Rudez and Borislav Jaksic, Bosnia and Herze-govina; Gordana Pehnec, Croatia; and Zeljko Pantelicand Tomislav Andjelic, Serbia and Montenegro.

Based on these national assessments, a regionalReport on the Current Legal Structure and ResourcesAvailable to the Environmental Protection Agenciesand Inspectorates in the Countries of South EasternEurope was compiled. The key person behind thisreport was Robert Glaser in the Netherlands. He alsocontributed considerably to the establishment of thenetwork and has continuously shared his extensivefield experience with BERCEN.

All national assessments have been approved by therespective BERCEN national coordinators: Alma Bako,Albania; Sladjana Miocic, Croatia; Andjelka Mihajlov andBiljana Djurovic, Serbia and Montenegro; Daniela Flo-rea, Romania; and Miroslav Balaburski, FYR Macedonia.

Andrew Murphy and Georges Kremlis at the Euro-pean Commission Directorate-General Environment,and Arthur Roborgh at the Ministry of Housing, Spatial

Planning and the Environment, the Netherlands, haveprovided significant contributions to this publication.

Special acknowledgements should be given toSabine Sommer at the European Union Network for theImplementation and Enforcement of EnvironmentalLaw (IMPEL), and Durwood Zaelke and KennethMarkowitz at the International Network for Environ-mental Compliance and Enforcement (INECE) for theirfruitful cooperation and support.

This publication has been prepared by the BERCENSecretariat at the Regional Environmental Center forCentral and Eastern Europe (REC). Members of the RECEnvironmental Policy Department, especially OreolaIvanova, Mihail Dimovski and Kristiina Soone, havebeen crucial in the production of this publication. Thepublication also involved the hard work of the RECPublications and Communications Department: PatriciaBarna, Nathan Johnson, Sylvia Magyar, Eunice Reynekeand Greg Spencer.

The report compilation process was supported bythe respective REC country offices: Mihallaq Qirjo andAlken Myftiu, Albania; Nesad Seremet and Jasna Dra-ganic, Bosnia and Herzegovina; Margarita Mateeva andYordanka Minkova, Bulgaria; Irena Brnada, Croatia;Katarina Stojkovska and Zlatko Samardziev, FYR Mace-donia; Anca Tofan, Romania; and Radoje Lausevic andUros Miloradovic, Serbia and Montenegro.

About the authors/editorMihail Dimovski is a project manager in the REC's

Environmental Policy Programme and a member of theBERCEN Secretariat. Rob Glaser is a consultant at TopsEnvironmental Consultants in the Netherlands.

Kristiina Soone is a project officer in the REC’s Envi-ronmental Policy Programme and a member of theBERCEN Secretariat.

Acknowledgements


The Balkan Environmental Regulatory Complianceand Enforcement Network (BERCEN) was establishedin Tirana, Albania in December 2001. BERCEN is aninformal network that facilitates, assists and promotesenforcement of regulations throughout South EasternEurope (SEE) by disseminating information and findingways for participating countries to cooperate anddevelop projects of common interest. BERCEN partici-pants intend to work together on projects to makeprogress in the application and implementation ofenvironmental legislation and to increase the effective-ness of enforcement agencies and/or inspectorates.

The country profiles are the basis of this regional -needs assessment. One of the first activities of BERCENwas to analyse the situation of compliance with andenforcement of laws and regulations in eight countries.

The analysis clearly indicates differing stages ofdevelopment in the BERCEN member countries. TwoBERCEN observer countries, Bulgaria and Romania —both involved in the process of accession to the Euro-pean Union (EU) — are of great importance to this net-work because the advancement of their developmentcan serve as an example to others in the network, andknowledge transfer can be performed relatively easily.

What follows is a summary of the results of thisassessment. The laws and regulations of SEE countriesare being upgraded and reviewed. The Republic of Ser-bia has initiated a complete revision of its body of law.The overall weak points are the implementation andenforcement of new regulations and laws in nearly allBERCEN member and observer countries. The basicingredients, including data compilation and retrievalsystems, hardware and software to support these sys-tems and training for personnel in the regulatory cycle,are not present. The country profiles presented by theBERCEN member and observer countries clearly indi-cate these shortcomings. This first step has to be fol-lowed by a prioritising of these various shortcomings.

The tables derived from the country profiles andpresented in this overview have to be treated withgreat care because the individual countries might havedifferent perceptions of the words used, the questionsasked and the way they are presented. These tablesshould therefore only be used in an indicative way.One has to remember that a number of these countrieshave never before showed or described their systemsto others outside their country, nor have they everbefore analysed their needs.

About BERCEN


A checklist of subjects to be dealt with in the countryprofiles was used in assessing the needs with respect tocompliance and enforcement. Identified needs are notprioritised.

The ways to reach the targets are quite different,depending on the stage of development in each BERCENmember and observer country.

The following main conclusions are drawn from thecountry profiles:

1. Most of the countries have adjusted their laws andregulations to the new political reality, and this legisla-tion is in the process of implementation. These coun-tries expect assistance from BERCEN, from othercountries that comprise BERCEN, the European Union(EU) and other international donors and countries.

2. The environmental ministries — or, institutions thatserve the same function — have been integrated insome cases with ministries of physical planning orministries of water in order to improve capabilityand efficiency.

3. Various ministries cooperate on environmentalissues, but this is based mostly on personal relationsrather than formal relations. Ministries of defencecooperate hardly at all in environmental issues, eventhough military activity has caused considerableenvironmental damage.

4. Most inspectorates indicate a lack of personnel withthe legal training, necessary to develop enforceablepermits, structured compliance monitoring, consistentnon-compliance response, and enforcement proce-dures that are strict but will stand in court. Inspec-torates lose 50% of their court cases, which diminishestheir credibility.

5. Inspectorates could do better in the area of advisingon how to comply with permits (free or compulsoryadvising). The need to strengthen this capability isstressed by nearly all SEE countries. In some coun-tries, inspectors actually write the permit conditionsthat they must enforce at a later stage.

6. Compliance promotion is just being implemented;compliance checking is under-developed; and

programme compliance inspection is weak. Strate-gies in non-compliance response and condoningdo not exist: and neither does a code of conductfor inspectors.

7. In theory, inspectorates possess adequate tools toenforce laws. They strongly indicate the need fortraining — including courses in law — and they needbetter support in the area of human resources.

8. Training is very much undervalued in SEE countries.Management gets no training whatsoever, while otherstaff receive only a few days per year, if any,. Inspec-tors have an average of just more than 15 years expe-rience in most of the SEE countries, though those inFYR Macedonia are younger and have five to sixyears’ experience on average. The lack of staff trainingmakes for very static organisations.

9. Reporting on inspection visits is common, althoughinspectorates have yet to establish performance indi-cators on the effectiveness of such visits, other thanannual figures on the number of visits, court cases anddays spent on inspection. The number of inspectiondays varies between SEE countries, depending on thedefinitions of inspection and functions of inspectors.However, a yearly average of about 150 days perinspector is a reasonable estimate.

10. Most countries need training in “on-site visits” toachieve more efficient and structured inspections.

11.Data storage and data-retrieval systems are underde-veloped. Most countries still rely to a great extenton paper archives. Electronic archiving is on its wayin a number of SEE countries but hardware andsoftware is urgently required, along with training inthe use of this equipment.

12. Monitoring and reporting on the state of the environ-ment is weak, considering the human resources andinformation available within the inspectorates.

13.Small and simple monitoring equipment to be used inemergency situations is lacking, which hinders quickresponse to environmental accidents.

Conclusions

C O N C L U S I O N S


14. Compliance assessments are not performed otherthan through permitting authorities and self-inspec-tions by industry. Some of these assessments are inresponse to complaints. Inspectorates need to estab-lish compliance indicators as part of a compliancestrategy.

15. Enforcement-performance indicators are similarlydeficient. Well-defined performance indicators wouldhelp inspectorates become more efficient.


IntroductionOver the past decade, the South Eastern Europe

(SEE) Stability Pact countries have initiated legislativereforms and have brought their environmental institu-tional structures in line with the new reality. Thesecountries have realised that changes are necessary, andthey have drafted new laws accordingly. But, in manycases, they have not paid due attention to enforcement.Too little attention is paid to the institutional capacityand capability required to make the laws work.

Common difficulties include:

• lack of human, technical and financial resources;

• uncertain positions of environmental authoritieswithin governmental structures;

• insufficient regulatory frameworks;

• ineffective compliance and enforcement activities;

• weak permitting systems;

• non-compliance with multilateral environmentalagreements (MEAs); and

• lack of public participation.

BERCEN assists and promotes enforcement of regu-lations throughout SEE by disseminating informationand finding ways for participating countries to cooper-ate and develop projects of common interest. BERCENmember and observer countries intend to work togeth-er on projects to make progress in the application andimplementation of environmental legislation and toincrease the effectiveness of enforcement agencies orinspectorates.

Bulgaria and Romania (both BERCEN observercountries) are important because they will share theirexperiences related to the process of accession to theEuropean Union.

BERCEN will draw closer to its sister networks; name-ly the EU Network for the Implementation and Enforce-ment of Environmental Law (IMPEL) and AccessionCountries (AC)-IMPEL according to the intentions of theStabilisation and Association Process (SAP). BERCEN willstrengthen links to other networks such as NISECEN ofthe former Soviet states and the International Network forEnvironmental Compliance and Enforcement (INECE).

As a first step in the development of BERCEN —officially established in Tirana, Albania in December2001 — a project called “Needs Assessment in SEECountries” was initiated based on individual profiles ofSEE countries.

This report is a compilation of eight BERCEN pro-files, and a discussion of their experiences.

AdministrationIn the transition from war conditions, the administra-

tions of many SEE countries have been looking for theways and means to adjust to more stabilised conditions.While decentralising their governments and gearing upfor possible EU accession, new laws and regulations areneeded; not only to deal with the newly privatised econ-omy, but also to safeguard the environment. These coun-tries are moving towards framework laws and integratedapproaches. This means a slow process of adjustmentfrom a single-media approach to a multimedia approachin permitting and inspections. Different ways of manag-ing and operating inspectorates are required for sectorspecialists, as well as generalists. Regulators have tobroaden their tasks from ad-hoc, complaint-driveninspections to systematic, programmatic enforcement.

The BERCEN observer countries, Bulgaria andRomania, are in the process of EU accession and mayassist BERCEN member states in making efforts to jointhe union.

Old-style centralised administrations still exist, andregional inspectorates that function in many countriesare directly accountable to central governments or min-istries. Single-media inspections are common, as areseparate permits for different media. A few agencieswith well-defined responsibilities are becoming moreindependent, but they still have strict reporting obliga-tions to the central government.

Framework laws have been introduced and scruti-nised for their applicability, and modernisation is evi-dent in such trends as the movement from sectoral per-mitting and inspection to a more integrated approach.This requires laws to be fine-tuned and implemented.

The following review (Table 1 on page 12) showsthe dates when laws and regulations were updated.

Overview


OV E R V I E W

Albania BiH Bulgaria Croatia FYR Republic Republic of Romania Macedonia of Serbia Montenegro

Ministry of 2001 2001 2001 2000 2000 2001 2001 2001 Environment 2002

Environmental NA NA 1999 NA 2000 NA NA NA Agency

Environmental 1998 NA NA NA 2000 NA NA 2001 Inspectorate/Agency

Competencies 1996 NA NA 1994 2000 NA 1996 2000of inspectors

Specific laws Draft NA 2001 1995 1999 1997 2001 1993,on air 1995,pollution 2000,

2001

On water Draft NA 1999 1995 2000 1993 1997 1996 and EU2002

On waste Draft NA 2000 1995 1998 1996 2000 2001

On noise NA 1999 1990 1993 1992 1995 1995,1997

On urban 1998 NA 2001 2000 1999 1997 2000 1991,planning 2000

On soil 2000 NA 2000 NA Does not exist 1994 1997 1995

On energy 1995 NA 2000 2001 Does not exist NA NA NA

TABLE 1

When did the government last review its laws and regulations?

Albania BiH Bulgaria Croatia FYR Republic of Republic of Romania Macedonia of Serbia Montenegro

Basic 1 year NA 6-8 NA 6-9 NA 1-2 NAenvironmental (in months months yearslaw 2002)

Specific 2 years NA GMO NA 12 NA 1-2 NAenvironmental 2002 months yearslaw

Regulations 2 years NA NA NA NA NA 6-12 NAwithin the monthsframework

Standards 2 years NA EU NA NA NA 6-12 EUaccession months accessionexpected in expected in2007 2007

TABLE 2

How much time does it take to change, develop or write new laws or regulations?


OV E R V I E W

Some of this legislation is still being drafted, but mostcountries have reviewed their laws since 1997.

Most of the countries have reviewed and defined thefunction and organisation of their ministries of environ-ment in 2000 or 2001. The Republic of Serbia is devel-oping a framework law for the environment. An inter-national team is working with the Serbian government,and its new environmental law is expected to be pro-mulgated in 2002.

Such laws normally take one to two years to develop,although Bulgaria and FYR Macedonia managed the taskwithin six to eight months. (See Table 2 on page 11.)

Assistance is required with framework laws, espe-cially in the implementation phase and the develop-ment of standards. Most standards are nowadaysderived from EU directives. Drastic reorganisation ofinstitutions is also required in order to adopt newapproaches to environmental problems.

In many countries, ministries of environment are com-bined with ministries of physical planning or water.

Tables 1 and 2 were extracted from the countryprofiles.

Institutions and CooperationCooperation between environmental protection

agencies (EPAs)/inspectorates and other ministries andagencies with an interest in the environment isextremely important. Table 3 on page 14 paints anoverall picture; one that shows numerous existing linesof cooperation. Whether the level of cooperation needsimprovement or restructuring cannot be easily ascer-tained. Albania, for example, indicates such a need. Itbecomes increasingly important to develop these linesonce systematic enforcement programmes are devel-oped. In most countries, however, such programmesare still missing, due to the lack of human resourcesand political will to become organised.

Most coordination takes place on an ad-hoc basisand seems to be based on personal contacts rather thaninstitutional or formal contacts. In many cases thiscooperation seems to function well, although such sys-tems are difficult to maintain, due to frequent changesin personnel and responsibilities.

Interior ministries and police departments assistinspectorates with environmental enforcement in onlya few countries. The police, however, are not involvedin compliance promotion work. They have the equip-ment and manpower to patrol industrial facilities andcould serve as an early warning system, though theywould need to be trained in environmental matters.Defence ministries rarely cooperate with environmen-tal inspectorates; a disturbing fact, considering that thearmy is a significant polluter in many countries. Militaryforces contribute to soil pollution through petrol leaks

and by dumping waste – some of it hazardous – which,in turn, poses risks to aquifers.

It is encouraging to see that most environmentalministries have good contacts and relations with envi-ronmental NGOs.

In the area of improving cooperation, the deepestneed is for coordinating bodies for programmaticenforcement. In addition, criminal investigations intofraud, illegal dumping and trans-boundary transporta-tion of waste require high levels of cooperationbetween authorities.

The Permitting System and Inspectorate Involvement

The effective functioning of inspectorates or inspec-tion systems depends to a great extent on the quality ofthe permits and the degree of specificity in laws and gen-eral regulations behind the permits. It is of major impor-tance that the inspectors know the contents of permitsbefore they are issued, and that they either lend advice(compulsory or non-compulsory) to assure compliancewith conditions and/or come up with other conditions.In this way they can make sure permits are enforceable.This, in turn, will greatly improve the efficiency ofinspections, and lawsuits stemming from misinterpretedor vaguely defined conditions will be avoided.

Integrated permitting is becoming more common inthe SEE. This is partly driven by the EU accessionprocesses underway in BERCEN observer countriesBulgaria and Romania. Albania is also pursuing inte-grated permitting.

Some countries have inspectors who write permits forthe same installations that they inspect. Although thissystem makes efficient use of knowledge and humanresources, it may pose a conflict of interest. The separa-tion of permitting and enforcement functions is in linewith the philosophy of good governance (trias politica).

In most SEE countries inspectorates have the obliga-tion to advise in the permitting process, though they donot generally write permits. Inspectorates may appealagainst the conditions of the permit. (See Table 4 onpage 15.)

Concerning inspectorates, the deepest need is tobuild advisory capacity and manpower. (See Table 5on page 16.)

Compliance Checking and Promotion

Compliance checking and compliance promotionare basic tasks in the day-to-day work of the inspector,and cornerstones in a systematic compliance andenforcement strategy. However, most SEE countries do


OV E R V I E W

not take a systematic approach to compliance promo-tion. They have compulsory annual inspection activi-ties and ad-hoc compliance checking to address com-plaints. No compliance checks related to specific envi-ronmental elements, such as air, water or soil, are car-ried out in SEE countries. (See Table 6 on page 17.)

Compliance promotion does not seem to be present,and strategies are not yet developed. Once the compli-

ance check has taken place, reporting and follow-upare structured, and non-compliance responses seem tobe in place.

Still, the country profiles indicate an urgent need forstrategies in non-compliance response. Other needsinclude a code of conduct for inspectors, a condoningstrategy and a non-compliance response strategy. (SeeTable 7 on page 18.)


Ministry of Yes NA NA Yes Yes Yes Yes Yes: plusInterior and inspectoratePolice

Ministry of NA Yes Yes: Yes Yes Yes Yes Yes: withinWater within th ministry

the ministry

Ministry of Yes Yes Yes Yes Yes Yes Yes YesAgriculture

Forestry/Nature Yes NA Yes Yes Yes NA Yes YesDirectorate

Ministry of Yes Yes Yes Yes Yes Yes Yes Yes: plusHealth inspectorate

Ministry of Yes Yes Yes Yes No Yes Yes YesPublicWorks/Tourism/PhysicalPlanning

Ministry of Yes Yes Yes: Yes Yes Yes Yes Yes:Mining/Energy agency national

companies

Ministry of NA Yes Yes Yes Yes NA Yes Yes:Transport national

companies

Academy of Yes Yes NA No Yes NA Yes NAScience

Port authorities Yes NA NA Yes Yes NA Yes Yes

River Yes NA Yes: 4 No Yes NA Yes Yescatchment regionalbasins inspectors

Communities/ Yes NA Yes: on Yes Yes Yes Yes Yesmunicipalities waste and

water

Ministry of NA NA NA Yes Yes NA NA YesDefence

NGOs Yes Yes Yes Yes Yes NA Yes Yes:workinggroup

TABLE 3

With which organisations does the environmental agency/inspector or its regional oficescooporate?


OV E R V I E W

Enforcement In evaluating the function of inspectorates or an

inspection body, a system must be developed fromthe tools available in the organisation. Most organisa-tions make an annual plan, but enforcement strategieshave not yet been developed in all inspectorates. Thismay mean that annual planning is a routine type ofprocedure because the law requires compulsory

inspections. Due to the lack of human resources, thequality of inspections themselves may be impaired,hence the expressed need for training in enforcementpractices and law. Another indicator might be theexpressed need for training in human resource man-agement. (See Table 8 on page 18.)

Theoretically, the inspectors of all the countrieshave the tools to do their jobs. However, there seems


Integrated Yes Yes Yes: in the NA No NA No Yes: PHAREpermitting future project

Not at all NA NA NA Yes No NA Yes NA

Compulsory Yes NA Yes: NA No Yes No Yes advising inspectorate

Free NA NA NA Yes No NA Yes Yes

Permit writing Yes NA Yes: No No NA No Yes inspectorate deals with hazardous wastewater use

Approval of Yes Yes Yes: No No NA No Yes permits inspectorate

covers whole nation

Appeal Yes NA NA Yes No NA No Yes procedures against permits

Public hearing No NA Yes: Yes No NA Yes Yes on permits inspectorate

Court hearing No NA NA NA No NA Yes Yes on permit appeals

Number of 350 NA 800 waste; NA NA NA 190 42,656 permits per year 69 ground total;

resources; including2,500 13,651import/export environmentalof animals; agreements1,692 (32%) anddangerous 29,005substances environmentalimports; permits (68%)12 ozone depleting imports

TABLE 4

In what ways are inspectorates/agencies involved in the permitting process?

OV E R V I E W


to be a great need for training in technical aspects ofenforcement, in the implementation of laws and inthe management of human resources. These are allindicators of systems that need strengthening. (SeeTables 9 and 10 on page 19.)

Inspectors are not allowed to investigate account-ing or bookkeeping in relation to suspected falsereporting of waste handling, disposal costs, purchasesof fuels from suppliers who mix chemical waste withtheir products, illegal cross-border transportation ofwaste, etc.

Environmental InspectionOrganisations, Human Resources and Training

Table 11 on page 20 shows wide variation in thenumber of people involved in enforcement in SEE coun-tries. This depends not only on the size and industrialdevelopment of the country, but also on the emphasisplaced by policy-makers on domestic environmentalissues. Montenegro is very small and puts great empha-sis on the environment, but has just four inspectors whoconduct 231 inspections per year. Bulgaria has 400inspectors who conduct 14,600 inspections a year. Forboth countries, each inspector conducts about 50inspections annually. In Romania inspectors do an aver-age of 250 inspections annually, and the governmentgives some attention to their training. Other countrieshave no data on training, or report that no training is car-

ried out. One reason may be that, with employees hav-ing an average of more than 15 years’ experience, fur-ther training is deemed unnecessary.

The composition of personnel is known only in afew countries, which may indicate that managementdoes not place much emphasis on the quality ofworkers or the specific knowledge required for theirjobs. It is surprising that the inspectorates of mostcountries have no personnel with law degrees.

In most countries, inspectorate managementis notconcerned with cost-effectiveness; a symptom of cen-tralised governmental structures. This is understand-able in smaller countries, but shows limited opera-tional flexibility for the regional inspectorates of larg-er countries.

Human-resource management that concerns itselfwith required skills, training of managers, training inlaw and optimising inspection efficiency is in highdemand.

Environmental Inspectionin Practice

According to Table 12 on page 21, the activities ofmost inspectorates are complaint-driven; in some casesaccounting for more than 50 percent of their work,which means that less time is spent on programmaticinspections. About 1-1.5 percent of inspection visitslead to court cases, on par with rates in many countries.As a rule, all inspections should be documented with areport, and most of the SEE inspectorates indicate they


Inspectorates No NA NA No Yes NA NA NAare involved in the permitting process

Improve advising Yes NA Yes Yes Yes NA Yes Yescapabilities

Compulsory Yes NA NA Yes Yes NA Yes NAadvisingcapabilities

Rejection/ Yes NA NA No Yes NA NA NAacceptance ofpermit applications

More staff for Yes NA Yes Yes Yes NA Yes Yespermit checks

TABLE 5

What are the needs of the inspectorates/agencies in the permitting process?

OV E R V I E W


adhere to this guideline. On the negative side, inspec-torates win just over half of the cases that wind up incourt, which is quite low. This requires careful analysisby management, as it may mean that laws are not clearenough, permit conditions are not enforceable, or thequality of the inspectors’ work is not up to legal stan-dards. This could also mean that judges are poorlytrained or that the judiciary is politically influenced.This problem should be taken seriously, as inspec-torates put in significant effort to present cases in court

and achieve only meagre results for their work.The disparity in average number of days per year

on inspections also bears scrutiny. A figure of 150days, including preparation and follow-up, seems tobe a reasonable goal to strive for. Inspectors alsoattend meetings, attend to internal communication,undergo training and approve permits.

According to Table 13 on page 21, inspection indi-cators are urgently needed as is training in the rele-vant laws.


Planned NA Yes No No No NA Yes Nocompliancepromotionactivities

Ad hoc No NA No No Yes NA Yes Yespromotionactivities

Annual No NA Yes Yes Yes NA Yes Yescompulsorycompliancechecking

Ad hoc Yes NA NA Yes Yes NA Yes Yescompliancechecking

Only No NA Yes, No No NA Yes Nocomplaint but notdriven limited to compliance thischecking

Compulsory Yes NA Yes Yes NA NA Yes Yesfollow-upactions

Reporting Yes NA Yes Yes Yes NA Yes Yesobligations

Non- Yes NA Yes Yes Yes NA Yes Nocomplianceresponse

Condoning No NA NA No No NA NA Nostrategy

Does Yes Yes Yes: (noise) Yes Yes No No Yes: (noise)compliance by regional Regional Healthchecking health Inspectorate,cover all inspectorates (radioactivity)environmental Ministry offields? Water/

Environment

TABLE 6

Activities of inspectorates/agencies in compliance promotion and compliance checking



Planning for Yes Yes NA Yes Yes NA Yes Yescompliancechecking

Communication Yes Yes NA Yes Yes NA Yes NAskills forcooporation withotherauthorities

Compliance Yes Yes Yes No Yes NA Yes NApromotionstrategies

Code of conduct Yes NA Yes NA Yes NA Yes NAfor compliancechecking/promotion

Condoning Yes NA Yes No Yes NA NA NAstrategy

Non-compliance Yes Yes NA Yes Yes NA Yes NAresponse strategy

TABLE 7


Annual NA Not Yes Yes No Yes Yes Yesplanning of yetenforcementactions

Enforcement No Not No Yes No NA Yes Yesstrategies/ yetcondoning

Setting of Yes Not Yes Yes No NA Yes Yespenalties yet

Ability to initiate Yes Not Yes Yes Yes Yes Yes Yeslegal action yet

Ability to No NA No Yes Yes NA Yes Noprosecute

Ability to appeal Yes NA Yes No Yes NA Yes Yescourt decisions

Liability No NA Yes Yes No NA Yes Yesprotectionfrom the state

TABLE 8

Needs assessment for compliance checking and promotion

What is available to the inspectorate/agency in enforcement?

OV E R V I E W


Data Storage and RetrievalInspectors need not only in-depth knowledge of the

laws that they enforce, but also all available data onthe facilities they inspect. Data storage and retrievalsystems are essential to any inspectorate. Paperarchives nowadays are being partly replaced by elec-tronic archiving, which enables fast recovery of dataand easy recording. Reporting on inspectorate perfor-mance and the development of annual inspectionplans are impossible without such systems.

These days, electronic internal communication and

exchange of information are a musts for any opera-tional inspectorate.

The situation is quite disturbing in SEE countries,except in BERCEN observer countries Bulgaria andRomania, where modern equipment, including softwareand hardware, is available and used. SEE countries haveonly paper archives and, therefore, data retrieval is slow.Data on industries, national inventories of chemicals andinformation about permits are either non-existent or diffi-cult to acquire. By the same token, public access to suchinformation is very limited. (See Table 14 on page 22.)

OV E R V I E W


Technical Yes Yes Yes Yes Yes NA Yes Yestraining inenforcement practices

Legal training Yes Yes Yes Yes Yes NA Yes Yes

Human resources Yes Yes Yes Yes Yes NA Yes Yesmanagement

Planning Yes Yes Yes Yes Yes NA Yes Yes

TABLE 10

What do inspectorates/agencies need for more effective law enforcement?


Conduct site visits Yes Yes Yes Yes Yes Yes Yes Yesunannounced

Order immediate Yes NA Yes Yes Yes Yes Yes Yesclosures of factoriesor parts of same

Issue penalties Yes Yes Yes NA Yes NA Yes Yesand collect fines

Call for police Yes NA Yes Yes Yes NA Yes Yesassistance

Check accounting No NA No Yes Yes NA No Noand bookkeeping

File administrative Yes NA Yes Yes Yes NA Yes Yescharges

File criminal Yes NA No No Yes Yes Yes Nocharges

TABLE 9

What can inspectors do to enforce laws?


The needs are obvious, as indicated by Table 15 onpage 22. Although Bulgaria and Romania have someelectronic data-gathering capability, further upgradesare a must. Functional data systems are of major impor-tance to programmes for capacity and capabilitystrengthening in SEE countries.

Monitoring and SamplingThe state of the environment is monitored by most

inspectorates in SEE countries. Some scrutiny of theserecords occurs because data storage and retrieval sys-tems cannot provide sufficient back-up on reporting.(See Table 16 on page 23.)

Industry self-monitoring to ensure permit compli-ance takes place in a number of countries, includingAlbania, Romania and Bulgaria. Sampling by inspec-torates takes place in most countries. These countrieshave small regional laboratories and larger nationallaboratories with properly defined methods of sam-pling and analyses prescription.

The needs as indicated by the country profiles arefor training in sampling techniques, quality assuranceand the use of small monitoring equipment. The lastitem is of importance for rapid responses to emergencysituations. (See Table 17 on page 23.)

Compliance AssessmentThe subject of compliance assessment has not been

developed in the SEE (nor has it, indeed, in many otherregions around the world). Some compliance estimatesare made based on inspection results and self-monitor-ing data from industies. Data from independent mea-surements by inspectorates are difficult to collect. Inmany countries, assessments are made through inspec-torate investigations that focus on countrywide, randomchecks on air, water, soil and other environmental ele-ments. The collected data is then extrapolated to pro-duce a countrywide picture. (See Table 18 on page 23.)

Complaint recording may also give some indicationof compliance levels, but the reliability of such record-


Number of 42 NA 400 - 33 8 39 4 1,883 at 42inspectors county

inspectorates(400 deal withenforcement)

Number of 1,000 NA 14,600 2,850 1,000 4,560 231 150,000 inspection (100,000visits/year enforcement

50,000 Permit)

Percentage of 20 NA NA NA No 12.5 0 NA biologists

Percentage of 20 NA NA NA 60 5 0 NA chemists

Percentage of 4 NA NA 0 20 2.5 0 Lowlawyers

Average 15 NA NA NA 5-6 18 20 NAexperience (yrs)

Management 2 NA NA No 1-2 NA 0 3-4 days pertraining inspector per(weeks per year) year

Staff training 3 NA NA 1 1 1 0 3 (weeks per year)

Budget No NA NA No Yes NA 0 NAmanagement

TABLE 11

What is available to inspecorates/agencies in the areas of training and human resource management?

OV E R V I E W


ing is highly dependent on local conditions.The need for an assessment tool is clearly indicated

by most SEE countries. (See Table 19 on page 24.)

Enforcement Performance, Actions and Reporting

It is difficult to measure how well inspectoratesenforce laws. This may be gauged by the number offines issued or the amount of fines collected per year.The state of the environment is another indicator of aninspectorate’s effectiveness, but this requires long-termevaluation. To date, no single gauge has proved suffi-ciently reliable, hence the mixture of indicators listedbelow. Peer reviews might also help in the evaluation

of an inspectorate’s enforcement ability. (See Tables 20and 21 on page 24.)

OV E R V I E W

Albania BiH Bulgaria Croatia FYR Republic of Republic of Romania Macedonia Serbia Montenegro

Court cases per visit 0% NA NA 1.5% 4% 2 0.87% 1.3%

Reports per visit 100% NA NA 100% 80% 10 100% 100%

Complaint-driven 50% NA NA 40% 80-90% NA 16.45% 1-2%visits/total

Percentage of court 0% NA NA 55% 5% NA NA 40%cases won

Average number 200 NA NA 120 NA 140 250 Approx.of inspection 200days per year

TABLE 12

What are the main activities of inspectorates/agencies?


Development of Yes NA Yes Yes Yes NA Yes Yesindicators

Training in report Yes NA NA No No NA Yes NAwriting

Training in laws Yes NA Yes Yes Yes NA Yes Yes

Training in site Yes Yes Yes Yes Yes NA Yes Yesvisits

Development of Yes NA NA Yes Yes NA Yes Yesinvestigating skills

TABLE 13

What do inspectorates/agencies need to operate more successfully?



Software for Yes Yes Yes Yes No Yes Yes Yesdatabases

Training in use of Yes Yes Yes Yes Yes Yes Yes Yesdatabases

Computer Yes Yes Yes Yes Yes Yes Yes Yeshardware

Industrial Yes Yes Yes Yes Yes Yes Yes NAactivitiesinventory

TABLE 15

Needs assessment for data storage and retrieval

OV E R V I E W


Paper archives only Yes Yes NA NA No NA Yes Olddatabase

Paper archives NA NA Yes Yes Yes Yes No Yesand electronicstorage

Intranet NA NA Some No Yes NA NA NA

Database on NA NA Yes No No Yes Yes Yeswaste

Databases on NA NA No No No NA Yes Yeschemical

Databases on NA NA Yes No No NA Yes Yesindustries

Databases on NA NA Yes No No NA Yes Yespermits

Public access NA NA Yes No No NA Yes Yesto data

TABLE 14

What are the main data storage and retrieval systems available to the inspectorate/agency?


OV E R V I E W


State of the Yes NA Yes Yes Yes NA Yes Yesenvironment

Self-monitoring Yes NA Yes Yes Yes NA Yes Yesby permit holders

Self-sampling by NA NA Yes No Yes NA Yes Yespermit holders

Sampling NA NA Yes No Yes NA No Yesprocedures

TABLE 16


Training in Yes Yes Yes No No NA Yes Yessamplingtechniques

Quality assurance Yes Yes Yes No No NA Yes Yes

Use of small Yes Yes NA No Yes Yes Yes NAmonitoring

TABLE 17

What is monitored and recorded by inspectorates/agencies?

Needs assessment for monitoring and sampling


By permitting Yes Yes Yes Yes No Yes Yes NAauthorities

Self-monitoring by Yes: not NA Yes Yes No Yes NA Yesby industry really

enforced

Inspectorate NA NA NA Yes No Yes Yes Yesinvestigations

Evaluation of Yes: NA Yes Yes No Yes Yes Yescomplaints some

Investigations Yes: NA NA No No NA Yes Yesof different someenvironmentalelements

TABLE 18

How is compliance assessment measured?



Number of 10 NA 1,800 161 NA NA 44 Yesfines per year

Amount of fines 7,000 NA 1,700,0000 150,000 NA NA 0 Yescollected (EUR)

Number of court 0 NA 120 240 2-3 per NA NA Yescases won year

Improvement of NA NA NA Yes NA NA Yes Yesthe state of theenvironment

Annual performance NA NA Yes Yes NA Yes Yes Yesreports

Peer reviews NA NA NA Yes NA NA NA Yes

TABLE 20


Annual report Yes Yes NA Not yet No NA Yes Yeswriting

Credibility testing Yes NA Yes Not yet No NA Yes Yesor peer reviews

TABLE 21

What are the major enforcement tools of the inspectorates/agencies, and to what extent are they applied?

Needs assessment for enforcement indicators and reporting capabilities

OV E R V I E W


Strategy for Yes Yes Yes No Yes NA NA NAcompliancealliance

Compliance Yes Yes Yes No Yes NA NA YesIndicators

TABLE 19

Compliance assessment needs


A N N E X : C O M P I L E D C H E C K L I S T S F R O M C O U N T R Y P R O F I L E S

Chapter 1

Annex: Compiled Checklists from Country Profiles


Single minstry Yes No Ministry of Yes No No Environmentdedicated Environment and water in exclusively and Water one ministryto the environment (MAPM)

Environmental No Yes: Yes Yes: Yes: plusMinistry combined plus plus Ministrywith other related physical Ministry of Physical ministries planning of Health Planning

ESC

Single Yes No: Yes No Yes No Not yet 42 countyenvironmental future established environmentalinspectorate/ EPA protectionagency or under inspectorates,regional ESC Bucharestenvironmental municipalityinspectorates MAPM

Environmental NA No No No No No Noagency combinedwith other relatedagencies

Environmental No No Yes Yesresearch institute

QUESTION 1:

Existence of various administrative bodies

LEGEND: NA = Not Available/Not ApplicableBlanks = not known/already covered in previous answers




Policy Yes Yes Yes Yes Yes Yes Yes

Strategy Yes Yes Yes Yes Yes Yes Yes

Standards Yes Yes Yes Yes No Yes Yes

Guidelines Yes Yes No Yes Yes

Permits for all Yes No Yes Yes Yes Yes Yesindustries

Big industries Yes Yes Yes

Small industries Yes No Yes

No industries Yes Yes Yes

Compliance Yes Yes Yes Yes Yeschecking

Enforcement Yes Yes Yes Yes Yes Yes Yes

QUESTION 2:


Integrated Yes Not yet Yes Not yetpermitting

Sectoral No Yes Yesprotection

Development of Yes Yesstandards

Guidelines Yes Yes Yes

Permitting of all Yes Yes Yesindustries

Permitting only big Yes Yesindustries

Small industries Yes Yes

No permitting Yes Yesof industries

Compliance Yes Yeschecking

Enforcement Yes Yes Yes

QUESTION 3:

With what is the Ministry of Environment involved?

What tasks are undertaken by environmental protection agencies/inspectors?




Ministry of 2001 2001 2001 2000 2000 2001- 2001 2001Environment 2002

Environmental NA 1999agency

Environmental 1998 2000 2001inspectorate/agency

Responsibilities of 1996 1994 1996 2000the inspectors

Laws on air Draft 2001 1995 1997 2001 1993,pollution 1995,

2000 -2001

Laws on water Draft 1999 1995 1993 1997 1996

Laws on waste Draft 2000 1995 1996 2000 2001

Laws on noise 1999 1990 1992 1995 1995,1997

Laws on urban 1998 2001 2000 1997 2000 1991,planning 2000

Laws on soil 2000 2000 1994 1997 1995

Laws on energy 1995 2000 2001 NA

QUESTION 4:


Basic environmental 1 year 6-8 NA New law 1-2 years NAlaw months in 2002

Specific 2 years GMO NA 1-2 years NAenvironmental laws 2002

Regulations within 2 years NA 6-12 months NAthe framework

Standards 2 years EU NA 6-12 months EUaccession accessionexpected expectedin 2007 in 2007

QUESTION 5:

When did the following administrative bodies last review their framework laws andregulations?

How much time will it take to change or develop the following laws and regulations?



Country Albania BiH Bulgaria Croatia FYR Republic Republic of Romania Macedonia of Serbia Montenegro

Basic Yes Yes Yes Yes Noenvironmental law

Specific sectoral Yes Yes: 4 Yes Yeslaws river-basin

directives

Standards Yes Yes Yes Yes: undergroundwater

Reorganising Yes Yes No Yes

QUESTION 6:

When did the following administrative bodies last review their framework laws andregulations?



Chapter 2


Ministry of Interior Yes Yes Yes Yes Yes: plusand Police inspectorate

Ministry of Water Yes Yes: within Yes Yes Yes Yes Yes: withinMinistry Ministry

Ministry of Yes Yes Yes Yes Yes Yes Yes YesAgriculture

Directorate of Yes Yes Yes Yes YesFisheries

Directorate of Yes Yes Yes Yes Yes Yes YesForests/Nature

Ministry of Health Yes Yes Yes Yes Yes Yes Yes Yes:inspectorate

Ministries of Public Yes Yes Yes Yes Yes Yes YesWorks/Tourism/Physical Planning

Ministries of Yes Yes Yes: agency Yes Yes Yes Yes: nationalMining/Energy companies

Academy of Yes Yes No YesScience

Port authorities Yes No Yes Yes Yes

River catchment Yes Yes: for No Yes Yesbasins regional

inspectorates

Communities/ Yes Yes: on No Yes Yes Yesmunicipality waste and

water

Ministry of Defence Yes NA Yes

NGOs Yes Yes Yes Yes Yes Yes: workinggroup

QUESTION 7:

With which other bodies do environmental ministries/agencies/inspectorates or their regional offices cooperate?




National inspectorate for Yes Yesan integrated approach toenforcement

Integrated inspectorates Yes Yes Yescovering all aspects ofenvironmental healthand protection

National and regional Yes Yes Yescoordination bodies for enforcement

National investigation Yes Yesbodies for environmental crime

A national institute for Yes Yes Yesenvironmental researchwhich serves inspectorates/agencies

QUESTION 8:

Do needs exist for the following?



Chapter 3


Integrated Yes Yes Yes No Yes: PHARE permitting project

Compulsary Yes Yes: Yes No Yesadvising inspectorates

Free advising Yes Yes Yes

Permit writing Yes Yes: No No Yesinspectoratecovers waste-water use

Approval of permits Yes Yes Yes: No No Yesinspectorate

Appeal procedures Yes Yes No Yesagainst permits

Public hearings on No Yes: Yes Yes Yespermits inspectorate

Court hearings on No Yes Yespermit appeals

Issuance of permits 350 800 waste; 190 42,656 total;(if so, how many 69 mineral 13,651per year) resources; environmental

2,500 imported/ agreementsexported animals; (32%);1,692 dangerous 29,005substance environmentalimports; permits (68%)12 imports ofozone depletingsubstances

Not at all Yes Yes

QUESTION 9:

In what ways are inspectorates/agencies involved in the permitting process?



Chapter 4


No involvement at all No Noin the permitting process

To improve advising Yes Yes Yes Yes Yescapability and capacity

To improve compulsory Yes Yes Yesadvising capability

Improving review process Yes Nofor permit applications

More staff to check Yes Yes Yes Yes Yescompliance with permits

QUESTION 10:


Planned compliance NA Yes No No Yes Nopromotion activities

Ad hoc promotion No No No Yes Yesactivities

Annual compulsory No Yes Yes Yes Yescompliancechecking

Ad hoc compliance Yes Yes Yes Yeschecking

Only complaint- No No No Yes Nodriven compliancechecking

Compulsory Yes Yes Yes Yes Yesfollow-up actions

Reporting obligation Yes Yes Yes Yes Yes

Non-compliance Yes Yes Yes Yes Noresponse

Condoning strategy No No No

Compliance checking Yes Yes Yes: noise Yes No No Yes: noise byfor all environmental by regional regional healthfields health inspectorates;

inspectorates radioactivity by Ministry ofWater and Environment

QUESTION 11:

What are the needs of the inspectorate/agencies in relation to the permitting process?

What is available to inspectorates/agencies in compliance promotion and compliance checking?



Chapter 5


Planning procedures Yes Yes Yes Yes Yes

Communication skills for Yes Yes Yes Yescooporation with otherauthorities

Compliance promotion Yes Yes Yesstrategies

Code of conduct for Yes Yes Yescompliance checking/promotion

Condoning strategy Yes Yes No

Non-compliance Yes Yes Yes Yesresponse strategy

QUESTION 12:


Annual planning of NA Not yet Yes Yes Yes Yes Yesenforcement actions

Enforcement strategies/ No Not No Yes Yes Yescondoning

Can impose penalties Yes Not Yes Yes Yes Yesand collect fines

Court actions Yes Not yet Yes Yes Yes Yes Yes

Power of prosecution No No Yes Yes No

Right to appeal court Yes Yes No Yes Yesdecisions

Protection from liability No Yes Yes Yes Yesthe state

QUESTION 13:

What are the needs regarding compliance checking and promotion?

What is available to inspectorates/agencies in enforcement?




Right to make site Yes Yes Yes Yes Yes Yes Yesinspections unannounced

Can summarily close Yes Yes Yes Yes Yes Yesfactories/parts of factories

Can impose penalties Yes Yes Yes Yes Yesand collect fines

Can call for police Yes Yes Yes Yes Yesassistance

Can check accounting No No Yes No Noand bookkeeping

Can file administrative Yes Yes Yes Yes Yescharges

QUESTION 14:


Technical training in Yes Yes Yes Yes Yes Yesenforcement practices

Training in relevant Yes Yes Yes Yes Yes Yeslegislation

Human-resources Yes Yes Yes Yes Yes Yesmanagement

QUESTION 15:

What are the powers of inspectorates/agencies in enforcement?

What are the needs of inspectorates/agencies for executive powers?



Chapter 6


Inspectors 42 400 33 39 4 1,883 for 42(of 677 countytotal inspectorates;personnel) 400 for

enforcement

Inspections 1,000 14,600 2,850 950 4,560 231 About(per year) 150,000 total

(or 100,000 forenforcement) and 50,000 forpermit compliance checks

Biologists 20 NA 12.5 0 Not yet(staff %)

Technical personnel 20 NA 45 75 Not yet(staff %)

Chemistry experts 20 NA 5 0 Not yet(staff %)

Lawyers 4 NA 0 2.5 0 Very Low(staff %)

Experience (years 15 NA 18 20 NAper staff member)

Training of 2 NA No 0 3-4 days permanagement inspector(weeks per year)

Training of staff 3 NA 1 1 0 3(weeks per year)

Budget management No NA No 0 NA

QUESTION 16:

What are the executive powers of inspectorates/enforcement agencies?



Chapter 7


Court cases/visits 0% NA 1.5% 2% 0.87% 1.3%

Written reports/visits 100% NA 100% 10% 100% 100%

Portion of visits 50% NA 40% 16.45% 1-2%initiated by complaints

Percentage of court 0% NA 55% NA NA 40%cases won

Inspection days per 200 NA 120 140 250 Approx. year (per inspector) 200

QUESTION 17:


Development Yes Yes Yes Yes Yesof indicators

Training in writing Yes No Yesreports

Training in relevant Yes Yes Yes Yes Yeslegislation

Training in site visits Yes Yes Yes Yes Yes Yes

Development of Yes Yes Yes Yesinvestigative skills

QUESTION 18:

How efficient are the inspecorates/agencies?

What would inspectorates/agencies need to improve staff performance?



Chapter 8


Paper archives Yes Yes Yes Yes Yes Olddatabases only

Electronic storage NA NA Yes: plus Yes Yes No Yespaperarchives

Intranet NA Some No NA NA NA

Specific databases NA Being No Yes Yes Yeson waste developed

On chemicals NA No No Yes Yes

On Industries NA Yes No Yes Yes

On permits NA Yes No Yes Yes

Public access to data NA Yes No Yes Yes

QUESTION 19:


Database software Yes Yes Yes Yes Yes Yes Yes

Training in use of Yes Yes Yes Yes Yes Yes Yesdatabases

Computer hardware Yes Yes Yes Yes Yes Yes Yes

Industrial activities Yes Yes Yes Yes Yes Yesinventory

QUESTION 20:

Which data-storage-, retrieval- and archive systems are available?

What are the needs concerning data storage and retrieval?



Chapter 9


State of the Yes Yes Yes Yes Yesenvironment

Industry self-monitoring Yes Yes Yes Yes Yesdata on permit compliance

Industry self-sampling NA Yes No Yes Yesdata

Sampling procedures NA Yes No No Yes

QUESTION 21:


Training in sampling Yes Yes Yes No Yes Yestechniques

Quality assurance Yes Yes Yes No Yes Yes

Use of small Yes Yes No Yes Yesmonitoring equipment

QUESTION 22:

What are the needs concerning data storage and retrieval?

What are the needs regarding monitoring and sampling?



Chapter 10


By consulting permit Yes Yes Yes Yes Yes Yesauthorities

From self-monitoring Yes: not Yes Yes Yes Yesdata by industry really

enforced

Self-regulation NA Yes Yes Yes Yes

Complaint evaluations Yes: Yes Yes Yes Yes Yessome

Theme investigations Yes: No Yes Yessome

QUESTION 23:

Country Albania BiH Bulgaria Croatia FYR Republic Republic of Romania Macedonia of Serbia Montenegro

Strategy on Yes Yes Yes Nocompliance assessment

Compliance Yes Yes Yes No Yes

QUESTION 24:

How is compliance assessment measured?

What are the needs in compliance assessment?



Chapter 11


Number of fines/year 10 1,800 161 44 Yes

Amount of fines 7,000 1,700,000 150,000 0 Yescollected (EUR)

Number of court 0 120 240 NA NA Yescases won

Environmental NA Yes Yes YesImprovement

Annual reports showing NA Yes Yes Yesperformance

Peer reviews NA Yes Yes

QUESTION 25:


Annual report writing Yes Yes Not yet Yes Yes

Credibility-testing Yes Yes Not yet Yes Yespeer reviews

QUESTION 26:

What are the major performance gauges for inspectorates/agencies?

What are the needs for enforcement indicators and reporting capabilities?

Country Profiles

Albania �

Bosnia and Herzegovina �

Bulgaria �

Croatia �

FYR Macedonia �

Romania �

Serbia and Montenegro �


Prepared byArben Pustina

February 2002


Country Profile: Albania

S E R B I A A N DM O N T E N E G R O

A L B A N I A

Tirana

DurresAdriatic

Sea

F Y RM A C E D O N I A

G R E E C EITALY

Lezhe

Shkoder

0 50 100

kilometres

CROATIA

C O U N T RY P R O F I L E : A L B A N I A

44 E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U R O P E

Introduction 45

Administration 45

Institutions Connected to the Environmental Protection Agency 46

Environmental Permitting System 49

Compliance Control and Promotion 50

Compliance Enforcement 51

Environmental Protection Inspectorate Organisation,Human Resources and Training 52


Data Storage and Retrieval Systems 53

Monitoring and Sampling, Access to Information 53


Results 54

Annex: Structure of the Ministry of Environment 56

Table of Contents

IntroductionThis report analyses the enforcement of national

environmental law in Albania; namely, the obstacles toeffective enforcement and any opportunities forimprovement. The authority and responsibilities of theMinistry of Environment (MoE) and other governmentalinstitutions concerned with the environment will be dis-cussed. The legal framework and its implementation bythe Environmental Protection Inspectorate (EPI) will bedescribed along with the permitting system. Afterwards,the report looks at the MoE’s compliance control proce-dures and enforcement tools. We will also examine theEPI’s organisational structure and resources, and theobstacles it faces in using its enforcement tools. Thechapter then discusses measures taken to overcomethese obstacles.

The second part of the report looks at how the EPIworks in practice: how many inspectors it has and howfrequently they make site visits, how many court casesthe Inspectorate pursues, its financial needs and bud-geting process, etc. This part also examines the MoE’sdata storage and retrieval system as it relates to enforce-ment and implementation of environmental laws, regu-lations and policies. It also identifies system bottlenecksand any decongestive measures. A description of themonitoring systems and inspection powers available tothe public is also included. The report tries to balanceany discussion of Environmental Protection Agency(EPA) and enforcement-system shortcomings with pos-itive examples and innovations.

AdministrationAlbania’s MoE was established in September 2001

with a structure and mission similar to the now defunctNational Environmental Agency (NEA). The MoE oper-ates on the basis of the Law on EnvironmentalProtection, including amendments made in 1998: thesame law established the Committee for EnvironmentalProtection (CEP) in 1993 and the NEA in 1998.

The legal framework for the establishment and oper-ation of the EPI is as follows:

• the Law on Environmental Protection, No. 7664,dated January 21, 1993;

• a set of amendments to the Law on EnvironmentalProtection, No. 8364, July 2, 1998;

• the Decision of the Council of Ministers on restruc-turing the Committee for Environmental Protection,No. 421, dated August 17, 1993.

The Decision of the Council of Ministers on theEstablishment of Regional Environmental Agencies atthe district level, No. 599, dated December 20, 1993,sanctioned and further developed the newly estab-lished EPI by extending its activity to all parts of thecountry and delegating some of its authority to localjurisdictions.

According to these laws and regulations, the EPIoperates as part of the MoE. It consists of the chiefinspector and national inspectors, as well as otherinspectors of regional environmental agencies.

This means that the EPI is not a separate body of theMoE. This body has been, since the establishment of thenational environmental management system, an inte-gral part of the MoE and its predecessor institutions, theCEP and NEA.

The MoE’s structure (which appears in the annex)was approved in October 2001 by the Prime Minister. InJanuary 2001, the NEA started an institutional reformprocess, also approved by the Prime Minister. In thiscontext, the ministry’s structure was based on that of theNEA, which was approved in February 2001 during thefirst phase of its institutional reform.

Thus, the EPI’s tasks had to be carried out by a team ofinspectors, who were members of the ministry’s technicaldirectorates and Regional Environmental Agencies (REAs).

Until January 2001, REAs were run by the NEA’sDirectorate of Services, Administration and HumanResources. In the new structure, a new directorate wasestablished: the Directorate of Environmental ImpactAssessment and Information. One of the most importantcharges of this directorate is the EPI.

The Directorate deals specifically with:

• day-to-day EPI management;

• identification of top-priority environmental problemsto be considered by inspectors;

• preparation of drafts of environmental permits;

Country Profile: Albania



• organisation and coordination with other direc-torates concerning site visits for inspections;

• assistance with REA tasks;

• verification of compliance with REAs;

• assessment of inspectorate performance;

• planning of inspections and controls regarding pol-lution sources;

• elaboration of guidelines to facilitate the environ-mental permitting system; and

• serving as secretariat of the Environmental PermittingCommission.

Since the CEP once belonged to the Ministry ofHealth and Environment, some regulations regardingthe tasks, competencies and rights of environmentalinspectors have not been updated or changed.

Based on the Regulation on Competencies ofInspectors for Environmental Protection, No. 4341,dated December 4, 1996, issued by the Minister ofHealth and Environment, the inspectors for environ-mental protection served the MoE nationwide, andREAs within their district jurisdictions. They are nomi-nated by the Minister to perform the following:

• investigate compliance with environmental laws andregulations;

• cooperate with other state authorities, such as theSanitation Inspectorate, Forestry Inspectorate andState Police;

• regularly monitor activities affecting the environment;

• inform local authorities and the central governmentabout environmental concerns;

• take notes, keep records, issue orders and proposedifferent measures for improvements, clean-ups orremedial responses to environmental pollution ordamages; and

• impose administrative sanctions on violators of lawsand/or permit conditions.

According to 1998 amendments to the Law onEnvironmental Protection, the chief inspector for envi-ronmental protection and the NEA president are mem-bers of the Council for National Territorial Adjustment.REA inspectors in all districts are members of their ownlocal councils for territorial adjustment.

According to regulation No.5 of the CEP chairman,dated January 9, 1997, REAs must plan and carry outinspections of various activities within their jurisdic-tions, and enforce all applicable laws and regulations.

The Minister of Environment defines the duties,rights and authority of the EPI.

The MoE grants environmental permits for industrial

activities. Plants and facilities are prohibited by lawfrom operating or carrying out activities without anenvironmental permit. In this regard some progress hasbeen made in recent years. The number of industrialfacilities or plants operating without required permitshas decreased over the last year. The process is inte-grated so that just one permit is needed to set the con-ditions for protection of air, water, soil and, in somecases, biodiversity.

The MoE is responsible for formulating and enforcingpolicy and legislation. The MoE plays an important rolein assisting and cooperating with other ministries andlocal governments to produce environmental-sectorpolicies.

The MoE carries out its enforcement functionthrough the EPI in all parts of the country.

The basic Law on Environmental Protection was lastamended in 1998. Separate laws were passed on noisein 1988, energy in 1995, soil management in 2000, urbanplanning in 1998, and inspector competency in 1996.

Draft laws on air, water, waste, protected areas andbiodiversity are in the consultation process and awaitapproval.

Albania has committed itself to work conscientiouslyon the legal framework for water, air and waste man-agement. The passage of a law is a long process, and isnot enirely in the hands of the MoE. In Albania, it takestwo years on average for a law to go from formulationto adoption. Adoption of all the regulations stemmingfrom a law takes even longer.

Institutions Connected to theEnvironmental Protection Agency

Twelve inspectors work at the MoE on a nationallevel and belong to the ministry’s technical directorates.They cooperate closely with REAs and the Directorateof Environmental Impact Assessment and Informationto manage and carry out inspection tasks.

Twelve REAs, with a total of 30 inspectors, have beenestablished at the prefecture level. Their main functions are:

• overseeing enforcement of environmental laws;

• following preparatory procedures for environmentalpermits; and

• collecting and maintaining environmental informa-tion at district and regional levels.

The REA network consists of the following prefecturesand jurisdictions:

• Tirana (Tirana, Kavaja districts);

• Durres (Durres, Kruje districts);

• Shkoder (Shkoder, Malesi e Madhe, Puka districts);



• Lezha (Lezha, Kurbini districts);

• Kukesi (Kukesi, Tropoja districts);

• Dibra (Dibra, Mati districts);

• Elbasani (Elbasani, Peqini, Librazhdi, Gramshi dis-tricts);

• Korca (Korca, Pogradeci, Kolonja districts);

• Fieri (Fieri, Lushnja, Mallakastra districts);

• Berati (Berati, Skrapari, Kucova districts);

• Vlora (Vlora, Saranda, Delvina districts); and

• Gjirokastra (Gjirokastra, Permeti, Tepelena districts).

To assure an integrated approach of controls andinspections, the laws and regulations mentioned aboverequire that the EPI should coordinate its work withother inspectorates and law enforcement agencies.

The MoE and EPI operate in conjunction with sever-al other ministries and institutions, and they handle par-ticular aspects or sectors of environmental manage-ment. The main ministries and institutions are brieflydescribed below.

Ministry of Agriculture and FoodIn accordance with a law dated July 19, 1991

(amended by law No. 7715, dated June 2, 1993), theMinistry of Agriculture and Food (MAF) is in charge ofmonitoring compliance with rules concerning the col-lection and deposit of waste containing chemicalsharmful to farmland, vegetation or water. The MAF hasthe right to impose fines.

The General Directorate of Fisheries (GDF) looksafter the fisheries of marine, coastal and fresh-waterhabitats. The GDF develops programmes and regula-tions for better management and sustainable use of fish-eries. The Fishery Inspectorate has been recently estab-lished for this purpose.

The General Directorate of Forestry and Pastures(GDFP) is responsible for general policy concerning thetechnical and administrative aspects of managingforests (exploitation, deforestation, reforestation),national parks, protected areas and hunting grounds, inaccordance with Law No. 4407 of June 25, 1968 (modi-fied by Law No. 6727 of January, 29 1983), Law No. 7623of October 13, 1992 redefined its functions.

As part of its protection efforts, the GDFP adminis-trates a dedicated law enforcement branch and forestranger service. The GDFP is also charged with theadministration of pastures and grazing land.

In accordance with Law No. 8405, datedSeptember 17, 1998, REAs control the release of con-struction permits, but do so jointly with the GDFP inareas classified as forests, parks or otherwise envi-ronmentally important.

The GDFP and its district branches are also in chargeof issuing hunting permits. The GDFP defines whichspecies can be hunted, sets bag limits and establishesthe duration of hunting seasons.

An important part of institutional reform within theGDFP was the recent establishment of the ProtectedAreas Directorate and Community Forest and PasturesDirectorate.

Ministry of HealthThe State Sanitation Inspectorate was established by

Law No. 7643, dated December 2, 1992, and vested withwide-ranging powers on the protection of human health,including the enforcement of laws and regulations onhygiene and sanitation. The inspectorate monitors theapplication of hygienic and health standards for the work-place, as well as those applying to citizens. It enforcesstandards for drinking water and food and can intervenein the case of violations at commercial operations.

The inspectorate can cease production, transport,storage or sale of food products and beverages if theyconstitute a danger to public health. It may prohibit theconsumption of drinking water when limits for chemi-cal pollutants or bacteria are exceeded.

Controls are carried out by inspectors at the Ministryof Health and at the district level, and they are empow-ered to impose fines on violators.

The Directorates of Public Health, administrativelyattached to local authorities, carry out controls andmonitoring at the local level. The directorates handlethe following matters under the supervision and guid-ance of the Institute of Public Health (IPH):

• controls on levels of toxic substances in the air (par-ticularly in urban areas), and in water (including sur-face water);

• management of drinking water and water-supplysystems;

• control of sewerage systems;

• control of construction sites and public works pro-jects; and

• oversight of application of public health regulations,including work safety regulations in all sectors.

The IPH and Directorates of Public Health monitorenvironmental pollution caused by radioactive sub-stances and take measures to protect workers handlingsuch material, including emergency care in industrialexposure cases and establishment of benefits to peoplesuffering from chronic diseases caused by radiation.

Both authorities are required to monitor toxic emissionsinto the air, water and soil upon request of the MoE.



Ministry of Public Works and TourismThe Ministry of Public Works and Tourism oversees

the construction permitting system, although permitsfor specific projects are issued by local and nationalland planning commissions. The Law on UrbanDevelopment, approved in 1998, requires that an envi-ronmental impact assessment (EIA) is carried out beforeany decision is taken on a land-use proposal.

A construction police force was established by LawNo. 7752, dated March 28, 1993, to ensure compliancewith conditions set out in construction permits. Inrecent years, the construction police have been chargedwith the dismantling of illegal structures in protectedurban and natural areas and to regulate the extraction ofinert materials in river beds. This is an importantresponsibility in the field of environmental protectionand inspection.

Academy of SciencesThe MoE and the Academy of Sciences are closely

linked.The Academy of Sciences is in charge of conducting

environmental studies. A number of research institutesoperate within this structure — the main ones related toenvironment being the Institute of Hydro-Meteorology,the Institute of Biological Research and the Centre ofGeographical Research.

These institutes play an important role within theenvironmental programme (monitoring air and waterquality, taking inventories of biodiversity, etc). Theyalso keep records of partial cadastres, maps, databasesand analyses.

Research Institute of Chemical Technology

This institute carries out studies concerning fluiddischarges existing in urban areas or caused by ind-ustrial operations.

Port AuthoritiesPort authorities inspect incoming boats and can

refuse access to vessels that do not meet requirementsadopted for the protection of seawater. Port authoritiescan impose fines. The MoE has submitted to the gov-ernment a draft law on the protection of the marineenvironment from pollution and damage. It contains aseparate disposition about cooperation between portcaptains, REAs and MoE inspectors.

Basin Management CouncilsThe Drainage Basin Councils are local bodies respon-

sible for managing water resources. A basic council has

been established for all of Albania’s river basins, orgroups of river basins. They work with the technical sec-retariat of the National Water Company. Much coopera-tion is expected between these councils and the REAs inthe field of water use and river basin management.

Communities and MunicipalitiesIn accordance with Article 42 of the Law on

Environmental Protection, No. 7664, dated January 21,1993, the councils of communities, municipalities ordistricts and their relevant administrative units arecharged with:

• implementing the law and the acts of the Council ofthe Ministers on environmental protection issues atthe local level;

• taking measures to ensure the protection and rejuve-nation of the environment;

• explaining and publishing materials about environ-mental protection programmes, in cooperation withcompetent authorities;

• monitoring the environmental situation;

• informing the public of the environmental situationand any local activities that are subject to environ-mental impact assessments;

• managing and distributing local environmental fundsaccording to the law; and

• designating appropriate sites for the disposal andprocessing of industrial and domestic waste.

In accordance with Article 26, Paragraph 2 of the Lawon Water Resources, No. 8093, dated March 21, 1996,communities, municipalities and other public or privateinstitutions with their own water supply systems mustfrequently check their supply quality. The water author-ity may interrupt distribution when quality standardsare not met.

In 2001, a new law on local authorities was approvedwith the aim of decentralisation of competencies fromcentral authorities to local ones. The law has created aneed for follow-up legislation that better defines theenvironmental responsibilities of local authorities.

NGOs The role of non-governmental organisations (NGOs)

and citizens for the protection of the environment andbiodiversity is becoming more and more important.There are 75 environmental NGOs in Albania, all ofwhich were established after 1991. Their activity hasgradually expanded throughout the country, and theyare currently setting up a forum to better coordinateand plan their activities. However, the environmental



NGO movement is still weak, and its impact on societyand the general public is limited. Some of the reasonsare as follows:

• lack of experience;

• lack of financial and material resources (most NGOsare donor-driven);

• concentration of work in the hands of a few;

• insufficient coordination of joint activities betweenNGOs;

• concentration of activities in big cities; and

• relatively low level of environmental awarenessamong general public and policy-makers.

The activity of NGOs in the field of environmentalmonitoring and inspection is negligible.

Needs are identified as follows:

• cooperation with ministries and other inspectoratebodies; and

• periodic and regular exchange of information, jointactions, mutual communications and adherence toan integrated enforcement approach.

Environmental Permitting System The need for a system of permits for activities poten-

tially harmful to the environment was first mentioned inthe Framework Law on Environmental Protection.Improvements to the system were stipulated in 1998amendments to the framework law. The law authorisesstate administration bodies or local authorities to issuepermits to natural and legal persons for activities affect-ing the environment, but only after the MoE has issuedan environmental permit for that activity.

Natural and legal persons who engage in economicand social activities that might affect the environmentare obliged to apply for an environmental permit fromthe designated authorities — either the MoE or theCouncil of Ministers of Albania.

Permits are issued by the MoE for the following eco-nomic and social activities:

• construction or operation of certain facilities of localor national interest;

• local and national programmes and plans for landuse and urban development;

• construction of roads, railways, seaports, hydro-elec-tric plants, other industrial activities, land reclama-tion, and projects governing the improvement of sur-face water courses;

• exploration, extraction or exploitation of natural sur-face and subsurface minerals and resources;

• exploitation of mineral or biological resources inwaters intended for fishing — taking into accountspecies, seasons, means and fishing quotas;

• exploitation of forests that are of common interest, cre-ation of forested areas and hunting — taking intoaccount species, seasons, means and hunting quotas;

• exploitation of flora, fauna, natural resources, coastalzones and sea beds;

• opening new areas for growing fruit in zones withprotected water resources;

• production, sale or use of toxic products, as well asthose to be used for phyto-sanitarian, agriculturaland silvicultural purposes;

• the import and export of plants and animals;

• other activities that, according to the MoE’s determi-nation, may have an impact on the environment.

The Council of Ministers is in charge of permitting forthe following activities:

• import and export of toxic substances, and the trans-portation of toxic substances through Albania; and

• the manner of transportation, and the site of deposit,processing or disposal of toxic and hazardous wastes.

The permitting procedure is as follows:

• Environmental permits are issued at the request ofthe natural or legal person, based on technical docu-mentation and analysis of the impact on the environ-ment presented by the applicant.

• The applicant submits the request with otherrequired documents to the local REA.

• The REA prepares an opinion regarding the requestor may issue a denial, based upon initial review ofdocumentation and site inspection. If the REAapproves the proposal, the request and the REA’sopinion is forwarded to the MoE.

• The technical directorates of the MoE prepare a draftpermit and forward it to the Permitting Commissionfor discussion and decision-making. The MoE chairsthe Permitting Commission.

• If the request is approved, the permit is issued with-in three months of the request, and is valid from thetime the activity starts until any changes are made inthe environmental conditions under which the per-mit was granted.

• The competent authorities may postpone the granting ofa permit for up to six months if conditions are not satisfied.

• The authorities are obliged to either grant or deny apermit within this sixth-month period; otherwise thepermit is considered approved.



• Environmental permits become invalid if the activitydoes not start within a year from the granting of thepermit. If this is not complied with, it may be neces-sary to re-apply for a new permit .

• The relevant authorities may reconsider or revoke apermit if new, previously unknown ecological consid-erations are revealed at the time the permit is granted,or if new legislation on the environment is passed. Inthis case, the MoE in cooperation with other ministriesor institutions, taking into account the nature of theactivity, shall set a deadline by which the conditions forobtaining a permit must be satisfied.

• The total number of permits granted annually isabout 350.

• Permits are integrated — addressing all environmen-tal concerns in a single document.

By law, the studies and environmental impact assess-ment presented by the permit applicant, as well as theapproval of the permit-granting procedure by the rele-vant authority, are subject to MoE approval.

Applicants receiving environmental permits have topay a fee set by the MoE. The fee is to be paid into theaccount of the authority that grants the permit.Applicants who invest in the environment shall beexempt from this fee. The MoE — in collaboration withother relevant ministries and institutions — determinewhich investments qualify.

The number of environmental permit applicationshas been growing since 1993, not only because of eco-nomic growth, but also because of increased state andMoE authority. On average, more than 350 permits peryear are issued in various sectors, industries and ser-vices. The MoE has established a very detailed list ofactivities requiring environmental permits.

Despite this, the permitting system still has basic defi-ciencies. The MoE prepares integrated permits address-ing all aspects of the environment, but in a very simpleone-page document. The conditions to be met by theapplicants are not detailed enough. There needs to benew standards for permissible emissions and emissioncontrols. There is very limited capacity and too little man-power to write high-quality, realistic permits. There areno special guidelines for permit writing in different sec-tors. Some improvement has been achieved due to theimplementation of a project entitled “COP 97 InstitutionalStrengthening of the PHARE Programme”. However,improving the environmental permitting system remainsa big challenge for the MoE.

Identified needs are as follows:

• more capacity to draft good permits;

• more capacity to provide advice to permit holders;

• more capacity to review and analyse permit applica-tions, including the environmental report preparedby the applicant; and

• additional manpower to draft and inspect permits.

Compliance Control and PromotionEnvironmental regulation is the duty of the MoE and

its regional agencies, other ministries and central insti-tutions and local authorities. This is an ongoing task,taking into account observed parameters and causes ofpollution and environmental damage. Regulatory con-trol over the sources and causes of pollution and envi-ronmental damage is generally exercised:

• by means of a legal act adopted by relevant bodies(the MoE and its regional agencies, other ministriesand central institutions and local authorities); and

• at the request of companies, environmental organi-sations or individuals who are affected, or may beaffected, by pollution and environmental damage.

When environmental pollution or damage is verified,the expenses of enforcement or amelioration are borneby those responsible for the pollution or damage.

Any punitive decision taken by the authority, includ-ing the amounts of fines, is final.

Depending on the circumstances, the agency withjurisdiction in the matter may decide to prohibit or tem-porarily interrupt (totally or partially) the activities ofthose who have caused pollution or damage. Theagency may also order the offender to take steps tosolve the problem.

Enforcement is weak in Albania due to objective andsubjective reasons. Inspections of industrial sites are notvery well standardised, planned or carried out.Inspection offices are under-staffed and have no propermeasuring equipment. Ignorance of industrial process-es, cleaner production methods, end-of-pipe technolo-gy and environmental-impact assessment are some ofEPI’s biggest problems.

Compliance Promotion Albania has not implemented a programme to

encourage voluntary compliance with environmentallaws. However, the subsidiaries of big foreign compa-nies do have such programmes.

The use of financial incentives to this end does notapply. Those who cause damage to natural resourcesare compelled to pay compensation. Victims of pollu-tion or environmental damage may submit claims forcompensation to the court.

The MoE has no ongoing campaign to encourage



voluntary compliance with environmental laws. It car-ries out ad hoc promotions for its strategic goals, but itscompliance inspections are mostly complaint-driven,save for a compulsory annual check-up. Inspectors arerequired to write up reports of their findings.

To improve environmental promotions, the MoE must:

• develop planning procedures for compliance checks;

• develop communication skills and tools with otherbodies;

• prepare an action plan for compliance promotion,compliance strategy and a non-compliance responsestrategy; and

• establish a code of conduct for compliance.

Compliance EnforcementIllegal activities and permit violations may result in

full closure, prohibition of any given activity or tempo-rary suspension by the relevent authority.

Violators who fail to comply with the conditions setout in an environmental permit are obliged to satisfythem within a period determined by the inspectors in col-laboration with other ministries and central institutions.

Non-complying activity that continues beyond theset deadline, depending on the circumstances, can be,prohibited or temporarily interrupted by the relevantauthority.

Indemnity for damages resulting from trans-boundarypollution and environmental damage is arranged in accor-dance with international agreements, conventions andtreaties in which the Republic of Albania is a party. In caseswhere it is not a party, a solution is arranged in a mannerconsistent with generally accepted principles and normsof international rights in the environmental field.

Infractions not considered criminal acts are consid-ered administrative violations of an environmentalnature. These include:

• unlicensed transportation of hazardous waste or sub-stances through Albania or its territorial waters;

• import of hazardous waste or substances for the pur-pose of preservation, storage or disposal;

• violation of insurance rules defined by the MoEwhen transporting hazardous waste or substances;

• failure to meet deadlines for the submission of dataon the environmental situation;

• failure to include information on the environmental sit-uation, including a contingency plan for how citizensshould respond if the activity harms the environment;

• failure to inform the public of environmental pollutionor damage, the measures taken to contain or remedythe damage, and how citizens can best avoid harm;

• failure to provide buyers or customers with relevantinformation about hazardous goods and services andtheir possible adverse effects and impacts;

• objection to or failure to perform an environmentalimpact assessment;

• failure to provide required documents to the authoritiesresponsible for environmental impact assessments;

• engaging in activities that can affect the environmentwithout obtaining a permit from the relevant stateauthority;

• violation of admissible limits of pollutants, as definedby the MoE; and

• violation of regulations for the storage, transport,preservation or disposal of hazardous waste or sub-stances identified by the MoE.

In addition to fines, the authorities may revoke permitsor seize properties that cause damage to the environment.

MoE inspectors and their district REAs may imposefines for administrative violations. MoE and REA inspec-tors, or other employees with special authorisation,have the right to impose fines for any administrativecontravention. If fines are not paid on time, the conse-quences outlined in the citation must be faced accord-ing the administrative code.

The main difficulty in environmental enforcement isthe collection of fines, which is sometimes impossible.Because the law specifies no penalties for non-pay-ment, an amendment should be made stressing that fail-ure to pay will result in immediate suspension of theoffending activity. The non-collection of fines has had ademoralising effect on MoE inspectors, and has dam-aged their public credibility. The number of fines, how-ever has significantly declined since 1997.

As mentioned earlier, the EPI collaborates with statepolice when cited polluters resist implementing inspec-torate-mandated measures. According to the Regulationon the Cooperation of Environmental Inspectors withState Police and Forestry Service Police, No. 68, datedMarch 27, 1997, signed by the Minister of Health andEnvironment, the Minister of Public Order and theGeneral Director of Forestry and Pastorate, environ-mental inspectors enlist the help of state police or forestrangers when:

• cited individuals resist or do not comply with ordersor inspectors; and

• substantial pollution levels or environmental dam-ages are verified in forests or protected areas due toforbidden activity, and the damages are considered acriminal violation.



E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U R O P E

ConclusionThe main authorities that have at least some responsi-

bility for enforcing environmental protection laws are the:

• EPI;

• customs officials;

• sanitation inspectorate;

• forest rangers;

• construction police;

• veterinary inspectorate;

• municipal police;

• finance police;

• hydrocarbon inspectorate; and

• fishery inspectorate.

If a violation is identified and recorded, these bodiescan make an administrative response or impose a fineor order to be complied with by a certain deadline.

In cases of repeated violations, the possible penalties are:

• temporary shut-down of operations;

• a proposal for temporary shut-down;

• a proposal for a permanent closure; or

• permanent closure.

It is very important for the various inspectorates deal-ing with different aspects of environmental protectionto cooperate. Exchanging information is indispensableand will make their work easier.

Environmental inspectors conduct both announcedand unannounced site visits — sometimes closingdown polluters, imposing penalties and/or cooperatingwith state police.

The needs are as follows:

• training in enforcement practices;

• preparing a job manual for inspectors;

• legal training and increased standard awareness;

• training in the use of inspection equipment;

• training in how inspectors work; and

• establishment of a PRTR (or, pollutant registry) —either for each facility or at the district level.

Environmental ProtectionInspectorate Organisation, Human Resources and Training

EPI activities are coordinated by the Directorate ofEnvironmental Impact Assessment and Information.There are 42 inspectors, and their pay scale is the sameas for the other state budget employees. They are poor-

ly equipped, which makes their work difficult. Inspectors lack computers, inspection equipment,

cars and other facilities. To increase their efficiency, it isless urgent to hire more inspectors than to provideexisting ones with proper equipment.

Very little time has been devoted to professionaltraining, and it has been limited in scope.

Most training has been organised under the PHAREprogrammes of 1993-1996, and somewhat in 1997, whileother courses were organised by the United StatesEnvironmental Protection Agency. Most inspectors havedegrees in bio-chemistry or chemical engineering due tothe lack of environmental university curricula. Amongthe MoE staff, 20 percent are biologists, 20 percent tech-nicians, 20 percent chemists and about 4 percentlawyers. Staff members have an average of 15-years’experience, eight of those in the environmental field.The MoE plans and directly manages the EPI budget.

There is an urgent need for serious and continuoustraining. The needs are as follows:

• continuous and professional training in the field ofinspectorate management, inspection planning,inspection execution, etc; and

• monitoring equipment, cars, communication equipment, etc.

Environmental Inspection in Practice

During the first six months of 2001, more than 520inspections were recorded by REA inspectors. The num-ber of inspections per inspector ranges from three to 17per month. During inspections, requirement tasks for vio-lators are recorded and deadlines for their implementationare set. Permit conditions are the weakest point of theAlbanian inspectorates.

Fines have been imposed, but not collected. Violatorsappeal to the court and, unfortunately, they win. This ismainly because environmental permit conditions andinspection records are not clear, due to the lack of a propersystem — meaning the inspectors’ cases do not stand up incourt. Drastic improvement is needed as soon as possible.

Regarding other inspectorate bodies, cooperationremains weak on the national level, whereas joint inspec-tions at the district level are better organised.

Inspectors prepare reports on each site visit. About 50 per-cent of these visits are prompted by complaints. There areabout 1,000 visits per year. To date, no environmental inspec-tor has ever filed a court appeal against a suspected violator.


• development of indicators;

• better report writing; and

• training in laws and site visits, communication andadvisory skills.


52

Data Storage and Retrieval SystemsThe environmental information system is weak in

Albania. There is no electronic database about environ-mental permits and EPI activity. In 2001, an informationcentre was established at the MoE. The centre willbecome the home of data-storage and retrieval system.


• electronic data storage;

• intranet;

• specific data on waste, water, chemicals, industriesand permits;

• public access to data;

• database software;

• industrial activity inventory; and

• computer and database training.

Monitoring and Sampling,Access to Information

The legal obligation for environmental monitoringderives from two acts: the Law on EnvironmentProtection, No. 7664, dated January 21, 1993, and theLaw on State Sanitation Inspectorate, No. 7643, datedDecember 2, 1992. According to the Decision on theTasks of Ministries, Central Institutions, and Legal andPhysical Persons for Environmental Monitoring, theresponsibility of air monitoring is delegated to institutesand local laboratories in different districts as follows:

• The Public Health Institute should monitor drinking-water quality, urban wastewater quality, microbio-logical pollution and air quality in urban areas.

• The Hydrometeorological Institute is responsible formonitoring surface-water quality and air qualitynationwide.

• The Soil Studies Institute monitors soil quality, soil fer-tility, soil pollution levels and irrigation-water quality.

• The Institute of Chemical Technology Studies andResearch monitors industrial wastewater and indus-trial and municipal solid waste.

• The Museum of Natural Science and the Institute ofBiological Research are responsible for monitoringbiodiversity and matters related to genetically modi-fied food.

The MoE has been implementing a national monitor-ing programme for two years on the basis of DPSIR indi-cators. Albania needs an up-to-date monitoring net-work, not only to properly assess the state of the envi-ronment in qualitative terms, but also to identify the

source of any pollution. Better knowledge of pollutionsources will assist the formulation of an efficient inspec-tion programme, as well.

Regarding access to environmental information, theMoE publishes a report on the state of the environmentonce every two years, and has a website.

While environment conditions are monitored inAlbania. inspectors do not take their own sampling, andare unfamiliar with sampling procedures. Self-monitor-ing by industrial operators is required, but very rarelypracticed. The needs are follows:

• training in sampling and sampling procedures, qual-ity assurance programmes, and;

• training in the use of compact monitoring equipment.

Compliance Assessment Despite recent improvements, the EPI system in

Albania has several gaps in its legal framework, admin-istration and technical capability. There are also profes-sional and institutional problems. The inspectorate sys-tem lacks:

• a complete legal framework (there are no laws oninspectorates, air and water protection, waste man-agement, discharge standards, etc);

• regulations and guidelines for environmental inspec-tions, including task outlines for inspectors and howinspectorates should be managed and organised;

• an efficient permitting system;

• an appropriate permit format;

• permits with clear conditions and targets;

• emission standards that would ease the permit andinspection processes;

• more industry honesty regarding self-monitoring;

• checklists for preparing applications for environmen-tal permits;

• a registry or repository of industry information;

• a database for recording permits and complianceinspections;

• legislation pertaining to EIA procedures;

• guidelines and regulations about information that shouldbe provided in an environmental permit application;

• sufficient knowledge about cleaner production,cleaner technologies and end-of-pipe technologies;

• an adequate level of cooperation with the State Police;

• adequate cooperation with public health laboratories(for measuring and reporting emissions-related data);



• regular inspection of facilities;

• guidelines for inspector reporting;

• adequate professionalism among inspectors;

• equipment for measuring emissions; and

• proper equipment for REA inspectors (desks, cars,computers, etc).

On the basis of this assessment, the MoE needs tomake significant improvements to the permitting sys-tem, including the content and composition of permits.It must improve the EPI’s professionalism, from man-agement on down.

The MoE has drafted a plan to improve the permit-ting system, which calls for:

• drafting a new law on environmental protection;

• renewing permits each year with bilateral contractsthat specify well-defined conditions specific to eachindustry;

• promoting preventive measures at the source of pollution;

• requiring industry to abide by self-monitoring standards;

• establishing a database for issued permits, categorisedby sector, technology and year of production;

• establishing a database for inspections or site visits,including findings;

• preparing a law on EPIs, focusing on their tasks andresponsibility;

• preparing guidelines for site visits, inspection reportsand follow-up procedures;

• training of inspectors;

• providing information to businesses;

• equipping inspectors with basic office tools (chairs,computers, etc);

• equipping inspectors with measuring equipment; and

• strengthening the EIA system.

In addition to these, the law should set minimumrequirements for information to be included in environ-mental permit applications. The permits should bebased on an integral outlook, thus all aspects of theenvironment should be viewed as interrelated, andmust be considered as a whole.

The MoE has already taken steps to implement this planand is committed to strengthening the EPI and environ-mental permitting system. Laws have been prepared on:

• environmental impact assessments;

• air protection;

• gaseous emissions standards;

• protection of marine environments from pollutionand damage;

• protected areas;

• biodiversity;

• environmental information;

• water protection; and

• soil protection from pollution and erosion.

Additional steps that have been taken include:

• the drafting of wastewater standards;

• the introduction of eco-taxes (trial taxes have beenassessed on fuel, packaging and waste);

• the elaboration of major steps toward improving thepermitting system and inspectorate body performance;

• environmental audits of two publicly-owned facto-ries, an oil refinery and a ferro-chromium factory;

• an update of the National Environmental Action Plan;

• a cooperative project with the DFID related tostrengthening of the MoE and its inspectorate body;

• a cooperative project with the Italian government tostrengthen the risk-assessment capacity and manage-ment of the MoE and inspectorate body; and

• a cooperative project under REReP for the strength-ening of the Environmental Action Plan.

Results The lack of indicators to measure results of compli-

ance checks and inspections is obvious. One such indi-cator, however, is the number of fines per year — about10 in 2001. The maximum fine for an environmentalinfraction is 1 million leks, or about USD 7,000. The col-lection of fines is negligible due to the weakness of thestate in general, and the EPI in particular.

There is greatest need for a list of indicators to mea-sure the EPI performance.

Experts consulted in the preparation of thisreport:

• Tatjana Hema, served as President of the NEA untilSeptember 2001,

• Alma Bako, Director of EIA and Information(National BERCEN Network Coordinator), Ministry of EnvironmentTel. (35-5) 422-4572

E-mail: [email protected]

• Narin Panariti, Director of Environmental Policiesand Project Implementation, Ministry of EnvironmentTel. (35-5) 427-0627



• Nevila Jana, Environmental expert, UT Tel. (35-5) 422-5818, Fax: (35-5) 422-7665E-mail: [email protected]

• Genti Kromidha, GDFPTel/Fax: (35-5) 425-678E-mail: [email protected]

Other names and addresses at the MoE:

• Zamir Dedej, Director of Nature Management and Biodiversity Tel: (35-5) 427-0624,Fax: (35-5) 427-0627, E-mail: [email protected]

• Trajan Vasili, Director of Personnel, Organisation and Services Tel: (35-5) 436-5229

• Marjeta Mima, Director, ECAT Tirana Tel: (35-5) 422-3530, E-mail: icc.al.ev.org





Annex: Structure of the Ministry of Environment

MinisterEthem Ruka

Directoratefor Pollution

Controland Prevention

Cabinet

Vice-MinisterTatjana HemaCabinet

GeneralSecretary Cabinet

Directorate forManagement of

NatureResources and

Biodiversity

Directory forEnvironmental

ImpactAssessment

and Information


Policy andProject

Implementation


Legislation andForeign Relations

Directory forPersonnel,

Organisationand Services

RegionalEnvironmental

Agency

LegislationSector

EconomicSector

PersonnelSector


Country Profile: Bosnia and Herzegovina

C R O AT I A


C R O AT I A

Banja Luka

Jajce

Mostar

Sarajevo

Tuzla

Brcko

Bihac

B O S N I A A N DH E R Z E G O V I N A

Gorazde

AdriaticSea

0 50 100

kilometres

FEDERATION

REPUBLIKASRPSKA

REPUBLIKASRPSKA

Prepared byMladen Rudez and

Borislav Jaksic

April 2002

Introduction 59

State Administration 59

Institutions Connected to the EPA 61

Permitting System and its connection to the Future EPA 63

Compliance Control and Compliance Promotion 65

Enforcement Procedures 66

Environmental Inspectorate (EPA): Organisation,Human Resources, Management Training 67


Data Storage and Retrieval System 68



Enforcement Performance, and Actions and Reporting Capabalities 69

Annexes

Annex 1: Administrative Structure of the State of Bosnia and Herzegovina 70

Annex 2: Government Structure in the Federation of Bosnia and Herzegovina 71

Annex 3: Government Structure of the Republika Srpska 72

Annex 4: Federal Ministry of Physical Planningand Environment of Bosnia and Herzegovina 73

Annex 5: Draft Framework Law on Environmental Protection 74

Annex 6: Federation of Bosnia and Herzegovina: Canton Government Structure 75

C O U N T RY P R O F I L E : B O S N I A A N D H E R Z E G OV I N A


Table of Contents



IntroductionAccording to the Dayton Accords signed in Paris on

December 14, 1995, Bosnia and Herzegovina (BiH) isadministratively divided into two entities:

• the Federation of Bosnia and Herzegovina (Federation of BiH), and

• the Republika Srpska (RS).

The Constitution of Bosnia and Herzegovina estab-lishes a federal state. It divides rights and powersbetween the institutions of Bosnia and Herzegovina andthose of the entities.

Bosnia and Herzegovina, like numerous other coun-tries engaged in the process of creating a modern envi-ronmental framework, requires extensive assistance inbuilding its legal framework, institutions and policies.The primary objective is to provide BiH with an envi-ronmental framework compatible with European Unionstandards. The European Commission has engaged indrafting environmental legislation for both entities.

State Administration Structure of Bosnia and Herzegovina

Although the Constitution of Bosnia andHerzegovnina has no provisions that are explicitly envi-ronmental, it nevertheless indicates a role of the statevis-a-vis the two entities, the Federation of BiH and theRepublika of Srpska, in environmental protection. Thusenvironmental authorities operate under a dual systemwithout integrated support. Consensus is building thatthe entities and the state should be vertically integratedin environmental protection. At present, the protectionof nature is not viewed as one of the most urgent issuesat the state level.

Administrative Structure of the StateAnnex 1, a diagram of Bosnia and Herzegovina,

shows that at the state level BiH has neither a ministryof environment (MoE) or an environmental protectionagency (EPA). It does have an inter-entity body calledthe Environmental Steering Committee (ESC).

Administrative Structure of the EntitiesAccording to the Constitution, environmental issues

are the province of BiH’s two separate entities, theFederation of BiH, and the RS. Responsibility in the for-mer goes to the Federal Ministry of Physical Planningand Environment of Bosnia and Herzegovina (MoPPE)and, in the latter, to the Urbanism, Housing andCommunal Services, Civil Engineering and Ecology ofthe Republika Srpska (MoUH-CSCE).

Both ministries are responsible for setting strategyand policy for their respective entity. Additionally, theyare in charge of agreements and permits, the setting ofstandards and regulations, and the enforcement of lawsand regulations through licensing and inspections.

(Annexes 2 and 3 show the government structures ofthe Federation of Bosnia and Herzegovina and theRepublika Srpska. The ministries overseeing environ-mental matters are shaded.) According to theConstitution of BiH, environmental responsibilities areshared by the federal and cantonal ministries of envi-ronment (MoE). In the Republika Srpska environmentalresponsibility is centralised or “vertically” organised.

The Federation of Bosnia and HerzegovinaThe organisational structure is determined by the

Constitution of the Federation of BiH in which 10regional cantons are established. Chapter 3 of theConstitution divides environmental competenciesbetween the federal and cantonal authorities. Article 2(e) of this chapter prescribes that federal and cantonalauthorities are jointly responsible for the “policy ofenvironmental protection” and Article 2(i) states thatthey both oversee the “use of natural resources.”However, Article 3 states “ as appropriate, the respon-sibilities in Article 2 may be exercised jointly or sepa-rately, or by the Canton as coordinated by the FederalGovernment.”

Section IV, C, 3, Article 10 (1) (b) of theConstitution of Federation of BiH states that theConstitutional Court shall resolve disputes betweenany canton and the federal government.

Country Profile: Bosnia and Herzegovina

Structure of the Cantons Each of the cantons has its own constitution and gov-

ernment. The structure of the cantonal governments,outlined in Annex 6, is similar to that of the federal gov-ernment. Regarding the environment, all of the canton-al constitutions concur that environmental policy is ashared responsibility with the federal government, inaccordance with the Federal Constitution. The cantonsmay delegate responsibility for the environment tomunicipalities and the federal government. Article 4 (f)of Section 3 gives the cantons exclusive responsibilityfor “regulating local land use, including zoning.”

The Republika Srpska The RS is a centralised entity of BiH without cantons.

Local administration exists only at the municipal level.The RS is responsible for ensuring environmental pro-tection with the municipalities in accordance with thelaw. It is also supposed to take care of the specificneeds of citizens in environmental protection accordingto Article 102.5 of the Constitution. The administrationstructure of the RS is given in Annex 3.

Current Environmental Legislation and Policy in Bosnia and Herzegovina

Annex 2 of the Dayton Accords, which addressestransitional arrangements, states that all laws from theformer Socialist Republic of Bosnia and Herzegovinathat are not inconsistent with the Dayton Constitutionmay remain in force. This is significant in terms of theenvironment because it affirms the standing of the Lawon Physical Planning in the Federation of BiH, passed inSeptember 1987 (“Official Gazette SR BIH, No. 9/1987).

Environmental Provisions of the Federal Law on Physical Planning

The Federal Law on Physical Planning incorporatesthe field of environment as follows:

• Chapter III on Protection and Development of theHuman Environment (Articles 30-75);

• General (Articles 30-40);

• Protection of Significant Natural, Cultural andHistorical Heritage Areas (Articles 41-48);

• Protection of Soil and Jeopardised Areas (Articles49-54);

• Protection of Water (Article 55);

• Protection of Air (Articles 56-64);

• Protection of Urban Conditions (Articles 65-73); and

• Natural Disaster and War Activities Recovery(Articles 74-75).

This law states that “the values of the human envi-ronment created by natural forces and acts of man, aswell as satisfactory conditions for life, shelter, work andrelaxation in the natural and developed environmentare under the protection of society.”

Article 32 states that “any activity that might cause theconditions of the human environment to become lessthan satisfactory should be performed in such a waythat the hazard created by those involved is avoided orreduced to the greatest extent possible. Furthermore,anyone intending to engage in an activity that mightendanger the human environment is obliged to acquirea permit, accept restrictions on the activity and to takeall precautions to prevent or control the hazard to thehuman environment.”

Environmental Provisions Included in the Constitution of the Republika Srpska

Article 35 of the Constitution of the Republika Srpskadeclares: “A person has the right to a healthy environ-ment. Every person shall be bound in accordance withthe law and his/her own capabilities to protect andimprove the environment.”

Environmental Provisions Included in the Law on Physical Planningin the Republic Srpska

Article 30 of RS’s Law on Physical Planning (OfficialGazette of the RS, No. 19/1996) states: “For the purposeof efficient protection and improvement of the environ-ment, economic and all other activities that endangerthe environment shall be subject to a special regulatoryregime and be registered in a separate register.” TheUrbanism, Housing and Communal Services, CivilEngineering and Ecology intends to publish a more adetailed list of activities, and of how they might be reg-ulated and registered.

New Environmental Legislationin Bosnia and Herzegovina

A set of proposed laws on environment-relatedissues has recently been drafted by foreign and localexperts. The list includes draft legislation on:

• water protection;

• waste management;

• nature protection; and

• air protection.

The list also includes a framework law on environ-mental protection, incorporating environmental permit-ting and an integrated framework for environmentallicensing. This law makes reference to supporting pro-cedures, such as environmental impact assessments



(EIAs), based on the concept of integrated pollutionprevention and control of the governments of bothFederation of Bosnia and Herzegovina and theRepublika Srpska.

This new environmental legislation is in the finalphase of adoption. It is expected that Parliament willadopt it in summer 2002.

In its 128 articles and 16 chapters, the proposedFramework Law on Environmental Protection (Annex5) covers the following issues:

• Principles of Environmental Protection,Chapter III (Articles 5-11): Public Participationand Access to Information (Article 10);

• Environmental Information and Education,Chapter V: Environmental Information System andProvision of Information (Articles 22 and 23), Entry ofEnvironmental Data into Other Records (Article 24),Registering of Installations and Pollution (Article 28),Active Dissemination of Environmental Information(Article 29), Access to Environmental Information(Articles 33-34), Public Participation in Decisions(Article 36), Access to Justice (Article 38–39),Competencies (Articles 40, 42 and 43), EnvironmentalImpact Assessment (EIA) (Articles 53-65);

• Environmental Permitting and Major AccidentPrevention, Chapter X, (Articles 66-85): MajorAccidents Prevention and Control (Article 75),Information on Accidents (Article 76), Major AccidentPrevention Plan (Article 77), Safety Reports (Article78), Information on Safety Measurements (Article 80);

• Setting of Environmental Quality Standards,Inspections and Supervision, Chapter XI(Articles 86-92): Environmental Quality Standards(Articles 87-88), Inspection (Articles 90-92),Environmental Management System (Articles 97);

• Financing Environmental Protection, ChapterXIII, (Articles 101-112): Environmental Funds(Articles 102), Financial instruments (Articles 104);

• Civil Liability for Environmental Damage,Chapter XIV, (Articles 113-121)

• Inter-Entity Cooperation, Chapter XV, (Articles122-125); and

• Penalties, Chapter XVI, (Articles 126-128).

The set of environmental laws will be valid for bothentities of Bosnia and Herzegovina.


• to accelerate the process of adoption of new environ-mental legislation as the legal basis for capacity build-ing and institutional strengthening of environmentalinstitutions in both entities of Bosnia and Herzegovina,

• to draw up secondary environmental legislationunder provisions of new environmental laws, and

• to establish and develop stable financial resources inthe form of environmental funding.

Institutions Connected to the EPABosnia and Herzegovina has no federal environmen-

tal protection agency (EPA) or any other specialisedinstitution dealing with the environment. Some interna-tional donors have expressed interest in supporting theestablishment of such a body, but no concrete activitieshave been carried out in this respect.

Environmental Institutions at the State Level

Bosnia and Herzegovina’s Constitution does notdefine environmental activities at the state level.

The six the ministries, shown in Annex 1, are:

• Foreign Affairs;

• Foreign Trade and Economic Relations;

• European Integration;

• Human Rights;

• Civil Affairs and Communication; and

• Treasury.

In addition, there are the Institute for Standardisation,Metrology and Intellectual Property, the Agency forStatistics, and the Archive of Bosnia and Herzegovina.

At present, it is unclear which institution shouldassume responsibility for environmental issues at thestate level. At present, environmental responsibilitiesseem to be divided among the Ministry of ForeignAffairs, the Ministry of Foreign Trade and EconomicRelations, the Ministry for European Integration and theMinistry Civil Affairs and Communications. The Ministryfor European Integration also takes some responsibilityas it coordinates activities linked to EU accession.

This situation is a result of the Dayton PeaceAgreement, in which environmental responsibilitieswere divided between the separate entities ofFederation of Bosnia and Herzegovina and theRepublika Srpska, and, in the case of the former, weresplit further between federal and cantonal authorities.

Environmental Institutions in the Federationof Bosnia and Herzegovina

In the Federation of BiH, the relevant ministry is theMoPPE (Annex 4). Other environmental responsibilitiesare meted out as follows:





• The Ministry of Agriculture, Water Management andForestry looks after water-resource management,including water licenses, approvals and inspection.

• The Ministry of Health is responsible for providingclean drinking water (and for the protection of thepopulace from radiation).

• The Ministry of Energy, Mining and Industry isresponsible for recycling solid waste.

• The Ministry of Traffic and Communication isresponsible for traffic and communication issues.

In all 10 cantons, the authorised bodies are:

• the ministries of Civil Building, Spatial Planning andEnvironment oversee zoning plans and environmen-tal protection within cantonal borders; and

• the Ministry of Agriculture, Water Management andForestry oversee administrative issues linked towater-use licensing, in accordance with the Law onWaters under the cantonal authorities.

Environmental Institutions in the Republika Srpska

The governmental structure of the Republika Srpskais diagrammed in Annex 3. In the RS, the Urbanism,Housing-Communal Services, Civil Engineering andEcology is directly responsible for environmental issues.The Ministry of Agriculture, Water Management andForestry and similar ministries, similarly to Federation ofBiH, are responsible for such aspects of the environmentas air, water and soil protection, and permitting.

Inter-Entity Bodies The Environmental Steering Committee and the

Commission for Water were established in 1998.

Environmental Steering Committee The Environmental Steering Committee (ESC) was

established as an inter-entity body to specifically dealwith environmental issues (Annex 1).

The committee was established according to a mem-orandum of understanding between the Federation ofBiH and the RS. The ESC consists of eight members anddeals with issues related to the environment delegatedto it by the twin entities. Its purview includes:

• international agreements/treaties concerning envi-ronmental matters;

• international environmental programmes;

• cooperation with the European EnvironmentalAgency (EEA);

• harmonisation of existing and future environmentallegislation and regulation;

• harmonisation and monitoring of environmentalstandards;

• harmonisation of environmental action plans withphysical planning concerning the environment by RSand BiH;

• harmonisation of environmental databases and infor-mation systems;

• information collection and exchange (inter-entityand international);

• harmonisation of plans for emergency situations;

• coordination of all environmental activities linked toBiH’s wish to enter the European Union.

The ESC is supposed to propose guidelines andexpertise to the relevant ministries of both entities who.in turn, apply these guidelines in their work.

Commission for Water The Commission for Water (CW) is responsible for the

cooperation between the relevant ministries of both enti-ties in all water management issues. Its goal is to preventpotential disputes in water management. The commis-sion has eight members, four from the RS and four fromBiH. The memorandum of understanding signed on June4, 1998 established the CW and put it in control of:

• international waterways;

• international water-management projects;

• cooperation with Croatia and Serbia and Montenegro;

• harmonisation of regulations in water management;

• harmonisation of water-quality issues and monitor-ing water quality;

• water resources protection through control of solid-waste disposal;

• oversight of laboratories that monitor water quality;

• construction and reconstruction of water-manage-ment facilities important to both entities;

• water facilities that straddle the border between RSand BiH;

• collection and exchange of information (inter-entityand international); and

• harmonisation of emergency response plans.

Future Competent Inter-Entity Body forEnvironmental Issues

Under the provisions of the draft FLEP, the currentESC will eventually be replaced by an inter-entity bodyin charge of environmental matters, and imbued withgreater authority.

According to Article 122 of the Law, this embryonicbody should develop the envisioned EnvironmentalProtection Agency of Bosnia and Herzegovina (EPA).According to plan, this body would have equal standingwith the Agency for Statistics and the Institute forStandardisation, Metrology and Intellectual Property. Itsmain tasks would be:

• collection and monitoring of environmental datafrom the entities;

• representation of the state in international environ-mental issues (in conventions and global protocols,for example);

• advising ministries on setting standards, laws andregulations; and

• harmonisation of environmental issues between RSand BiH.

For these tasks, the establishment of the EPA mightbe a long-term option. An institutional EPA could be theenvironmental focal point for relations with internation-al organisations. The EPA could work in close coopera-tion with licensing offices (environmental agencies) atthe entity level.

Environmental tasks would be ascribed directly tothe EPA by the Council of Ministers. A decision abouthow to pay institutions that may carry out the taskswould be necessary. Funding could be provided by therelevant state ministry on a contractual basis upon com-pletion of specific tasks.

In the short-term, the responsible inter-entity bodycould be a collection of working groups under the cur-rent Environmental Steering Committee (ESC). Theseworking groups do not currently exist within the ESC,and would have to be established.

Thus, the technical work could be done separately frompolitics under the supervision of the ESC. To begin with thepermanent staff would comprise of no more than a secre-tariat. However, it would have to evolve into an institutionbefore it could represent the country internationally.

A weakness of this plan is that the ESC is not anorganisation, but merely a committee with no work-ing groups dealing with technical issues. No signifi-cant progress can be seen from the minutes of themeetings that have been held on the issue. Funding isnot provided; therefore the establishment of a sepa-rate EPA — in addition to the existing ESC, whichshould cooperate with the EPA — is considered thebetter option.


• creating the legal base for establishing an environ-mental protection agency (EPA) at the state level;

• establishing a fund for the agency;

• a proposal of future internal organisation of the agency;

• institutional strengthening and a capacity-buildingagency;

• education and training of administrative personnel;

• exchange of positive experiences from other coun-tries within the EPA framework.

Permitting System and itsConnection to the Future EPAPermitting System in the Federation of Bosnia and Herzegovina

The Federal MoPPE plays the main role in environ-mental policy, including the licensing of large andmedium-sized industrial plants and their inspection.According to the law, the Ministry of Physical Planningis in charge of the licensing of large installations, includ-ing the procedure of ensuring successful urban plan-ning. The same ministry processes all applicationsthroughout the federation. The ministry is the centralinstitution for data and information on licensing, but itneeds the help of specialised institutes based inSarajevo concerning licensing requirements.

Additionally, there is a situation of conflict concerninglicensing legislation with the cantons. Apart from the lackof staff, the MoPPE is too far away from the installationsit oversees for inspection and monitoring purposes.

A stronger Federal MoPPE could result in the estab-lishment of uniform, federation-wide regulations,ensuring a consistent standard of environmental licens-ing in BiH. It would also help standardise inspectionprocedures and help the ministry attain the necessarylegal competence for its work.

The MoPPE sees its role as being the central envi-ronmental licensing body. However, the cantons withlarge industrial installations have their own environ-mental laws. The cantonal ministries see themselves asthe central environmental licensing bodies. As a result,applicants for large-installation licensing do not knowwhere to apply.

The European Commission’s experts have recom-mended the establishment of a new federal ministry ofenvironment that would ensure the integrated manage-ment of main aspects of the environment; namely air,water, nature, waste management and biodiversity.

At present, excessive license requirements deterinvestors from opening new factories. The current sys-tem also lacks an environmental licensing procedure forthe extension or retrofitting of installations. When sucha procedure is implemented, it would be greatly simpli-fied under a unified ministry for environment.

The new ministry of environment would also ensurethat the inextricably linked sectors of the environmentreceive closer government attention. Such a ministry



would strengthen the position of the federal governmentversus the cantons, and eliminate redundant or conflict-ing activities and rules of the institutions involved.

Under the current licensing procedure, according tothe information available, the MoPPE must procureopinions from the Ministry of Agriculture, WaterManagement and Forestry and from the Ministry ofEnergy, Mining and Industry. The license is issued inthree steps:

• urban concordance permit (license for the locationof the installation);

• building permit; and

• resource-use permit (license for operation).

During the licensing process, a commission must benominated and paid for by the applicant. This commis-sion checks the data provided by the applicant and thequality of the equipment. The MoPPE issues the licenseand, where appropriate, specifies additional conditions,for example, the carrying out of an environmentalimpact assessment.

Permitting System in the Republika Srpska The Urbanism, Housing-Communal Services, Civil

Engineering and Ecology of the RS oversees the licensingof large industrial installations including the urban con-cordance permit. However, other public concerns relatedto water quality, factories and power generators are over-seen by the Ministry of Agriculture and Water, the Ministryof Industry and the Ministry of Energy and Mining.

In the process of obtaining urban concordance andbuilding permits for buildings and other public facili-ties, the investor is obliged to seek expert opinion onthe special conditions of construction and the conse-quences of the development’s operation. A recognisedinstitution appointed by the Urbanism, Housing-Communal Services, Civil Engineering and Ecologyoversees this exercise.

For large installations this procedure starts in theministry. According to Article 77 of the Law on PhysicalPlanning, a request for permits for buildings and activi-ties identified in the Article 76, Paragraph 2 of the samelaw shall be submitted to the ministry via the municipaladministration body responsible for urban affairs. Theministry shall reach a decision having consulted themunicipality or municipalities involved.

The license covers requirements for the building’slocation, construction and operation and, where appro-priate, specifies additional conditions.

The licensing of smaller installations is carried out bythe municipalities. According to Article 77 of the Law onPhysical Planning, a request for an urban concordancepermit shall be filed at the municipal administrativebody responsible for urban affairs. The procedure is the

same as that for larger projects. The applicant mustobtain an urban concordance permit covering the loca-tion, construction and operation of his facility.

The system has weaknesses, including a shortage ofstaff and funding at the Urbanism, Housing-CommunalServices, Civil Engineering and Ecology. Its Departmentfor the Environment currently has a staff of six, andplans to add two more. The Law on Physical Planningwas adopted in 1996 and, since then, the ministry hasnot issued a single license for a large development.

A stronger Department for the Environment or futureMinistry for the Environment would have several bene-fits. It would ensure the integrated management of themain aspects of the environment, namely air, water,natural surroundings, waste management and biodiver-sity. Through clear assignment of authority regardingthe licensing procedure and quality of the environmentand through better coordination with the involved min-istries concerned (Agriculture/Water, Industry, Energyand Mining) and municipalities, the ministry wouldsecure standardised environmental licensing, installa-tion inspections and the necessary legal competence.

Future Environmental Permitting in Bosnia and Herzegovina

The draft framework Law on Environmental Protectioncovers environmental permits and provides an integratedframework for environmental licensing. The law alsoincludes a reference to supporting procedures such asenvironmental impact assessments, based upon the con-cept of integrated pollution prevention and control.

Articles 68-74 of this draft law cover environmentalpermits. Article 68 states that the environmental permitshall aim at a high level of environmental protection.Plants and installations listed in the implementing regu-lation may only be built and operated with an environ-mental permit issued in accordance with the law. Anenvironmental permit is also required for a substantialconversion of an installation.

If other permits, approvals or preconditions arerequired under other laws, they should be issued inconjuntion with the environmental permit. The authori-ties responsible for issuing other permits are to beinvolved in the environmental licensing procedure.

Once issued, the permit should be updated everyfive years at the relevant ministry.

According to Article 71 regarding environmental per-mits, the relevant ministry shall grant an environmentalpermit within four months of application. If an EIA isrequired, the environmental permit shall be grantedwithin two months after delivery of the environmentalinformation system.

The environmental permit contains the following:

• emission limit values for pollutants;



• requirements for protection of air, soil, water, floraand fauna;

• measures concerning the management of waste gen-erated by plant or installations;

• measures for minimising long-distance or trans-boundary pollution;

• self-monitoring system specifying measurementmethodology and frequency; and

• contingency plan for operations under abnormalconditions.

Emission limits and other technical aspects of thepermit are based on the best available techniques. Theyalso take into account the technical characteristics of theinstallation concerned, its geographical location and thelocal conditions.

Where environmental quality standards are unattain-able by the use of the best available techniques, addi-tional measures shall be required in the permit (e.g. lim-its on operation hours, cleaner fuels, etc).

Installations identified in the implementing regulationthat have received or will receive an environmental per-mit before the new law comes into force must get a newenvironmental permit by 2008. The ministry must setapplication deadlines for an environmental permit forspecific types of installations as defined in Article 72 onexisting installations by the implementing regulation.

Based on Article 74 of this draft law, the relevantministry must reconsider and update the environmentalpermit or, where such a permit is not required, theurban concordance permit, where:

• the pollution caused by the installation is of such sig-nificance that it affects existing conditions and emis-sion limit values;

• substantial changes in the best available techniquesmake it possible to reduce emissions significantlywithout incurring excessive costs; or

• the operational safety of the process or activityrequires the use of other techniques.

The ministry may also update a permit at the request ofa person who claims to be affected by the installation andcomplains that the pollution caused by it endangers orimpairs his or her health or causes an undue nuisance.


• drawing up secondary environmental legislativeunder provisions of a new framework Law onEnvironmental Protection including a list of relevantinstallations and industrial plants;

• development and implementation of the system forpermits and environmental licences under the newframework Law on Environmental Protection,

• an update of the industrial plant inventory and theestablishment of a new registry of polluters, and

• an exchange of positive experiences from othercountries in regard to their permit system.

Compliance Control and Compliance Promotion

According to Article 33, the current Law on PhysicalPlanning in the Federation of BiH and the RS, “activitiesendangering, or that might endanger, the human envi-ronment are subject to a special regime of control.”Checks are performed on those installations listed in theregistry. This list was published under a by-law con-taining “special agreements on urban concordance per-mits, construction permits and usage permits for facili-ties that perform an activity endangering, or that mightendanger, the human environment.” Another means ofcontrol and inspection is the compulsory registration ofall installations included on the above-mentioned list.

According to the Article 35, the regular two-year reg-istration of all the listed facilities is performed after theauthorities have confirmed that they meet all therequired conditions. Expenses of registration are borneby performers of the corresponding activities.

However, Article 35 also allows permits to be issuedfor “activities that might endanger the human environ-ment” that are of “special interest for the economy” orin the “general public interest.”

For small installations, Article 58 states that “the con-struction of facilities and plants (housing blocks, indus-trial facilities, workshops, heating plants, public or com-mercial facilities, hotels, laboratories, etc.) that can pol-lute the air with gas, smoke, dust, steam or other harm-ful particles cannot be permitted unless regulated con-ditions for air protection are secured.”

Such small facilities and plants are those “that do notcause significant pollution individually, but due to theirconcentration or location, they can cause pollution toexceed regulated levels in a certain area.”

Permits are granted to such facilities when an inspec-tion certifies that the required conditions have been ful-filled and that the operation of the installation or plantwill not endanger the human environment.

Compliance checks are also included in the newframework Law on Environmental Protection.According to Article 92 on measures to secure compli-ance, if an installation is found to be non-compliantwith its permits, relevant laws or regulations and by-laws, the inspector must issue an order of compliancewith a set deadline. If the operator does not comply bythe deadline, or if the plant poses an immediate dangerto human health and the environment, the inspectormust order whatever measures necessary, including



shutting the plant down, closing parts of it or someremedial step. The operator bears the costs of suchmeasures. If the operator repeatedly fails to comply, orif his activities pose serious dangers to human healthand the environment that cannot be alleviated by othermeasures, the relevant authority must suspend or with-draw the permit.


• establishment of environmental inspectorates in bothentities of BiH;

• implementation of environmental inspection in bothentities of BiH;

• establishment of comprehensive compliance con-trols under the provisions of new environmental leg-islation (measures to secure compliance);

• education and training of personnel with respect toenvironmental inspection and control; and

• exchange of positive experiences from other countriesin the framework of a compliance-control system.

Enforcement ProceduresThe new framework Law on Environmental

Protection contains provisions on self-monitoring by theoperator, inspections by the authorities, ways and meansof efficient enforcement and sanctions and penalties.

Article 88 on self-monitoring obligations of the oper-ator states:

1) Installations may only be operated in conformitywith the relevant permits and applicable laws andregulations.

2) The operator must monitor the emissions andimpacts of his installation. Unless otherwise specifiedin the permit, or in the relevant regulations, the oper-ator must have his premises checked for conformitywith legal requirements by qualified experts everythree years. The criteria for qualification shall be setin regulations by the relevant ministry.

3) If an inspection reveals deficiencies, they must beremedied immediately. A report on the inspection,and on any remedial measures to address deficien-cies, must be submitted to the relevant authority.

4) The operator must properly maintain his or herinstallation and ensure that all technical deviceswork regularly. If incidents or accidents occur thatlead to a breach of emission limits, the operatormust take immediate remedial action to restore thecompliance. If the incident or accident poses a seri-ous threat to human health or the environment, theoperator must reduce or suspend operations.

Article 90 on inspections states:

1) In cases of complaints or suspicion of non-compli-ance with the permit, relevant laws, regulations, orby-laws the authority must inspect the installation forcompliance.

2) Installations subject to permit requirements accordingto provisions of this law or other relevant laws must beinspected regularly by the authority. The authoritymust draw up an annual or biannual inspection pro-gramme to establish a system for inspections andmonitoring, setting priorities for types of installationsand areas according to the relative urgency of pendingenvironmental problems. The Ministry ofEnvironment prescribes the details of inspection pro-grammes, including time limits for inspections of dif-ferent types of installations according to how regula-tions assess their impact on the environment.Installations that fall under “Seveso-Activities” must bechecked at least every three years.

3) Inspectors may enter all premises, working areas andbuildings for site-inspection and may inspect all doc-uments, data, equipment and materials present andmay take samples and measurements. The operatorand his staff are obliged to provide assistance for theinspection by providing all necessary information,data and documents.

4) The inspector must prepare a report on the inspec-tion including:

• the name of the installation and location;

• the date and duration of the inspection,

• a description of the inspection performed and allrelevant findings, especially technical data andsamples;

• notes of non-complying practices and the expla-nations given by the operator or staff. The reportshall be sent to the operator and the Ministry ofEnvironment. It must be made available to thepublic on request.

Article 91 on inspections of installations using orstoring dangerous substances “Seveso-activities” statesthe following:

• The relevant authority must establish a systematic ofinspection and control system for installations fallingunder this article’s provisions to review the safety-management system and the other requirements ofthis article.

• The relevant authority must draw up a programmeof inspections with at least one on-site inspectionevery year for installations covered by implementingregulations. If the installation must undergo an envi-ronmental impact assessment, inspections by theEIA authorities shall be coordinated with inspec-tions mentioned above.





Article 92 on measures to ensure compliance statesthe following:

• Upon discovery of non-compliance with permits, rel-evant laws, regulations or by-laws, the inspectormust issue an order of compliance to the operatorsetting a time limit to restore compliance.

• If the operator does not comply by the deadline, or ifthe plant poses an immediate danger to human healthand the environment, the inspector must order what-ever measures necessary, including shutting the plantdown, closing parts of it, or some other remedial step.The operator bears the costs of such measures.

• If the operator repeatedly fails to comply, or if hisactivities pose serious dangers to human health andthe environment that cannot be alleviated by othermeasures, the relevant authority must suspend orwithdraw the permit.

Article 126 on penalties states the following: anadministrative fine of an amount yet to be determinedshall be imposed on any legal and natural entity for thefollowing violations:

• breaches of the requirements of Article 671 concerningthe basic obligations of the operator of this law;

• construction or operation of facilities or the under-taking of activities without the required permit ornotification, or being in violation of permit stipula-tions or regulations;

• failure to comply with requirements or conditions setout in the permit or in relevant regulations;

• failure to submit to the relevant authority informa-tion, data or documents required by this act orapplicable regulations;

• failure to prepare a prevention plan for major accidentsand not undertaking precautionary measures; and

• failure to adopt an internal intervention plan and notsubmitting it to the authority defined in Article 832of this law.


• development of an environmental inspection proce-dure in both the Republika Srpska and Bosnia andHerzegovina under the provisions of new environ-mental laws and secondary legislation;

• establishment of enforcement and regulation monitoring;

• education and training of personnel with respect toenvironmental inspections; and

• exchange of positive experiences from other coun-tries in relation to the enforcement of modern envi-ronmental laws (implementation of legal instru-ments and environmental inspection).

Environmental Inspectorate (EPA): Organisation, HumanResources, Management Training

There are no environmental inspectorates in BiH atthe state level. In the Federation of Bosnia andHerzegovina and the Republika Srpska, under the pro-visions of Laws on Administration and Ministries of theEntity Governments and Laws on Physical Planning,there is a plan to employ environmental inspectors atthe future Ministry of Environment (MoE).

Annex 4 shows the organisational structure of theFederal MoPPE along with its inspectorate. The follow-ing weaknesses have been identified:

• lack of staff;

• lack of inspectors;

• lack of equipment for site checks; and

• lack of funding for action.

An inspectorate exists as an independent departmentwith four inspectors (one is an environmental inspec-tor) under the direct supervision of the minister.However, qualified personnel are not always available.Institutional strengthening, capacity building of inspec-tion, training of inspectorate management and environ-mental inspectors are necessary.

The situation is similar in the Urbanism, Housing-Communal Services, Civil Engineering and Ecology ofthe RS.

In general, there is no linked network of environ-mental inspection between the state, entity, canton andmunicipality authorities.


• establishment of an environmental inspectorate inboth entities of BiH;

• implementation of environmental inspection in bothentities of BiH; and

• development of an inspection network (entity, can-ton and municipality level).

The most urgent identified needs are as follows:

• Financial means for establishing an EnvironmentalInspectorate and a proposal for future internal organ-isation of the Environmental Inspectorate,

• Employment and financing of four environmentalinspectors, including two in each entity, as an embry-onic environmental inspectorate (this must alsoinclude education for new inspectors); and

• Capacity building and continuous training of inspec-tors; and the equipment necessary for enforcementtasks of the environmental inspectorate.


As mentioned above, environmental inspection at theentity level is not yet established, but is only in the plan-ning stage. Current environmental inspection involvesno more than ad hoc activities by the Commission forInspection under the supervision of the Minister.

In practice, environmental inspections are carriedout in only some of the cantons and municipalities inthe Federation of BiH and RS. The staff of theEnvironmental Inspection in the Cantons of Federationof BiH comprises:

• Una-Sana Canton: one environmental inspector;

• Zenica-Doboj Canton: one environmental inspector(this office is currently being reorganised as theCantonal Inspectorate with an environmental inspec-torate as an independent unit of Government of theZenica-Doboj Canton);

• Herzegovina-Neretva Canton: no environmentalinspector;

• West-Herzegovina Canton: one environmentalinspector;

• Tuzla Canton, within the framework ofAdministration Control Service: two environmentalinspectors;

• Herceg-Bosnian Canton: no environmental inspector;

• Posavina Canton: no environmental inspector;

• Sarajevo Canton: one environmental inspector withplans to recruit;

• Central-Bosnian Canton: no environmental inspec-tor; and

• Bosnian-Podrinje Canton: no environmental inspector.

Once an installation is running, the operator mustensure that inspections are carried out every two years.The relevant authorities have the right to make inspec-tions at their own discretion. No database of statisticsexists. It is necessary to reform the inspection system inBiH at all of levels of responsibility and under provi-sions of a new set of environmental laws.


• establishment of a new environmental inspectoratein both entities of BiH;

• implementation of modern environmental inspectionin both entities of BiH; and

• development of an environmental inspection net-work in BiH linking authorities at the entity, cantonand municipality levels.

The most urgent needs are as follows:

• salary for four entity inspectors (EUR 1,000/monthfor each, with two-year employment contracts;

• equipping of office space: EUR 20,000;

• international consultancy: EUR 20,000;

• training of first inspectors;

• organisation of training for trainers; and

• visit to other inspectorates and exchange of experi-ences (Slovenia, Croatia, Austria).

Data Storage and Retrieval SystemThere are no regular databases on the registration of

large facilities and plants. There are lists of some of thebigger plants and installations, but the system of inspec-tion and control hardly functions at the entity level. Thereasons are mentioned earlier.

In some cantons of Federation of BiH, the periodicinspection (every two years) of bigger plants andindustial installations is carried out under provisions ofcantonal environmental law. These include the canonsof Tuzla, Zenica-Doboj, Sarajevo and WestHercegovina. In the rest of the cantons, there are noenvironmental laws or environmental inspections. Inmunicipalities, sanitation inspections are carried out asa public service. In RS the situation is similar.


• establishment of environmental monitoring and collection, and storage of environmental data, and

• creation of an environmental database.

Monitoring and Sampling, Access to Information

Currently there is no environmental monitoring orenforcement of legal obligations. Since the last war,there has been no official registry of polluters or devel-oped system of environmental monitoring and sam-pling. Many industrial installations are idle or gutted.

In some cantons of the federation (West-HerzegovinaCanton, Tuzla Canton, Zenica-Doboj Canton), environ-mental monitoring is enshrined in law but not in practice.Some of the cantonal inspectors perform sampling underthe provision of cantonal environmental law, but this isperformed mostly on an ad hoc basis. Environmentalinspectors have an obligation to write reports, whichform the basis for periodical and annual reports. There isno developed system of information concerning envi-ronmental inspection and monitoring.

Access to environmental information needed to carryout an inspection is impossible because there is no



inspection database. There is no authorised office orservice for environmental information.

The future situation, according to the provisions ofthe new framework Law on Environmental Protection,will be as follows. According to Article 88 concerningobligations of facility operators, facilities may run onlyif they conform with relevant permits, laws and regula-tions. The operator must monitor the emissions andimpacts of the installation. If not otherwise specified inthe permit or in relevant regulations, the operator musthave the installation checked for conformity with legalrequirements by qualified experts every three years.The criteria for qualification shall be set by regulation ofthe relevant ministry.


• establishment of an environmental sampling net-work and database;

• development of an environmental information system;

• creation of an environmental database on paper andin electronic form for archival purposes;

• establishment of an inspection reporting system withaccessible records of results;

• equipment for on-site environmental checks of waterand air (each entity should have its own equipment);

• computers and other office equipment for each enti-ty, canton and region

• equipment for conservation of samples — each can-ton and large town in the RS should be separatelyequipped;

• four cameras, one for each entity inspector;

• four mobile phones, one for each entity inspector;

• four Dictaphones, one for each entity inspector;

• four rechargeable torches, one for each entityinspector;

• two video-cameras;

• two alarm dosimeters for ionised radiation (for mea-suring absorbed and emoted radiation);

• two portable detectors for beta, and gamma-ionisedradiation;

• four Motorola walkie-talkies;

• two pairs of binoculars;

• four life jackets;

• four sets of protective clothing;

• two cars — one for two entity inspectors; and

• one patrol boat.

Compliance Assessment There is no juridical system concerning compliance

with environmental regulations. It is necessary toreform and renew the inspection system in BiH at alllevels of responsibility and under provisions of the newset of environmental laws.

In addition, it is urgent to prepare secondary envi-ronmental legislation as the legal basis for establishingof a modern environmental inspectorate.


• exchange of information and experience in the fieldsof compliance and enforcement.

Enforcement Performances andActions and Reporting Capabilities

This field is covered under provisions of the proposednew environmental laws and secondary legislation.Urgent identified needs are as follows:

• funds for preparation of secondary environmentallegislation,

• capacity building of environmental institutions in theenforcement of environmental legislation; and

• enhancement of network capabilities of environ-mental institutions in the enforcement of regulations.





Annex 1: Administrative Structure of the State of Bosnia and Herzegovina

FIGURE 1

Presidency ofBosnia and Herzegovina

(Rotation between three ethnic members)

Council ofMinistries of B&H

Ministry ofForeign Affairs

Ministry ofForeign Tradeand Economic

Relations

Ministry ofEuropeanIntegration

Governmentof the

Federation of B&H

Governmentof the

Republika Srpska

Districtof

Brcko

Environmental SteeringCommittee (ECS)

CompetentInter-Entity Body

Future EnvironmentalProtection Agency (EPA of B&H)

Ministry ofHuman Rightsand Refugees

Ministry of CivilAffairs and

Comunication

Ministryof Treasury

Institute forStadardisation,Metrology and

Patents

Agency forStatistics

Archive



Annex 2: Government Structure in theFederation of Bosnia and Herzegovina

FIGURE 2

Government of the Federationof Bosnia and Herzegovina

FederalStatisticsInstitute

Ministryof

Defence

FederalMeteorological

Institute

Ministryof Internal

Affairs

Ministryof

Trade

Ministryof

Justice

Ministryof

Finance

Ministryof

Health

Ministryof Energy,

Mining& Industry

FederalMeteorological

Institute

Ministry ofTransportation

&Communi-

cation

Ministry ofEducation,Science, Culture& Sport

Ministry ofPhysical

Planning & Environment

Ministry ofAgriculture,Water Utility &Forestry

Ministry ofSocial

Welfare& Refugees

Premier



Annex 3: Government Structure of the Republika Srpska

FIGURE 3

National Assembly of the Republika Srpska

Ministryof

Education

Ministryof

Health

Ministryof

Traffic

OtherIndustries

Ministry ofEnergy &Mining

Ministry ofCulture &Science


&Communication

Ministry ofIndustry &Technology

Ministry ofAgriculture,

& Water

Government of the Republika Srpska

Ministryof

Finance



Annex 4: Federal Ministry of Physical Planning and Environment

of Bosnia and Herzegovina

FIGURE 4

MinisterRamiz Mehmedagic

Inspectorates

Advisors 2

4

Ministry SecretaryMehmed Cero

1

Department ofEnvironmentProtection

Mladen Rudez

9

(14)

Department ofBuilding andReconstructionFilomenaPrimorac-Nikolic

9

(14)

Department ofLaw Cases andGeneral AffairsFatimaHadzibegic

14

(21)

Departmentof PhysicalPlanningAmraHadzimuhamedovic

9

(10)

Numbers indicate amount of staff.Those in brackets indicate eventual amount of staff.


Article 67: on the Basic Obligationsof the Operator

Installations must be constructed and operated insuch a way that:

• the health of persons is not endangered or impaired,and no unbearable/undue nuisance is caused to per-sons living in the impact area of the installation or to theenvironment by emissions of substances, noise, odours,vibrations, heat or by traffic from and to the installation;

• all appropriate preventive measures are taken againstpollution, and no significant pollution is caused;

• waste production is avoided; where waste is pro-duced, it is minimised, recycled or recovered or,where that is technically and economically not feasi-ble, it is disposed of while avoiding or reducing anyimpact on the environment;

• energy and natural resources are used efficiently;

• necessary measures are taken to prevent accidentsand limit their consequences;

• necessary measures are taken upon cessation ofactivities to avoid any pollution risk and to returnthe site of operation to a satisfactory state. A satis-factory state shall mean that all environmental qual-ity standards relevant for the site of the installation,especially those concerning protection of soil andwater, are met.

The requirements set out in Paragraph 1 of this Articlepertain to the operator for the construction, operation orcessation of installations. These standards must beapplied when deciding on an environmental permit.

Regarding installations for which the acquisition ofan environmental permit is not required: the competentauthority, while issuing urban permits, shall ensure thatthe requirements established in Paragraph 1 of thisArticle are met.

Article 83: on Internal and External Emergency Plans

The operator must draw up an internal emergencyplan for measures to be taken in the event of a majoraccident, and must submit it to the authority in chargeof emergency management to enable the latter to drawup an external emergency plan for measures to betaken outside the installation.

The emergency plans must be established in order to:

• to control incidents so as to minimise the effects andto limit damage to people, the environment andproperty;

• to implement the measures necessary to protect manand the environment from the effects of major acci-dents;

• to communicate necessary information to the publicand the services and authorities concerned in thearea; and

• to provide for the restoration and clean-up of theenvironment following a major accident.

The internal and external emergency plans have tobe put into effect without delay in the event of a majoraccident or any other uncontrolled event, which couldlead to a major accident.

They must be reviewed, tested and, where neces-sary, revised and updated by the operator or the com-petent ministry at suitable intervals of no longer thanthree years; taking into account changes occurring inthe installation, emergency services or new technicalknowledge.


Annex 5: Draft Framework Law onEnvironmental Protection



Annex 6: Federation of Bosnia and Herzegovina — Canton Government Structure

FIGURE 6

CantonalGovernment

Ministry ofJustice and

Administration

MinistryPlanning &

Housing

Ministryof

Economics

Ministry ofInternalAffairs

Ministry ofHealth

Ministry ofFinance


&Communication

Ministry ofEducation,Science &

Information

Ministry ofLabour, Social

Welfare & Refugees

Presidentof CantonalGovernment

Ministry ofCulture &

Sport

President of the Canton

Ministry ofPhysicalPlanning

& EnvironmentProtection

Ministry ofOtherIssues


Country Profile: Bulgaria

R O M A N I A

B U L G A R I A

Sofia

Plovdiv

T U R K E Y

G R E E C E

FYRMACEDONIA

BlackSeaBurgas

Varna

Ruse

0 100

kilometres

50

S E R B I AA N DM O N T E N E G R O

Prepared bySvetlana Zhekova

February 2002

General Information 79

Administration 80

Institutions Connected to EPAs 81

Connection Between the Permitting System and EPAs 82

Environmental Control in Bulgaria 84


Environmental Inspectorates: Human Resources 86



Environmental Monitoring System, Access to Information 88


Enforcement Performance and Reporting Capabilities 92

Needs Assessment: Summary of Current Problems 93

Conclusion 94

Endnotes and Reference Documents 94

Abbreviations and Contacts 95

Annexes

Annex 1: Structure of the Ministry of Environment and Water 96

Annex 2: Structure of the ExecutiveEnvironment Agency 97

C O U N T RY P R O F I L E : B U L G A R I A


Table of Contents


General InformationThe territory of Bulgaria covers about 111,000 square

kilometres. By presidential decree, the country hasbeen administratively divided since January 4, 1999 into28 regions and 262 municipalities. The population totalsabout 8 million, of which 68% live in municipalities.Nine cities have a population of more than 100,000. Thecapital city of the country is Sofia with a population of1,122,302. The average density of the population in thecountry is 74.2 persons per square kilometre. The mosturbanised parts of the country are the metropolitanareas Sofia, Plovdiv and Varna.

Air1

According to a comprehensive assessment of harm-ful emissions, 2,436 enterprises release pollution intothe air. The following data have to do with the basicpollutants commonly found in ambient air — sulphurdioxide, nitrogen dioxide, dust, carbon monoxide — aswell as specific pollutants such as lead, mercury, cad-mium, dioxins, furans and polyaromatic hydrocarbons.

Water2

The country has a well-developed water supply system,servicing 98% of the population. The number of water-supplied settlements is 4,517, which represents 84.6% ofall settlements (100% of towns and 81.32% of villages).

The Bulgarian State Standard on Drinking Water reg-ulates the quality of drinking water according toorganoleptic, physical, chemical, microbiological andradiological parameters. About 3% of the populationconnected to drinking water supply systems uses watercontaining high level of nitrates. In some regions thelevel of manganese in the water exceeds permissibl lim-its, which has a negative effect on the organolepticqualities of the water, and causes problems for themaintenance of the water supply network.

Annually, communities and commercial users collect1,152,198,000 cubic metres of wastewater.

Waste3

In 1997, waste collection amounted to 48 milliontonnes, in 1998 27.544 tonnes and in 1999 28.91mtonnes. This was mainly industrial waste.

(The distribution of the waste generated by type dur-ing the period is shown in Figure 1 below.)

National framework legislation5

The following national framework legislation wasenacted during the past few years:

• Horizontal legislation: Environmental Protection Act(State Gazette No. 86/1991; as amended in April2000). A new Draft Environmental Protection Act hasbeen prepared and approved by the Council ofMinisters. The new framework law will transpose the


Country Profile: Bulgaria

Waste generated by types

Year Municipal waste Construction waste, Industrial waste, Hazardous waste,in thousands of in thousands m3 in thousands of tonnes in thousands of tonnes tonnes

1997 3,628 805 43,586 1,100

1998 3,197 1,043 22,786 548

1999 3,204 1,343 23,664 706

2000 2,885 746 10,1034 758

FIGURE: 1

provisions related to environmental impact assess-ments (EIAs), integrated pollution and preventioncontrol (IPPC), access to environmental informationand the Seveso II Directives, and will ensure thebasis for implementation of the eco-labelling andEMAS Regulations.

• Air quality: Clean Air Act (State Gazette, No. 45/1996,as amended in March, 2000);

• Waste management: Law on Reduction of theHarmful Impact of Waste upon the Environment(State Gazette No. 86 /1987, as amended – StateGazette, No. 28/2000);

• Water quality: Law on Water (State Gazette No67/1999, in force since Jan. 28, 2000; as amended in2000). The law introduces the requirements of theEuropean Union (EU) Framework Directive onWater into Bulgarian legislation. The law also incor-porates 14 regulations under the framework.

• Nature protection: Protected Areas Act (State GazetteNo. 133/1998); Nature Conservation Act (StateGazette, No. 47/1967, as amended in 2000);

• Chemicals: Law on Protection from the HarmfulImpact of Chemical Substances and Preparations(State Gazette, No. 10/2000, in force from Feb. 5,2002). Six regulations under this law are being pre-pared;

• Ground resources: Ground Resources Act (StateGazette No. 23/1999 as amended in No. 28/2000);

• Nuclear safety: Law on the Use of Atomic Energy forPeaceful Purposes, as last amended (State Gazette,No. 71/1998);

• Energy: Law on Energy and Energy Efficiency, as lastamended (State Gazette, No. 1/ 2000);

• Urban planning: The law on Territorial Planning(State Gazette, No. 1/2001); and

• Soil Protection: Law on Protection of Soil fromContamination (State Gazette, No. 67/1999).

Other legislative proposals are in the process ofbeing adopted:

• New Environmental Protection Act (currently beforeParliament, to be adopted by mid 2002);

• Draft Biodiversity Act (before Parliament, to beadopted by mid 2002); and

• Draft Act on Genetically Modified Organisms (underpreparation).

These framework laws introduce guiding require-ments of the EU framework directives and create theopportunity to introduce the remaining “daughter”directives through regulations, some of which have

already been enacted and are being implemented. Most of the by-laws under the framework laws are

also been developed and adopted, and, according tothe National Programme for the Adoption of theAcquis (NPAA), national environmental legislationwill be fully harmonised with that of the EU by theend of 2002.

Bulgaria has adopted a preventive approach to envi-ronmental protection, and has begun implementingconcrete requirements on activities, manufacturingprocesses and products. EU requirements have beenadopted in the following areas:

• Air quality: air quality standards, emissions from sta-tionary sources;

• Waste management: requirements for facilities andmethods for waste processing and decontamina-tion; requirements for transportation, waste exportand import;

• Nature protection: requirements for commercialtrade of endangered species, establishment of anational network of protected territories and man-agement of their activities; prohibition of killing,hunting, harvesting, damaging and trading of speciesunder threat of extinction;

• Noise management: Introduction of stricter require-ments with respect to subsonic aircraft noise.

Future legislation concerning noise will be based onthe Framework Directive 2000/14/EC on noise emis-sions control. As this is a “new approach” directive, theby-law, which will transpose EU requirements into theBulgarian legislation, will be issued under the Law onTechnical Requirements for Products. Thirteen stan-dards under the Directive will be introduced as nation-al ones. With the adoption of a regulation under theLaw on Technical Requirements for Products and theintroduction of relevant standards, Bulgaria will achievefull harmonisation with EU legislation concerningnoise. The main noise regulation enacted in 1999 wasRegulation No. 4 on noise protection in communities(State Gazette, No. 41/1999). Noise and gas emissionsfrom aircraft fall under Regulation No. 16 (State Gazette,No. 8/1999).

AdministrationEnvironmental protection is administered, in

descending levels of authority, by the Ministry ofEnvironment and Water, (see Annex 1), the ExecutiveEnvironment Agency (see Annex 2) and 15 regionalbodies and municipalities. The decisions and nationalstance on environmental protection are taken directlyby the government, while the central state institution



setting environmental policy is the Ministry ofEnvironment and Water6 (MoEW). The MoEW is responsible for:

• development and implementation of the nationalpolicy on the environment;

• elaboration and implementation of national strategies,plans and programmes regarding environmental pro-tection and rational use of water and natural resources;

• harmonising legislation with the EU and creating hori-zontal legislation, including preparation of laws andregulations on water management, ambient air qualityand waste management, nature protection, chemicals,noise, accidental discharges into the environment andrisk management of industrial incidents;

• management of protected areas solely owned by thestate and distribution of water resources;

• making decisions on EIA and organising public discussions;

• issuing permits for the use of natural and mineralresources;

• setting tariffs and taxes for EIA;

• establishing sanctions for pollution or damage to theenvironment;

• management of the national environmental cadastre;

• organisation and carrying out of auctions and con-cessions;

• control over the implementation and enforcement ofdecisions on environmental protection;

• enforcement of sanctions included in environmentallaws;

• carrying out international negotiations concerningthe environment and overseeing Bulgaria’s obliga-tions in international agreements on environmentalprotection and the sustainable use of waters and nat-ural resources; and

• managing a national fund for environmental protection.

Fifteen Regional Inspectorates for Environ-ment andWater (RIEW) have been set up under the MoEW, eachof which covers its own territorial scope. RIEWs havemonitoring, enforcement and public information func-tions. Each oversees environmental concerns in at leastone but in some cases several municipalities. Theseactivities are as follows:

• overseeing the implementation of the environmentallegislation at the regional level;

• supporting municipalities in the preparation and therealisation of local policy in the field of environmen-tal protection;

• informing the public about the state of the environment;

• issuing decisions on EIA for sites and activities ofregional importance and on permits for waste treat-ment activities and facilities. RIEWs themselves pre-pare or participate in the preparation of documentsand carry out activities relevant to the State policyconcerning environmental protection and sustain-able use of nature;

• overseeing compliance with environmental stipula-tions of the directives and relevant national legisla-tive acts;

• issuing decisions, authorisations and permits anddrawing up written positions, action plans and pro-grammes concerning activities that are likely to affectthe environment;

• operating with the national system for ecologicalmonitoring on a regional level; and

• collecting and forwarding to the ExecutiveEnvironment Agency information concerning the stateof the environment and waters at a regional level.

The national Executive Environment Agency7

(BEEA) is an administrative body established underthe MoEW by Decree 214/29 November 1999 of theCouncil of Ministers on the adoption of theOrganisational Statute of the MoEW. The BEEA fallsunder the provision of the Regulations on the structureand activities of the National Centre for Environmentand Sustainable Development (State Gazette 52/1994),the former name of the BEEA. The BEEA was estab-lished to carry out and co-ordinate information andmonitoring services regarding the monitoring andpreservation of the environment in Bulgaria. BEEA isthe governing body of the National System forEnvironmental Monitoring (NSEM) and is a NationalReference Centre for the European EnvironmentAgency. The BEEA is responsible for:

• monitoring and laboratory analyses;

• developing methodological guidelines for the RIEWsregarding measurements and analyses;

• collecting and processing information about the stateof the environment and issuing related informationbulletins; and

• preparing and publishing a yearbook on the state ofthe environment in Bulgaria.

Institutions Connected to EPAsOther state bodies with responsibilities for environ-

mental protection are as follows:



• Ministry of Health: monitors impacts on the naturaland working environments that affect human health;determines the state policy for preventive healthcareand the quality of drinking water;

• Ministry of Agriculture, Forests and Land Reform: car-ries out activities related to the protection, restorationand maintenance of soil fertility; protection of waterfrom contamination with nitrates from agriculturalproduction; and use and protection of the forests;

• Ministry of Regional Development and Public Works:implements national policy in the area of territorialplanning and public works, develops water supplyand sewerage systems, and draws up the NationalPlan for Regional Development;

• Ministry of Transport: prepares norms for harmfulemissions from vehicles and oversees their imple-mentation; and

• Ministry of Energy and Energy Resources: elaboratesprogrammes for development of the energy sector,and particularly for the reduction of environmentalpollution by energy-related activities; develops andsupports the implementation of policies for effectiveand rational use of energy and use of alternativeenergy sources.

Other specialised state bodies supporting the develop-ment and implementation of environmental policy are:

• The Committee for Peaceful Use of Atomic Energy: aregulatory body in the area of nuclear safety andradiation protection; and

• The National Agency for Standardisation andMetrology: develops, updates, and carries out theharmonisation of Bulgarian state standards withinternational and EU standards related to environ-mental management.

The MoEW works closely with other ministries andinstitutions according to their responsibilities and prior-ities. Experts from other ministries draw up writtenpositions on activities likely to affect the environmentand take part in working groups concerning these kindsof activities or projects. Within the framework ofWorking Group 22 “Environment,” experts from each ofthe aforementioned institutions, as well as representa-tives of the country’s main environmental non-govern-mental organisations (NGOs), take part in the elabora-tion and adoption of new legislation modelled on EUenvironmental directives. Representatives of the NGOcommunity also participate in the high environmentalcouncils at the MoEW and the RIEWs.

Local administrationMunicipal bodies play an important role in the imple-

mentation of environmental policy. In this respect theirmain functions include:

• developing environmental protection programmesand action plans, primarily concerning air quality,urban waste, and water management;

• developing and implementing overall policy at alocal level on the collection, transportation, and safedisposal of municipal waste;

• overseeing the disposal of waste and hazardous sub-stances within their jurisdictions;

• overseeing the construction, maintenance and oper-ation of urban wastewater treatment plants;

• informing the public about the state of the environ-ment; and

• overseeing the observance of environmental laws bysmall facilities of local importance.

Connection Between the Permitting System and EPAs

The permitting system covers water quality and man-agement, nature protection, waste management, dan-gerous substances and ground resources management.In order to achieve full compliance with the EU envi-ronmental legislation, and in particular with the permit-ting system under the IPPC Directive (96/61/EC), theEnvironmental Protection Act will introduce require-ments for issuing integrated permits for new and exist-ing facilities and installations.

The following permits are issued by environmentalprotection institutions in Bulgaria.

Water Quality and Management SectorPermits for water use

Permits are issued under the Water Act, Article 44,(Secs, 1-3), which stipulates that such a permit shall berequired in all cases except when small amounts of water(not more than 10 cubic metres per 24 hours) are used forthe user’s own needs. The water use includes takingwater from bodies of water as well as the utilisation ofwater energy. Such a permit is not required for transfor-mation of water energy into electric energy through tur-bines of up to 20 kilowatts that do not impede water flow.

Permits for use of water bodiesThese are issued under the Water Act, Article 46, for:

1. new construction, reconstruction, or modernisationof existing systems and facilities for:



• adjusting outflow;

• linear infrastructure crossing water, including aqueducts, bridges, transfer networks and conduits;

• exploration and drawing from underground water;

• protection from the harmful impact of waters;

• discharge of water;

• the extraction of sand, ballast etc.; and

• recreation and water sports.

2. engagement in activities such as commercial fishing,fish breeding, and obtaining and breeding of aqua-culture and other biological resources;

3. other uncommon actions that affect the natural state ofa body of water, including covering sections of a riverand discharging water from a body of water into it.

Permits for the above-mentioned activities shall beissued under the provisions of the Water Act, except incases when an EIA is required as stipulated by theEnvironmental Protection Act and the decision onassessment contains all components of a permitrequired by the Article 56 of the Water Act.

According to the Article 52 of the Water Act, the permitsfor water use and use of water bodies are issued by:

1. the Council of Ministers when related to the needs ofdefence and the national security;

2. the MoEW for:

• water and dam use;

• use of domestic sea waters, and of the DanubeRiver, except for water transport purposes;

• transfer of water between water basins by man-made channels;

• discharge of wastewater containing dangerous substances into the ground;

• hydro-geological exploration and the con-struction or reconstruction of water intake facilities for underground waters;

• filling of newly constructed water bodies; and

• use of mineral waters under exclusive state ownership for which there is no concession.

3. the MoEW, after gaining consent from the Ministry ofDefence and the Ministry of Transport — for use ofparts of the Danube River, domestic sea waters, orthe territorial sea; and

4. the Director of the Water Basin Directorate for allother cases of water use and use of water bodiesunder public state ownership, other than those men-tioned in item 2.

Nature Protection SectorPermits for international trade in species of wild flora

and fauna are issued under the Nature Protection Act.Article 11 stipulates that import, export or re-export ofspecimens of plants, animals or clearly identifiable partsand derivatives thereof, which are protected under theConvention of International Trade in EndangeredSpecies of the Wild Fauna and Flora (CITES), shall beundertaken only after a permit is issued by the MoEW.

Waste Management SectorPermits for collection, storage or disposal of waste

are issued under the Act on Limitation of the HarmfulImpact of Waste upon the Environment. Article 12 stipu-lates that the collection, storage or disposal of waste shallrequire permits issued in accordance with the require-ments of the Act.

Permits for import, export or transit of waste throughBulgaria are issued under the Act on Limitation of theHarmful Impact of Waste upon the Environment. Article51 stipulates that the import, export or transit of wastethrough Bulgaria shall be allowed only under obser-vance of the safety requirements and with a permitissued by the Ministry of the Environment and Waters.This includes shipments:

1. for imports and transit in all cases unless otherwiseprovided in international agreements; and

2. for exports – if provided for in international agreements.

According to Article 37 of the Act on Limitation of theHarmful Impact of Waste upon the Environment, per-mits for activities involving waste collection, transporta-tion, storage, and treatment shall be issued by:

1. the RIEWs for factory waste and hazardous waste;

2. the MoEW, for factory waste and hazardous wasteoccurring on the territory of more than one RIEW;and

3. the mayor of the municipality where activity is per-formed for construction waste.

Dangerous Substances Sector Permits for the import of dangerous substances are

issued on the basis of the Decree of the Council ofMinisters, No. 12 on the import of dangerous substances,which stipulates that the import of dangerous substancesinto the territory of the Republic of Bulgaria shall beallowed under observance of the requirements of interna-tional agreements and national law and a permit issued bythe Ministry of the Environment and Waters.



Industrial Pollution Prevention and Control

Integrated permits for industrial pollution preventionand control: Article 117 of the new EnvironmentalProtection Act (to be adopted by Parliament by mid-2002) stipulates that the construction and operation ofnew installations and facilities, as well as the operationof existing installations and facilities, shall be allowedonly after the issuance of an integrated permit accord-ing to provisions of the Chapter on Integrated Permitsand of the relevant subsidiary legislation. The authorityin charge of permit issuing, review and revision will bethe MoEW or the director of the relevant RIEW.

Ground Resources Management According to Article 4 of the Ground Resources Act,

exploration for subsurface resources shall be carriedout on the basis of a license granted for prospecting,exploration or both. The extraction of subsurfaceresources shall be carried out on the basis of a grantedconcession.

Pursuant to Article 5 of the Ground Resources Act,the rights to subsurface resources exploitation shall begranted through:

• licenses for prospecting and/or exploration issuedby the relevant bodies pursuant to the Article 7 uponapproval by the Council of Ministers;

• licenses for prospecting or exploration of oil and gasand licenses for prospecting or exploration of sub-surface resources on the continental shelf or theexclusive economic zone. These are issued by theCouncil of Ministers based on a proposal by relevantbodies pursuant to the Article 7;

• concessions for extraction granted by the Council ofMinisters based on a proposal by relevant bodiespursuant to the Article 7;

• concessions for extraction pursuant to Article 3, para-graph 2 granted by the respective municipal councilsafter co-ordination with the MoEW.

According to Article 7, competent authorities includethe ministries of Environment and Water; Economy; andRegional Development and Public Works.

Permits granted in 2000 included:

• 800 for waste management;

• 1,239 for water quality and management;

• 69 for ground resources;

• 2,500 for import and export of plants or animals;

• 1,962 for importing dangerous substances; and

• 12 for the import of ozone-depleting substances.

Identified needs of the permitting system are as follows:

• more staff to check for compliance with permit condi-tions. As spelled out in chapters 6 and 7, approxi-mately 400 inspectors check nearly 17,000 sites a year(including scheduled and complaint-driven checks).

• more capacity and expertise for providing advice.This requires good training in compliance promotionand in law. In Bulgaria, part of the difficulty is thatinspectors cannot keep abreast of the steadilyincreasing body of new legislation.

Environmental Control in BulgariaEnvironmental legislation spells out specialised regu-

latory, administrative, and investment measures in theseparate environmental areas of air, waste, industrialpollution prevention and risk management.Furthermore, there are a number of horizontal mea-sures concerning environmental management issues ofcrucial importance for the achievement of one of themost important aims of the modern environmentalmanagement in Europe — integrated prevention andcontrol of pollution in all area of the environment.

The bodies designated to carry out environmentalcontrol activities are the MoEW and its RIEWs. Theimplementation and enforcement of national environ-mental legislation is overseen at the regional level bythe 15 RIEWs and three national park directorates. Theircontrol activity is co-ordinated by the Directorate forCo-ordination of the RIEWs within the MoEW.

The RIEWs are equipped with 15 laboratories forwater quality analysis, 15 laboratories for air qualityanalysis (both of emissions and ambient air), nine labo-ratories for soil quality analysis, and seven laboratoriesfor radio-ecological analysis. Through the RIEWs theMoEW oversees 57 urban wastewater treatment plants,approximately 2,800 local wastewater treatment plantsand around 900 air purification facilities. The state ofambient air, as well as that of surface, ground and sea-water are overseen at the respective designated sites.

The control functions of the RIEWs are provided forin the Statute on the Structure and Activity of the RIEWsand include oversight of:

• environmental components’ compliance withrequirements of the relevant legislation concerningemissions of pollutants and standards relating to thestate of the environment— gauged according tocomponents, regions and type of pollutants;

• activities of enterprises or facilities that may affect orpollute the environment;

• existing sites and activities and sites under construction;



• waste collection; storage, treatment; collection, anddisposal of sludge from wastewater treatment plants;as well as waste reuse, recycling, and recovery;

• preservation and development of green eco-systemsin human settlements and conservation of animal lifeand species;

• pollution of surface and ground water due to acci-dents or accidental discharges;

• compliance with limits established in permits forwater use; wastewater discharge; hydro-geologicalresearch; and use of thermal water sources, watersystems, and facilities;

• compliance with conditions established in EIA decisions.

The needs for compliance checking and pro-motion are as follows:

• development and implementation of compliancepromotion strategies; compliance checking isplanned and quite well organized in Bulgaria,despite the lack of sufficient human resources, butcompliance promotion is an issue to be consideredin the future (eventually in light of the EnvironmentalManagement and Audit Schemes and Ecolabeling tobe introduced as an option with the newEnvironmental Protection Act); and

• development and implementation of condoningstrategies.

Enforcement ProceduresEnforcement of environmental law in Bulgaria

includes preventative measures, operational controlsand follow-up control.

Preventive measures: These are carried outthrough the EIA, environmental permits, environmen-tal statements, etc. The EIA procedure is the basicinstrument of preventive environmental control. It isharmonised with EU requirements, including its scopeand the need for pro-active public participation in theprocedure. The new Environmental Protection Act willfully conform with the requirements of the EUDirective related to the scope of activities subject toassessment, definitions of principles and procedures,and trans-boundary impacts. The adoption of a newRegulation on Environmental Impact Assessment isanticipated within one year after the adoption of thenew Environmental Protection Act.

The MoEW oversees EIA procedures. The HighEnvironmental Expert Council is the decision-makingbody on EIA reports. The Council consists of expertsfrom the MoEW, the Ministry of Regional Development

and Public Works, the Ministry of Health, the Ministryof Agriculture and Forestry and the Ministry ofEconomy. It also includes representatives of munici-palities and NGOs.

Operative controls: These are carried out by theRIEWs and include regular checking, surveillance andthe taking of measurements related to:

• conservation of air, water and soil quality;

• preservation and sustainable use of naturalresources;

• implementation of structural plans;

• waste treatment; and

• biodiversity conservation.

Follow-up controls: These cover enforcement ofadministrative and economic measures including fines,penalties, cease-and-desist orders or even prosecutionfor violation of the environmental laws. Bulgaria fol-lows a streamlined policy based on the “polluter pays”principle. The law provides for full coverage of thecosts of water supply and wastewater treatment, as wellas for urban waste treatment, through taxes paid by thebeneficiaries of these services.

In the case of trans-boundary pollution, accidents orhazards, the MoEW and the RIEWs carry out clean-upsand work geared toward avoidance of the spread of thepollution into other areas of the environment. TheMoEW is responsible for carrying out these activitiestogether with:

• the State Agency for Civil Protection;

• the Ministry of Internal Affairs (In charge of theDangerous Substances Division, Customs PoliceDivision and Fire-Precaution Division);

• the National Service for Plant Protection, Quarantineand Agro-Chemistry within the Ministry of Agricultureand Forestry;

• regional health inspectorates within the Ministry ofHealth;

• regional district authorities and municipalities; and

• NGOs.

Needs of the inspectorates include training in:

• the technical aspects of enforcement practices,including continuous programmes aiming tostrengthen the administrative capacity for enforce-ment in the fields of chemicals, waste management,major accident prevention, integrated pollutionprevention and control, and nature protection;

• environmental law; and

• human resources management.



Environmental Inspectorates:Human Resources

The human resources available for 15 RIEWs andthree national park directorates have been increased in2001 compared to 2000. (See Figure 2 below.)


On average, RIEW experts annually participate in theclean-up of 50 accident sites, inspect approximately 17,000facilities, draw up about 1,800 citations against pollutersand impose approximately 450 sanctions. (See Figure 3.)

There are no official statistics regarding appealsagainst such citations or court cases related to enforce-ment of the environmental law.

Some EUR 1,700,000 was collected in 2000 in envi-ronmental fines. In general, these funds are reinvestedthrough the National Environmental Protection Fund inenvironmental protection measures.

Needs for inspectorates are as follows:

• development of performance indicators;

• training in laws, especially the newly enacted ones; and

• training in site visits related to new legislativerequirements (for instance, integrated permits com-pliance checking).



RIEW No.10 Number of staff 2000 Number of staff 2001

1. Blagoevgrad 21.0 23

2. Bourgas 40.5 46.5

3. Haskovo 30.0 31

4. Montana 24.5 25.5

5. Pazardjik 22.5 26.5

6. Pleven 33.0 33

7. Plovdiv 41.0 42

8. Rousse 37.0 38

9. Shoumen 21.0 21

10. Smoljan 19.0 21

11. Sofia 62.0 64

12. Stara Zagora 35.0 36

13. Varna 41.0 44

14. Veliko Turnovo 25.0 25

15. Vratza 24.5 25.5

RIEW TOTAL 477.0 502.00

National Parks Directorates

1. Central Balkan 38 61

2. Pirin 27 41

3. Rila 55 73

NPD TOTAL 120 175

TOTAL 597 677(Approx. 400 inspectors)

FIGURE: 2

Human resources of 15 RIEWs and three national parks directorates (2000 and 2001)9

Data Storage And Retrieval SystemsThe MoEW oversees collection and dissemination of

information concerning the state of the environmentand the environmental impacts of various activities. TheMoEW maintains registries of: permits issued for wasterelated activities and water use; EIA reports; sanctionsimposed for pollution in accordance with the relevantlegal provisions; protected areas; and international pro-jects co-ordinated by the MoEW.

The BEEA is responsible for collection, processing,storage, and publication of environmental information.

The RIEWs assist the MoEW and the BEEA in imple-mentation of environmental legislation on the locallevel and also have the task of informing the publicabout the status of the local environment.

The National Statistical Institute (NSI) collects andprocesses information on expenditures for environmen-tal protection and long-term material assets designatedfor environmental purposes. NSI is also concerned withinformation on water supply and use; noise levels insettlements; emissions of harmful substances into the

air; the amount of wastewater produced by municipali-ties and big industrial polluters; and industrial andmunicipal waste.

The National Meteorology and Hydrology Institute(NMHI) collects, processes and stores data on theweather and climate, as well as on quantitative charac-teristics of surface and ground water.

The National Catalogue of Data Sources was devel-oped and added to the MoEW’s web page in December2001. The Catalogue is a Meta database, containinginformation on who holds environmental informationin Bulgaria, what kind of information is available andhow users may access it. In addition, all the above-mentioned institutions maintain specialised databases,registries, and cadastres relevant to their roles andresponsibilities.

The Environmental Executive Agency has created anational information system on the different aspects ofthe environment. It has a hierarchical structure andincludes the creation of local databases in the RIEWsand a national database in the BEEA. The system’s aimis to create an overall environmental information net-



Number of Number of Number of Number of Number of sites reports drawn up penalty sanctions fines exceeding inspected against polluters statements issued imposed BGL 2000

(up to BGL presented for 200012) MoEW’s approval13

1. Blagoevgrad 569 29 24 30 -

2. Bourgas 1,343 69 105 35 4

3. Haskovo 612 68 37 10 5

4. Montana 1,159 147 145 15 -

5. Pazardjik 943 89 88 14 3

6. Pleven 1,187 127 86 12 9

7. Plovdiv 900 110 109 22 6

8. Rousse 951 68 156 25 3

9. Shoumen 1,330 317 355 60 5

10. Smoljan 740 38 28 3 -

11. Sofia 1,865 162 178 9 12

12. Stara Zagora 1,201 163 135 26 1

13. Varna 1,645 260 194 58 7

14. V. Turnovo 1,147 105 104 12 3

15. Vratza 580 100 55 12 5

TOTAL: 16,161 1,835 1,755 375 57

FIGURE: 3

Operations control carried out by RIEWs in 2000 (Jan. 4 - Dec. 29, 2000)11

work which is organised, has applied software anddatabases, is compatible with other networks and iscentralised.

Almost 80-90 percent of environmental informationis kept by the MoEW and its various branches; theRIEWs and BEEA in particular. The information systemis under development, but the data that is available isstored in electronic form (60 percent) and on hardcopy. Three types of database software are operated:MS Access, d-Base and Oracle. Since the different data-bases are not compatible, it is envisaged that in thefuture, the available information will be processedentirely by Oracle.

The needs for data storage and retrieval are asfollows:

• software for databases;

• training in use of databases;

• computer hardware; and

• industrial activities inventory.

Environmental Monitoring System,Access to Information

The BEEA was established to carry out and coordi-nate the information and monitoring services regardingthe control and preservation of the environment inBulgaria. The BEEA is the governing body of theNational System for Environmental Monitoring (NSEM)and is the National Reference Centre for the EuropeanEnvironment Agency. The BEEA is managed by anexecutive director and has 120 employees. At theregional level, the NSEM is operated by the 15 RIEWs.Thus, through NSEM, the BEEA is carrying out indirectoversight of the environment. (See Figure 5.)

National System for EnvironmentalMonitoring15

The NSEM, administrated by the EnvironmentalExecutive Agency, covers the whole country and sup-ports a database on both national and regional levels.The system provides timely and reliable information on



Number of Number of Number of Number of Number of sites reports drawn up penalty fines fines exceeding inspected against polluters statements issued (up to BGL BGL 2000

2000) presented for MoEW’s approval)

1. Blagoevgrad 255 44 32 5 3

2. Bourgas 383 10 1 38 3

3. Haskovo 298 45 42 3 2

4. Montana 572 73 68 3 -

5. Pazardjik 424 22 16 16 -

6. Pleven 560 34 32 5 2

7. Plovdiv 589 56 52 8 2

8. Rousse 445 69 56 21 2

9. Shoumen 335 78 95 25 -

10. Smoljan 381 25 15 3 -

11. Sofia 1,213 58 36 19 3

12. Stara Zagora 326 30 22 13 1

13. Varna 834 95 140 4 6

14. V. Turnovo 458 42 40 5 1

15. Vratza 257 26 26 6 2

TOTAL 7,330 707 673 174 27

FIGURE: 4

Operative control carried out by RIEWs in 2001 (Jan. 2, - June 29, 2001)14

environmental matters. On this basis, analyses, assess-ments, and prognoses for activities relating to preserva-tion and conservation of the environment are prepared.

The primary data from the local networks of the NSEMis obtained through automated stations and convention-al sampling sites. After reliability assessment, this infor-mation is submitted to local databases via manual orautomated input. Following the necessary processing,the information is transferred via telex to the BEEA. Atpresent, real-time data is valid only for the automatic sta-tions for gamma-background radiation and for two of theair quality stations. Monitoring data is centralised in theNational Database of BEEA which is not currently inte-grated by components.

Air16

Ambient Air Quality ControlThe National System for Quality Control of the

Ambient Air consists of 66 stationary monitoring stationslocated at 37 installations, of which 16 are automated sta-tions for ambient air quality checks, and five are OPSISsystems. The system for ambient air quality monitoringalso includes six mobile automatic stations equipped totake measurements in different parts of the country. Thesystem for ambient air quality monitoring operates in auniform and consistent way.

The basic components that are measured include: totalsuspended particulates, sulphur dioxide, nitrogen dioxide,hydrogen sulphide, lead aerosols, ozone, carbon monox-ide, ammonia, chlorine, aerosols of hydrochloric acid andsulphuric acid, phenol, arsenic aerosols and heavy metals.All automatic stations also measure meteorological data —temperature, humidity, wind direction and velocity, solarradiation, and atmospheric pressure.

Emissions controlLarge commercial operations are required to monitor

themselves. Mandatory checks for harmful substance

emissions of 150 large industrial enterprises are carriedout annually by RIEWs. There are four mobile automat-ed stations and eight mobile analysers for emission con-trol. Statistical data is also collected and analysed formore than 2,000 industrial enterprises and other sourcesof emissions, in accordance with the classifications ofthe EU. The BEEA also receives data from the NationalStatistics Institute.

EUROAIRNET incorporated Bulgaria into the EUEnvironmental Monitoring and Information Network ofthe EU (concerning air pollution) in 1997. Forty-two mea-suring points from NSEM are included in the Europeannetwork. This information is collected, processed andreported on by the BEEA in terms set out by the EuropeanEnvironment Agency.

Water17

Surface Water MonitoringThe National Network for Surface Water Monitoring

consists of 250 sampling sites for manual sampling andthree automatic stations at the Struma, Mesta andMaritsa rivers for observation and control in real time.

The sampling sites are categorised according to theirlocation as follows: 49 background sampling sites, 114ordinary sampling sites, 22 impact sampling sites, 12border sampling sites, 24 dam sampling sites, eight lakesampling sites and 24 coastal sampling sites. Samplesare taken monthly at all sites, except the backgroundsites where the sampling is seasonal — four times ayear. The samples are analysed based on the specificparameters included in the governing legislation(Regulation Nos. 7 and 8 on coastal water).

The main measurements are of temperature, pH lev-els, dissolved oxygen, oxygen saturation, electrocon-ductivity, COD — manganese, BOD, nitrogen indexes,phosphorus content, dissolved and suspended solids,COD — chromium, chlorides, sulphates. Additionalparameters, specific to each site and dependent on local



Lab equipment, New equipment Sampling and Improving of the Maintenance of chemicals, spare provisions inspections information system technical systemsparts,operation (in BGL) (in BGL) (in BGL) (in BGL)of the monitoring stations (in BGL)

5,104,213 162,471 369,619 81,000 53,000

TOTAL 5,770,303

FIGURE: 5

Resources available for operation of the NSEM19 in 2001

human activity, include levels of heavy metals, deter-gents, phenol, cyanide, petroleum products, pesticidesand polyaromatic hydrocarbons.

Biological monitoring of surface watersBiological monitoring of surface waters started in

1992. At present, 1,200 sampling sites have been desig-nated along the rivers at intervals of five to 10 kilome-tres. The Biotic Index is used for assessing the quality ofsurface water according to five levels. This method pro-vides the opportunity for long-term integral assessmentof pollution through analysis of sensitive benthicmacroinvertebrate communities.

Microbiological monitoring of surface waters

Microbiological monitoring of surface waters is car-ried out three areas of the country — Sofia, Stara Zagoraand Smoljan. The sampling sites are identical to the net-work’s sampling sites for physical and chemical moni-toring of surface water and the sampling frequency isthe same. The microbiological parameters are analysedaccording to Regulation No. 7 (State Gazette 96/1996):total bacteria, total coli-forms, thermo-tolerant coli-forms and pathogens.

After measurement points for surface water inBulgaria were designated according to the requirementsof the European Environment Agency, the country wasincluded in the European monitoring network forwaters, EUROWATERNET. The Bulgarian part ofEUROWATERNET includes three automatic stations sit-uated on the Struma, Mesta and Maritza Rivers.

Ground Water MonitoringThis network covers 234 observation sampling sites

where samples are taken two to 12 times a year, accord-ing to parameters outlined by Bulgarian State Standard2823 of 1983 concerning drinking water. This standardimplements a basic program for monitoring. At somesampling sites, measurements are taken for other sub-stances related to the particularities of the area.

The basic monitoring programme includes measure-ments of: temperature, pH level, alkalinity, COD —Manganese, electroconductivity, redox potential, cumu-lative hardness and dissolved and suspended solids.Measurements are taken of all the major ions — calci-um, magnesium, chlorides, sulphates, hydrogen car-bonates, carbonates, ammonia, nitrite, nitrate, phos-phates, total iron, and manganese. Additional parame-ters include the following non-organic pollutants: sele-nium, fluorides, sulphides, cyanides, natrium, potassi-um, barium, heavy metals and arsenic. Organic pollu-tants subject to monitoring include total extractable sub-stances, petroleum products, surfactants (anionic deter-gents and non-ionic detergents), phenols, poly-aromat-

ic-hydrocarbons (PAHs), and organo-halogenated sub-stances (chloroform, polychlorinated biphenols (PCB)and organo-chlorine pesticides).

The Bulgarian part of EUROWATERNET’s monitor-ing network for groundwater was developed in May2000. A total of 74 water bodies have been designatedand information about their hydrology, including mini-mum, annual and maximum rainfalls, and geologicalcharacteristics, is currently collected.

Underground Resources, Land and SoilsSoil pollution with heavy metals and metalloids

The national network for observation and control ofsoil pollution with heavy metals and metalloids wasorganised according to pollution sources. The totalnumber of sampling sites in the network for observationand control is 339, divided by pollution source as fol-lows: industry (100), application of chemicals (99), irri-gation (60), and motor transport (80).

The main observed pollutants are lead, cadmium,zinc, copper, and arsenic. Additional assessments arecarried out where there are concentrations above themaximum permissible concentration or there aremobile forms of the elements. The soil samples aretaken and analysed in accordance with ISO standards.

Soil pollution with organic compoundsA project was launched in 1997 for monitoring of soil

pollution by three groups of organic compounds: poly-aromatic-hydrocarbons (PAHs), polychlorinated-biphe-nols (PCBs) and organic chloro-pesticides. The networkincludes monitoring sampling sites for the control ofpollution from heavy metals from industry and agricul-ture. Gas-chromatographic analyses are made accord-ing to ISO/CD 10382.2. In September 2000, the networkwas reduced to 20 sampling sites, including 11 for spotsources, four for linear sources, and five for backgroundsources. The observation period is three years.

Soil acidificationIn 2000, a project for soil activity monitoring in

Bulgaria was launched, covering 70 testing grounds.The sampling frequency is dependent on soil type andis conducted every one, two, three or four years. Thesamples are taken at two depths. They are analysedwith respect to soil activity (pH in KCl) and the contentof ion-exchange (H+, Al3+, Mn2+, Ca2+, Mg2+).

Soil salinityA project was also launched in 2000 for soil salinity

monitoring. The monitoring network includes 13 test-ing grounds and has been organised on the basis of salinity type.



Soil erosionThere is a project under way according to which soil

erosion monitoring is to be organised with relevance tothe three types of erosion – water, wind and irrigation.

Radiological Control18

National Automated System for RadiationControl in Real Time

The National Automated System for RadiationControl in Real Time in Bulgaria was created in 1997 tomeet international obligations concerning the safe utili-sation of nuclear energy for peaceful purposes, and toserve the monitoring of trans-border transmissions ofnuclear materials. The system is completely automatedand has a hierarchical structure. It consists of 26 localgamma background monitoring stations (LMSs) cover-ing the entire country. There is a higher density of mon-itoring stations around the Kozloduy Atomic PowerPlant. All LMSs are supplied with measurement andcommunication equipment. Related structures alsoinclude the National Reaction Centre within thePermanent Commission for Population Protection inCase of Disasters and Accidents (Civil DefenceDepartment) established by the Council of Ministers.

All information concerning the operation of the mea-suring and communication facilities of LMSs and themeasurements taken are collected, processed andstored in the database of the BEEA Central MonitoringStation. They are then transmitted to the users of thesystem. A mobile monitoring station is maintained to beused in the event of accidents.

Monitoring is carried out according to the followingparameters: sediments; waste; content of natural andartificial radionuclides in soils; radon over the depositsof the mining industry; radionuclides in ambient air;total activity; and ground- and surface water content ofuranium, radium and tritium.

The needs for monitoring and sampling are asfollows:

• training in modern sampling techniques and

• quality assurance, especially with respect to the auto-matic monitoring stations.

Distribution of environmental informationAccess to information is regulated by the Access to

Public Information Act (State Gazette 55/2000). In gen-eral, the information is provided in a primary form butit is also available in pre-processed form or, in somecases, processed according to request. The newEnvironmental Protection Act includes a specialChapter (II) related specifically to provisions on accessto environmental information.

According to provisions of the current EnvironmentalProtection Act, available information that already existsin forms of bulletins, annual reports, legislation, andother MoEW publications, is available free of charge. Inmost cases, such information may be downloaded fromthe websites of MoEW or BEEA20 free of charge.Examples include the daily bulletins on air quality andgamma-background, quarterly and annual bulletins onthe state of the environment, etc.

While some publications are provided free of charge,others are offered for a small charge. Examples includethe Annual Bulletin on the State of the Environment(BGL 5), Annual Report on the State of the Environment(“Green Book” — BGL 5), and the Quarterly Bulletin onthe State of the Environment (BGL 3). Information isalso submitted free of charge to members of theNational Assembly, municipal bodies, and to under-graduate, post-graduate and Ph.D. students.

The information transmitted to state organisationsnormally follows preliminary signed inter-institutionalagreements for information exchange. In most casesthese concern the transfer of primary information.

When there is a request for specially processed infor-mation, the price shall be agreed upon in advance on acase-by-case basis, depending on the information typeand designation. When primary information is provided,the fee should be 10 percent of the cost of the analysesperformed, plus the costs for transmitting the data. It is notpossible for the fee to be based simply on the averagemonthly salary of the employee involved in handling therequest because the cost strongly depends on the expen-ditures for collection and maintenance, type and numberof parameters, methods for obtaining the information, etc.

Various specialised annual monitoring reports con-taining environmental information are also published.

Published and/or electronically accessible reportsare as follows:

• daily bulletin (available only on the BEEA web page);

• quarterly bulletin on the state of the environment;

• annual bulletin on the state of the environment;

• annual report on the state of the environment (hardcopy and electronically);

• Bulgarian-Romanian information bulletin (publishedevery six months, hard copy only); and

• monthly information bulletin of the MoEW (hard copy).

Format of requesting informationAccording to the MoEW’s rules, information is only

provided upon receipt of written request that preciselydescribes the type of information requested and thepurposes for which it shall be used.



At present, it is not possible to accept informationrequests sent via electronic carriers, because systems forhandling such requests have not yet been developed.

The BEEA has installed a special public server inorder to facilitate data exchange, but the systemrequires that the available and incoming data beinputted in certain designated types and formats. Oneproblem is that the available servers are of low capacityin respect to their specifications (RAM 64MB and HDD4 + 2.6MB), and another is that the databases vary insoftware and applied nomenclatures, which makesthem incompatible.

Efforts to reach various usersExcept for the above-mentioned reports and means

of dissemination, the MoEW manages two informationcentres (located at MoEW and BEEA) and two websites.These are the means for providing to the public a widerange of useful environmental information, includinglegislation, projects, initiatives, web links in the forms ofuser groups, and other types of intranet activities, suchas those in the CIRCLE of EIONET network.

The publication “Who is Doing What for theEnvironment, published by MoEW and the RegionalEnvironmental Center for Central and Eastern Europe(REC), is being updated and will be available on theMoEW website together with a list of contact addressesof institutions producing environmental data.

The time frame for answeringinformation requests

The time frame for responding to informationrequests is established by the Access to PublicInformation Act. According to the provisions ofChapter 3, Part 2, Article 28 of the Act, every institutionhas to respond to requests for information of publicinterest within 14 days. In cases where the authoritydoes not possess the information requested or addi-tional data is required, the response period may takeup to one month as per Chapter 3, Part 2, Article 29 ofthe same Act.

Legal reasons for information denialA decision to deny requests for environmental infor-

mation may be made for the following reasons:

• the request is for information that contains statesecrets, or confidential business information;

• the request contains opinions and positions in regardto ongoing or future negotiations, or data relevant tothem;

• the request concerns the interests of a third party thathas not granted consent; or;

• the information was already provided to the appli-cant during the previous six-month period.

All these exemptions are detailed in Chapter 3, Part3, and Article 37 of the Access to Public Information Act.

Appeals procedure for non-response or refusal to grant information

The legal procedure for appealing denials or failures toprovide environmental information is given in Chapter 3,Part 4, and Article 40 of the Access to Public InformationAct. According to this provision, such a denial may beappealed in the district courts or Higher AdministrativeCourt. If the court establishes that the denial is unlawful,it can fully or partially reverse the decision and oblige theinstitution to release the requested information.According to Article 42 of the Act, the officials in charge,who without giving reasons, do not provide in due time aresponse to the request, or who do not observe a courtdecision on information access, are subject to fines of var-ious amounts. In the new Environmental Protection Act,all types of denials are explicitly described.

Compliance AssessmentAs it can be concluded from the previous chapters,

the procedures for assessing environmental complianceare related to both planned checking of self-monitoringdata from industrial activities and complaint-driveninspections, carried out by the enforcement bodieswithin the system of the MoEW and the RIEWs.

The needs for compliance assessment are asfollows:

• development and implementation of strategy oncompliance assessment on the basis of complianceindicators.

Enforcement Performance andReporting Capabilities

The major tools for assessing the “demonstrationvalue” of specific enforcement activities are as follows:

• average number of citations issued (1,800);

• fines imposed against polluters per year (450); and

• the amount of fines collected (EUR 1,700,000 in 2000).

There are no statistics available on the number ofcourt cases won.

In general, improvement of the state of the environ-ment is not linked to the enforcement responses whenreported. The annual state of environment reportsreflect the state of the environment only and need to be



indicator-based and organised in the DPSIR (DrivingForces, Pressures, State Impact Responses) scheme.

The needs for enforcement indicators andreporting capabilities are as follows:

• indicator-based reporting; writing of annual reports;and

• credibility-testing “peer” reviews.

Needs Assessment: Summary of Current Problems21

The current problems faced by the authorities relat-ing to the implementation and enforcement of the envi-ronmental legislation are mainly with respect to:

• human resources and training of personnel;

• technical equipment, hardware/software upgradingand improvement of existing information systems;and

• databases and, in particular, environmental informa-tion in electronic databases.

All of the above are related to limits of availablefinancial resources.

Human resourcesIn various recent reviews of the state of progress in

the environmental field, it has been emphasised that theavailable human resources for dealing with implemen-tation and enforcement of the new environmental legis-lation, as well as with the operation and maintenance ofrelevant databases, are insufficient. Moreover, due tothe turnover in trained personnel, an important prob-lem is the need for continuous training and updating ofrapidly developing information technologies.

TrainingThe lack of trained personnel for environmental mon-

itoring, inspections and information dissemination isrelated to the fact that an enormous amount of legislation(more than 70 acts and regulations) has been fast-trackedthrough Parliament in the last four years alone.Therefore, the staff needs regular training or assistance in:

• implementation of the new environmental legisla-tion, especially the law related to integrated pollu-tion prevention and control provided for in theIPPC Directive;

• development and implementation of a new genera-tion of public information systems;

• structuring and processing information according tothe EU requirements for reporting;

• implementing an indicator-based approach to assess-ment of the state of the environment; and

• development of a core set of indicators for the prepa-ration of national environment reports.

Experts involved in the monitoring and reporting sys-tem in Bulgaria agree that there is a need for in-depthstudy, reassessment and further development of theexisting monitoring system, of its structure and scope,and of the overall environmental information system.

Financial resources and technical equipment

A complete financial balance sheet for the develop-ment and operation of the necessary information systemshas not been made. Part of the necessary infrastructurewas purchased through the PHARE programme in 1994-1996; thus it is outdated and does not meet the increas-ing needs of the BEEA. Substantial repair, renovation andacquisition of spare parts are required.

On an annual basis, requests are made for fundingfrom the national budget and the National EnvironmentalProtection Fund (NEPF) (in amounts ranging betweenBGL 100,000–150,000) for specialised servicing, spareparts, hardware, software, and communication support.Unfortunately, the available funds are insufficient. Onedisadvantage to planning in this area is the lack of aspecial budgetary line in the state budget and/or theNEPF, covering the establishment and operation ofinformation systems.

The implementation of new environmental legisla-tion requires revisions of software application pro-grammes, which creates difficulties in information pro-cessing, and delays tasks which otherwise could becompleted on time.

The lack of GIS prevents the collection of informa-tion on population, agricultural area, forests, and otheraspects in relation to environmental components. Thedevelopment of GIS was included as an important taskin the BEEA Work Plan for 2002.

There are still problems in relation to the reliability ofquality control data, especially with respect to automat-ed monitoring stations. These include a lack of staff incalibration laboratories, accreditation of those laborato-ries, lack of money for consumables, and service forautomatic stations.

ConclusionBulgaria has already adopted most of the basic regu-

lations and is working on others that are meant toensure compliance with EU environmental legislationby the end of 2002. Even though this represents reason-ably good progress over two years, EU harmonisation is



just the first step of a complex, lengthy and expensiveprocess. Implementation of EU-based legislation is thereal challenge for the accession countries in general andBulgaria in particular. Being aware of this, the countryis ready to make the necessary efforts with necessaryoutside help to achieve the ambitious task of imple-menting and enforcing this voluminous and dynamiccollection of environmental laws and regulations.

ENDNOTES

1) Data is taken from the ISPA Strategy 2000, available at the MoEW’sweb page <www.moew.govrn.bg>

2) Data is taken from the ISPA Strategy 2000.

3) Data is taken from the Annual State of Environment Bulletins for therespective years.

4) The obvious difference from previous years is related to the newlyadopted classifications of waste. With the adoption of Order RD-323/1998 of the Ministry of Environment and Water and the Ministryof Health on waste classification (State Gazette, No. 120/1998) —available on the Ministry web pages — Bulgaria has taken theEuropean Waste Catalogue (Decision 94/904/EC) as its national wasteclassification.

5) Available on the MoEW’s web page: <www.moew.govrn.bg>.

6) MoEW’s organizational chart (last up-dated according to the admin-istrative structure adopted with Decision of the Council of Ministers –State Gazette No 91/2001) appears in Annex 1.

7) BEEA Chart provided as Annex 2

8) Explained in detail in the Chapter on Environmental Monitoring

9) Information provided by the Directorate for Control of the RIEWswithin the MoEW

10) In alphabetical order


12) EUR 1 = BGL 1.96 (Central Bank rate)

13) The MoEW is the competent authority to take final decisions onimposing sanctions amounting to more than BGL 2000.


15) Information provided by the Monitoring and SustainableDevelopment Directorate within the BEEA

16) Information provided by the Monitoring and SustainableDevelopment Directorate within BEEA

17) <www.nfp-bg.eionet.eu.int>

18) Based on (and presenting in detail) what has been identified in thedifferent chapters of the Report

REFERENCE DOCUMENTS

National Environmental Strategy and Action Plan 2000-2006,MoEW, PHARE Programme, 2000

ISPA Strategy for Environment 2000

Review of the environmental protection results, UN, 2000

Green Books 1997, 1998, 1999, 2000



LIST OF ABBREVIATIONS

BEEA (Bulgarian) Executive Environment Agency

EIA Environmental impact assessment

EPA Environmental Protection Act

MAF Ministry of Agriculture and Forestry

MoEW Ministry of Environment and Water

MoH Ministry of Health

NSEM National Environmental Monitoring System

NEPF National Environmental Protection Fund

NGO Non-governmental organisations

NMHI National Meteorology and Hydrology Institute

NSI National Statistical Institute

RIEWs Regional Inspectorates of Environment and Water

KEY CONTACTS

MINISTRY OF ENVIRONMENT AND WATER

• Directorate for Control of the Regional InspectoratesNikolai Kenanov - DirectorTel: (359-2) 940-6248Svetla Krapcheva – Senior State ExpertTel: (359-2) 940-6289E-mail: [email protected] Alla Neronova - ExpertTel: (352-2) 940-6289

• Strategy and European Integration DirectorateSlavitza Dobreva – Head of European Integration DepartmentTel: (359-2) 940-6258E-mail: [email protected] Camelia Dikova – Legal ExpertTel: (359-2) 940-6243E-mail: [email protected] Nelly Ilieva – Senior ExpertTel: (359-2) 940-6299E-mail: [email protected]

• Water DirectorateVladimir Dontchev – Senior Expert Tel: (359-2) 940-6523E-mail: [email protected] Teneva – Senior Expert Tel: (359-2) 940-6227E-mail: [email protected]

• Waste DepartmentNikolai Doitchinov – Senior State ExpertTel: (359-2) 940-6638E-mail: [email protected]

• Executive Environment Agency Monitoring and Sustainable Development DirectorateKrassimira Avramova - DirectorTel: (359-2) 940-6481E-mail: [email protected]

• Soil and Forest Monitoring Dept.Ivanka Todorova – Head of DepartmentTel: (359-2) 940-64805E-mail: [email protected]

• Air Monitoring DepartmentMilena Todorova – ExpertTel: (359-2) 940-6475E-mail: [email protected]

• Water Monitoring DepartmentGeorgi Mirinchev – Head of DepartmentTel: (359-2) 940-6485E-mail: [email protected]

• Waste Monitoring Dept.Ekaterina Koulisheva – Head of DepartmentTel: (359-2) 940-6488E-mail: [email protected]

• Information DirectorateZhenia Vulcheva – IT ExpertTel: (359-2) 940-6418E-mail: [email protected]

• National Statistics Institute Department of Environmental analysis Stoyanka Mastikova – ExpertTel: (359-2) 985-72637E-mail: [email protected]



Abbreviations and Contacts



Annex 1: Structure of the Ministry of Environment and Water

FIGURE 6

Minister ofEnvironment and Water

Deputy MinisterSpecialised

Administration

ParliamentarySecretary

Head of theMinister‘sCabinet

NationalEnvironmental

ProtectionFund


Administration


Administration

SecretaryGeneralGeneral

Administration

DirectorateCoordination

of the15Regional

Inspectorateson

Environmentand

Water (RIEW)15 RIEW

ChemicalsSector

DirectorateWater

Dept. ofWater

Utilisation

Dept. ofWater-Body

Protection

DirectorateGeology

andProtection

ofSubsurface

DirectoratePreventionActivities,

airProtectionand Waste

Management

Dept. ofProtection

ofSubsurfaces,ResourcesEvaluation

andBalance

Dept. ofEIA and

IntegratedPermitting

Dept. ofNational

Geofund andGeology

Dept. ofAir

Protection

Dept. ofWaste

Management

DirectorateNationalNature

ProtectionService

DirectorateStrategy, EUIntegration

andInternationalCooporation

Dept. ofStrategy,

Pre-AccessionPrograms

andProjects

Dept. ofEU Integration

SectorInternationalCooporation

DirectorateLegal Services,

Finances,Property

Management,Civil Defence

and PR

Dept. ofLegal Services,

Chancelleryand PR

Dept. ofFinances,

Accountingand HumanResources

HumanResources

Sector

Dept. ofProperty

Management,Civil Defence

andInformation

Services

ExecutiveEnvironment

Agency



Annex 2: Structure of the Executive Environment Agency

FIGURE 7

Executive DirectorBoard ofDirectors

General Secretary

DirectorateEnvironmentalMonitoring and

SustainableDevelopment

Air Department

Water Department

Lands, Forests andProtected Area

Department

Waste and HazardousSubstances Sector

Ionization andNon-Ionisation

Radiation Sector

SustainableDevelopment

Sector

Air QualityControl Laboratory

Water QualityControl

Labarotory

Inorganic PollutionControl

Laboratory

Organic PollutionControl

Laboratory

RadiologicalControl

Laboratory

Information SystemService

Department

Programming andData Processing

Department

GIS and CadastreDepartment

Information andPrinting

Department

Quality Control ofthe Soils and Waste

Sector

BiologicalLaboratories Sector

Calibration andAutomatic Stations

for Air Control Sector

FinancialAccounting Sector

EconomicAccounting Secto r

Human ResourcesSector

DirectorateAnalytical

Laboratories

DirectorateInformation Systems

and Technologies

DirectorateAdministrative Service

Finances andProperty

Management


Country Profile: Croatia

Prepared byGordana Pehnec Pavlovic

April 2002

C R O A T I A

Zagreb

Osijek

AdriaticSea

B O S N I A A N DH E R Z E G O V I N A

H U N G A R Y

S L O V E N I A

I TA LY

A U S T R I A

Split

Rijeka

Knin

Dubrovnik

50 100

kilometres

0

Introduction 101

General Information 101

Administration 105

Institutions Connected to EPAs 108

Permitting System and Connection to the EPA 110

Environmental Control 111


Environmental Inspectorate Human Resources 112



Environmental Monitoring System 115


Enforcement Performances and Reporting Capabilities 116

Endnotes 118

Annexes

Annex 1: Structure of the Ministry of Environmental Protection and Physical Planning 119

Annex 2: Review of Regulations in the Field of the Protection of Nature and the Environment in Croatia 120

Annex 3: Ministry of Environmental Protection and Physical Planning 121

Annex 4: Inspection Report for 2000 123

C O U N T RY P R O F I L E : C R OAT I A


Table of Contents



IntroductionThis report is based on the Environmental Strategy

that accompanies the National Environmental ActionPlan adopted by the Croatian Parliament in 2002. It alsorelies on interviews and the Report on the Current LegalStructure and Resources Available to the Inspectorate inCroatia.

General InformationAir

Air emissions have been reduced during the last 10years and air quality has improved. The main reason isthe economic recession (caused by war) and the initia-tion of economic reforms. In comparison with otherEuropean countries, Croatia’s per capita emissions arelow and, as regards trans-boundary movement, thecountry is mainly an ‘importer’ of sulphur oxides (SOx)and nitrogen oxides (NOx).

In 1998, emissions of principal pollutants into theatmosphere were considerably lower than in 1990: sul-phur dioxide (SO2) emissions were down by 50 per-cent, nitrogen oxides (NO3) by 13 percent, non-methane volatile organic compounds (NMVOC) by 25percent, carbon monoxide (CO) by 47 percent,methane (CH4) by 27 percent, ammonia (NH3) by 37percent and carbon dioxide (CO2) by 16 percent.Ninety-two percent of SO2 emissions are a product ofcombustion. The NOx emissions are mostly caused bytransport (63%). The majority of NMVOC emissionscome from natural sources. The main source of ammo-nium emissions is agriculture (more than 70 percent).NH3 emissions are slowly but continuously decreasing,mainly because of a reduction in the number of live-stock. CO2 emissions in 1998 were 20.4 megatonnes(Mt), showing a trend toward an increase. Methaneemissions from natural sources — which make upabout half of total emissions — are constant, and thosefrom agriculture are decreasing. nitrous oxide (N2O)emissions are also mainly from agriculture (60%).

Croatia is party to the UN Framework Conventionon Climate Change and belongs to the group of coun-tries that have committed themselves to keeping the

level of greenhouse gas emissions down to 1990s levels.Croatia also ratified the Kyoto Protocol and committeditself to reduce greenhouse gas emissions to 1990s lev-els (95 percent of the present level) in the period from2008 to 2012. Among heavy metal emissions, lead (Pb),cadmium (Cd) and mercury (Hg), the highest emissionsare those of lead — mainly from transport (98 percent).Leaded petrol will be banned by the year 2005. Sulphurand nitrate precipitation was registered in the area ofGorski kotar and parts of northwest Croatia.

Chloroflourocarbons (CFCs) that deplete the ozonelayer are completely imported. Total per capita con-sumption of these substances is about 0.09 kilograms,which is significantly lower than that of developedcountries. Being party to the Montreal Protocol, Croatiais committed to gradually abandoning the use of CFCsand halons by the year 2010.

The existing air-quality monitoring network inCroatia covers about 38 percent of the country’s popu-lation and 90 percent of the urban population. Air pol-lution is categorised as excessive (category III) in 15percent of the country’s towns; medium (category II) in60 percent of towns; and clean or slightly polluted in 25percent of towns (category I). Excessive or medium pol-lution has been recorded in the cities of Zagreb, Sisak,Rijeka, Split, Sibenik, Pula and Kutina. So far, only fourmonitoring stations have been equipped with automat-ed monitoring devices.

Inland WatersCroatia is rich in water resources and has relatively

wide rivers and a karst area that is particularly importantfor the water cycle. The per capita water volume isassessed at approximately 7,000 cubic metres. But ifone takes into account border- and cross-border waters,(not including the Danube and Neretva rivers), the fig-ure comes to 17,000 cubic metres. Potable waterreserves are relatively large and 85% of water for water-supply systems is tapped from the ground. Seventy-three percent of the population is connected to the pub-lic water system.

Six out of 10 people, mainly those living in cities,are connected to a sewerage system. The typical sew-erage system is a combined drainage system. In rural

Country Profile: Croatia

settlements, wastewater drainage mainly flows intoseptic tanks.

The quality of river water is generally below desiredlevels. The number of municipal wastewater treatmentplants in Croatia is small. Even the capital, Zagreb, lackssuch a facility. In 1997, only 21 percent of wastewaterwas treated. Of that, 81 percent was mechanically pre-treated, about 6 percent was biologically treated, and 13percent was water used in industry that was pre-treated.

Water quality and quantity are monitored through anationwide monitoring network — one that needs to beupgraded.

Underground waters have yet to be sufficiently studied.Flood defences cover approximately 500,000

hectares. There are more than 460 torrents (rivers proneto flooding) that are partly regulated or in need of reg-ulation. Flood and torrent management should be anational priority.

WasteAbout 9 million tons of waste are generated annual-

ly (two tons per capita). Three-quarters of waste isprocess waste. The share of municipal waste in totalwaste is 13 percent, while sorted secondary raw materi-als (over 95 percent comes from process waste) makeup 11 percent of total waste. Landfills are the onlymeans currently available for solid waste disposal.

Organised municipal waste collection is available toless than 60 percent of the population. About 98 percentof total disposed waste ends up in 160 official (large)dumping sites, which, with rare exceptions, have notbeen adequately designed and, as a consequence, haveno basic protective measures. In 80 dumping sites, haz-ardous waste is mixed with municipal waste, and envi-ronmental pollution has been clearly detected at 40dumping sites. Only seven landfills have been grantedoperating licenses.

Methane (landfill gas) emissions from landfillsmake up 4.5 percent of total greenhouse gas emis-sions in Croatia.

Recovery projects have been initiated at severalindustrial and hazardous-waste landfills. Almost noth-ing has been done about municipal waste-dumpingsites that should, pursuant to Croatian regulations, beeither converted into landfills or closed down by theyear 2002. No hazardous-waste landfill has been built,and no more than 10 percent of hazardous waste is dis-posed in a regular and adequate manner. Only inZagreb has the implementation of integrated wastemanagement been initiated to any extent.

Nature ConservationDue to its geographic position and diversity of ter-

rain, Croatia has an abundance of different habitats and

ecosystems, especially considering its size. One suchspecific habitat is the karst region.

About 8 percent of the territory is under some sort ofprotection. Of the 325 protected areas, eight are nationalparks, 10 are nature parks and two are strictly enforcedreserves. Horticultural landmarks (114) are the largestgroup. About 400 endemic plants and mushrooms andabout 40 animal species have been recorded. An increas-ing number of species is endangered. These include 226species of spermatophytes and 41 species of mammals.The state demonstrated its commitment to nature con-servation by passing the National Biological andLandscape Diversity Strategy and Action Plan in 1999.

Soil and ForestOf the total land area of Croatia (5,654,256 hectares),

arable land covers approximately 50 percent, forestland 44 percent, and non-arable land 6 percent.According to statistics, arable soil loss totalled 203,000hectares (5,205.12 hectares per annum) in the periodbetween 1959 and 1998. However, the total area ofmeadows, mire, reed land and fishponds increased by44,000 hectares, giving a net arable soil loss of 159,000hectares (4,076.92 hectares per annum) in that period.

Approximately 85 percent of forest land has greatmanufacturing potential. Forests are mainly a result ofnatural growth. Considerable damage occurredbetween 1992 and 1998, with each year seeing damagedone to 15.6 percent to 30.3 percent (in 1995) of trees.There is a slight trend towards an increase in the dam-age being done. In 2000, damage was registered on 21percent of the various tree species. However, forestdegradation in Croatia has never exceeded theEuropean average.

Forest fires are a particularly difficult problem, andthey occur most frequently in the coastal area. During2000, 33,212 hectares were consumed by forest fires,mainly in southern Croatia. Of that, 25 percent was highand low forests. During the war, 243,700 hectares offorests were planted with land mines, 12 percent of totalforest land.

Coastal and Island AreasMost of the Croatian Adriatic is still oligotrophic and

clean. In the northern Adriatic, rather intensive algae

blooming, resulting from increasing eutrophication,was recorded in the summers of 1988, 1989, 1991, 1997and 2000. Algae blooming was also registered in someparts of the central Adriatic Sea.

Nutritive salt concentrations come mainly fromrivers flowing into the north Adriatic rivers, with theriver Po contributing to over half of total phosphorusand nitrogen, i.e. approximately 75 percent of inorgan-



ic forms of nutritive salts. The majority of this import isof anthropogenic origin.

Centralised sewerage systems have been built onlyin larger urban and industrial centres. Less than 35 per-cent percent of wastewater is collected in the seweragesystems, and less than 10 percent is treated in waste-water treatment facilities.

Another specific problem is that of illegal develop-ment — a nation-wide phenomenon — particularly inthe coastal vicinity. No efficient mechanisms have beenset up for addressing the problems caused by suchbuilding activity, although enormous efforts have beeninvested in its prevention.

The islands are the most economically unsustain-able parts of the coastal region. Regardless of theNational Strategy of Island Development, state mea-sures for the improvement of their position have pro-duced no positive results. Human emigration anddepopulation are still predominant characteristics ofthe Adriatic islands.

Fires are one of the greatest dangers in this region.

Chemicals ManagementThere is no existing framework legislation on chem-

icals that can be used as a guideline for improvementsor elimination of deficiencies resulting from the sectoralapproach in chemicals management. Slowly, but surely,the number of companies introducing health securityand environmental protection programmes (HSE pro-gramme and the ISO 9000 and 14000 certificates) isincreasing.

Scientific research has failed to produce a suffi-cient basis for analysing the properties of newchemicals. No information system has been set upfor the exchange of information regarding themovement of hazardous chemicals and hazardouschemical waste. Designation and packaging systemsare also inadequate.

TransportMost of Croatia’s transport is road-based, but the

vehicle fleet is obsolete and the fuel quality is belowthat of developed countries. Due to its impact on airquality, transport is one of the major health and envi-ronmental risks in urban areas. This is due primarily tothe low quality of liquid fuels (high concentration oflead, sulphur and benzene), the improvement of whichis a high priority. Public transport has decreased byapproximately 50 percent in the last decade.Development of new roads is on the increase, whileparticular attention in this respect will be given to theprotection of karst regions.

EconomyNo mechanisms have been set up to encourage the

adjustment of the economic sector to cleaner produc-tion. A relatively small number of companies have ISO9000 and ISO certificates.

Legal, institutional and technical frameworks havebeen set up for prevention and response in relation toaccidents at work, the transportation of harmful sub-stances, explosions and fires, accidental water contami-nation, accidental sea contamination and other environ-mental accidents. A system has been developed for theimplementation of the Environmental Emergency Plan,National Water Protection Plan, and Contingency Planfor Accidental Marine Pollution in Croatia.Headquarters for emergency response have been set upboth on the national and regional (county) levels, andcommunication units, emergency action units andexpert units have been set up.

Biological SafetyApart from industrial biotechnology for genetic

modifications of micro-organisms important for indus-try, no commercial genetic modifications are made onplants and animals in Croatia. However, it is possible toimport genetically modified organisms from neigh-bouring countries. For that reason, a special law shouldbe drafted.

RadiationAccording to the International Atomic Energy

Agency criteria, Croatia is listed as a Type-B.Radioactive materials are widely used in industry, med-icine and research, but there are no commercial nuclearreactors. Storage of low and medium-level nuclearwaste has not been resolved, but temporary repositoriesare both safe and well organised. Currently, about 50cubic metres of depleted ionised radiation sources andother used radioactive substances are stored in tempo-rary repositories, and their activity is approximately 1.4terabacquerel (TBq). Preparations have been carriedout for the selection and construction of a permanentstorage facility.

The field of non-ionising radiation is not regulatedby law.

NoiseNoise protection has been insufficiently addressed

in Croatia, particularly in the early phases of planningand development. There is a lack of data on noiseemmissions that have been registered during monitor-ing. The major noise sources have not been deter-mined, nor the number of those affected by this type of



‘pollution’. Neither has it been delineated who shouldoversee the matter. The Ministry of Health has initiateddrafting of the Law on Noise Protection. The establish-ment and improvement of the noise protection system,as well as the implementation of its measures, areamong the main objectives of the Croatian Action Planon Environment and Health.

Environment and Public HealthPollution of air, water and soil, inadequate waste

management practices, excessive noise and exposure tonon-ionising and ionising radiation, have caused anincrease in the number of sick people, as well as adegradation in the condition of those already ill. It isestimated that poor potable water quality affects thehealth of about 10-15 percent of the population.

Microbiological pollution of food has caused occa-sional epidemics. The major causes of epidemics aresalmonella and toxic staphylococci, and the parasitetrichina.

Leaded petrol is still widely used in Croatia, and is apossible public-health hazard, particularly to youngpeople.

A particular risk left over from the war are landmines. According to estimates, about 10 percent of theterritory is mined.

Institutions and LegislationInstitutional organisation is still inadequate for the

implementation of the principles of sustainable devel-opment. The Ministry of Environmental Protection andPhysical Planning needs to broaden its authority. Thereis still no specialised environmental agency. Accordingto plans, such an agency should be established in 2002.The environmental information system has not been setup. There is no systematic financing framework, andthe majority of laws and regulations need to be har-monised with European Union (EU) legislation. A spe-cial environmental fund is in the process of being estab-lished. Neither in the public domain nor in other sectorshave sustainable development principles been suffi-ciently integrated. Awareness-raising campaigns andpromotion of wider public involvement in daily politi-cal life and environmental concerns will have to be car-ried out on a more permanent basis.

Environmental Protection PrioritiesA series of actions and enormous investments have

to be carried out in order to improve the quality of theenvironment. As expected, solid waste and wastewatermanagement are the priorities. Considerable invest-ments (e.g. construction of a series of new landfills andrecovery of existing ones, urgent construction of sewer-

age systems in 70 towns and construction of 20 waste-water treatment plants) will have to be made in thecoming years. Special attention has to be given to haz-ardous-waste disposal. Air quality will be improvedthrough the use of fuels with zero or reduced levels oflead and sulphur. Additionally, Croatia will encourageenvironmentally friendlier means of transportation forgoods and passengers. Institutional strengthening willbe of particular importance and among other things,will include the establishment of an environmentalagency and environmental fund. This will also includethe setting up of a comprehensive, unified monitoringand information system, as well as the training of per-sonnel. Natural resources and the management of pro-tected areas need considerable improvement.

National and Local LevelsSustainable development is not achievable unless all

the stakeholders are involved. It is very important toensure good conditions for involving stakeholders, andto mobilising various sectoral policies. Furthermore,collaboration of the administration with other targetgroups and other states must be ensured.

On the national level, government policy mustincorporate environmental principles into all other pol-icy areas which directly or indirectly affect sustainabledevelopment1.

Close cooperation is necessary between differentadministrative levels. It is also necessary to clearly definethe division of authorities and responsibilities. It is partic-ularly important to ensure the equal standing of smallercommunities (administrative units) with larger ones.

It is not possible to achieve sustainable develop-ment on a global level unless it has been attained on thelocal level. Most environmental concerns are identifiedon the local level, and this is where the general publichas the most influence. The local level is also whereauthorities can affect changes in behaviour, production,consumption and use of space.

Croatia, like all other countries in transition, faces aproblem of inefficient regulation and administration,including that of the environmental field. Other sectors,particularly the private sector, are better organised andexploit the weaknesses of environmental administration.

The sphere of environmental protection is regulatedby different administrative bodies, each with strictlydefined powers and jurisdiction, thus preventing anintegrated/sustainable approach to environmental pro-tection. This refers primarily to water resource adminis-tration (which has always been an independent unit),nature conservation, environmental protection andphysical planning. Since 1990, administrative bodiesdealing with physical planning, environmental protec-tion and nature conservation have been established inan attempt to resolve this problem. In 1990, the Ministry



of Building, Environmental Protection and Housingencompassed the departments of EnvironmentalProtection, Nature Conservation and Physical Planning.Although the environmental protection field has gainedimportance on the global scale, in Croatia there isincreasing internal division. This problem was exacerbat-ed when the Nature Conservation Department wasremoved from the ministry’s authority. The ministry waslater reorganised and the environment fell under theState Directorate for Environmental Protection. This wasfollowed by the re-establishment of the NatureConservation Department, within the State Directorate.In 2000, the Ministry of Environmental Protection andPhysical Planning was established, with the hope of final-ly creating conditions for efficient implementation of theenvironmental protection policy. However, environmen-tal protection has been characterised by internecine rival-ries between different authorities, even among thosewho carry out similar activities. Many still insist on stick-ing to a narrow sector-by-sector approach. In addition tothe Ministry of Environmental Protection and PhysicalPlanning, other bodies of state administration (such asthe Ministry of Agriculture and Forestry, Ministry ofHealth, Ministry of Maritime Affairs, Transport andCommunication, Ministry of Economy and State WaterDirectorate) perform within their scope of tasks related toenvironmental protection. (Annex 1 gives an overview ofthe internal organisation of the Ministry of EnvironmentalProtection and Physical Planning.)

Some responsibilities have been transferred to theregional level, some to county offices and some tomunicipalities.

The present state of administrative organisationreveals numerous weaknesses, including:

• the weak position of environmental offices withinthe state administration;

• the wide dispersal of environmental protectionauthorities among various departments and institu-tions with no efficient horizontal coordination;

• institutional barriers to harmonising development poli-cies based on sustainable development principles, andthe lack of a sustainable development body2;

• inadequate organisation and shortage of humanresources in all parts of the environmental adminis-tration — a deficiency that could stymie efforts tomerge with the EU;

• lack of environmental expertise that could help withpolicy implementation;

• lack of a comprehensive information system, whichpoints to the need for an institution such as theEnvironmental Agency, which is supposed to comeonline in 2002;

• insufficient negotiations with stakeholders outsidethe state administration in passing of legislation,which leads to laws that are unrealistic and cannot beimplemented;

• unregulated financing for environmental protection(with the exception of water protection) and a lackof earmarked funds and financial incentives;

• poor coordination between authorities with similarresponsibilities (e.g. those who look after water,nature, the environment and soil), and conflictinglegislation regarding their work; and

• lack of equipment and insufficient human resourcesat inspectorates.

Currently, environmental responsibilities are notclearly assigned — a problem underscored in theUnited Nations (UN) Environmental PerformanceReview on Croatia (UNECE 1999)3. A major problem isthe shortage of personnel4 and their lack of qualifica-tions5. Therefore, the establishment of an efficientorganisational structure at the Ministry ofEnvironmental Protection and Physical Planning alongwith capacity building and an increase in responsibili-ties to encompass all segments of environment, will bethe most important priorities in the implementation ofthe Environmental Strategy adopted in 2002.

AdministrationMinistry of Environmental Protection andPhysical Planning

The Ministry of Environmental Protection andPhysical Planning (MoEPPP) was a product of the Lawon Amendments to the Law on Structure andCompetence of Ministries and State GovernmentOrganisations (Official Gazette, No. 15/2000), whichcame into force on February 5, 2000.

The MoEPPP took over responsibilities of the formerMinistry of Zoning, Construction and Housing in areasrelated to physical planning, site permits, building permits,operation permits, urban planning and building inspec-tion, as well as legal and administrative matters that corre-spond to all of these. In addition, MoEPPP took charge ofthe tasks and responsibilities of the former StateDirectorate for the Protection of Nature and Environment.

Specifically, MoEPPP is in charge of:

• preparing regulations and performing administrativechecks and other administrative and expert duties inthe field of environmental protection,

• referring to the general environmental policy in pro-viding conditions for sustainable development; pro-tection of air, soil, water, sea life, plants and otheranimals and the interactions between all of these;



• proposing, promoting and monitoring measures forenvironmental improvements;

• ensuring maintenance of the pollution cadastre(monitoring);

• managing an environmental information system;

• establishing environmental protection measures andrequirements and ensuring compliance;


• preparing proposals for environmental standards;

• carrying out environmental inspection activities;

• supporting environmental education and research;

• carrying out research, surveys and promoting natur-al heritage sites;

• operating the central information and documentationservice;

• determining and evaluating the characteristics ofprotected natural treasures;

• maintaining central records of protected natural areas;

• prescribing criteria for the establishment of publicneeds programmes regarding nature protection;

• organising, coordinating and supervising financingof environmental protection;

• evaluating work conditions of legal and natural per-sons with environmental competencies;

• ensuring favourable conditions for the protection ofnature;

• controlling activities including transfer, export andimport of protected natural resources;

• determining requirements for the use of protectednatural resources, and managing them in compliancewith regulations;

• setting special construction requirements in order toprotect natural heritage sites;

• performing inspections to ensure proper executionof nature-protection activities; and

• performance of other miscellaneous MoEPPP duties.

At the moment there is no other environmentalagency in Croatia, but the MoEPPP is due to beginestablishing an Executive Environment Agency at theend of 2002.

Currently, one of the structural units of the MoEPPPis the Inspection Division. Its inspectors have the samerights and duties as other MoEPPP employees. The min-ister is responsible for all MoEPPP activities.

Environmental Inspectorate Current Status

The Inspection Division was established in 1995,and it has operated this way since 2000.6 (See Annex 1.)The Inspection Division has four departments:

• Department of Inspection of Structures underConstruction;

• Department of Physical Planning Inspection;

• Department of Environmental and Nature ProtectionInspection; and

• Department of Legal Affairs, Monitoring andExecution Procedure.

Within this structure, inspectorate management con-sists of the following:

• Section of Inspection of State Structures underConstruction;

• Section of Inspection of Structures underConstruction within the Scope of Regional Units;

• Section of Environmental Protection Inspection;

• Section of Nature Protection Inspection;

• Section of Execution Procedure; and

• Section of Legal Affairs and Monitoring .

The Inspection Division performs inspection con-trols in the field of physical planning, building, envi-ronmental protection and nature protection by control-ling the following:

• the work of state bodies and participants during thebuilding process;

• the work of state administration bodies and localgovernment units in the process of drafting, adoptingand implementing documents on physical planningand land-use monitoring;

• implementation of environmental protection stan-dards and measures, and the manner and conditionsof work of entities authorised to perform environ-mental protection actions;

• the work of public institutions and persons who manageor execute activities in protected parts of nature or inany other way influence their quality; and

• implementation of other measures to protect biodi-versity and nature stipulated by the NatureConservation Act.

The duties of inspectors at the MoEPPP, along withthe above, include:



• supervising implementation of ratified internationaltreaties concerning environmental protection;

• resolving second-instance complaints against first-instance inspection decisions;

• proposing environmental improvement measures; and

• determining guidelines for work and enforcement ofthe set environmental regulations and measures.

The Inspection Division employs eight seniorinspectors and 25 inspectors in county offices who carryout inspection control of implementation of environ-mental laws and regulations. Along with other duties inthe competence of county offices, county-level envi-ronmental protection activities are currently performedby one or two officials — one expert adviser and oneenvironmental inspector. For effective environmentalprotection at the local level, it is critical that the stateand local government — especially concerning inspec-tion duties and other administrative affairs — are close-ly linked. (The list of names, addresses and contactsappears in Annex 3.)

The duties of county environmental inspectorsduties include:

• inspection control over the implementation of envi-ronmental standards,

• monitoring procedures and emissions,

• implementation of environmental measures, and

• record-keeping, etc.

After establishing the inspection services and newconditions of work that resulted from re-establishingthe MoEPPP, a considerable number of direct inspec-tion actions have been carried out in all areas of control.(The Inspection Report for 2000, along with someexamples, is provided in Annex 4.) MoEPPP should aimfor an efficient and systematic implementation of con-trolling for all its inspectorates.

It is also necessary to establish closer cooperationwith other inspectorates, particularly concerning con-trol over maritime resources, waters and waterresources, exploitation of mineral resources, etc. Forthis reason, particular attention will have to be paid tothe standardisation of work and the actions of the direc-torate’s inspectorates and individual inspectors.

Regarding joint activities, the adoption of new regula-tions is an important part of the Inspection Division’swork, along with the task of developing a new publicimage of the inspectorates, particularly the buildinginspectorate. The latter has attracted general attention dueto its more resolute actions against the illegal building.

In addition to its regular activities, the directorate’sinspectorates exert control over:

• dumpsites and landfills (as well as the determinationof their condition and possibilities of remediation ofthe existing dump sites);

• those obliged to provide data for air-emission inventory,

• public environmental protection institutions; and

• protected species of plants and animals and endan-gered habitats outside protected areas.

Since inspection control is a very important MoEPPPactivity, it is imperative to provide for regular and con-tinuous checks across the country. This should be doneby employing a necessary number of inspectors withadequate qualifications and equipment. The key prob-lems related to inspection activity include:

• uncoordinated work of inspection services in certainministries (for health, labour, waters, environmentalprotection and physical planning);

• shortage of environmental protection inspectors,particularly in large industrial centres such as Zagreb,Split, Rijeka and Osijek;

• insufficient number of nature conservation inspectors;

• lack of modern quick-reaction technology and sup-port of information technology; and

• unharmonised regulations underlying the activitiesof all bodies of the MoEPPP and other inspectorates.

Objectives and MeasuresThe following measures are: proposed to

improve inspectorate activity (O1, see Figure 1below):

M1-Provide conditions for continuous training andequipping of inspectorates.

M2-Provide conditions for better information flow bysetting up the environmental protection informationsystem (EPIS).

M3-Create a more systematic follow-up of stipulationsin EIAs and building permits.

M4-Intensify awareness-raising activities and promoteinspectorate activities.

To establish closer collaboration with other inspec-torates (O2, see Figure 1 below), the following mea-sures are proposed (see Figure 1 below):

M5-Improve cooperation with other inspectoratesregarding the control over maritime resources,waters and water resources, exploitation of mineralresources, building and chemical products.

M6-Pay special attention to the standardisation of workand the action of directorate inspectorates and indi-vidual inspectors.





Water InspectorateThe State Water Directorate, including the Inspectorate

for Water Protection, is part of the government administra-tion but lacks a minister, and therefore does not participatein government activities. However, it has obligations simi-lar to those of governmental water authorities.

The National Water Inspectorate at the State WaterDirectorate performs inspection duties and tasks laiddown in the Law on Waters (Narodne novine No.107/1995) and the Law on Water ManagementFinancing (Narodne novine No. 107/1995). TheNational Water Inspectorate supervises the work ofcounty water inspectorates, determines guidelines fortheir activities and undertakes various other measuresto improve their work organisation.

County water inspectorates supervise the implemen-tation of laws and regulations, and implementation ofwater management measures. Water inspectors, pur-suant to Article 45 of the Law on Water ManagementFinancing, oversee the implementation of laws and reg-ulations and calculate water management charges and

water protection charges. Stronger efforts are needed toorganise county water inspectorates to provide for moreintegrated control at the county level.

There is also the Croatian Water ManagementEnterprise, which has equipment for water monitoring.The Water Management Enterprise is obliged to providedata to the State Water Directorate upon the request.

Administrative needs are as follows:

• a basic environmental law;

• specific sectoral laws; and

• standards.

Institutions Connected to EPAsEnvironmental protection is divided between differ-

ent administrative bodies (sectors, directorates) withseparate responsibilities, which often prevents an inte-grated, sustainable approach to environment protec-tion. This pertains primarily to water related problems

Objective Measures Level Responsible Terms, yrs.organisation

O1 M1 Provide conditions for continuous training and equipping N,R,L MoEPPP LT of inspectorates

O1 M2 Provide conditions for better information flow by N,R,L MoEPPP MT establishing the EPIS

O1 M3 Create a more systematic follow-up of stipulations in N MoEPPP LT EIAs and building permits

O1 M4 Intensify awareness-arising activities and promote N MoEPPP LT inspectorate activities

O2 M5 Improve cooperation with other inspectorates regarding N,R MoEPPP ST/control over the maritime resources, waters and water MMATC LTresources, exploitation of mineral resources, building and SWD chemical products

O2 M6 Pay special attention to the standardisation of work and N MoEPPP ST/the action of directorate inspectorates and LTindividual inspectors

Legend:

Responsible organisationSWD - State Water Directorate, MoEPPP – Ministry of Environmental Protection and Physical Planning, MHS - Meteorologicaland Hydrological Service, MMATC - Ministry of Maritime Affairs, Transport and Communications Level(N) National, (R) Regional, (L) LocalTerm (time necessary to implement measures and activities)PR – Priority, ST - Short-term (0-2 years), MT - Mid-term (2-5 years), LT - Long-term (more than 5 years)

FIGURE: 1

Inspection control

(which have always been overseen by an autonomousadministrative unit), and those connected to nature, theenvironment, physical planning, soil and forests. Theresponsibilities for nature and environmental protectionwere brought up to the MoEPPP level only in 2000. TheMoEPPP is in charge of issuing location and buildingpermits, environmental impact assessment (EIA) proce-dures and waste management problems. (Figure 2 givesan overview of the administrative bodies performingtasks important for environmental protection.)

Some of the responsibilities have been transferred tocounty offices at the regional level, while others havebeen transferred to municipal governments. Accordingto the Law on Waste, local government is responsiblefor municipal waste management (organisation, collec-tion, disposal and financing) while counties are respon-sible for industrial waste disposal. The management ofhazardous waste has been raised to the state level.Municipalities are also responsible for wastewater treat-ment, though financial burdens are borne partly by thestate. After an EIA has been elaborated, location permits

(for waste and for water) and building permits will beissued at the state level via county offices. Locationsmust be marked in physical plans.

The MoEPPP works closely with other ministries andinstitutions, according to their competences and priori-ties. Experts from other ministries draw up written posi-tions on different activities that are likely to affect theenvironment, and take part in working groups concern-ing these kinds of activities or projects.

As mentioned earlier, environmental county officesare open in seven towns. They are very importantbecause they collect data from polluters, and also par-ticipate in issuing permits.

Needs for cooperation with other institutes areas follows:

• national inspectorates with an integrated approachtoward enforcement;

• inspectors covering all aspects of environmentalhealth and protection issues in an integrated manner;



Ministry of Agriculture and Forestry Agricultural land management, genetically modified food

Forest protection

Ministry of Health Protection against noise

Protection against radioactivity

Hazardous substances

Ministry of Maritime Affairs, Transport Sea protection and Communications

Ministry of Education and Sport Environmental education

Ministry of Defence Hazardous substances

Ministry of Interior Fire

Hazardous substances

Ministry of Economy Waste import

Ozone Depleting Substances (import/export)

Ministry of Justice and Public Administration Penal code

Ministry of Science and Technology Scientific research

Scientific projects and environment protection

Higher education

State Water Directorate Water management

State Institute for Standardisation and Metrology Standards

Institute for Toxicology Hazardous substances

Hydrological and Meteorological Service of Croatia Climate

FIGURE: 2

Administrative bodies performing tasks significant for environmental protection,and the scope of their activities

• national and regional coordination bodies foraddressing environmental crime;

• national investigation bodies for environmentalcrime; and

• a national institute for environmental research toprovide service inspectorates.

Permitting Systemand Connection to the EPA

The permitting system covers the following:

• location permits, which allow developers to build ona certain site (related to zoning);

• EIAs that are conducted when issuing location per-mits and other special permits related to water, for-est, nature, etc; and

• building permits.

Croatia has a long track record of conducting EIAs.The first code was passed in 1984. Since then, EIA leg-islation has been constantly fine-tuned in order to:

• improve the procedure;

• bring it into line with the best world practices, and

• assume relevant rights and duties within the interna-tional community.

EIAs are prescribed by Articles 25-32 of the Law onEnvironment Protection (NN 82/1994). The procedureis defined by the Regulations on Environmental ImpactAssessment (NN 27/2000). The procedure must envis-age possible detrimental impacts of planned projects onthe environment, and recommend adequate environ-mental protection measures.

By regulation, an EIA should be carried out beforethe issuance of a location permit. It is recommendedthat it be carried out as early as possible — ideally-however, before project plans are finalised, beforesite selection and before settling on significant tech-nologies that will be used on the site. EIA resultsshould be available during the elaboration of strate-gies, programmes or plans in economic, physical ortransportation-related development. The EIA shouldalways be consulted before plan acceptance — notafter — but that is not always the case. Croatia is nowplanning to introduce strategic environmental assess-ments (SEA) for certain projects, which is in compli-ance with the EU Directive on Assessing theEnvironmental Impact of Certain Plans andProgrammes. (Figure 3 shows a simplified flowchartof the EIA procedure.)

If the EIA Commission finds that a project has sig-nificant shortcomings which cannot be corrected, thebody will recommend a rejection of the project. If theEIA Commission finds a shortcoming that can be cor-rected, they will request that the developer:

• change the project;

• seek further expert advise; and/or

• obtain professional support from someone whohelped prepare the project.

If the investor does not comply with the request, theEIA Commission will reject the project.

The permitting system in Croatia covers the sectorsof water quality and management, nature protection,waste management, hazardous substances and resourcemanagement.



FIGURE 3

Flowchart of the EIA Procedure

Ministry of EnvironmentalProtection and Physical Planning

Investor

Commission

Submitting to the public

No,Project changed or rejected

No,Project rejected

Evaluation

Evaluation

Decision Yes,Project approved

No,Project rejected

Yes

Water The State Water Directorate issues permits for:

• the use of publicly-owned water resources;

• gravel excavations;

• location of developments; and

• EIAs for construction activities.

WasteThe MoEPPP issues permits for:

• collection and processing of hazardous waste,

• waste import and export; and

• EIAs for construction activities.

Environmental county offices issue permits for col-lecting and processing municipal and non-hazardousindustrial waste.

Permitting needs are as follows:

• improving advisory capacity;

• better follow-through with permit applications; and

• increased personnel to check permits.

Environmental Control Environmental legislation in Croatia provides for

specific regulatory, administrative, and investment mea-sures suited to each part of the environment, includingwater, air, waste, industrial pollution prevention, andrisk management. Furthermore, there are a number ofmeasures that address integrated pollution preventionand control.

The inspectorates are in charge of enforcing allthese regulations. When other government authoritieslaunch new regulations in which the inspectorates havean interest, the MoEPPP will tender an opinion. Needsin compliance checking are as follows:

• compliance in checking planning procedures;

• communication skills for cooperation with otherauthorities;

• compliance promotion strategies;

• code of conduct for compliance checking;

• non-compliance response strategy; and

• condoning strategy.

Enforcement ProceduresInspectorates can prosecute when environmental

regulations are violated. The consequences may be afine or suspension of a work permit. After a court of firstinstance renders an opinion, developers may appeal toa court of second instance.

It is also possible to involve the public in permittingprocedures, as spelled out in the Regulation onEnvironmental Impact Assessments.

An essential condition for efficient implementationof an environmental strategy is firm institutional organ-isation based on stable human resources and a solidcommunications system (O1, Figure 6 on page 117). Forthis reason, the MoEPPP should set up a strategy imple-mentation unit as a focal point for operations and coor-dination. Its tasks should include preparation of draftreports for all stakeholders (including the government)and to organise a network to develop local, regionaland specialised programmes.

Within environmental strategy implementation, par-ticular attention should be paid to capacity building oflocal governments and self-governments. This includesincreasing the number of employees, and training themin both administrative and specialised tasks. This isespecially important now, due to plans to decentraliseauthority and transfer environmental responsibilities tothe local level.

To achieve cross-sectoral coordination, a sustainabledevelopment council should be set up, involving NGOsand ministers and representatives of ministries in the envi-ronmental field. The Technical Environmental Council,which is to be set up on the ministry level, should take onan advisory role. One of the primary tasks to be undertak-en by the Sustainable Development Council and theTechnical Environmental Council should be environmen-tal strategy implementation and improvement.

An integrated environmental protection informationsystem should ensure the collection and public dissem-ination of all important data7 There should be well-pre-pared communication between all partners.

During the preparation of each biannual environ-mental status report8 the environmental strategy shouldbe regularly amended in accordance with proposalssent by the Sustainable Development Council andTechnical Environmental Council to the MoEPPP.

All stakeholders must take part in the preparation ofthis report on an equal footing. To achieve this objec-tive, there must be free access to information for allstakeholders, and regular communication and collabo-ration between regional, local and sectoral authoritiesand NGOs.

In addition, there must be improvements in the wayregulations are prepared. This means there must bemore time for consultation — particularly for those whowill be responsible for improvements on the national,



regional local and sectoral levels. Lawmakers should aimat drafting legislation that can be implemented -—which means they should develop parallel operationalprogrammes to apply the laws. Also, they must ensurethat there is the necessary institutional capability, moneyand manpower to implement the laws and investigatethe financial effects of each regulation on all actors.

Executing an environmental strategy involves con-tinuous monitoring and analysis of effects on environ-mental quality and overall social development. Strategyexecution must be based on:

• environmental monitoring on the basis of fixed indicators;

• inspection organisation, and improvements tohuman and technical resources; and

• raising stakeholders’ awareness of the need forshared environmental responsibilities.

The needs of executive powers are as follows:

• continuous technical training in enforcement prac-tices in chemicals, waste management, major-acci-dent prevention, integrated pollution prevention andcontrol, and nature protection;

• legal training;

• human resources management; and

• planning.

Environmental InspectorateHuman Resources

In 2001 there were a total number of 34 humanresources staffmembers within the RegionalEnvironmental Inspectorate. The breakdown by loca-tion is as follows: Zagreb (3), Split (4), Rijeka (6), Osijek(3), Varazdin (3), Zadar (3), Pozega (3) and REIHeadquarters (9). The MoEPPP has 12 employees in itsDepartment of Nature Protection Inspection.


Figure 4 provides data on checks carried out by theregional county offices in 2001.

On average, inspectors of the MoEPPP and countyoffices participate annually in the clean-up of 41 acci-dent sites; make 2,960 site inspections; write 419 warn-ings against polluters; and impose 369 sanctions, 161fines and 240 court cases.

The amount of fines collected in the year 2001 wasEUR 160,000.

Needs in performance indicators are as follows:

• development of indicators;

• Legal training — especially with regard to new laws;

• training in site visits — particularly for proceduralrequirements in new legislation (integrated permits,compliance checking etc);

• development of investigative skills etc;

• continuous professional training for inspectors;

• access to databases; and

• computers and vehicles.

Data Storage and Retrieval SystemsEnvironmental Protection Information System

The Environmental Protection Information System(EPIS), based on corresponding monitoring and socio-economic data, is necessary to achieve the objectives ofthe environmental management system. It providesconditions for quicker, better and easier data manage-ment, thus facilitating high-grade implementation ofenvironmental protection policy and better publicaccess to information.

Just like numerous other countries, especially thosein transition, Croatia suffers from:

• a lack of basic data on the state of the environment;

• a shortage of information about existing data; and

• a shortage of adequate statistical data and espe-cially that which would show the interconnec-tions between development activities and thestate of environment, (so-called ‘indicators’ thatprovide a foundation for the process of politicaldecision-making).

For that reason the establishment of a high-qualityinformation system is considered one of the mostimportant instruments for implementation of environ-mental protection policy.

By assuming some of the international obligationsaimed at the protection of the biosphere, Croatia hascommitted itself to submitting data to international insti-tutions, and to keeping its public well informed. Thisparticularly applies to obligations arising from activitiesrelated to the European Environmental Agency, theexpected obligation to establish a global informationsystem on the state of the environment called EIONET(European Environment Information and ObservationNetwork), and to activities resulting from various con-



ventions — especially in connection with the provisionof public access to information on the basis of theAarhus Convention.

Activities on the establishment of the EPIS date backto 1991, when the formulation of plans for the CroatianEnvironmental Protection Information System (CEIS)was initiated. The principles proposed by this pro-gramme were subsequently adopted as a foundation forthe establishment of an integrated environmental pro-tection system in Croatia. At that time, work also com-menced to create “thematic centres” to hold basic data-bases. Many public and scientific institutions, institutes,bureaus, individual businesses – all potential thematiccentres – have data that might be used for environmen-tal protection . These centres are also seen as an expan-sion of current data processing systems (the NationalBureau of Statistics, the National Weather Bureau, andthe National Hydrological Institute).

Significant results were achieved by the CroatianPublic Water Management Company, where a GIS cen-tre was established. INA Naftaplin also laid the founda-tions for such a centre. The Croatian Forests Authorityhas been slowly creating a GIS centre, and has alreadyaccumulated a significant database. The GeologicalResearch Institute has trained a group of experts thathas built up another ecology database. The HazardousWaste Management Agency (APO) introduced a GISdatabase on waste-disposal sites, and the CroatianPower Board (HEP) is another active stakeholder.Telecommunications companies have set a sterlingexample of using the GIS to make technical and opera-tional decisions on spatial systems.9 Unfortunately, thereis no systematic monitoring of soil, and no integratedmonitoring of air quality. The data that has been col-lected is not connected by an adequate system.

The Environmental Emission Cadastre (EEC),although properly conceived, ended in failure due tolack of a proper information system and basic envi-ronmental philosophy. Consequently, data was oftencollected without being properly processed and,therefore, could not be used in the creation of envi-ronmental policy. After substantial corrections, theEEC eventually became an important part of the inte-grated information system.

The 1994 Law on Environmental Protection laiddown the obligations of the government body respon-sible for environmental protection to establish aninformation system in collaboration with ministriesand other governmental bodies. The EPIS should bemanaged by a central government authority, but con-sist of a number of widespread, independently formu-lated, interconnected information systems with theirown special features.

The obligations of institutions that should partici-pate in the development of this system were laid down

in the By-Law on the Environmental ProtectionInformation System (Official Gazette No. 74/1999). Thislegislation prescribes the methodological basis of theenvironmental protection information system, and theobligations and procedures of environmental datatransmission and management. The participants andtheir obligations in special fields are to be determinedby the Information System Management Programme,which has yet to be elaborated.

The 10 EPIS components are: air, soil, water, sea,biological and landscape diversity, climate, cultural her-itage, spatial features, waste, and other data relevant toenvironmental protection. Unfortunately, the linkbetween environmental data and socio-economicdevelopment through indicators is missing. Each ofthese parts is a complex information system in its ownright and has thematic sub-fields.

There are also ongoing activities of collection andexchange of data pursuant to international treaties, pro-grammes and projects (e.g. Mediterranean Action Plan,Action Plan for the Protection of the Danube Basin,Corinair, Infoterra, etc).

Links between the environmental protection infor-mation system and other information systems is envi-sioned in Figure 5.

Identification of problems and priorities

No part of the EPIS has yet been established. Thereasons for such a slow start are the following:

• insufficient institutional strength of the governmentbody responsible for environmental protection;

• non-recognition of the need for high-quality data inthe decision-making process;

• incomplete legal framework elaborating the infor-mation system (environmental protection strategy,implementing regulations determining the datarequired, underdevelopment of environmentalindicators);

• lack of a programme for systematic monitoring of thestate of environment, including a programme formanaging of the EPIS;

• the high complexity of the system due to a greatnumber of institutions involved in the EPIS, whichleads to problems in coordinating inter-sectoralactivities, the existence of conflicting data, difficultyin establishing a single system, and high costs ofbuilding an information system;

• problems of the availability of data (shortage ofcapacities for data collection, processing, storage,exchange and use);



• insufficient involvement in international pro-grammes, projects; and

• insufficient education and development of scientificand research work.

Objectives and measuresObjectives (see Figure 6)

The basic objective is the establishment of a high-quality information system as the most important instru-ment for implementing of environmental protectionpolicy (O1).

The EPIS should make it possible to obtain informa-tion needed for making decisions on environmentalprotection on the principles of sustainable developmentat local, regional, national, international and global lev-els. It should also support the process of the Republic ofCroatia’s joining the EU (O2).

The EPIS should also enable the introduction ofregular information on the state of the environmentbased on comprehensive monitoring (O3) and facili-tate the accessibility of information to the public (O4).

In terms of time an integrated system cannot becreated at once, but only if it is harmonised with thescope of activities, human resources and funds avail-able for that purpose. The establishment of the EPISshould start with a pilot installation (O5) for one pri-ority task10.

Measures (see Figure 6)In establishing the EPIS it is necessary to respect the

existing potential of thematic centres and to supporttheir work in synthesised data acquisition. The first stepis to create the “metabase” of available data and later toset conditions under which access to such bases couldbe provided, or whether they can be bought (M1).

The environmental protection information systemconsists two parts:

• geographically referenced databases; and

• data links related to the environment (monitoring)and utilisation of natural resources the so-called“indicators11” or socio-economic development.

Therefore it will be necessary to redefine the con-tent of the existing EPIS (M2).

The information indispensable for environ-mental protection is scattered among:

• state institutions;

• individual institutes and bureaus;

• universities;

• economic entities (industry, agriculture, forestry,maritime organisations, transportation enterprises,hospitals, tourism businesses, etc); and

• companies specialising in GIS and remote research.

An enormous volume of data is already available,but there is no additional funding for the majority ofrepositories. It is, however, necessary to establish a spe-



Regional Number of Number of reports Number of court Number of finesEnvironmental inspected sites drawn up against cases wonInspectorate polluters

Zagreb 262 22 9 7

Split 250 2320 17

Rijeka 615 7018 9

Osijek 364 12 13 4

Varazdin 258 96 75 64

Zadar 188 36 8 3

FIGURE 4

Operative control carried out by county offices in 2001

cial-purpose structure where this data would be collect-ed in a purposeful manner (M3).

Part of the valuable information structure may befound in the State Bureau of Statistics. For the field ofenvironment, very little data is processed indirectly12.The State Bureau of Statistics is in the process of har-monising Croatia’s statistics with those of the EU. Morethan 300 statistical surveys are performed yearly. TheProgramme of Statistical Surveys of the Republic ofCroatia from 2002 to 2006, now in the preparatoryphase, will be based on the statistical requirementscompendium of EUROSTAT (the statistical bureau ofthe European Union).

The MoEPPP will have to stipulate what kind of datais suitable for collection and processing by the StateBureau of Statistics (M4).

The EPIS is to be organised in such a manner that itserves numerous users, such as administrative bodies,businesses, the public, international organisations. Theentire system may function in the same way as national,county or municipal statistical offices. The informationsystems could likewise cooperate at similar levels, usinginformation sources close to the origin of data (M5).This way it would be easier to secure necessary localfinances from business and industry.

The establishment of this organisation (e.g. thenOffice for the Management of Sources of InformationRequired for Nature and Environment Protection withinthe planned Environmental Protection Agency) shouldstart with an initiative of the government body respon-sible for the protection of nature and the environment.This organisation should be made independent fromthe administrative body (M6).

This organisation should have all the technology nec-essary to manage the information segment of the nation-al GIS programme for the protection of nature and theenvironment. This office or agency should be funded ona wider scale (partly by the state) with necessary fundssecured from the private sector, and partly from interna-tional sources. Its tasks should be as follows:

• establishling connections to basic data providers,13

• creating synthesised information;

• organising data management, and

• coordinating and disseminating data to users, localgovernments and specific international bodies.

The future information system should be linked toother systems worldwide, and especially to theEuropean Environment Agency, in line with obligationsarising from EU (M7) membership.

Satellite photography is an important source of ter-restrial data. While these possibilities have been dis-cussed only theoretically, some Croatian companies arealready providing interpretations of satellite photos ofvarious origins. Domestic aerial photos are used, as

well. The use of aerial and satellite photography couldgreatly influence the decision-making process (M8).

Management of the EPIS requires an educated staff.Although Croatia’s universities are not able to provide suf-ficient and necessary knowledge, a great number ofyoung people have gained qualifications in recent yearsby additional training. It is necessary to encourage col-leges, secondary professional schools and regular schoolsto provide the possibilities of acquiring new knowledgeneeded for the application of new technologies (M9).

Needs in data storage and retrieval are as follows:


• training in use of databases;

• computer hardware; and

• industrial activities inventory.

Environmental Monitoring System As mentioned earlier, Croatia does not have an envi-

ronmental agency, but one will be established in 2002or in the beginning of 2003. The agency will be respon-sible for environmental monitoring and will use datacollected by other institutions.

Croatia has also made preparations for ratification ofthe Aarhus Convention, with the help of the DanishEnvironmental Protection Agency.

Consulting and technical support (IT equip-ment, software, and professional literature) arehigh-priority monitoring needs.

Compliance AssessmentCompliance assessment is carried out in two ways:

• All companies have an obligation to provide infor-mation about their environmental pollution to coun-ty offices. County offices collect this data, and sendthe data to the land office, which is at the MoEPPP.

• Inspectorates have data about all polluters.Inspectors announce the first visit to a company,and provide the company with a registration formfor the land office. The inspectors inform the com-pany about its obligations and, after the first visit,the company is entered into the registry. Inspectorsalso make ad hoc inspections based on complaints,or to investigate the accuracy of received data.

Because of the small number of inspectors, it is impos-sible to visit all polluters. For the same reason, filing at theland office moves very slowly. Just a few firms send envi-ronmental data to the land office on a regular basis —mostly because they are ignorant of the procedure.



Only laboratories licensed by the MoEPPP can carryout monitoring and sample analyses of pollution control.

The procedure for assessing environmental compli-ance is complaint-driven, and the MoEPP’s enforcementbodies (the regional offices) carry out the inspections.

Needs in compliance assessment are as follows:

• development and implementation of strategy oncompliance assessment on the basis of complianceindicators;

• more inspectors; and

• more vehicles.

Enforcement Performances and Reporting Capabilities

The major indicators for assessing the “demonstrationvalue” of specific enforcement activities are as follows:

• percentage of average number of penalty statementsdrawn per year (421);

• fines imposed against polluters per year (161);

• the amount of fines collected per year (EUR 160,000in 2000); and

• the number of court cases won per year (240).



FIGURE 5

The information flow between various groupings within the EPIS

BP Central(State Database)

Governmentof the Republic of Croatia

President’sOffice

Public BP

Businessand Industry

State AuthorityTDU (users)

State AuthorityTDU

(Thematic Centre)

TDUParticipant

CountyOffice ZO

(EnvironmentalProtection)

InstitutionalParticipant

CroatianParliament

InternationalOrganisation ZO

(Environmental Protection)

Internationalproject

InternationalInformation System

TERRITORY

data

free access

Citizens

State AuthorityTDU

(Thematic Centre)

State AuthorityTDU

(Thematic Centre)





Objective Measures to achieve objectives Activity Responsible Timelevel organisation limit

(year)

O1 M1 Create a “metabase” of available data and define N MoEPPP ST conditions for accessing or buying it.

O1 M2 Redefine the content of the present EPIS by N MoEPPP STintroducing indicators that best reflect ME environmental policy.

O1 M3 Establish a special-purpose structure for collecting NRL MoEPPP MT the existing data in state institutions, individual institutes and bureaus, universities, business and industry, and companies specialised in GIS and remote research.

O1 M4 Propose what type of data is suitable to be collected N MoEPPP ST and processed by the National Bureau of Statistics.

O1 M5 The EPIS should function as a work-and-- NRL MoEPPP STproduction entity at state, county and Competent municipal levels. bodies

O1 M6 Establish an office that can operate within the N RC ST/MT future environmental agency for the management of sources of information required for nature and environment protection.

O2 M7 Organise a Croatian centre, define the Croatian N MoEPPP MT compnent of the EIONET system and establish contact with the European Environment Agency.

O3 M8 Improve system of coordination and the quality of N MoEPPP STmonitoring carried out by various agencies. (Priority: preparation of an assessment of needs and monitoring, including training.)

O3 M9 Encourage the use of data received by aerial and NRL MoEPPP LTsatellite photography to support the decision- CGmaking process. LG

O3 M10 Encourage colleges and other institutes of higher N MoEPPP LTlearning to provide training in new (information) MEStechnologies. MS

O4 M11 Establish a database and provide information to all NRL MoEPPP MTpersons interested, including targeted public NGOinformation, and encourage participation in the decision-making process.

O5 M12 Provide conditions for establishing a pilot N MoEPPP ST installation for a priority task.

Legend:

Responsible organisation: LG - Local government (city, municipality); MoEPPP - Ministry of Environmental Protection andPhysical Planning; ME - Ministry of Economy; MS - Ministry of Science; MES - Ministry of Education and Sports; RC -Government of the Republic of Croatia; CG - County government; NGO - Non-governmental organisations

Activity level: N - National; NRL - National-regional-local

Time limit (time required to implement measures and activities): ST - Short-term (0-2 years); MT - Medium-term (2-5 years); LT - Long-term (more than 5 years)

FIGURE 6

Environmental Protection Information System (EPIS)

• In general, the improvement in the state of the envi-ronment is not linked to enforcement responseswhile reported. Annual reports are the only accuratereflections of the state of the environment, and theyshould be indicator-based and organised accordingto the “Driving forces-Pressures-State-Impact-Responses” (DPSIR) scheme.

Needs in enforcement indicators and report-ing capabilities are as follows:

• indicator-based reporting;

• annual report writing; and

• credibility-testing “peer” reviews.

ENDNOTES

1 This includes almost all sectors, the most important being physicalplanning, economy (industry, agriculture, energy, transport, tourism,etc.) science, education, market and prices, fiscal policy, jurisdiction,housing, etc.

2 After the 1992 Rio Conference, most of the world countries (andalmost all developed countries) established the bodies on the highestlevel for harmonisation of development policy with sustainable devel-opment principles.

3 The UN Environmental Performance Review on Croatia (UN ECE1999) was carried out when environmental protection was still aresponsibility of the State Directorate. It proposes that environmentalauthorities in the field of environmental protection be integrated with-in a single ministry which should cover the environment, physicalplanning, tourism, water resources protection against contamination,hunting and protection of fisheries and forest. The establishment of thenew ministry has to some extent made environmental protection moreof a priority.

4 Each county has at least one to two persons in charge. The situationin the cities is perhaps somewhat better, even though municipalitiesgenerally have no environmental officials.

5 The quality of personnel is a general state administration problem,and particularly in the field of environmental protection since this sec-tor has no tradition in administration or staff education

6 According to the previous structure, the inspection services existed inrelevant county offices, the Office of the City of Zagreb in charge ofbuilding affairs, and the Ministry, while now the inspection control,except for the town-planning inspectorate, has been established in thecentral service in the Ministry and in seven branch offices of theMinistry, i.e., Zagreb, Rijeka, Zadar, Split, Varazdin, Pozega, and Osijek.

7 This system should ensure implementation of the principle of freepublic access to information.

8 Pursuant to Article 22 of the Environmental Act, the Report shouldbe prepared for the Croatian Parliament on biannual basis. However,the Parliament decided that the Report be approved every four years.

9 Various institutions such as scientific institutions, especially at the sea-side, have collected substantial data on the state of the environment.

10 A pilot project should facilitate the following: (a) Collection of dataon the state of the environment related to agreed-upon priority tasks;(b) Co-ordination of the work of experts – data providers (thematiccentres); (c) Establishment of coherent nomenclature, terminology anddefinitions so as to ensure the comparability of data; (d) The linking ofdata on the state of environment with socio-economic indicators andthe establishment of a system of indicators.

11 Indicators are synthesized data linking the state of the environ-ment, or rather the consumption of natural resources, with socio-eco-nomic development; e.g. the amount of energy required to increase apart of the GNP or the use of public transport in relation to each indi-vidual’s quality of life. There are various proposals for the establish-ment of indicators. One of the more appropriate proposals is entitled“Indicators of Sustainable Development Framework andMethodologies” (UN, 1996).

12 Data on water and waste management, utility infrastructure andenvironmental protection investments are collected by the StateBureau of Statistics. The data are collected by individual bodies suchas the State Water Directorate for waters and MoEPPP for refuse andaccidents.

13 It is possible to foresee three information organisational levels: (1)EPIS as a national co-ordination centre with its regional componentsand links to international organisations: (2) Thematic centres as col-lectors of data on a particular part of the environment, such as air orsoil, but also in co-operation with the national centre; (3) Datasources, i.e. all of the numerous places in which measuring and obser-vations are carried out and forwarded to higher levels. This includesbusinesses that have their own special data.





Annex 1: Structure of the Ministry of Environmental Protection and Physical Planning

FIGURE 8

Office of the MinisterUlica Republike Austije 20, HR-100000 Zagreb

Tel: (385-1) 3782-143, 3782-445, Fax: (385-1) 3772-555

Secretariat of the MinistryUlica Republike Austije 20, HR-100000 Zagreb

Tel: (385-1) 3782- 148, 3782-445,Fax: (385-1) 3771-113

Division of Law and AdministrationUlica Republike Austije 20, HR-100000 Zagreb

Tel: (385-1) 3782-146,Fax: (385-1) 3772-822

Division of GeneralEnvironmental Policy

Ulica grada Vukovara, HR-100000 ZagrebTel: (385-1) 6106-578, Fax: (385-1) 6112-073

Environmental Protection DivisionUlica grada Vukovara, HR-100000 Zagreb

Tel: (385-1) 6106-556, 611-992Fax: (385-1) 6118-388

Nature Conservation DivisionUlica grada Vukovara, HR-100000 Zagreb

Tel: (385-1) 6106-555Fax: (385-1) 6118-388

Inspection DivisionGajeva 30, HR-100000 Zagreb

Tel: (385-1) 459-922Fax: (385-1) 4591-949

Building DivisionUlica Republike Austije 20, HR-100000 Zagreb

Tel: (385-1) 3782-145Fax: (385-1) 3772-822

Institute of Physical PlanningUlica Republike Austije 20, HR-100000 Zagreb

Tel: (385-1) 3782-146Fax: (385-1) 3772-822

Department of General and Auxiliary Services,Human resources and Information

Financial Planning and Accounting Department

Department of Normative Matters

Department of Second Instance Procedure

Department of EU Integrations, Strategicplanning and International Projects

Economic Incentives Department

Department of Atmosphere Protection, WasteManagement and Soil Protection

Department of Environmental Impact Assessment,Emergency Planning, Marine and Coastal Protection

Biological and Landscape DiversityConservation Department

Natural Heritage Conservation Department

Department of Inspection of Structuresunder Construction

Department of Physical Planning Inspection

Department of Environmental and NatureProtection Inspection

Department of Legal Affairs,Monitoring and Execution Procedure

Department of Permit Issuance

Department of Technical Regulationsand Approvals

Department of Research and PhysicalPlanning Information

Department of General Physical Planning Policy

Physical Planning Department

Computerisation Section

Section of General and Auxiliary Services

Environmental Protection andNatureProtection Section

Physical Planning andBuilding Section

Atmosphere Protection and WasteManagement Section

Soil Protection Section (Unit in Osijek)Kapucinska 38, HR-31000 Osijek

Tel: (385-31) 201-211Fax: (385-31) 201-212

Environmental Impact Assessmentand Emergency Planning Section

Marine and Coastal Protection Section(Unit in Rijeka) Uzarska 2, HR-51000 Rijeka

Tel: (381-51) 213-499, 214-279Fax: (381-51) -214 324

Protection Areas Section

Section of Sustainable Useof Natural Resources

Section of Inspection of State StructuresUnder Construction

Section of Inspection of Structures underconstruction within the Scope of

Regional Units

Section of Environmental ProtectionInspection

Section of Nature Protection Inspection

Legal Affairs and Monitoring Section

Execution Procedure Section

Section of General Permits, BuildingPermits and Building Removal Permits

Section of Operation Permits,Certificates and Consents



Annex 2: Review of Regulations in the Field of the Protection and the Environment in Croatia

Law on EnvironmentalProtectionI. General provisionsII. Basic environmental protection principlesIII. Environmental protection documentsIV. Implementation of environmental protectionV. Liability for environmental pollutionVI. Financing environmental protectionVII. ControlVIII. Penalty clausesIX. Transitional and final provisions

By-Law on environmental impact AssessmentI. General ProvisionsII. Projects requiring EIAsIII. Contents of the EIA studyIV. Commission for environmental impact assessmentV. Public participationVI. List of projects

By-Law on an Environmental Information systemI. General provisionsII. Data managementIII. Final provisions

Law on Nature Protection I General provisionsII. Protected areasIII. ControlV. Penalty clausesVI. Transitional and final provisions

1. Office of the MinisterUlica Republike Austrije 20, HR – 10000 ZagrebTel: (385-1) 378-2143, 378-2487; Fax: (385-1) 377-2555; E-mail: [email protected] of State: Bozo KovacevicMinister Deputy: Roland ZuvanicSecretary: Mirna Vlasic

2. Secretariat of the MinistryUlica Republike Austrije 20, 10000 ZagrebTel: (385-1) 378-2148, Fax. (385-1) 388-2822; E-mail: [email protected]: Ljiljana Radic-Kisevic

2.1.Department of General and AuxiliaryServices, Human Resources and Information

2.1.1. Computerisation Section

2.1.2. Section of General and Auxiliary Services(Koraljka Marusic, Tel: (385-1) 378-2149)

2.2. Financial Planning and AccountingDepartment

3.Division of Law and AdministrationUlica Republike Austrije 20, 10000 ZagrebTel: (385-1) 378-2146; Fax. (385-1) 377-2822Assistant to Mminister: Gordana Valcic

3.1. Department of Normative Matters (JosipBienenfeld, Tel: (385-1) 378-2468)

3.1.1 Environmental Protection and NatureProtection Section (Vinko Mladineo, Tel: (385-1) 378-2470)

3.1.2. Physical Planning and Building Section (Ana Cerovski, Tel: (385-1) 378-2488)

3.2. Department of Second Instance Procedure(Ksanta Vojvodic, Tel: (385-1) 378-2456)

4. Division of General Environmental PolicyUlica grada Vukovara 78, 10000 ZagrebTel: (385-1) 610-6578, Fax. (385-1) 611-2073; E-mail: [email protected] to Minister: Roko Andricevic

4.1. Department of EU Integrations, Strategic Planing and International Projects(Kornelija Pintaric,E-mail: [email protected])

4.2. Economic Incetives Department (Mirjana Papafava, E-mail: [email protected])

5. Environmental Protection DivisionUlica grada Vukovara 78, 10000 ZagrebTel: (385-1) 610-6556, Fax: (385-1) 611-8388; E-mail: [email protected] to Minister: Andjelka Bedrica

5.1. Department of Atmosphere ProtectionWaste Management and Soil Protection (Jasenka Necak, E-mail: [email protected])

5.1.1. Atmosphere Protection and WasteManagement Section

5.1.2. Soil protection Section (Unit in Osijek, Predrag Sibalic) E-mail: [email protected]; predrag.,[email protected]

5.2. Department of Environmental ImpactAssesment, Emergency Planning, Marine andCoastal Protection (Nenad Mikulic, E-mail: [email protected])



ANNEX 3: Ministry of Environmental Protection and Physical Planning

5.2.1. Environmental Impact Assessment andEmergency Planning Section (Hrvoje Buljan, E-mail: [email protected])

5.2.2. Marine and Coastal Protection Section(Unit in Rijeka, Margita Mastrovic, E-mail: [email protected])

6. Nature Conservation DivisionUlica grada Vukovara 78, 10000 ZagrebTel: (385-1) 610-6555, Fax. (385-1) 611-8388; E-mail: [email protected] to Minister: Ivan Martinic

6.1 Biological and Landscape DiversityConservation Department (Jasminka Radovic, E-mail: [email protected])

6.2. Natural Heritage Conservation Department(Radenko Dezelic, Tel: (385-1) 610-6581)

6.2.1. Protected Area Section (Eugen Draganovic, E-mail: [email protected])

6.2.2. Section of Sustainable Use of NaturalResources (Stella Satalic, E-mail: [email protected])

7. Inspection DivisionGajeva 30, 10000 ZagrebTel: (385-1) 459-1922; Fax. (385-1) 459-1949; E-mail: [email protected] to Minister: Sladana Miocic

7.1 Department of Inspection of Structuresunder Construction (Chief inspector: Zeljko Korica Tel: (385-1) 459-1931)

7.1.1. Department of Inspection of Structuresunder Construction (Damir Borovic,E-mail: [email protected])

7.1.2. Department of Inspection of Structuresunder Construction within the Scope ofRegional Units

7.2 Department of Physical Planning Inspection(Ivan Kovacic, Tel: (385-1) 459-1944)

7.3. Department of Environmental and NatureProtection Inspection (Anita Patekar-Pokrovac – chief inspector, Tel: (385-1) 459-1922; Ante Belamaric,E-mail: [email protected])

7.3.1 Section of Environmental ProtectionInspection (Branka Stunkovic, Tel: (385-1) 459-1924)

7.3.2. Section of Nature Protection Inspection(Katica Bezuh, E-mail: [email protected])

7.4. Department of Legal Affairs, Monitoring and Execution Procedure (Zeljko Horvat, E-mail: [email protected])

7.4.1. Legal Affairs and Monitoring Section(Miljenka Lovrencic)

7.4.2. Execution Procedure Section (Mladen Ceic, E-mail: [email protected])

8. Building DivisionUlica Republike Austrije 20, 10000 ZagrebTel: (385-1) 1 3782-145; Fax. (385-1) 377-2822; E-mail: [email protected] to minister: Lino Fucic

8.1. Department of Permit Issuance (Vesna Veselin,Tel: (385-1) 378-2467)

8.1.1. Section of General Permits, BuildingPermits and Building Removal Permits (Ljubica Cusak, Tel: (385-1) 378-2421)

8.1.2. Section of Operation Permits, Certificatesand Consents (Nada Mardetko-Skoro,E-mail: [email protected])

8.2. Department of Technical Regulations andApprovals

9. Institute of Physical PlanningUlica Republike Austrije 20, 10000 ZagrebTel: (385-1) 378-2146; Fax. (385-1) 377-2822; E-mail: [email protected] General: Zlatko Uzelac

9.1 Department of Research and PhysicalPlanning Information (Ratko Zimmerman,E-mail: [email protected])

9.2 Department of General Physical PlanningPolicy (Antun Paunovic, E-mail: [email protected])

9.3. Physical Planning Department (Vlatka Durkovic, Tel: (385-1) 378-2473)



Supervision of EnvironmentalInspection (2000)

Previous inspection activities were concentrated onconsolidation of the service, and new work conditionsresulted from establishing the Ministry ofEnvironmental Protection and Physical Planning.

The Environmental Inspectorate made 2,366inspections and 1,084 inspections through official let-ters (official letter, official opinions, etc). The inspec-torate has also given 418 demands for various lawinfringements: most of them concerned the Law onWaste (17.1%), the Law on Air Quality Protection (47.1%), and the By-Law on Limit Values of PollutantEmissions from Stationary Sources into the Air (57.1).Unfortunately, the Environmental Inspectorate has notobtained information about carrying out punishments.

Some facts concerning the environmental regulation:

Environmental Protection Law• Significant improvement would be achieved if

the water regulation issue would be transferred toenvironmental regulation. This law does notsanction transgressors.

• If the EIA proves unnecessary, the zoning planmust include environmental measures. As thezoning plan has not yet been launched, locationand building permits are not providing the envi-ronmental measures.

• It is very important to revise a decree of the lawon the inspection supervision that determinesthe competence boundaries for county officesand central services.

Waste Regulations • In most county offices community supervision,

community order and waste collection are notorganised. Therefore it is very important to estab-

lish proper rules concerning the persons in coun-ty offices responsible for this issue.

• All but the most critically effected landfills shouldbe kept open. The others should be given longertime to be solved or closed.

• The time-frames for making EIAs and for building are too narrow.

• The main problems are to ensure funds and loca-tion. The counties have not built the landfill and thestate also has not built a landfill for hazardous waste.

• It is necessary to revise the list of certified labora-tories because some of them are not properlyequipped.

• The rulebook on waste container managementhas yet to be launched.

Air ProtectionIt is necessary to determine competence between

Environmental Inspection and Sanitary Inspection.The problems within Environmental Inspection

are as follows:

• lack of inspectors;

• prescription – not all decrees are sanctioned;

• prescription of the Environmental InterventionPlan does not explain the position of inspectorsin the cases of environmental accident, the com-panies that should intervene in the case of acci-dent are not certain; if the perpetrator isunknown, the amount of money for covering ser-vices are not determined;

• too much time in solving inspection requests in court;

• lack of computers and cars; and

• difficulty in preparing an emergency plan for ofenvironmental accidents, because inspectorshave no mobile phones and/or cars.



Annex 4: Inspection Report for 2000

E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U O P E 125

Country Profile: FYR Macedonia

Prepared byGordan Stankovic

February 2002

F Y R M A C E D O N I A

Skopje

Veles

A L B A N I A

B U L G A R I A


Kumanovo

BitolaOhrid

Tetovo

G R E E C E

0 50 100

kilometres

Administration 127

Institutions Connected to the Environmental Protection Agency 129

Permitting System and Connection to the EPA 130



Environmental Inspectorate Organisation, Human Resources, Training 131



Monitoring and Sampling; Access to Information 132


Enforcement Actions and Reporting Capabilities 133

Annexes

Annex 1: Structure of the Environmental Protection Agency 134

Annex 2: Articles 42-47 of the Environmental Act 135

Annex 3: Articles 53-58 of the Environmental Act 137

Annex 4: Structure of the State Environmental Inspectorate 140

Annex 5: Structure of the Environmental Information Centre 141

C O U N T RY P R O F I L E : F Y R M AC E D O N I A

126 E N V I R O N M E N TA L E N F O R C E M E N T A N D C O M P L I A N C E I N S O U T H E A S T E R N E U O P E

Table of Contents



AdministrationAll ministries and government institutions or admin-

istrative organisations are founded in accordance withthe regulations on government institutions (Law onAdministrative Bodies, Official Gazette of the Republicof FYR macedonia, No. 58/2000).

Other government bodies, depending on their func-tion and level of independence, are founded either asindependent bodies (head offices, agencies and com-missions), or as subordinate sections of ministries(administrations, bureaus, services and inspectorates).

Environmental Protection AgencyThe Environmental Protection Agency (EPA) was

established as part of the Ministry of Environment andPhysical Planning (MoEPP). The EPA was established bythe Act on Environment and Nature Protection andPromotion (Official Gazette of RM No. 69/1996, No.13/1999 and No. 41/2000), which came into force inJanuary 1997. The EPA has the status of a service and isnot a separate legal entity. This means that the EPA func-tions as an agency on behalf of the MoEPP, and is sepa-rate from the State Environmental Inspectorate (SEI).

The above-mentioned structure is based on Article5 of the Law on Administrative Bodies (OfficialGazette of RM No.58/2000), as well as on Article 28,which defines the SEI and EPA as parts of the MoEPP.The EPA carries out expert and other administrativedomains, while direct enforcement of the EnvironmentalAct is carried out by the SEI.

According to the Environmental Act, the EPA isresponsible for:

• providing expertise and supervision over protectednatural treasures, soil, water and air;

• proposing expert and technical solutions for decreas-ing or preventing pollution and degradation of theenvironment;

• preparing expert documentation concerning promo-tion of environmental awareness and protection; and

• measuring and monitoring the status of the environ-ment and tracking changes.

The EPA’s work is essentially technical and scientificin nature. The data that it collects may be transferred tothe SEI, which is authorised to initiate criminal proce-dures in the event of legal infractions.

The EPA has four sub-units (Annex 1):

• the Biodiversity Unit;

• the Special Natural Heritage Unit;

• the Monitoring and Environmental ImpactAssessment Unit; and

• the Central Environmental Laboratory Unit.

Biodiversity UnitThe Biodiversity Unit’s activities and functions are as

follows:

• applying the principle of sustainable use of flora andfauna;

• preparing reports and studies to preserve ecosystemsand genetic diversity;

• conducting research on valorisation of sites ofendemic or archaeological value, and on placesinhabited by rare and endangered flora and fauna;

• coordinating projects for reclaiming and revitalisingdegraded habitats;

• coordinating projects for the reintroduction of rareand endangered wildlife in their natural habitats;

• initiating and proposing amendments to laws relat-ing to the preservation of biodiversity;

• initiating and proposing ratification of internationalconventions, contracts and protocols on biodiversity;

• coordinating and implementing international multi-lateral agreements on biodiversity in FYR macedo-nia; such as the Convention on Biological Diversity,the Convention on the Conservation of EuropeanWildlife and Natural Habitats, etc;

• coordinating and implementing international multi-lateral agreements, such as Convention on theConservation of Migratory Species of Wild Animals,and the Convention on International Trade ofEndangered Species of Wild Fauna and Flora;

Country Profile: FYR Macedonia



• coordinating compilation of the implementationreports of international multilateral agreements; and

• popularisation and presentation of biodiversity inFYR Macedonia.

Special Natural Heritage UnitThe Special Natural Heritage Unit’s activities and

functions are as follows:

• monitoring the state of endangered natural treasures,and suggesting measures for their protection and use;

• preparing documentation and providing biologicaland technical protection for natural treasures;

• maintaining a registry of natural treasures;

• maintaining expert-level documentation of naturaltreasures (location, level of endangerment, protec-tive measures, etc);

• inspecting the condition of natural treasures;

• ensuring the sustainable use of nature and protectednatural treasures;

• defining conditions for protecting natural treasurersin urban planning;

• preparing expert opinions regarding the declarationof resources as natural treasures;

• controlling the use and traffic of wild flora and fauna;

• searching for new natural treasures;

• researching and mapping sites of endemic or archae-ological value, and of places inhabited by rare andendangered flora and fauna;

• promoting activities for protection and popularisa-tion of special natural treasures; and

• suggesting regulations for the protection of naturaltreasure.

Monitoring and the EnvironmentalImpact Assessment Unit

The Environmental Impact Assessment Unit’s activi-ties and functions are as follows:

• environmental impact assessment (EIA), includingmonitoring, coordination and active participation instudies, projects and analyses;

• solid-waste management, including identifying andselecting dumping sites, planning regional systems,reviewing project documentation, cooperating withlocal authorities, improving waste collection systems,seeing that waste transportation complies with inter-national and national requirements; and monitoring

the transport of hazardous waste and sources of haz-ardous waste;

• monitoring the environment and natural resourcesby using available data from other authorised institu-tions in order to make an integrated assessment ofthe situation according to basic environmental para-meters; and

• coordinating and implementing international multi-lateral environmental agreements.

Central Environmental Laboratory Unit The Central Environmental Laboratory Unit (CL)

measures and monitors the status of the environment,and also monitors the emission of pollutants of varioustypes and origins. The CL has specialised equipment formonitoring and specially qualified personnel. Eventhough the laboratory is within the organisational struc-ture of the EPA, in practice, it is directly controlled bythe SEI.

Since the EPA does not play a role in the directenforcement of legislation, it may not initiate any crimi-nal proceedings in court, and there are no court prece-dents connected to the EPA. The EPA informs the SEIabout the collected data from the expert supervision aswell as the data received from the CL.

Future Environmental Protection AgencyA draft version of the Act on the EPA has been writ-

ten for this agency. Some of its provisions state:

• the agency will become a separate legal entity andwill be independent in its functioning;

• the agency will be set up by the government;

• the agency will be run by a director who will benominated and supervised directly by the govern-ment, and his mandate will be four years; and

• the agency will be managed by a managing board ofnine members, also nominated and overseen by thegovernment.

According to the draft act on the EPA, the agency willhave the following tasks:

• permitting and regulating activities linked with envi-ronmental protection;

• monitoring environmental parameters, developingand managing databases containing environmentalinformation, distributing such information and ensur-ing public access to same;

• providing support and advisory services to localauthorities and other governing bodies relating to theenvironmental issues in their jurisdictions;

• developing and coordinating environmentalresearch activities, providing help and assistanceregarding environmental research activities, initiatingand organising such activities;

• cooperating with the European EnvironmentalAgency (according to Council Regulations No.120/1990/EEC);

• other prerogatives related to environmental protec-tion stipulated by law or directed by the Ministry ofthe Environment.

The basic needs of the administration are in the fieldof non-compatible specific and sectoral laws and stan-dards. This means that the basic environmental law pro-vides a good framework, though it is not detailedenough for direct enforcement.

Another problem is enforcement by the environ-mental inspectorates, some of whose responsibilitiesoverlap with those of other inspectorates and ministries.

The solution is to either establish a single bodyresponsible for issuing all types of environmental per-mits or to make it compulsory to obtain approvals fromenvironmental authorities.

Institutions Connected to theEnvironmental Protection Agency

The government institutions closely cooperatingwith the EPA and the SEI are the following:

• the Republic Institute for Health Protection;

• the Hydro-Meteorological Institute;

• the Ministry of Agriculture, Forestry and WaterEconomy; and

• the Waters Fund.

The Republic Institute for Health Protection

This institute has the following organisational structure:

• Department of Epidemiology and Microbiology;

• Department of Hygiene and Protection of HumanEnvironment;

• Department of Social Medicine;

• Department of Control and Investigation of Drugs; and

• service for General Legal and Common Affairs.

Only the Department for Hygiene and Protection ofHuman Environment is directly connected to the EPA.The department consists of the following units:

• Communal Hygiene;

• Hygiene and Nutrition;

• Codex Alimentarius Office (FAO Office forStandardisation of Food);

• Dietetics with Counselling,

• Sanitary-Chemical and Toxicological Examinations;

• Articles for Common Use; and

• Monitoring of Radioactive Contamination andProtection from Ionising Radiation.

Department personel consists of specialists inhygiene, sanitary chemistry, nuclear physics, andskilled laboratory technicians. The employees are high-ly educated.

The department is a structural organising and techni-cal unit of the Institute for Health Protection. The depart-ment is the main body that deals with national policy inthe field of preventive medicine, and primarly with activ-ities related to environmental health. The professionals ofthis department directly contribute to the development ofnational policy, and manage problems in the field of pro-tection of the human and working environment.

The department also coordinates and directs thework of the sanitation and hygiene services.

Under the Programme for Preventive HealthProtection of FYR macedonia (the sanitation andhygiene section) the department carries out:

• activities in radio-bioecology and radio-biodosimetry;

• monitoring sanitary-hygiene conditions in drinkingwater supplies,

• monitoring the hygiene of surface water and waste-water, and

• monitoring the level of sanitation in the environment.

The institute implements this programme to evaluateair quality and its effects on health. It also analyses foodquality and commonly used articles. It also monitors thealimentary daily intake of chemical contaminants. Relatedanalyses are carried out in the department’s laboratories.

Department activity is based on national and interna-tional reference regulations and standards in toxicologi-cal laboratory analyses of environmental components. Ittakes over 20,000 samples annually. The department alsoprepares professional and expert reports at the request ofgovernmental and non-governmental institutions.

The Hydro-Meteorological InstituteThis institute monitors the chemical and physical

characteristics of air and water pollution. Systematicchecks of surface-water quality began in 1964, while airquality has been monitored since 1974. Water and air



are analysed in the institute’s laboratory on a monthlybasis and on additional occasions as deemed necessary.

The main activities of the institute are as follows:

• air quality monitoring at 23 measuring stations on anational level;

• measuring emissions from stationary sources;

• monitoring and assessment of trans-boundary airpollution;

• assessment of atmosphere changes, with an emphasison pollutants that have an impact on human health;

• monitoring surface water quality at 20 stations on anational level;

• occasional analysis of drinking, and industrial waste-water quality; and

• monitoring of chemical and toxicological water pol-lution by radiological and biological analyses.

On the basis of collected data, a specialised multidis-ciplinary group of experts assesses air and water quali-ty. The results are presented in studies and annualreports to all interested parties.

The Ministry of Agriculture, Forestry and Water Economy

The EPA and SEI cooperate with the Ministry ofAgriculture, Forestry and Water Economy because agri-culture, forests and waters are within its domain.

Waters FundThe government has established a special fund for

water protection in general. The Waters Fund revenue isderived from pollution charges levied on all individualsand legal entities that pollute. A special public enterprisethat oversees water economy collects this revenue. Feesare based on a fixed rate per “pollution unit”.

Other government bodies that cooperate with the SEIor even coordinate their work with the SEI are theinspectorates of other ministries, such as the:

• State Inspectorate for Forests and Hunting;

• State Inspectorate for Waters;

• State Agriculture Inspectorate; and

• State Health and Sanitary Inspectorate.

Collaboration with these inspectorates is neededbecause violations of the Environmental Act are usuallyviolations of other laws as well, e.g. releasing toxic andwaste materials into the soil may cause contaminationof underground waters, which may then contaminatethe springs of drinking water. Drinking water is con-trolled by the State Health and Sanitary Inspectorate.

There is also a specific situation when environmentaldamage is a secondary consequence of another crime.If someone starts a fire or detonates a bomb, the degra-dation of the environment is an indirect consequence.

Cooperation with other institutions or scientific insti-tutes is important when the inspectorate is performingits compliance assessment function. There is a need forhorizontal collaboration with other state enforcementbodies. This type of collaboration already exists, butthere is room for improvement. The integrated inspec-tor’s approach to enforcement is carried out only on anad hoc basic.

Permitting System and Connection to the EPA

According to the Environmental Act, investors areobliged to protect the environment in pursuing techno-logical processes. The minister of environment deter-mines the type of facilities and technologies for whichEIA and technological documentation must beobtained. Article 29 of the Environmental Act requiresindividuals and legal entities that have caused pollutionto submit analyses to the MoEPP on the sources of suchpollution, along with the steps they will take to reduceit to maximum permissible concentrations.

Legal entities and individuals who pollute the air,water or soil are obliged to take adequate measures andto protect the environment and nature. They must mon-itor the impact of pollution on the quality of environ-ment and nature, and collect the evidence of the results.

According to Article 30 of the Environmental Act, onthe basis of the submitted technical documents, theMoEPP may issue a written permit for the integrated pre-vention and control of pollution (IPCP). This permitmeans that the MoEPP approves the eco-project. The per-mit outlines the conditions under which business activi-ties may start. If the facility changes its technical processto one that is included on the MoEPP’s list, the proceduremust be repeated. (For more information see Annex 2.)

The Environmental Act adopted in 2000 establishedthe permitting process. Article 30 gives details on theprocedure. However, it has never been fully imple-mented because of professional shortcomings at theMinistry of Transportation. “Permitting,” as defined inEU legislation, does not take place in FYR Macedonia.


The SEI enforces environmental laws and regulations. Compliance checks involve an assessment of adher-

ence to basic environmental law as well as with existingsectoral laws. Because an effective permitting process is



not in place, and since only some polluters have envi-ronmental permits, inspectors may only make inspec-tions if legally permissible pollution limits are exceeded.

The present needs of the SEI are additional person-nel, including a broad network of local inspectors.

Enforcement ProceduresThrough the State Environmental Inspectorate,

MoEPP supervises compliance with environmentallaws, regulations and policies. (For more informationsee Annex 3.)

The main enforcement tool is inspectorate supervi-sion, which involves:

• technical measures taken by polluters;

• supervision of natural resources;

• protection from the waste, ionised and non-ionisedradiation; and

• noise reduction.

The inspectorate supervision is enforced by the SEIthrough administrative procedures. Inspectors whodetect legal infractions have the authority to:

• give orders to eliminate pollution or environmentaldegradation, and to restore the environment to itsoriginal state within a specified period of time;

• ban the activities of legal entities or individuals thatharm the environment, regardless of whether the viola-tors possess the relevant permits provided by law;

• prohibit the use of working premises, equipment,appliances or devices that adversely affect the envi-ronment and fail to meet prescribed conditions;

• temporarily seize equipment, devices or appliancesthat cause environmental pollution or degradationuntil any defects have been corrected, or until thecourt makes a final decision; and

• enforce re-cultivation within a reduced time-frame.

The SEI issues written permits for taking measures. Ifthe inspectorate’s decisions are not respected, and if thelaw-breaker is identified, the SEI is authorised to initiatecriminal proceedings, which usually leads to the offend-ers being fined.

The penalty charges are divided into several groupsaccording to their amounts. Fines may be imposed onboth individuals and legal entities.

Punitive measures are also outlined in the CriminalCode (Official Gazette of RM, No. 37/1996). TheCriminal Code has a special Chapter entitled: “Criminaloffences against the Environment.”

Civil liability is possible if damage is caused. This lia-bility is regulated by the Law on Obligations.

Insurance claims related to environmental damagehave not been reported.

To exercise their executive powers, inspectors needmore legal training, as they lack administrative proce-dure knowledge. Inspectors cannot plan for futurework because they are too few and their time is fullyoccupied with ad hoc visits.

There are no liability provisions in the legal system,and inspectors who cause damage cannot be made topay for it. This is a result of the legal system: the liabili-ty of an inspector or other government employee can-not easily be proved in court.

Environmental InspectorateOrganisation, Human Resources, Training

The SEI is one part of the MoEPP (Annex 4). It has adirector and seven deputies, who are spread betweenthe cities of Skopje, Gostivar, Strumica and Veles.

The inspectors in the SEI have the following acade-mic qualifications:

• four have bachelor’s degrees in technology;

• two are qualified civil engineers;

• one is an agriculture engineer; and

• one has a bachelor’s degree in biology.

In addition to inspectors, the SEI has a lawyer, anoth-er civil engineer and two mechanical engineers.

The SEI has five passenger cars and three off-roadvehicles. The inspectorate has six personal computers.

For its inspections, SEI staff have the followingequipment:

• eight Canon EOS 3000 cameras;

• eight Olympus dictaphones;

• eight Maglite flashlights with rechargeable batteries;

• eight Panasonic VHS – C video cameras;

• eight pairs of binoculars;

• ten alarm dosimeters for measuring absorbed andemitted doses of ionised radiation;

• two portable detectors for beta and gamma ionisedradiation;

• six Motorola walkie-talkies;

• eight cellular phones;

• one patrol boat;

• eight life jackets; and

• sundry protective clothes.





To facilitate capacity-building and institutionalstrengthening in the SEI, two projects have been imple-mented through UNDP and the Programme. These pro-jects have included visits to similar institutions in thecountries of CEI and the EU, and technical assistance.

The SEI is financed from two sources. Basic financ-ing is covered by the budget of the MoEPP (80%). Theremainder is derived from the MoEPP’s own income.(This revenue comes from polluters who are obliged topay for the measurements of emissions, noise levels andother factors).

After the establishment of the SEI the most outstand-ing difficulties were the lack of vehicles and communi-cation equipment, and a seperate laboratory forMoEPPs. Due to the very low number of inspectors,these problems remain largely unresolved.


The SEI keeps statistical data on all inspections andsite visits. At the end of the year, annual reports are pre-pared including the number and type of the activitiesperformed.

Approximately 1,000 visits are made to legal entities,and some 950 written reports are issued each year.Approximately 30 cases annually result in criminalaction being taken. About five cases are reported to theDistrict Attorney’s Office for criminal proceedings to beenacted. In the rest of the cases, enforcement measuresare not required because polluters fulfil their legalobligations according to written decisions issued by theSEI in the administrative procedure.

Up to 70% of the visits are made in response to com-plaints filed by citizens, and the rest are made in thecourse of the inspectorates’ routine supervisory activities.

Data Storage and Retrieval SystemsThe MoEPP’s Information Centre for the

Environment (Annex 5) handles the collection, process-ing and storage of data relevant to the environment. Themain task of the centre is the operation of an informa-tion system for environmental protection. The centrereceives the data from other government institutions, aswell as from scientific and expert organisations.

All government institutions are obliged to cen-tralise collected data into the centre. Potential pol-luters must keep records about the quantities andtype of waste and dangerous materials they use andproduce in their regular operations. This data shouldbe submitted to the centre, which then publishes thecollected information.

The basic functions of the centre are as follows:

• using and transferring the data from other informa-tion and statistics systems;

• collecting and processing data about the state andquality of the environment; and

• public presentation of data about the quality of theenvironment.

The centre consists of two sections: the InformationService and the Public Communication Office.

There is also information storage. Information is notcollected into any information system. The informationis only connected to the case files. The major pollutershave a separate case file in which all information, writ-ten decisions, records on visits, citizens’ reports, andlaboratory measurements are kept.

The SEI needs more computer hardware andtraining in the use of the computers.


The Central Laboratory monitors pollution sourcesand samples air, water and soil as well as noise lev-els. The laboratory has specially trained personneland special equipment for monitoring, sampling andanalysis. It makes analyses at the behest of the SEI.Monitoring and sampling can also be carried out atthe request of any polluter. The public may accessthis information through the Information Centre ofthe MoEPP.

In addition to the MoEPP the following organisa-tions are also involved in the monitoring process:

• Hydrometeorological Institute;

• Republic Institute for Health Protection;

• Hydrobiological Institute of Ohrid; and

• other scientific and expert organisations authorisedby the minister of the environment.

Data collected by these bodies and institutions arethen passed on to the Ministry’s Information Centre.

The SEI is in charge of making sure those responsi-ble fulfil their requirements for self-monitoring andreporting.

Inspectors perform sampling on an ad hoc basisonly. In more complicated situations sampling andquality assurance are overseen by the CL.

The skills of the present staff are adequate,though monitoring equipment could be improved.

Compliance AssessmentFYR Macedonia’s juridical system does not provide

any legal basis for institutionalising assessment of com-pliance with environmental laws.

Enforcement Actions and Reporting Capabilities

In their reports, inspectors note who is being inspect-ed, what sort of operation it is, what precisely has beeninspected, what pollution data has been collected, andwhat measures were taken, if any. These reports arethen incorporated into periodical and annual reports.

On the basis of these reports the director of the SEIassesses the work and efficiency of every inspector.

Peer reviews are not carried out, nor has Parliamentor any other state institution done anything similar.





Annex 1: Structure of the Environmental Protection Agency

Director

Special NaturalHeritage Unit

Monitoring andEnvironmental

Impact AssessmentUnit

CentralEnvironmentalLaboratory Unit

TechnicalSecretary

BiodiversityUnit

Manager Manager Manager Manager

4 Councilors 2 Councilors 4 Councilors 7 Councilors

Director: Konstantin SiderovskiBiodiversity Unit: Aleksander NastovSpecial Natural Heritage Unit: Vasil AnastovMonitoring and Environmental Impact Assessment Unit: Sokol KlinarovCentral Environmental Laboratory Unit: Katica Vasilevska


(The Act on Environment and Nature Protectionand Promotion, Official Gazette No. 69/96,no.13/1999, no. 41/2000)

Article 42During supervising the implementation of measuresto protect the air against pollution, the inspectorshall be obliged to specify whether:

1. the polluter has permissible prerequisites forreducing pollution levels, in accordance with tech-nical-technological standards concerning equip-ment and technology used, and with legal norms;

2. in cases of excessive utmost levels of emissionsand permissible imissions, the pollutant hastaken the necessary technical and technologicalmeasures;

3. the polluter has carried out prescribed emis-sion measuring procedures, and records ofmeasurement procedures already conductedare being kept;

4. treatment facilities function in accordance withprescribed technical standards;

5. the legal entity or individual in question hasdeveloped environmental- technological projectsand whether it has been implementing the same;

6. legal entities and individuals mentioned underArticle 18 of this Act, regularly and within pre-scribed time periods, submit relevant reportsand data to the Ministry of the Environment andthe Centre;

7. monitoring systems have been functioning well;and

8. specifies other circumstances within his/hercompetence are specified.

Article 43In supervising the implementation of measures toprotect waters against pollution, the inspector shallbe obliged to specify whether:

1. the entity possessing (i.e. the user, the source ofpollution has provided prerequisites for reduc-ing pollution down to permissible level;

2. in cases of exceeding the permissible level ofquantities of hazardous substances in wastetechnological and sanitary waters, or when thereis an increased temperature of technical waters,the entity possessing or the user has takenappropriate technical-technological measures;

3. the user has conducted the necessary measure-ment procedures on the quality of wastewatersprior to their being released into natural recipi-ents (rivers, lakes, soil);

4. legal entities and individuals mentioned underArticle 18 of this Act, regularly and within the termsspecified, submit relevant reports and data to theMinistry of the Environment and to the Centre;

5. the legal entity or the individual in question hasdeveloped environmental-technological pro-jects, and whether it has been implementing the same;


7. other circumstances within his/her competenceare specified.

Article 44In conducting supervision of the implementation ofmeasures to protect soil from pollution, and erosion,the inspector in charge shall be bound to specifywhether:


Annex 2: Articles 42-47 of the Environmental Act



1. measures have been taken to limit pollution anderosion to prescribed levels;

2. in cases where pollution and erosion haveexceeded the levels permissible, and whether ade-quate bio-technical measures have been taken;

3. prescribed projects concerning soil recultivationhave been respected;

4 the legal entity or the individual has preparedenvironmental/technological projects andwhether it has been implementing the same;


6. other circumstances within his/her own compe-tence are specified.

Article 45In conducting supervision of the implementation ofmeasures of protection against hazardous noise, theinspector in charge shall be bound to specify whether:

1. the owner or user of the noise source has pro-vided prerequisites for keeping the noise withinthe limits prescribed;

2. in cases of cessation of conditions under which ahigher level of noise has been allowed as anexception, whether noise itself has decreased;

3. the owner of the noise source has taken the pre-scribed technical/technological measures tokeep the noise within the limits prescribedregarding relevant equipment and technologyand the environment in whichpeople live;

4. facilities for measuring noise have been func-tioning in accordance with relevant norms;

5. the legal entity or the individual has preparedenvironmental/technological projects andwhether they have been implementing the same;



Article 46In conducting supervision of the implementation ofmeasures to conserve particularly protected specialnatural resources and bio-resources, the inspector incharge is bound to specify whether:

1. protection of the plant and animal world andprotected special natural resources has beenconducted under the conditions and in a mannerprescribed by Law;

2. cadastres of protected special natural resourceshave been kept in accordance with the method-ology prescribed and whether cadastre datahave been submitted to the administrative bodyin charge;

3. programmes regarding conservation and devel-opment of protected special natural resourcesand annual plans concerning their implementa-tion have been passed and implemented;

4. protected mobile nature goods have beenexported or taken abroad with relevantapprovals and whether approvals issued havebeen recorded;


Article 47In conducting supervision of measures taken forprotection against ionic and non-ionic emissions,the inspector in charge shall be bound to specifywhether:

1. the owner or the user of the ionising and non-ionising radiation source has provided prerequi-sites for keeping the emission itself within thelimits prescribed;

2. in cases of exceeding the prescribed highestlimit values, whether adequate measures havebeen taken;

3. prescribed measures and checking procedureshave been carried out;

4. records on ionising and non-ionising radiationmeasurements have been kept;

5. the legal entity or the individual has developedenvironmental/technological projects andwhether it has been implementing the same;


7. specifies other circumstances within his/her owncompetence.



Annex 3: Articles 52-58 of the Environmental Act

(The Act on Environment and Nature Protection andPromotion, Official Gazette No. 69/1996,No.13/1999, no. 41/2000)

Currency exchange: EUR 1.00=MKD 62.00

Article 53A fine from MKD 200,000 to 300,000 shall beimposed upon a legal entity for an offence should it:

1. in the using of natural wealth, exploitation ofmineral raw materials, construction of new cites,re-construction of existing cities, production orexecution of other activities, cause damage orconsiderable changes to natural resources andbio-resources, or in some other manner degradeand pollute the environment and nature againstthe norms prescribed, and should it fail to pro-vide for the protection of the environment andnature with its technical documentation andwith the implementation of the same (Article 15,Paragraphs 1 and 2);

2. by using mineral raw materials, disposing wastebarren substances, ash and slag and by carryingout other action, degrade soil and fail to re-culti-vate or in some other way rehabilitate the samethrough a rehabilitation project (Article 17);

3. fail to keep records of data on harmful and haz-ardous substances inputs during the pursuit of anactivity and on the nature and quantities of waste,harmful and hazardous matters it has created andreleased into the medium of the environment,and should it fail to submit relevant informationto the Ministry of Environment (Article 18);

4. produce and release certain commodities andconduct particular actions that jeopardise theenvironment or people’s health, despite the rel-evant prohibition act of the minister of environ-ment (Article 19);

5. release into public an item (commodity) ,described as an “eco-item,” which does not meetrelevant manner and criteria specified by theminister of environment (Article 20);

6. fail to cease its actions and conduct additionalscientific and expert research and inform of thatthe Ministry of the Environment, in such order toeliminate the causes of environmental andnature degradation (Article 22, Paragraph 1);

7. throw away or disposes of industrial, dangerousand special waste outside sites specified for thatpurpose (Article 23, Paragraph 1);

8. fail to conduct re-cultivation of a waste-disposalfacility on the basis of a relevant project (Article23, Paragraph 2);

9. import waste, hazardous, dangerous andradioactive substances and release, keep, useand dispose of such substances (Article 24,Paragraph1);

10. import technologies, technological lines,licences and substances that are prohibited inthe country of origin or country of export forenvironmental reasons (Article 24, Paragraph 4);

11. import or produce substances placed on the listof substances containing dangerous and harmfulmatters, the import, production or use of whichis prohibited in the Republic of FYR Macedonia(Article 26);

12. fail to submit the necessary data to the entitydeveloping the cadastre of pollutants of the air,waters, protected special natural resources, pol-lution and degradation level of the soil and to theregister of waste and harmful matters (Article 28);

13. fail to develop and submit to the Ministry of theEnvironment an environmental/technologicalproject and implemented measures, normativesand standards prescribed by the law for the pro-tection of the environment and nature and



should it fail to monitor the impact of the pollu-tion source over the quality of environment andnature, or fail to keep records of results derivedfrom measurements conducted (Article 29)

14. [expert organisations] fail to submit relevant datato the Ministry of the Environment (Article 31,Paragraph 2);

15. put into use or traffic protected bio-resources andnature entities without permission (Article 32);

16. [legal entities] fail to develop, submit, registerand programme for protected special naturalresources (Article 33);

17. use and apply equipment, devices and appli-ances generating noise exceeding the valuespermissible by law (Article 34); and

18. when using equipment, facilities and plants thatare sources of ionising and non-ionising radiation,fail to provide adequate protective measures andprofessional staff and depose of waste outside sitesspecified for that purpose (Article 35, Paragraph 1).

A fine of MKD 30,000 to 50,000 shall be imposedupon the person or particular legal entity responsiblefor actions mentioned under Paragraph 1 of thisArticle.

With reference to the activity referred to in para-graph 1 of this Article, a protective measure pro-hibiting the execution of a given activity for a peri-od of six months to five years shall also be imposedon the legal entity.

With reference to the person that, as a particularlegal entity, has been responsible for actions men-tioned under Paragraph 2 of this Article, in additionto the fine, safety measures prohibiting the execu-tion of profession, activity or duty for a period ofthree months to one year shall also be imposed.

Article 54A fine of MKD 10,000 to 30,000 shall be imposedupon each individual performing a registered activ-ity should it fail to act in compliance with provisionsfrom Articles 15, Paragraphs 1, 17, Paragraphs 1, 18Paragraphs 1, 22 Paragraphs 1 and 29 of this Act.

Article 55A fine of MKD 5,000 to 30,000 shall be imposedupon the person responsible of the legal entity orthe organisation should they:

1. fail to keep records of protected areas and enti-ties within the register, or fail to submit docu-mentation in the manner prescribed to the com-petent body (Article 33); and

2. fail to adopt a programme in compliance withprovisions from this Act (Article 33).

Article 56A fine of MKD 5,000 shall be imposed on the spoton an individual for an offence (a mandatory penalmeasure) if:

1. they fail to act in accordance with the order givenby a caretaker of protected natural goods (and onthe basis of the latter’s authorisation) or they pre-vent the latter from performing his/her duties;

2. they throw away or dispose of any waste what-soever outside the site intended for that pur-pose. Should an individual be caught while dis-posing of waste from a trunk outside a waste dis-posal site, the trunk shall be confiscated on thespot and charges levied on that individual andthe body responsible over said individual(Article 23, Paragraph 1); and

3. concerning action mentioned under Item 2 ofthis Article, apart from inspectors mentionedunder Article 40 of this Act, the right and respon-sibility for issuing penalties shall

4. be given to an officer of the Ministry of Interiorin charge of public order and peace.

In cases where an individual fails to pay the manda-tory penalty on the spot, the inspector in chargeshall report the offence as a criminal act on the basisof his/her own findings, either to the Ministry ofInterior official responsible for maintaining publicorder and peace, the national park guard, or someother individual authorised to safeguard protectednatural goods.

Article 57A mandatory fine of MKD 3,000 shall be imposed onthe spot should an individual do the following with-in a protected area:

1. park a vehicle outside the site intended for thepurpose, within a site of protected special natur-al resources, or drive a vehicle off the road per-mitted over green areas;



2. light a fire outside the site allowed for that purpose;

3. throw away garbage outside the site intended forthat purpose;

4. enter prohibited zones;

5. wash his/her vehicle by or in rivers and lakes;

6. damage marking and warning signs;

7. allow leakage of motor oil and transmission fluidinto the soil, storm drains, communal seweragenetworks and wastewater collection networks,rivers or lakes;

8. pick or gather protected plant or animal species,or cause damage to trees and bushes;

9. graze cattle within protected areas;

10. introduce dangerous facilities, accessories orsubstances that may jeopardise a protectednature part or entity; and

11. leave damaged vehicles or vehicle parts.

Penalties mentioned under Item 1 of this Article shallbe collected on the spot (mandatory) either by theinspector of environmental protection conductingsupervision over measures implemented to con-serve protected nature goods, an officer of theMinistry of Interior in charge of keeping public orderand peace, a guard of a national park or some otherindividual in charge of safeguarding nature goods.

In cases where an individual fails to pay the manda-tory penalty on the spot, the inspector in chargeshall report the offence as a criminal act, on the basisof his/her own findings or on the charge brought bythe Ministry of Interior officer in charge of maintain-ing public order and peace, the national park guardor some other individual authorised to safeguardprotected nature.

Article 58A fine of MKD 50,000 to 150,000 shall be imposedfor an offence upon a legal entity should they:

1. fail, within the protected area, to carry out mea-sures of protection and use of forests and forestland specified by the programme of protectionand development of national parks;

2. fail to mark protected areas and borders in themanner prescribed;

3. gather wild animal and plant species, seeds,fruits, eggs and other less-developed forms forthe purposes of exploitation or release into traf-fic, contrary to relevant regulations, and

4. fail to provide for or prevent the execution ofsupervision for inspection purposes, or fail toprovide required information, samples andmaterials.

Concerning offences mentioned under Items 1, 2and 3 of this Article, a fine of MKD 10,000 to 50,000shall be imposed upon the person in charge at thelegal entity.



Annex 4: Structure of theState Environmental Inspectorate

Director Technical Secretary

Currently only 7 inspector positions have been filled:

• Skopje: 4 + director

• Strumica: 1

• Veles: 1

• Gostivar: 1

Contact: Tel: (389-2) 366-930, ext. 133

Fax: (389-2) 366-931

10 Inspectors



Annex 5: Structure of the EnvironmentalInformation Centre

Manager

Manager of Information: Svetlana Gyorgjeva

Deputy Manager of Information Centre: Sasho Sekulovski

Head of Public Relations Office: Marionka Vilarova

Head of Information System Office: Biljana Siderovska

Information SystemOffice/Head

Public RelationsOffice/Head

Deputy Manager

2 Councilors 6 Councilors

LibraryAssistant

Assistant ineconomic

issues


Country Profile: Romania

Prepared byNicolae Horea Avram

February 2002

R O M A N I A

Bucharest

Iasi

BlackSea

B U L G A R I A

S E R B I AA N D

M O N T E N E G R O

H U N G A RY

U K R A I N E

MOLDOVA

GalatiBrasov

Ploesti

ConstantaCraiova

Timisoara

Cluj-Napoca

0 50 100

kilometres

Administration 145

Institutions with Similar Competetencies Collaborating with the EPI and Their Responsibiities According to Environmental Law 150

Permitting System and Connection to EPIs 151



Environment Inspectorate Organisation,Human Resources, Management and Training 157





Enforcement Performance and Procedures for Assessing Compliance 160

Annexes

Annex 1: Chart of Environmental Inspection Visits 162

Annex 2: Law on Environment Protection 163

Annex 3: Diagram of County Environmental ProtectionInspectorate 164

C O U N T RY P R O F I L E : R O M A N I A


Table of contents



AdministrationMinistry of Waters and Environmental Protection

The Ministry of Waters and Environmental Protection(MWEP) is a specialised body of the central publicadministration directly subordinate to the government.MWEP implements national water and environmentalpolicy, develops harmonisation strategies and regula-tions; and coordinates the application of governmentstrategy in the field of environmental protection.

According to Government Decision No. 17 issued inJanuary 2001, the MWEP performs the following in thefield of environmental protection:

• issues environment permits and (depending on thecase) agreements, authorisations and special permits inaccordance with Romanian and international law;

• enforces special regulations regarding organisationestablishment and environment-related liabilities withinthe privatisation process through its regional units;

• organises the environmental and natural resourcesmonitoring activities, elaborates and publishes infor-mation and reports concerning environmental status,participates in the sub-regional, regional and globalmonitoring programmes regarding the environmentand natural resources;

• organises and coordinates the development ofaccreditation procedures for environmental andwater management laboratories and for certificationof environmental management systems;

• acts as a technical and administrative body for envi-ronment-related international treaties, conventionsand agreements, and as a national focal point and/orcompetent national authority for activities coordinat-ed by international organisations and institutionsaccording to the provisions of the international legis-lation ratified by Romania;

• elaborates research, studies, prognoses, policies andstrategies in the field of environmental protectionwith the purpose of obtaining information and datarequired to support decisions regarding environmen-tal protection and sustainable development;

• promotes juridical, economic and financial instru-ments, and free market principles to stimulate theimplementation of environmentally friendly productsand technologies, and to change consumption andproduction models;

• elaborates and promotes projects on normative acts,methodological norms and application instructionsin the field of environmental protection;

• initiates project standards, and revises standardsaccording to their international evolution andimprovement requirements;

• issues licenses for private and juridical personsauthorised to develop environmental impact assess-ments and ecological balances;

• is directly responsible for the protection and preser-vation of natural habitats, for the preservation ofbiodiversity and sustainable use of its resources, andfor the development and administration of thenational network of protected areas in accordancewith the policies and practices on the European andglobal levels;

• provides the legal and institutional framework tofacilitate and stimulate dialogue between stateauthorities, the scientific community and civil soci-ety on the strategies and decisions regarding envi-ronmental and social-economic development ofthe country;

• updates and enforces the strategy and the NationalAction Plan for Environmental Protection and theNational Action Plan for Preservation of Biodiversityand Sustainable Use of its Components, as well asother environmental protection-related strategiesand policies; and

• provides coordination and technical secretariat of theInter-Ministry Committee for the promotion of the pri-ority objectives established in the National ActionPlan for Environmental Protection, as well as of theNational Committee for Climate Change and of theNational Committee for Ozone Layer Protection.

There are several units subordinate to or under theauthority of the MWEP:

Country Profile: Romania

• Units subordinate to the MWEP:Public institutions financed by the state budget, legalpersons, with a number of employees not exceeding1,883:

- the National Commission for Control of NuclearActivities;

- 42 county environmental protection inspectorates(CEPI), including the Bucharest municipalityinspectorate; and

- administration of the “Danube Delta” Reservationof the Biosphere.

• Units under authority of the MWEP:

- Apele Romane S.A. (Romanian Waters Inc.) —National Waters Administration Company; and

- “Institutul Nacional de Meteorologie, Hidrologie iGospod, Rire a Apelor” S.A. — (National Institutefor Meteorology, Hydrology and WaterAdministra-tion Inc).

• Scientific research and design units coordinat-ed by the MWEP, legal persons, financed byextra-budgetary resources:

- the National Institute for Research andDevelopment for Environmental Protection –INCDPM Bucharest;

- the Grigore Antipa National Institute for MarineResearch and Development – INCDM Constanta;

- the Danube Delta Research and DevelopmentInstitute (INCDDD).

Environmental Protection Inspectorates The responsibilities and competencies of the

Environmental Protection Inspectorates (EPIs) are stip-ulated in Government Decision No. 17/2001 regardingorganisation and operation of the MWEP (Annex 3).The CEPIs supervise and coordinate the activities relat-ed to the environment, biology, natural resources, eco-logical balance and environmental protection. Theydevelop draft regulations and the norms regarding thepermitted content of toxic emissions. They obtain dataon the quality parameters and their evolution of envi-ronmental sectors. The CEPIs also offer technical con-sultation and provides field expertise for every invest-ment economic agent in the respective county, andensure the application of the environmental strategy.

The CEPIs also:

• Elaborate recommendations for sector strategies andenvironmental policy, setting up deadlines accordingto the stages of the transition to the market economyas well as for those policies regarding environmentalplanning in correlation with land and urban devel-

opment, environmental restoration and reconstruc-tion with the purpose of implementing a nationalenvironmental strategy;

• create the organisational framework required foraccess to information and for the participation ofother local and central authorities, non-governmen-tal organisations (NGOs) and the population in thedecision-making process on policies, regulations,licensing procedures and urban and land develop-ment plans regarding the environment;

• initiate law proposals, technical norms, regulations,procedures and directives according to internationalstandards;

• elaborate and implement environment-relatedprogrammes;

• elaborate educative materials on the importance ofenvironmental protection;

• follow up the implementation measures of inter-national conventions on the environment signedby Romania;

• monitor and analyse the stages of enforcement of theenvironment law and draw up annual reports regard-ing the state of the environment, which are then pre-sented to the MWEP and then published by the gov-ernment;

• sanction the entities responsible for breaking thelaws on the environment;

• provide the interested parties with centralised dataregarding the state of the environment and environ-mental protection programmes and policies;

• periodically consult NGOs and other representativesof civil society with the purpose of establishing ageneral strategy on the environment and decisionmaking in cases that could affect the environment;

• organise the Environmental Guard in two years,starting with the promulgation of GovernmentalDecision No. 1167/2001 on the establishment of theEnvironmental Guard.

CEPIs cooperate with all local authorities and eco-nomic agents and are entitled to receive information,data and documents connected to environmental pro-tection within limitations of the law and of orders issuedby the MWEP.

CEPIs also monitor and analyse the way in which thespecialised regional bodies, private and state-ownedenterprises and private persons in the respective coun-ties fulfil their obligations as stipulated by the environ-ment law and take measures in this respect.

CEPIs support the economic agents in determiningthe causes that lead to deterioration of the environmen-tal sectors’ quality, and in the removal of such causes.They are also actively involved in the information gath-





ering process on the environmental sectors and inestablishing and enforcing, within the confines of thelaw, measures to remove the causes that lead to thedeterioration of the environment, ecological balanceand resources.

In cooperation with the specialised regional bodiesthe CEPIs draw up synthesis papers and technicalreports regarding the evolution of the environmentalsectors, life quality and ecological balance. The reportsare analysed together with local authorities and eco-nomic agents, and are then communicated to the MWEP.

According to the Environment Law No. 137/1995,Ministerial Order No. 541/2000, and GovernmentDecision No. 17/2001 and No. 125/1996, and relevantjob descriptions, the responsibilities of the followingunits detailed in the following sections.

Service for Ecologic Inspection andMonitoring of Environmental Investment

The Service for Ecologic Inspection and Monitoringof Environment Investments (SEIMEI) each year elabo-rates the inspection policy of the CEPI, thus ensuringthe planning of inspection activities by establishingobjectives, tasks and concrete actions.

The SEIMEI organises inspections within its regionaljurisdiction by inspecting the operating activities of eco-nomic agents that could have a negative impact on theenvironment, especially those companies and institu-tions which could significantly alter the environment, asdefined by this regulation.

In cooperation with the staff from the ministerial spe-cialised services, the SEIMEI organises and exercisescontrol over the way in which legal dispositions, normsand standards in force are followed and applied for:

• atmosphere protection;

• surface and underground water and aquatic ecosys-tems protection;

• soil and land ecosystems protection;

• nature, landscape and natural habitat protection,preservation of biodiversity, flora and wildlife;

• exploitation of biological resources of flora andwildlife, including exploitation of fish from naturalwaters and hunting of wild animals;

• regime of protected areas and monuments of nature;

• human habitat protection;

• regime of pesticides and fertilisers for agriculture;

• regime of toxic chemicals and waste; and

• other aspects that fall within inspection servicecompetence according to the laws and regulationsin force.

The SEIMEI controls the way in which legal disposi-tions in force regarding authorisation of social and eco-nomic activities with a negative impact on the environ-ment are obeyed and enforced, and takes measures asstipulated by the law.

The SEIMEI controls the way in which the provisionsof the authorisation documents (agreements, permits,and other similar documents) issued by the authority forenvironmental protection are respected, and takes themeasures as stipulated by the law.

The SEIMEI controls the way in which the provisionsof the approved urban and land management pro-grammes are respected, and takes measures accordingto the law.

The SEIMEI controls the implementation of the spe-cial measures of economic agents with a high risk ofnegative impact on the environment, including specialmeasures to avoid environmental accidents in order tominimise the effects of natural disasters, and takes mea-sures according to the law.

The SEIMEI advises the economic agents that operatesocial and economic activities with a negative impact onenvironment with a view to improving their environ-ment-related performance, prevention of environmen-tal pollution and/or maintaining and improving thequality of the environment and rehabilitation of pollut-ed areas.

The SEIMEI organises and controls the import andexport operation for hazardous or dangerous materials,products and other goods with a special trading regimeaccording to international legislation regulating interna-tional trade with such products and goods, and it direct-ly cooperates with all competent authorities, includingcustoms, and takes measures according to the law.

The SEIMEI deals with complaints regarding viola-tions of environmental law.

The SEIMEI participates with other departmentswithin the CEPI in the elaboration of the local environ-mental policy and to improve the application of envi-ronmental law and regulations, mainly for those eco-nomic agents having a significant impact on the environment.

The SEIMEI cooperates with other departments with-in the CEPI in the issuing of authorisation documents, aswell as in the elaboration of compliance programmesfor existing activities that do not meet authorisationrequirements. It monitors implementation of the mea-sures established in compliance programmes and themeeting of set deadlines.

The SEIMEI also recommends various measures toCEPI management to improve cooperation with otherdepartments of the EPI and participates in the elabora-tion of concrete action plans to correlate regulation,inspection and monitoring activities in order to improvethe institutional capacity of the CEPI.

For economic agents that operate in two or morecounties, the SEIMEI cooperates with the representa-tives of other CEPIs to address those activities/econom-ic agents that have been identified by at least one EPI ashaving a significant impact on the environment.

The SEIMEI applies the measures stipulated by thelaw for disobeying legal dispositions, establishes thefacts constituting offences and applies financial sanc-tions or, if required, informs law-enforcement authori-ties as stipulated by law.

The SEIMEI informs the MWEP on the necessity todevelop specific regulations, guides or technical normsand on the personnel training requirements for specificproblems, on a case-by-case basis.

The SEIMEI cooperates with other inspection andcontrol bodies of local and central authorities, NGOs,private or legal persons, and can initiate or participatein common actions with all these institutions and organ-isations with the purpose of improving environmentalinspection activities, pollution prevention, adherance toenvironment law, and improvement of environmentalsectors.

The SEIMEI carries out any other inspection and con-trol activities as stipulated by law and takes the relevantmeasures.

Service for Authorisation, Agreements and Permitting

The main responsibility of the Service forAuthorisation, Agreements and Permitting (SAAP) is toanalyse the technical documentation required for theprocurement of the environment agreement and autho-risation, in addition to the water management agree-ment and authorisation. After examining documenta-tion, the SAAP draws up a guide containing the specificpermits of other institutions necessary for the procedureof the authorisation.

The SAAP also analyses the environmental impactstudies required for the procurements of the environ-ment agreement and authorisation, analyses the techni-cal documentation required for approval by the MWEPwhen the environment agreement elaboration is in thecompetency of the MWEP, and draws up a recommen-dation, which is then forwarded to the competentdepartments of the MWEP.

The SAAP verifies the data and information present-ed in the documentation of permit application.

The SAAP also issues consulting notes, participates inthe committees for acceptance of investments thatcould constitute a possible risk to environmental sec-tors; ensures organisation of public debates, media cov-erage and consultation of civil society on the initiationof certain projects with an environmental impact; issuesregulatory documents according to competencies attrib-

uted by the regulatory procedures for social and eco-nomic activities with an impact on the environment.

The SAAP makes proposals for research themes andinvestment works designed to prevent or combat envi-ronmental pollution; and also for the environmentalimpact assessment of large industrial units, constructionworks or land improvements. It participates with dataand technical information in the elaboration of norma-tive acts, standards and other general interest works asrequired.

Service for Integrated Monitoring of Environmental Sectors

The Service for Integrated Monitoring ofEnvironmental Sectors (SIMES) organises the databaseattached to integrated monitoring systems at a countylevel by:

• collection and storage on a daily bases of data on thequality of environmental sectors, as provided by thelaboratory subordinated to each CEPI, as well as ofthe data and information provided by other depart-ments of the CEPI;

• collection and storage of data on the quality of envi-ronmental sectors, as received by fast and slow infor-mation flow channels or of the data provided by thelaboratories within the system of the National WaterCompany;

• recording status of waste as well as toxic and haz-ardous substances, classification of localities, cate-gories, branches of activity, recovery opportunitiesin cooperation with the SEIMEI and the newly estab-lished department for management of waste andtoxic substances;

• drawing up informative notes regarding unusualenvironment-related events with respect to the pro-visions of information flow and their transmittal tosuperior authorities.

Bureau for Preservation of Nature and Biodiversity

The Bureau for Preservation of Nature andBiodiversity (BPNB) keeps records of endemic, rare,endangered, and protected species from natural faunaand flora and bio-geographic characteristics of thecounty’s territory.

The BPNB also keeps records, verifies and analysesthe condition of protected areas and monuments ofnature in the county’s territory, ensures that the organi-sation and administration plans of such areas adminis-tered by environment protection authorities areapplied, and coordinates these plans for protected areasin the jurisdiction of other authorities.



The BPNB identifies and proposes protection regimefor areas of terrestrial and aquatic natural habitats, plantand animal species of special interest, geological-palaeontological-and cave formations.

The BPNB makes proposals for ecological recon-struction of degraded land, regardless of the destinationand form of ownership.

The BPNB analyses and participates in harvesting cer-tain species from the local flora and fauna according to itscompetencies, upon request from economic agents. It alsoanalyses and participates in the permitting process con-cerning preservation of natural habitats and biodiversity.

Department of Waste Management,Toxins and Dangerous Substances

This is a new department created to manage a databaseon urban and industrial waste, and to elaborate the LocalWaste Management Plan at a county level. Its responsibili-ties include the implementation of waste legislation.

Department for Programmes, Projects and Public Relations

The responsibilities of the department are as follows:

• ensure an institutional and administrative frameworkfor identification, promotion and implementation ofprojects and programmes of importance for thepreservation of the environment at a local level;

• propose projects to reduce harmful effects on theenvironment from social and economic activities,and to support environmentally friendly technolo-gies and techniques;

• disseminate information from programmes or pro-jects relevant to environmental protection to all inter-ested parties;

• compile centralised disposal data regarding thedegree of implementation of central and local pro-grammes and policies on the environment;

• make a prognosis regarding the quality of environ-mental sectors at a local level;

• initiate the elaboration of technical documentationfor the project proposals to be financed by interna-tional projects and programmes with a special focuson the Danube and Black Sea basin and theCarpathian Mountains, as well as development pro-grammes for special economic areas (regional andcross-border) with the help of specialised, decen-tralised services of other central and local authoritiesand the representatives of economic and social eco-nomic agents; and

• provide public-relations services for the CEPI accord-ing to specific procedures.

Specific legislation for operational activities of theEnvironmental Protection Inspectorates

Law No. 137 – issued on December 29, 1995 andrepublished on February 17, 2000 — the law regardingenvironment protection. The object of this law is theregulation of environmental protection as a major pub-lic-interest objective on the basis of the principles andstrategic elements that lead to the sustained develop-ment of society (Annex 2).

Ministerial Order No. 125 — issued on March 19,1996 — regarding approval or regulation proceduresfor economic and social activities with an impact on theenvironment. This order regulates the procedure of theenvironmental impact assessment, for the applicationand procurement of the environment agreement or, ifrequired, environment authorisation, having in docu-mentation the other associated permits of other institu-tions, according to the provisions of the EnvironmentProtection Law and international obligations.

Ministerial Order No. 756 — issued on November 3,1997 — the order regarding approval of regulationsconcerning environmental pollution assessment. Thisorder regulates the procedures and technical normsconcerning the identification of prejudices to the envi-ronment with the purpose of determining responsibili-ties and recovery of these prejudices.

Ministerial Order No. 184 — issued on September 21,1997. This order details the procedures for drawing upthe environment balance, its fields and contents asrequested for the authorisation process, as well asregarding changes in ownership, destination or cessa-tion of social and economic activities that have animpact on the environment in accordance to Law No.137/1995 and Law 88/1991 regarding privatisation ofstate-owned companies with all subsequent comple-tions and modifications.

Ministerial Order No. 462 — issued on July 1, 1993 —the order regarding approval of technical conditionsconcerning protection of the atmosphere and method-ological norms on determining pollution with atmos-pheric emissions from stationary sources. The objectiveof these is the protection of humans, animals and vege-tation, and of their biotopes, protection of water, soiland materials against atmospheric pollution that couldlead to injuries or discomfort.

Government Ordinance No. 2 — issued on July 2,2001 – regarding legal status of contraventions.

Law No. 73 — issued on May 4, 2000 — the lawregarding the environment fund, modified byGovernment Ordinance No. 93/2001.

Ministerial Order No. 541/2000 – the order contain-ing technical norms for the operation and organisationof control and inspection activities in the field of envi-ronmental protection. These norms establish a unitary



methodological and technical framework regardingexercising inspection attributes in environment protec-tion and ensure reinforcement of the institutional frame-work on environmental inspection in order to make itmore efficient according to Romanian law and interna-tional obligations incurred by Romania.

Ministerial Order No. 524/2000 — the order contain-ing instructions regarding the methodology of elaborat-ing atmospheric emissions inventories.

Ministerial Order No. 340/2000 — the order regard-ing approval of nomenclature of services that can berendered by CEPIs as well as fees.

Law No. 655/2001 for approval of EmergencyGovernmental Ordinance No. 243/2000 — regardingatmosphere protection.

Law No. 107/1997 — law on waters.Law No. 103/1997 — law on the wildlife fund and

hunting.Law No. 632/2001 for the approval of Government

Emergency Ordinance No. 236/2000 — the law regard-ing the status of protected areas, preservation of natur-al habitats, flora and wildlife.

Law No. 426/2001 for the approval of GovernmentalEmergency Ordinance No. 78/200 — the law regardingwaste.

Governmental Decision No. 173/2000 — the deci-sion regarding the management of PCB and PCT(Biphenyl Policlorurates) substances from mineral oil.

Law No. 6/1991 — the law regarding ratification ofthe Basel Convention.

Law No. 69/1994 for ratification of the Conventionon International Trade in Endangered Species of WildFauna and Flora.

Law No. 84/93 for the accession of Romania to theVienna Convention for the Protection of the OzoneLayer, adopted in Vienna on March 22, 1985 and of theMontreal Protocol on Substances that Deplete theOzone Layer, adopted in Montreal on September 16,1987, and for the acceptance of the Amendment to theMontreal Protocol, adopted at the second Meeting ofthe Parties in London, June 27-29, 1990.

Governmental Decision No. 662/2001 — the deci-sion regarding the management of oil waste.

Governmental Decision No. 1057/2001 — the deci-sion regarding batteries and accumulators containingcertain dangerous substances.

Law No. 74/1993 — the law for ratification of theVienna Convention for the Protection of the OzoneLayer and Montreal Protocol on Substances that Depletethe Ozone Layer, and of Montreal Protocol onSubstances that Deplete the Ozone Layer and theLondon Amendment to the Montreal Protocol.

Law No. 9/2001 — the law for accepting theCopenhagen Amendment to the Montreal Protocol onSubstances that Deplete the Ozone Layer.

Law No. 206/2001 — the law for accepting theMontreal Amendment to the Montreal Protocol onSubstances that Deplete the Ozone Layer.

Law No. 159/2000 — the law regarding a traderegime and restriction in the use of halo-hydrocarbonsthat affect the ozone layer.

Law No. 462/2001 — the law for approval ofEmergency Governmental Ordinance No. 236/2000regarding a natural protected areas regime, conserva-tion of natural habitats, flora and wild fauna species.

Ministerial Order No. 647/2001 — the order regard-ing the permitting procedure of activities for sampling,capture, acquisition and trade in the domestic market,and import/export of species of wild flora and fauna, aswell as procedure regarding trading activities withendangered and non-endangered species of wild floraand fauna.

Institutions with SimilarCompetencies Collaborating withthe EPI and Their ResponsibilitiesAccording to the Environmental Law

The CEPIs cooperate with the following organisations:

• Ministry of Internal Affairs and Police — especiallywith county inspectorates of police;

• Ministry of Agriculture, Foods and Forestry — espe-cially with the Directory of Forests/Nature and itscounty directorates;

• Ministry of Health and Family — especially withcounty inspectorates;

• Ministry of Industry and Resources — especially withlocal and national companies;

• Ministry of Public Works, Transport and Housing —especially with local and national companies, andinspectorates;

• Ministry of National Defence;

• Ministry of Education and Research;

• port and river-catchment basin authorities;

• communities and municipalities; and

• NGOs — especially with working group for specificproblems.

Companies, units or services of the Ministry of the PublicWorks, Transport and Housing and the Ministry of InternalAffairs ensure, on the basis of the norms approved by thecentral authority, environmental control in:

• emissions of gas exhaust;

• noise intensity and vibrations produced by vehicles;





• transportation of hazardous materials; and

• building safety inspections.

The decentralised institutions of the Ministry ofHealth and Family have the responsibility to performthe following:

• supervise the health status of the population in con-nection with the quality of the environment;

• control the quality of drinking water and food products;

• elaborate environment-related hygiene norms incooperation with the MWEP;

• report annually on the influence of the environmenton public health and cooperate with the MWEP inestablishing and applying measures for improvingthe quality of life;

• cooperate with other ministries that have their ownsanitary network to accurately access the health sta-tus of the population and to protect the environmentin their field of activity; and

• cooperate with CEPIs.

Units of the Ministry of National Defence have thefollowing competencies:

• elaborate specific norms and instructions accordingto the law, with respect to the ecological principlesof environmental protection for its own activities andoperations;

• supervise the compliance of military personnel withenvironmental protection norms for activities in mil-itary spheres; and

• restrict the actions of military personnel and applysanctions for violations by said personnel of the envi-ronment protection legislation.

The units of the Ministry of Education and Researchensure the adaptation of educational programmes andplans on all levels to create awareness of ecological andenvironment protection principles.

Local authorities have the following competenciesand responsibilities:

• supervise application of land and urban improve-ment plans in accordance with environment-relatedplanning;

• supervise the subordinate economic agents to pre-vent accidental emission of pollution or uncontrolledstorage of waste, and to develop waste-collectionsystems for waste recovery;

• adopt programmes for the development of the sew-erage systems, water supply systems and waste-water management systems, as well as developmentof public transportation;

• provide specialised services of urban ecology andenvironmental protection and cooperate with thecompetent environmental protection authorities; and

• promote a healthy attitude in the community onenvironmental protection issues.

The police and the financial guard are obligated to pro-vide support upon request to representatives of the envi-ronmental protection authorities. By March 2002, theMinistry of Waters and Environmental Protection will beelaborated, as will the job description for the EnvironmentGuard, including the provision of new services.

Permitting Systemand Connection to EPIs

According to the Law of Environment Protection No.137/1995, the environment protection authorities leadthe authorisation procedure and issue agreements andpermits.

An application for an environment agreement iscompulsory for new investment and for modification ofexisting investment for the activities stipulated inAnnex 3 of the above-mentioned law.

An application for an environment permit is compul-sory for the operation of new economic agents thatalready possess an environment agreement, within oneyear of the promulgation of Law No. 137 for existingactivities. Those activities which do not imply construc-tion works require only an environmental permit, withthe exception of those mentioned under point 8, lettersg and i in Annex 2 of this law (g= activities implyingclearing of forest vegetation outside the national forestfund; i= import and export of plants and animals fromspontaneous fauna and flora — these activities areissued by a separate procedure).

The environment agreement and/or permit may berevised if new elements not known at the date ofissuance occur, and in the case of their renewal whenredrafting of the environmental impact assessment maybe required. The environment agreement or permit maybe suspended, for lack of compliance to its provisionsfor no more than six months. CEPIs can order the ces-sation of the activity or project execution after expira-tion of the suspension term. For existing activities thatdo not comply with the authorisation requirements, theCEPI orders the drawing up of an ecological balanceand establishes a compliance programme in mutualagreement with the holder. The compliance pro-gramme is part of environmental authorisation. Afterexpiration of each term in the programme, in the eventof failure to comply, the competent CEPI orders activityto cease. All litigations generated by the issuance, revi-sion or suspension of the environment agreement or

permit will be solved in accordance with Law No.29/1990 on administrative contentions.

The authorisation procedure is a public one. TheCEPI arranges media coverage of the projects and activ-ities requiring an environmental agreement or permitand environmental impact assessments, as well as pub-lic debate. Specialised bodies, licensed private or legalpersons, will perform the environmental impact assess-ments, and the owner of the project or activity will coverall expenses. This also applies when an environmentalimpact assessment renewal is required. The owner isresponsible for the accuracy of information providedduring the authorisation process, and the licensed bodyis responsible for the accuracy of the environmentalimpact assessment. In the event of change in destinationor ownership of the investment, as well as when activi-ties with an impact on the environment cease, the for-mer owner is obligated to execute the ecological bal-ance with the purpose of establishing the obligationsregarding rehabilitation of the environment in theimpact area of the said activity. The competent CEPIrevises the ecological balance, establishes the compli-ance programme, and the former owner negotiates withthe new owner the acceptance of earlier obligations andthe compensations to which it is entitled by applicationof ecological protection and reconstruction measures.

In 2001 the process of issuing authorisation docu-ments at the level of a CEPI was realised by the issuanceof 42,656 documents, of which 13,651 were environ-ment agreements (32 percent) and 29,005 environmentpermits (68 percent).

As far as the type of activity is concerned, the mostimportant part is composed of low-impact activities(services and trading, public alimentation, public utili-ties) representing 60 percent of the total; average-impact activities (small industry, gas stations) constitute20 percent and major-impact activities (big industrialunits) represent approximately 10 percent.

Information regarding the ‘Single Office’The Directive for Permitting and Certification partici-

pated in the elaboration of Governmental Decision No.625/2001 as well as in the elaboration of the ProtocolProject signed (on the basis of Article 5, Paragraph 2 ofEmergency Governmental Ordinance No. 76/2001)between the MWEP and the National Chamber ofCommerce and Industry of Romania, and in elaborationof the application methodology conceived as an inte-grant part of the protocol.

According to provisions of the environmental pro-tection legislation, the authorisation competency for theeconomic agents involved in commercial activitiesbelongs to the CEPIs. For operation authorisation ofcommercial entities by the “Single Office” within thecounty chambers of commerce, representatives of the

Service for Authorisation Agreements and Permits ofeach CEPI were designated to take part in the authori-sation process according to stipulations of the afore-mentioned legal acts.

Regarding implementation of the new legislationregarding operation authorisation of commercialagents, the Direction for Permitting and Certification ofthe MWEP elaborated “The instructions regarding appli-cation of the procedure for regulation of activities withan impact on the environment” within the “SingleOffice” that contain the classification on any type ofactivity in the CAEN (national classification of econom-ic activities) code to which authorisation procedureapplies as follows:

• Annex 1 comprises the activities for which the regu-latory act is not required (company headquarters);

• Annex 2 contains the low-impact activities for whichsimplified authorisation procedure is applied and theregulatory act is issued within 20 days; and

• Annex 3 includes those activities with a significantimpact on the environment, as those mentioned inAnnex 2 of the Environment Protection Law and forwhich the procedure stipulated in the MinisterialOrder No. 125/1996 is applied.

The requirements in the permitting process areas follows:

• improve advisory opportunity/capability in order toimprove actual capability of employees; and

• manpower increase in checking of permits. The actu-al legislation is too permissive.


The control of economic activities and application ofthe provisions of the legislation in force are performedon the basis of the stipulations of Ministerial Order No.541/2000 regarding “technical norms pertaining to theorganisation and operation of inspection and controlactivities in the field of environmental protection,” TheDirective for the Ecological Control and Monitoring andthe CEPIs enforce this order. These norms are issuedaccording to Article 64, letters (d), (e) and (m) andArticle 68, Paragraph 1 of Environment Protection LawNo. 137/1995 (EPL) by the MWEP.

These norms establish a unitarily technical andmethodological framework regarding the exercising ofinspection competencies in the field of environmentalprotection and ensure reinforcement of the institutionalframework on environmental protection inspection.

Inspection is compulsory for economic and socialactivities having an impact on the environment as clas-



sified by the norm mentioned previously. Accreditedenvironment inspectors exercise the inspection. Forthose economic agents that could potentially have anegative impact on the environment, the inspectionactivity is also compulsory after their closing, so that theowner would comply with the rehabilitation require-ments of the respective area. This type of inspectionwill be performed periodically at intervals that mayvary, depending of the economic agent and its impacton the environment. Activities that could lead to high-impact effects in the event of system failures, accidentalpollution, calamities and any other significant pollutionof the environment take highest priority.

Due to the fact that in recent years an increase ofaccidental pollution cases and severe breaches of theenvironment law have been observed with no opportu-nities to establish the exact responsibility of legal or pri-vate persons, there is an ongoing project ofGovernment Decision for the Establishment of theEnvironment Guard (EG). By creating this structure, thegovernment intends to increase its efficiency in the fightagainst offences committed in the environmental field.

The EG, a control body with a special status andestablished following the reorganisation of the ecologi-cal control departments at a central and local level, willhave a General Commissioner’s Office of the EG bytransforming the Directorate for Ecological Controlwithin the MWEP and County Commissioner’s Officesof the EG by transforming the ecological inspection ser-vices within the CEPIs. The organisation of the EG willtake place in the next three months. The control per-sonnel will have a special uniform and will be armed.The EG will have the following competencies:

• controls installations with a major impact on theenvironment;

• performs technical inspections of the economic agentsthat carry out activities subjected to the environmentalimpact assessment procedure, according to the law;

• follows up the execution of environmental protec-tion investment at all stages;

• participates in interventions to remove or minimisethe effects of environmental pollution, as well asactivity to prevent accidental pollution;

• controls and records breaches of environment-related laws and regulations, and applies financialsanctions as stipulated by law;

• informs penal authorities and cooperates with thepolice in establishing facts that constitute a punish-able offence;

• In case of accidents or ecological disasters with across-border effect, cooperates with the specialisedstructures in the neighbouring countries for preven-tion, diminution and elimination of the effects.

Planned compliance promotion activities are incor-porated into enforcement procedures.

Ad hoc promotion activities are available at a the-matic inspection site.

Annual compulsory compliance checking is used toevaluate the level of conformation, in the permittingand privatisation process.

Compulsory follow-up actions are taken after everysite inspection.

The compliance checking covers all environmentalfields. Noise is covered by the regional health inspec-torates, and radioactivity fields are covered by theNational Commission for Nuclear Activity Control — adepartment of the MWEP.The needs for compliance checking and pro-

motion are as follows:

• development of the compliance-checking proce-dures for major industrial activities;

• enhancement of communication skills for coopera-tion with other authorities;

• development of compliance-promotion strategies;

• development of a code of conduct for compliancechecking/promotion;

• development of a compliance-response strategy.

Enforcement ProceduresResponsibilities

Responsibilities of inspection and control depart-ments within CEPIs are as follows:

• elaborate the inspection policy at the CEPI level,ensuring the framework for performance of inspec-tion activities by establishing objectives, tasks andaction performance indicators;

• carry out inspection activities on the territory of thecounty and of Bucharest, respectively of the eco-nomic agents that operate activities having an impacton the environment, mainly of those economicagents having a significant impact on the environ-ment as defined by the present regulation;

• organise control (in cooperation with the personnelof specialised services and exercise), over the way inwhich the legal dispositions, norms and standardsare enforced regarding:

- atmosphere protection;

- protection of surface and underground waters andaquatic ecosystems;

- protection of the soil and land ecosystems;

- protection of nature, landscape and natural habi-



tats, preservation of biodiversity, of natural faunaand flora;

- exploitation of biological resources of wild faunaand flora, including exploitation of the fishing innatural waters and hunting;

- regime of protected areas and monuments ofnature;

- protection of human habitats;

- regime of hazardous chemicals and waste;

- regime of pesticides and chemical fertilisers; and

- other aspects that fall within the competency of theinspection and control services as stipulated by law.

In addition to these tasks, CEPIs also:

• control how legal dispositions in force regardingauthorisation of social and economic activities hav-ing an impact on the environment; are respected andapply the penalties provided by law;

• control how the provision of the authorisation docu-ments (permits, agreements, authorisations, and oth-ers) issued by the CEPI are respected and apply thepenalties as stipulated by law;

• control how the provisions of compliance pro-grammes and environment-related obligations estab-lished by the privatisation procedure, change ofownership or cessation of activity of social and eco-nomic agents are respected and apply the penaltiesstipulated by the law;

• control how legal and private persons operatingenvironment-impact activities comply with legal dis-positions regarding the authorisation procedures andapply the penalties as stipulated by law;

• control how land and urban improvement plans arerespected and approved according to the law, andapply measures as stipulated by law;

• control the taking of special measures in regard toeconomic agents subject to high risks of negativeimpact on the environment, including special mea-sures to avoid ecological accidents and to reduce theeffects of natural disasters, and apply penalties asstipulated by law;

• organise and exercise control regarding import andexport operations for products, goods and othermaterials with a special trading regime according tointernational law and cooperate to this end with allcompetent regional authorities, including customsand apply measures as stipulated by law;

• deal with all complaints in connection with breach-ing of environment protection law;

• advise the economic agents that operate social andeconomic activities with a negative impact on theenvironment with a view to improving their environment-related performance, prevent envi-ronment al pollution and maintain and improve thequality of the environment and rehabilitate pollut-ed areas;

• participate with other departments within the CEPI inthe elaboration of local environment policy andimprove the application of environmental law andregulations, mainly in regard to economic agentshaving a significant impact on the environment;

• cooperate with the other departments within theCEPI in the issuing of authorisation documents, aswell as in the elaboration of compliance pro-grammes for existing activities that do not meet theauthorisation requirements, and monitor implemen-tation of the measures established in the compliance programmes and the meeting of setdeadlines.

The inspection service also recommends manage-ment measures to the CEPI to improve cooperation withother departments of the CEPI and participates in theelaboration of concrete action plans to correlate regula-tion, inspection and monitoring activities in order toimprove the institutional capacity of the CEPI.

The CEPI applies measures stipulated by law for dis-obeying of legal dispositions, establishes the facts con-stituting offences and applies financial penalties or, ifrequired, informs the law-enforcement penal authori-ties as stipulated by law.

The CEPI informs the MWEP on the specific regula-tions, guides or technical norms that need to be devel-oped, and looks into personnel-training requirementsfor specific problems, on a case-by-case basis.

In exercising their competencies according to thelaw, the inspection services cooperate with otherinspection and control bodies of local and centralauthorities, NGOs, private or legal persons, and mayinitiate or participate in common actions with all theseinstitutions and organisations with the purpose ofimproving environment inspection activities, pollutionprevention, adherence to environmental law andimprovement of environmental sectors.

As in exercising their competencies, the inspectionservices cooperate with all subordinate regionalunits, coordinated by or under the authority of theMWEP. Other inspection and control activities arecarried out as stipulated by law, and take corre-sponding measures.



Economic agents and activities subject to inspectionNewly established economic agents and activities

For newly established economic agents and/or activ-ities regulated by an environmental agreement, inspec-tion is compulsory for the entire duration of objectiveexecution until being put into service (including the testperiod of technological equipment) so that the holdermeets all requirements of the environmental agreementand of other pre-agreement documents taken intoaccount when issuing the authorisation document.

Existing economic agents and/or activitiesFor those activities and/or economic agents that do

not hold an environment authorisation inspection, it iscompulsory to facilitate the procurement of environ-mental authorisation:

• for those activities and/or economic agents that do holdan environmental authorisation, inspection is compul-sory for the duration of the economic agent’s operation,the control being carried out on the basis of environ-mental authorisation and legal norms and standards;

• for authorised economic agents following a compli-ance programme, the inspection is required to verifythe deadlines imposed in the programme;

• upon cessation of activities generating a negativeimpact on the environment when the former ownerhas drafted the environment balance and/or negotiat-ed with the CEPI the compliance programme to estab-lish the obligations regarding the rehabilitation of envi-ronment quality in the impact area, inspection is thencompulsory to verify that the measures stipulated inthe programme have been taken and deadlines met.

The economic agents and activities having an impacton the environment are classified as follows:

• Type-A economic agents — those economic agentsthat carry out one or more activities with significantimpact on the environment;

• Type-B economic agents — those economic agentsthat do not fall within the A-category and which areidentified by each CEPI on the basis of the selectioncriteria and could have a significant impact on theenvironment.

The above classification can be modified, taking intoaccount possible changes in a specific activity.

Types of inspectionGeneral inspection for authorisation

A general inspection for authorisation (GIA) isapplied to economic agents that have submitted an

authorisation application, before the issuance of theauthorisation document or on updating of an environ-ment authorisation, being compulsory for those eco-nomic agents having a significant impact on the envi-ronment. The GIA is performed by a team of represen-tatives of authorisation departments and representativesof inspection departments. The goals of the authorisa-tion inspection are as follows:

• determine the degree of compliance with the legisla-tion in force;

• verify the accuracy of the information presented bythe applicant in the authorisation documentation;

• control sampling modalities and monitoring activitiesof the applicant, if a self-monitoring system exists;and

• identify required measures to be taken and negotiat-ed in the compliance programme for those units thatdo not meet the authorisation requirements.

Diagnosis inspection A diagnosis inspection (DI) aims to identify the causes

of non-compliance of the economic agent to various stip-ulations in the environment protection legislation and/orto advise the economic or social agent on the existence offailures to comply due to negligence in the operation andmaintenance of industrial equipment. The DI can be per-formed upon the request of the economic agent.

Compliance assessment inspection A compliance assessment inspection (CAI) is per-

formed by economic agents that operate an environ-ment-authorised activity and ensure a minimum degreeof self-monitoring of emissions and/or are monitored bythe laboratories of other entities or CEPI. The CAI is per-formed for these activities having a significant impact onthe environment. The goals of the CAI are as follows:

• verify how the economic agent complies with therequirements of the environment authorisation,including the monitoring requirements;

• verify the stages of compliance measures imposed inthe compliance programmes for the units that do notmeet the authorisation requirements; and

• visit and assess activities in the pre purification/purifi-cation stations, laboratories, technological processesgenerating significant amounts of waste, quality ofeffluent and emissaries including the activities in con-nection with rehabilitation of polluted areas.

General inspection The general inspection (GI) is specific to compliance

assessment taking place after the issuance of environ-mental authorisation to verify those units having a low





impact on the environment. The GI is performed by oneindividual to verify the compliance of the activity with theprovisions of the environment authorisation and with therequirements of environment-related legislation.

Compliance assessment inspection with sampling

The compliance assessment inspection with sampling(CAIS) includes sample taking. It is performed for eco-nomic agents holding an environmental authorisationthat may or may not have self-monitoring emission sys-tems. In addition to having goals similar to those at theCAI, the CAIS is also intended to perform the following:

• verify the accuracy of data reported to the CEPI and/orfor the monitoring programme, on a case-by-case basis;

• verify whether emissions fall within the permissibleconcentration limits as stipulated by law;

• identify whether environmental authorisation mustbe renewed (if new pollution limits are enforced);

• access the possible need to modify the pollutant moni-toring frequency established in the environment autho-risation and to propose re-evaluation if necessary.

This type of inspection is performed in regard to thoseeconomic agents having a significant impact on the envi-ronment. If the inspection departments are not equippedwith the necessary technology to assess the pollutants onsite, the CAIS will be performed together with the repre-sentatives of the CEPI laboratory or other licensed labo-ratories that use adequate equipment and methodsaccording to the legal norms and standards in force.

Toxic and hazardous pollutants assessment inspection

The toxic and hazardous pollutants assessmentinspection is intended to identify and verify potentialsources of toxic and hazardous emissions or waste, aswell as the management of such substances. It can beperformed upon request from the economic agent.

Environment performance assessment inspection

The environment performance assessment inspec-tion is intended to advise the economic agent on theimprovement of environment-related performance byidentification of technological process deficiencies andof those sectors where management improvement isrequired, as well as to solve operation- and mainte-nance problems, prevent and reduce waste disposal atthe source and to increase productivity and efficiency ofthe economic agent. It can be performed upon requestfrom the economic agent.

Thematic inspection The thematic inspection is intended to assess the

necessity to elaborate specific assessments or reportsrequired for better information of the MWEP, publicopinion or other local public administration authoritiesand focuses on certain sectors of activity, substancesand/or products, environmental sectors, etc.

Inspection in the event of accidental pollution

Inspection in the event of accidental pollution is per-formed when accidental pollution that may lead to achange of physical, chemical, biological or bacteriolog-ical characteristics of the environmental sectors occurdue to accidents, system failures or other similar causesas a result of human error, negligence or natural calami-ties. Accidental pollution usually has high intensity andshort duration. The CEPI will immediately inform theMWEP if such pollution cases occur. The model for theinformation report is provided.

Follow-up inspectionFollow-up inspection is performed after another type

of inspection, mainly a CAI or CAIS, in order to controlthe taking of measures imposed during previous inspec-tions, and sometimes to assess compliance for some sec-tors that were not verified during previous inspections.

Penalty systemThe penalty system is objective and independent. If

more than one perpetrator is involved there is jointresponsibility. In the case of activities generating majorrisks damage, insurance is compulsory. The violation ofthis law implies civil, financial or penal liability, depend-ing on the case. The observation of offences and applica-tion of penalties is carried out by the personnel empow-ered by the MWEP, police officers, empowered personnelof the city and county administration and by the empow-ered personnel of the Ministry of National Defence,according to their varios legal competencies. A complaintagainst the sanction can be filed within 30 days from noti-fication, and the competent court will deal with it.

If someone is charged with endangering the health ofa large number of people, or has caused significant mate-rial damage, the penalty could be a three-to-10-yeardetention period and denial of certain civil rights; and inthe event of human casualties or important damages tothe national economy the penalty could be a seven-to-20-year detention and denial of certain civil rights. Anyattempt to commit such crimes is also punishable. Penalauthorities, according to legal competencies, performobservation and investigation of offences. NGOs havethe right to enforce justice for the preservation of theenvironment, regardless of the prejudiced party.

To conclude, the executive powers of the CEPI inenforcement are as follows:

• execute site inspections and follow annual planningof enforcement actions;

• unannounced visits similar to the thematic inspection;

• close an entire factory or part of it for non-compliance;

• claim penalties and collect fines;

• call in police assistance as needed;

• check accounting and bookkeeping – just environ-mental investigation, and waste statistics;

• file administrative charges; and

• file criminal charges.

The needs in executive powers are as follows:

• technical training for enforcement-office staff and legaltraining for all CEPI employees.

Environment InspectorateOrganisation, Human Resources,Management and Training

As mentioned above, Romania has 42 CEPIs employ-ing 400 inspectors.

In conformity with the last decision of the MWEP(February 8, 2002) every inspector must spend 94 daysper year on site visits to economic agents having amajor impact on the environment, and 26 days per yearon site visits to other economic agents.

The yearly regular training of management is provid-ed to the amount of three to four days per inspector.

The average duration of staff training is three weeksper year.

The institutional capability of the CEPI system wasimproved by project No. ROM–101, started in 1998, andfinalised with the support of the European Union. Thetotal financing totalled EUR 315,000.

The project had the following objectives:

• assessment of the institutional capacity for develop-ment of the approximation process;

• analysis and identification of the main differencesbetween EU legislation and national legislation;

• cost assessment for the approximation process;

• development of a priority system for the MWEP inthe approximation process; and

• establishment of a three-year approximation programme.

In 1998 the EU also financed another project No.ROM–102 “Elaboration of the Programme for

Implementation in Romania of the Environment LegislationApproximation.” This project continued to develop theanalytical activity initiated by project No. ROM-101 to pre-pare and consolidate the basis of the Programme forAdoption of Environmental Acquis Communitaire.

The main components of the project were as follows:

• support for development of a detailed approxima-tion programme;

• consolidation of administrative capacity for theapproximation process;

• ensuring a preparation programme for the approxi-mation process;

• support for the development of institutional coordi-nation mechanisms.

The MWEP participated in the creation of theNetwork for the Implementation and Enforcement ofEnvironmental Law for Accession Countries (AC-IMPEL) at the 1998 Tallinn summit of candidate coun-tries. Romania has been an active participant of thisnetwork ever since.

In the framework of institutional reform in 2001 theactions of the MWEP were oriented towards the restruc-turing and reorganisation of the regional units.

The predictable results are:

• better compatibility between the ministry structuresand CEPIs;

• better coordination regarding coverage of all issuesin the territory;

• reduction of operating costs of the local structures;

• opportunity to an integrated information system andformation of databases to help in the decision-mak-ing process; and

• integration within the system of all subordinate unitsand better operation of the MWEP with the accomplish-ment of its tasks and fulfillment of its responsibilities.

At present, the RO 9804 PHARE Project “Enforcementof Institutional and Administrative EnvironmentalPolicy- Coordination Capacity According to CommunityAcquis” is in progress. The programme has three spe-cific components:

• enforcement of institutional capacity;

• support of local and regional development; and

• provision of information and increase of public opin-ion awareness.

Based on the new DANCEE strategy and on the“Agreement between the Ministry of Waters andEnvironmental Protection in Romania and the Ministry ofEnvironment and Energy of the Kingdom of DenmarkRegarding Cooperation in the Field of Environmental



Protection,” signed in 2000, this new country programmewill constitute the foundation of environment-relatedactions in the next three years, and will ensure theachievement of all proposed objectives financially sup-ported by the Danish Government. The priority direc-tions of the Danish assistance are the following:

• improvement of public-administration capacity onenvironment-related issues at both central and locallevels;

• improvement of air quality and control of industrialpollution;

• improvement of water quality and water-supplysystems;


• natural resources management;

• enforcement of institutional capacity of companiesand training of managers responsible for projectsfinanced with Danish support;

• assistance for public participation in the decision-making process in the field of environmental protection;

• increasing responsibility of the private sector and itsinvolvement in the environmental protection process.

The projects of national interest proposed for the2002–2004 period are as follows:

• a financial strategy regarding implementation ofcommunity acquis in the field of air quality andindustrial pollution control; and

• assistance in the development of a reference labora-tory for monitoring of air quality.

Environmental Inspection in PracticeAccording to conformity with the last decision of the

MWEP to improve the activity of inspections in regard toenvironmental protection, time management will be car-ried out as follows: The number of inspection days perinspector is 94 (78 percent) to A-type economic agents(45 percent) per year. Twenty-six inspection days perinspector per year will be allocated to B-type economicagents. The time allocated for every site inspection atmajor pollution sources will be 1.5 day per inspector.Four days per week will be allocated for site inspectionand one day to administrative work. (See Annex 1.)

In 2001 the inspectors performed 52,656 controls ofthe economic agents having an impact on the environ-ment. For lack of compliance with the environmentlegislation the inspectors imposed 718 penalties with atotal value of ROL 6,706 million (EUR 204,120) and con-tributed to the invitation of 28 penal cases for severeinfringements of the law.

Additionally, the statistics are as follows:

• percentage of court cases/visits (approximately 15court cases per year);

• percentage reports/visits (every site inspection iscompleted with an inspection report);

• percentage complaint visits/total (1-2 visits per year);and

• percentage of successful court cases (40 percent);

The need for performance indicators are as fol-lows:

• development of indicators for evaluation of the per-formance of inspection activity;

• training in laws, including main legislation and spe-cific (sector) legislation;

• training in site visits in order to develop investigativeskills.

Data Storage and Retrieval SystemsAccording to provisions of the Law of Environmental

Protection No. 137/1995, publication of the quality ofenvironmental sectors and drawing up of reports on thestate of the environment and the centralisation of datawithin the CEPIs is the following:

• daily regime — when pollution exceeds permissiblelimits (for water, air and soil measured values), eventswith significant impact on environment occur, in caseof accidental pollution and other unusual events;

• monthly regime — in the form of a report on thestate of the environment at a county level (physical— geographical parameters, economic parameters,emissions, maximum concentration levels, radioac-tivity, soil quality, toxic substance regime, waste,degraded areas, biodiversity and protected areas,investment); and

• annual regime — in the form of a synthesis reportregarding environmental status, having the samestructure as the monthly report.

For the quality of surface waters, lakes, undergroundwaters and wastewaters including saprobiologic andbacteriologic characterisation, data from the regionalunits of the National Water Company and from the data-base regarding monitoring of eutrophication phenome-non are used.

Data on soil quality are provided by the Office forSoil Protection and Amelioration including data on soildegradation; a limited number of analyses of soil quali-ty are performed by CEPI.

There is an electronic database of monitoring ser-vices (sampling, state of environment, annual reports of



environment on quality, inspection site report, andother specific problems).

There is a database of industrial and urban waste.The needs for data storage and retrieval are as

follows:

• software for electronic storage, and to improvecapacity of actual logistics;

• training in the use of databases; and

• training in computer hardware.

Monitoring and Sampling, Access to InformationMonitoring

Monitoring of environmental sectors is performed atthe CEPI level (for monitoring of emissions, the Corinnairmethod was used in the last two years for emission com-putation; the Corinnair method is used on a national levelfor the annual inventory of atmospheric emissions result-ing from the main economic agent, and this action wasfinalised with a mathematic model, the purpose of whichwas the redesigning of the county and national environ-mental sectors monitoring network). Monitoring of pol-lutants at the source is not carried out due to the lack ofnecessary equipment. According to the EPL, polluters areobliged to self-monitor their emissions.

Monitoring of pollutants at the source is not carriedout due to the lack of required the necessary equip-ment. According to the EPL this polluters are obliged toself-monitor their emissions, but level of self-monitoring isvery low.

Counties are involved in the monitoring system forthe next indicators. For example, in Hunedoara county,for the determination of air quality (gas pollutants,aerosols, sedimentable powders, quality of rain andnoise level) the data obtained from the 151 monitoringpoints of CEPI Deva is processed. At the county level,the monitoring points are structured: nitrogen diox-ide=15 pts., sulphur dioxide=13 pts., phenols=2 pts.,ammonia=3 pts., acidity=6 pts., sedimentable powderswith monthly sample taking=70 pts (and with weeklysample-taking=12 pts.) and rain-water quality=14 pts.

For water and soil quality, information is derivedfrom 2 sources: self–monitoring for controls section(National Water Company for every 12 major riverbasins) or county offices for soil protection, and CEPIsampling (periodic planned testing).

Public access to informationAccess by the general public to information is

accomplished on the basis of Law No. 86/2000 ratify-ing the Aarhus Convention –— regarding public

access to environmental information — to contributeto the right of every person from present to futuregenerations to live in a decent and safe environment.The law grants the right of access to environment-related information, the participation of the public inthe decision-making process and environment-relat-ed access to justice.

The CEPI keeps an inspection report registry whereeach report is recorded in chronological order. Thenumber of the report is given an order number in theregistry. The registry and the inspection reports aremade available to the public (with the exception of theAnnexes 2 to 8) and can be consulted by interested par-ties — representatives of other regulatory bodies,NGOs, etc. at the CEPI headquarter following an pub-lished timetable.

Upon request the CEPI puts at the disposal of inter-ested parties, any document or data obtained or result-ing from:

• inspection of economic agents with the purpose ofenvironment authorisation or verification of compli-ance with environment-related legislation or previ-ously issued authorisation documents, and/or advis-ing the economic agent with the purpose of improv-ing environment-related performances; and

• measures established following inspection, the wayin which these measures are taken and whetherdeadlines are met.

The CEPI informs the public using the mass media atleast two times a year on any information regarding:

• environment status, taking into account the quality of allenvironmental sectors and their interaction; and

• local environment policy, plans and programmesdeveloped by the inspectorate, as well as the mostimportant measures for prevention, maintenance orimprovement of the quality of environmental sectors,and the measures taken to rehabilitate pollutionaffected areas.

Data that could negatively affect the following is notmade public:

• international relations, national or public security;

• the course of justice, the right of persons to a fair trialor the right of a public authority to conduct a penalor disciplinary investigation;

• confidentiality of commercial and industrial informa-tion, when the law to protect a legitimate economicinterest stipulates confidential status. In this context,the information regarding emissions having signifi-cant impact on the environment will be released tothe public; and

• intellectual ownership rights.



The CEPI encourages economic agents that operateactivities having a significant impact on the environ-ment to periodically inform the public of the impact oftheir activities and products the environment and of themeasures taken to improve their environment relatedperformance, of their voluntary actions to reduce pollu-tion, of the environment assessment to identify sensitiveissues and their activities, etc.The needs for monitoring and sampling are as

follows:

• training in sampling techniques (for monitoringoffices), and

• use of small monitoring equipment (for inspectors).

Compliance AssessmentThe process of compliance assessment is regulated

by Ministerial Order No. 278 issued according to theprovisions of Article 12, Paragraph 12, and Article 64(section ‘f’) of the EPL.

This regulation establishes the procedure of certifiedspecialised units, legal and private persons to performassessments concerning the impact on the environ-ment, and ecological balances according to the provi-sions of the EPL.

In certain circumstances the certificate issued to acertain entity can be withdrawn during its two-yearperiod of valididity. The MWEP, depending on the case,decides these exceptional circumstances, but they mayinclude one or more of the following situations:

• performing an Environmental Impact Assessment Studyor an Ecological Balance Evaluation that has been reject-ed on more than two occasions, and/or when an impor-tant number of Environmental Impact AssessmentStudies performed by the certificate have not beenfinalised with the issuance of authorisation documents;

• performing an Environmental Impact AssessmentStudy or an Ecological Balance Evaluation outsidethe realm of expertise of the certificated party;

• when one of the parties has violated the confiden-tiality clause or used data from the EnvironmentalImpact Assessment Study or an Ecological BalanceEvaluation to obtain other advantages;

• when performance of a certificated EnvironmentalImpact Assessment Study or an Ecological BalanceEvaluation does not comply with the Romanian leg-islation in force.

The main criteria for the compliance assessment areas follows:

• self-monitoring data from industrial activities (inter-nal audit, although this practice is applied by just fewpolluters);

• internal investigations according to the inspectionaction plan;

• complaints, evaluation of environment perfor-mances; and

• investigations by themes and thematic inspections.

Improved compliance assessment requires anenhancement of compliance indicators.

Enforcement Performance andProcedures for Assessing Compliance

The report on the performance of the inspectionactivities carried out by CEPI is issued on an annualbasis to the MWEP. The personnel empowered for spe-cific fields have the same obligation.

The annual inspection plan to be forwarded toMWEP includes the following:

• the list of Type-A economic agents approved by theMWEP;

• the list of Type-B economic agents approved by theMWEP;

• the inspection plan including the number of plannedinspections and types of activities to be performedfor each Type-A economic agent and priority activi-ties for Type-B economic agents; and

• a short description of planned activities included inthe inspection plan.

An annual report regarding the inspection activityforwarded to the MWEP with the purpose of comparingthe planned and real use of resources within the inspec-tion departments includes the following:

• information regarding the status of compliance withthe provisions of legislation in force of those econom-ic agents having a significant impact on the environ-ment, including the presentation of those inspectionsthat have led to the pollutants emission reduction;

• information on the most efficient inspections thathave led to significant improvement in the quality ofenvironmental sectors;

• status of penalties and violations;

• proposals to improve inspection activities: supple-mental training of personnel and/or other aspectsspecific to environment protection, elaboration ofguidebooks, manuals, etc.

The major tools for enforcement activities andactions are as follows:

• the number of fines per year;

• the amount of fines collected in euros;



• the number of major pollution sources inspected andfines applied;

• the number of successful court cases;

• improving the state of the environment.

Enforcement indicators and reporting capabili-ties could be improved through credibility-testing“peer reviews.”





Annex 1: Chart of Environmental Inspection Visits

Inspection preparation

Analysis of releventinformation about thecompany to be inspected;1. analysis of theof the company’s dossier;2. analysis ofenvironmental protectionlegislation regardingthe company profile; and3. analysis of otherenvironmentalinformation

Elaboration of theinspection plan

Preparation ofspecial sheets for

inspections

Companyannouncements

concerning inspections(on a case-by-case basis)

Field Inspection

Open session Control Elaboration ofinspection report

Final session

Final stage of inspection



Annex 2: Law on Environmental Protection

Law No. 137/December 29, 1995 - “Law onEnvironmental Protection” - published in theOfficial Gazette of Romania, Part I, No.304/December 30, 1995, republished in 2000 in theOfficial Gazette of Romania, Part I, No. 70/February17, 2000

Chapter IGeneral principles and provisions

Chapter IIRegulation of economic and social activities havingan environmental impact

Section 1 - Permitting procedure

Section 2 - Regime of dangerous substances, hazardous waste, as well as of other wastes

Section 3 - Regime of chemical fertilisers and pesticides

Section 4 - Regime for assuring protection againstionising radiation and safety of radiationsources

Chapter IIIProtection of natural resources and conservation ofbiodiversity

Section 1 - Protection of waters and aquaticecosystems

Section 2 - Protection of atmosphere

Section 3 - Protection of soil, subsoil and theterrestrial ecosystems

Section 4 - Regime of protected areas and ofnatural monuments

Section 5 - Protection of human settlements

Chapter IV

Prerogatives and responsibilities

Section 1 - Prerogatives and responsibilities of theenvironmental protection authorities

Section 2 - Prerogatives and responsibilities of theother central and local authorities

Section 3 - Obligations of natural and legal persons

Chapter VPenalties

Chapter VIFinal and transitory provisions

Appendix No. 1The meaning of some terms to the interpretation ofthe present law

Appendix No. 2List with activities, which are subject to the proce-dure for the environmental impact assessment forthe issuing of the environmental agreement and/orpermit

1. Transports

2. Energy

3. Hydro-Technical construction

4. Waste and packages removal

5. National defence

6. Sports, tourism, recreation

7. Industry

8. Other works or installations



Annex 3: Diagram of CountyEnvironmental Inspectorate

Guiding Board

Officefor

integratedmonitoring

andenvironmental

sectors

Services forecologicalcontrol andenvironmentinvestigation

Office forwaste

managementof toxics

anddangeroussubstance

Permitingservice

Office forprotectedareas and

biodiversity

Financialoffice

Chief Inspector

Human Resources

Chief Inspector Assistant

Programmes, Projectsand Public Relations

Accountant

Administrativeoffice

Directorate of Public RelationsLucia CeucaTel/Fax: (40-1) 410-0482Tel: (40-1) 335-7107E-mail: [email protected]


Country Profile:Serbia and Montenegro

Republic of Serbia

Prepared byZeljko Pantelic

February 2002

Republic of Montenegro

Prepared byTomislav Andjelic

February 2002

SERBIAAND

MONTENEGRO

MONTENEGRO

Belgrade

Subotica

AdriaticSea

A L B A N I A

BULGARIA

C R O AT I A

BOSNIA ANDHERZEGOVINA

H U N G A R Y

R O M A N I A

F Y RM A C E D O N I A

SERBIA

Vojvodina

Kosovo

Novi Sad

NisNovi Pazar

PristinaNiksic

Cetinje Podgorica

0 50 100

kilometres

Country Profile: Republic of Serbia 169

Administration 169

Inspectorate-Related Institutions 170

Permitting System and the Inspectorate 172

Compliance Control and Compliance Promotion of Inspection 172


Environmental Inspectorate Organisation, Human Resources, Training 175

Environmental Protection Inspectorate in Practice 175




Enforcement Performance, Actions and Reporting Capabilities 176

Annexes

Annex 1: Organisational Chart of the Ministry of Health and Environmental Protection 178

Annex 2: Inspection Services of the Directorate for Environmental Protection of Serbia 179

Annex 3: List of Urgent Needs 180

C O U N T RY P R O F I L E : R E P U B L I C O F S E R B I A


Table of contents

AdministrationThe Law on Ministries stipulates that in the Republic

of Serbia, the Directorate for Environmental Protection,an administrative body in the Ministry of Health andEnvironmental Protection, is in charge of state adminis-tration related to the following:

• the system of environmental protection and promotion;

• conservation of nature;

• establishing and implementing measures to conservenatural entities;

• protection of natural resources from pollution;

• establishing environmentally safe conditions for con-struction of new facilities in regions of special inter-est for the republic;

• manufacturing and utilising radioactive material anddisposing of it;

• tasks related to ionising and non-ionising radiation;

• protection from noise and vibrations;

• protection from toxic and dangerous materials inproduction;

• waste disposal;

• inspection supervision in the area of environmentalprotection;

• programming and coordinating international collab-oration in the field of environmental protection; and

• other tasks defined by law.

Serbia has no environmental protection agency. Nosuch institution is stipulated by the provisions of theEnvironmental Protection Law (Official Gazette RS, Vol.66/1991).

Intensive activity is in progress to set up a new min-istry of natural resources and environment, and thedraft Law on Environmental Protection System has beenprepared. The new ministry is expected to materialiseby the end of 2002. The draft law also calls for the estab-lishment of an environmental protection agency.

The Environmental Protection Inspectorate operateson the following two levels:

• municipal level: most towns (unfortunately not all)have municipal inspectors with fairly limited author-ity, i.e. they control polluters for whom the munici-pality issues licenses in the areas of air protectionand protection from noise; and

• republican level: the inspection service is within theDirectorate for Environmental Protection of Serbia.

The republican inspectors for environmental protec-tion are authorised to control implementation of regula-tions concerning environmental protection as definedby Articles 91-100 of the Environmental Protection Law,Articles 25 and 26 of the Law on National Parks (OfficialGazette RS Vol. 39 and 4/1993) and Articles 25-27 of theWaste Management Law (Official Gazette RS Vol.25/1996).

The Environmental Protection Law relegates the fol-lowing duties to the republican inspectors:

• Article 91 declares that the monitoring of this law’simplementation and pursuant regulations is carriedout by the ministry, unless stipulated otherwise, andthat monitoring of the measures concerning air pol-lution, conservation of protected natural resources,noise pollution, hazardous materials and ionisingradiation is conducted by the environmental protec-tion inspector.

• Article 92 declares that the republican minister ofenvironmental protection is in charge of inspectors’monitoring of implementation of measures for airpollution by installations whose licenses are issuedby republican ministries.

• Article 93 outlines duties for inspectors in the field ofair protection.

• Article 94 stipulates that the supervision of implementa-tion of the measures pertaining to natural resource pro-tection is carried out by the republican inspector forenvironmental protection, while inspection supervisionof the trade of endangered wild animals and herbs, andproducts made from these things, is carried out by theministry in charge of trade.

• Article 95 defines competence and authority of therepublican inspector in the monitoring of conserva-tion of protected natural resources.



Country Profile: Republic of Serbia

• Article 96 authorises municipal and town inspectorsto inspect and monitor implementation of measuresconcerning noise in residential, business and utilityfacilities.

• Article 97 defines the authority and duties of inspec-tors for the monitoring of measures for protectionfrom noise.

• Article 98 defines authority and duties of inspectorsfor the monitoring of measures related to ionisingradiation (which has not been implemented sinceadoption of the Federal Law on Ionising Radiation,which transferred the authority in this field to the fed-eral level).

• Article 99 declares that the Ministry of Health shouldmonitor the implementation of measures for protec-tion from ionising radiation in health care institutionsthat use sources of ionising radiation in diagnosticand therapeutic purposes.

• Article 100 sets out the authority and duties ofinspectors related to protection against dangerousmaterials (except in the production and trade ofexplosives, inflammable liquids and gases).

Several regulations have been derived from thesemain laws:

• the Environmental Protection Law;

• the Law on National Parks; and

• the Law on Waste Disposal.

An inspectorate with a staff of 39 republican inspec-tors is part of the Directorate for EnvironmentalProtection of Serbia (Annex 4). The inspectors work insix departments (a seventh department in Pristina is cur-rently out of commission). Each department covers sev-eral districts and has inspectors who work in satelliteoffices in some towns, particularly in major industrialcentres. Altogether, the inspectors have offices in 16towns, (Annex 2).

The Republican Inspectorate is headed by theinspectorate head, who is directly responsible to thedirector of the Directorate for Environmental Protectionof Serbia. Each department is headed by a departmenthead who delegates duties, performs the most complextasks of inspection monitoring, develops plans andwrites reports. The department head is responsibledirectly to the inspectorate head.

The inspectorate head organises the operation of theinspectorate, develops plans, writes reports, and partic-ipates in all activities needed for coordination ofresponses to chemical accidents.

The inspectorate helps develop laws and regula-tions (new ones and modifications of existing ones),usually through the participation of the inspectorate

head, department heads or some inspectors in spe-cialised commissions.

All republican inspectors have the same competenceand authority, but in practice they are divided into twogroups: technical inspectors who monitor polluters andforest/bio-inspectors who monitor conservation of nat-ural resources. Some exceptions to this principle havebeen made in practice.

The inspectors collaborate with departments in theDirectorate for Environmental Protection of Serbia, usu-ally with lawyers, experts in certain fields, and most ofall with groups of experts that evaluate studies of theimpacts of industry on the environment. The needs at the administrative level are as

follows:

• a new law on an protection system;

• a ministry for natural resources and environmentalprotection;

• an environmental protection agency; and

• a framework law on environmental protection systems with specific sectoral laws covering air pollution, water pollution, waste management, soilpollution, etc. (All are expected in the near future.)

Inspectorate-Related Institutions The Inspectorate of the Directorate for

Environmental Protection of Serbia collaborates withother inspection services (water resource management,mining, agricultural, veterinary, sanitary, market, firefighting, civil engineering, etc.). All have some dealingswith the Environmental Protection Inspectorate.

The Ministry of Agriculture, Forestry and WaterResource Management performs duties of publicadministration related to: conservation utilisation andpromotion of agricultural land, forests and waters,fauna and flora, water resource management and watersupply (the last category does not include water distrib-ution). The distribution of authority has proved inade-quate, and work is underway to amend the legislationand make the Republican Environmental ProtectionInspectorate fully competent in this area.

The Ministry of Mining and Energy performs dutiesof public administration related to mining, the oil indus-try, geological investigations and exploitation of miner-al resources. The ministry is charged with identificationand certification of classified reserve mineral resourcesand underground waters. The mining inspectorate collaborates with the Environmental ProtectionInspectorate on problems with quarries, pits, etc.

The Sanitary Inspectorate operates within theMinistry of Health and Environmental Protection. The



Sanitary Inspectorate usually responds to chemical acci-dents with the Environmental Protection Inspectorate,particularly when the water supply has been affected.

The Market Inspectorate operates within the Ministryof Trade, Tourism and Services.

Pursuant to the Environmental Protection Law, theMarket Inspectorate looks after the trading of protect-ed animals and plants. If a republican inspector dis-covers a violation in this field during his regularinspections, he/she must immediately inform the mar-ket inspector, who then applies all measures in his orher competence. In practice, good coordinationbetween these two inspectorates has never beenestablished. The notification of market inspection isalso important when the polluter pursues an unregis-tered activity (since the Environmental Protection Lawdoes not stipulate the possibility of sanctions against anatural entity, but only against a legal entity) andwhen the market inspector makes the polluter registerhis activity. It is the only way to manage the environ-mental protection problem.

The Ministry of Interior is in charge of traffic safetyon the roads; production and trading of explosive mate-rials, inflammable liquids and gases; and fire protection.The Fire-Fighting Inspectorate (part of the police force)monitors chemical plants, and has specially trainedbrigades that respond to chemical accidents.

The Ministry of City Planning and Building performsthe job of public administration related to the following:

• city and spatial planning;

• preparation, design and implementation of the spatial plan of the republic;

• preparation of spatial plans important for the republic;

• specifying the requirements for building facilities inregions recognised as areas of special interest,except for facilities producing and/or disposing ofradioactive materials.

The Building Inspectorate prohibits the constructionof buildings without proper licenses or permits. Forprojects that require an analysis of environmentalimpact, the Ministry of Health and EnvironmentalProtection is the only competent body for the issuanceof approval thereof.

The Republican Institute of Hydrometeorology per-forms systematic meteorological, agrometeorologicaland hydrological measurements. It is in charge of obser-vation, aggregation and data processing, as well as themonitoring, analysis and forecast of changes in weatherand waters. It monitors air pollution and the quantityand quality of water.

The Federal Institute of Hydrometeorology is veryimportant in cases of excessive pollution of waters andthe early forecast of such pollution.

The Nature Conservation Institute of the Republic ofSerbia is a professional organisation that handles tasksrelated to the conservation of natural resources. Theinspectors for protected natural resources do field workwith experts of this institute quite frequently.

The Recycling Agency has been set up pursuant tothe Waste Management Law. The agency carries out:

• professional activities related to the monitoring andcontrol of utilisation of secondary raw materials;

• market research of secondary raw materials;

• record keeping on available and required amounts ofsecondary raw materials and a database on sec-ondary raw materials;

• programmes, studies and analyses of technical andtechnological opportunities for the usage of sec-ondary raw materials;

• the location of facilities for disposal, storage andrecycling;

• categorisation of waste;

• issuance of guidelines on whether to classify wasteas secondary raw material or garbage; and

• the introduction of new technologies and recyclingprocedures.

The law provides opportunities for this agency toprovide public education on recycling. It performsother tasks in collaboration with domestic and interna-tional professional organisations, experts and spe-cialised agencies.

In the first year of operation, the agency collected alarge volume of data, including that on dangerouswaste. Accordingly, a database on dangerous waste andsecondary raw materials has been set up. Over theyears, collaboration with the agency deteriorated, andat the moment there is no relevant database for any typeof waste. This is partly due to insufficient practical reg-ulations on recycling and the absence of appropriateby-laws that should be derived from the WasteManagement Law.

The courts, with which the inspection collaborates,are the weakest link in the chain because they havebecome notorious for issuing mild sanctions and beingineffective. The inspectors have the authority to filecharges for business violations, petty offences or, insome instances, criminal acts. The needs concerning cooperation with other

institutes are as follows:

• better cooperation with the courts: and

• better cooperation with the future environmentalprotection agency.



Permitting System and the Inspectorate

The Environmental Protection Inspectorate in theMinistry of Health and Environmental Protection con-trols the environmental impact of polluters throughthree types of permits.

• Facility analysis (i.e. Environmental ImpactAssessments) for new and reconstruction facilities wasintroduced into Serbian legislation as a mandatoryrequirement in 1992 “(Regulations of the Analysis ofImpact of Facilities: Works on the Environment, OfficialGazette RS Vol. 61/1992).

This analysis is performed on two levels. A pre-liminary check is an integral part of city planningrequirements, whereas the detailed analysis is anintegral part of the design documentation requiredfor construction permits.

The republican inspectorate controls implemen-tation of environmental protection and conservationmeasures suggested by detailed analysis.

The republican inspectors frequently make deci-sions requiring investors to carry out impact assess-ments and obtain approvals. However, illegal build-ings are fairly common in Serbia. Investors tend tobreak the law because the process of obtaining all thenecessary permits and licenses is complicated andtime-consuming, and the sanctions for illegal build-ings are not strong enough to form a deterrence.

The system of approvals for impact assessmentsis one of the most potent weapons in the arsenal ofthe ministry and inspectorate.

• Major industrial plants with large amounts of dangerous chemicals are obliged to prepare a chem-ical-accident risk evaluation “(Regulation onMethodology for Evaluation of Risk of ChemicalAccidents and Environmental Pollution, Measures toPrevent Accidents and Provide Relief fromConsequences,” Official Gazette RS, Vol. 60/1994,63/94). A special board of experts reviews the riskevaluation and approves or rejects it. Because ofyears of inactivity, only a few risk evaluations havebeen verified so far.

• The Institute of Conservation of Nature issues a strict-ly limited number of permits for collection of or trad-ing in endangered flora and/or fauna.

These licenses are issued after public biddingto some enterprises and are valid only for certainareas, species, amounts collected and time periods.In the course of inspection examination, all amountshave to be accounted for by the license.Alternatively, the inspector files charges for pettyoffences and notifies the market inspectorate incharge of trade control.

The needs of the permitting process are as follows:

• The involvement of inspectorates in the permittingprocess should be improved, based on the new draftlaw. Permit applications that fail to gain an inspec-tor’s approval based on environmental protectionand conservation shall be rejected.

Compliance Control andCompliance Promotion of Inspection

Inspectors have little power to ensure compliancewith laws on environmental protection. Inspectorate’competence is restricted primarily by distribution ofcompetencies to several ministries, so that the bestavailable measures cannot be implemented in practice.

The most obvious example concerns protection ofwater from pollution: all the enforcement authority inthis area is left to the water-resource managementinspectorate. The same applies to the control of trade inprotected animal and herbal species where success ofconservation depends on the appropriate decisions bythe market inspectorate. The inspectors have greatestauthority in the field of air protection.

While overseeing implementation of measures to pro-tect the air from pollution, the environmental inspector isauthorised and obliged to determine whether:

• the air polluter has created conditions for keepingpollution under set limits;

• in instances when pollution limits have beenexceeded, that the polluter has undertaken measuresto reduce them;

• the polluter tracks emissions and keeps records ofthese measurements;

• the organisation that has identified the exceededemission values has notified the inspectorate andsubmitted a report;

• the municipality has provided for emission measure-ments in residential areas;

• municipalities have adopted plans to improve airquality, or in areas of particular risk, implementedrecovery programmes;

• competent municipal bodies have passed regulationsand undertaken measures to reduce emissions inplaces where recorded episodes of pollution mighthave poisoned people and animals; and

• municipalities, in their city planning documents,have defined special areas where air pollutionshould be limited, according to types and volumes.



The inspector is obliged to:

• prohibit operations of non-complying installationsuntil emissions have been reduced to acceptable lev-els; and

• order the execution of mandatory procedures withinset timeframes.

In ensuring compliance with natural resource con-servation measures, an environmental inspector isauthorised and expected to ensure that:

• conservation of animals and plants and protectednatural resources is conducted under the conditionsand in the manner prescribed by law;

• temporary bans are enforced on certain activities,pending decisions on the protection of natural monuments;

• protected natural resources have been properlylabelled;

• registration of protected natural resources is doneaccording to law, and registration data is entered intorecords;

• conservation and promotion programmes havebeen passed and carried out, and annual plans areimplemented;

• operating plans for national parks are approved;

• in activities related to protected natural resources orconservation areas, conditions, approvals, permitsand licenses are obtained, and the holders of suchpermits comply with prescribed conditions; and

• protected flora and fauna exports or shipments areproperly licensed, and that registrations of suchlicenses are kept.

Inspectors are obliged to:

• forbid illegal activities;

• order the carrying out of prescribed duties withindefined time limits;

• seize temporarily protected natural resources that aresupposed to be off limits; and

• seize objects or tools employed in the illegal use ofnatural resources.

In monitoring the implementation of measures toreduce noise pollution, environmental inspectors areauthorised and obliged to establish whether:

• the noise exceeds the level permitted or is beingmade in a manner outside prescribed levels of useand maintenance;

• noise sources that are installed in buildings, plants orequipment for economic activities and are a unit of

their own have, in addition to required documents,written instructions for protection from noise;

• sources are used and maintained in a manner thatensures noise is below prescribed limits; and

• municipalities have established quiet residential andleisure zones and made sure noise measurements areperformed regularly.

The inspectors are obliged to:

• ban the sale of noisemakers until identified defectshave been corrected; and

• order the carrying out of certain obligations withincertain time limits.

In monitoring hazardous-material protection mea-sures — except in the production or sale of explosivesubstances, inflammable liquids and gases — environ-mental inspectors are authorised and obliged to deter-mine whether:

• hazardous waste is disposed of in a prescribed manner;

• records are kept on the types and amounts of haz-ardous materials used in manufacturing, transport,sale and storage and other records are kept concern-ing their proper disposal;

• enterprises have set up protection measures againstwaste and dangerous materials as stipulated underthe law;

• in cases when an enterprise has had an accidentinvolving hazardous materials, or plans to undertakean activity that may result in an accident, the enter-prise has informed the public on the possible conse-quences of these activities and measures undertakento prevent accidents, and to address the conse-quences should an accident occur.

The inspector is obliged to:

• order identified irregularities to be corrected within adefined time limit;

• prohibit enterprises — or other legal entities — frommanufacturing, selling or disposing of dangerousmaterials if they discover that these activities willresult in severe irregularities in the implementationof safety measures.

• In monitoring the implementation of provisions inthe Waste Management Law, republican environ-mental inspectors are authorised to:

• inspect facilities, buildings and rooms in which wasteis collected and recycled;

• monitor compliance with prescribed conditions forclassification, packaging and storage of secondaryraw materials;



• ensure compliance with conditions for recycling andstorage of waste and secondary raw materials;

• ensure waste incineration; and

• ensure that records are kept on the required data.

Inspectors are authorised and obliged to:

• order implementation of temporary measures to pre-vent environmental pollution risk;

• inform the competent bodies and institutions onrecorded irregularities in the treatment of danger-ous materials;

• order measurements if doubt exists as to whether thelimits have been exceeded;

• undertake other measures and actions as specified inspecial by-laws.

The environmental inspectors are in charge of moni-toring the implementation of the Law on National Parks.These inspectors are authorised and obliged to:

• get direct insight and collect necessary data andreports on compliance with provisions of the law,other legislation and by-laws;

• order that identified irregularities and shortfalls becorrected within certain time limits;

• forbid activities that are contrary to the law and otherregulations; and

• order the carrying out of obligations that have notbeen fulfilled by set deadlines.

When an environmental protection inspector con-cludes that the failure to comply with another inspec-torate’s order endangers the conservation or develop-ment of national parks, he is obliged to immediatelynotify the proper inspecting authority.

It would seem that the listed duties and obligations,as well as the authority of inspectors, enable fairly wideopportunities for implementation of the existing legisla-tion. In practice, numerous by-laws are needed to spec-ify in greater detail certain areas; by-laws called for inmany existing laws have never been passed. Therefore,in light of the fact that failure to execute a decision hasnot been adequately sanctioned by any existing legisla-tion concerning environmental protection, there is anineffective system in practice that is unable to deal ade-quately with even emergency situations. The needs of the compliance checking and pro-

motion are as follows:

• environmental protection inspectors must have totalcompetence in the fields of protection of air, soil,water and natural resources.

Enforcement Procedures The Republican Environmental Protection

Inspectorate controls implementation of legalregulations in the field of environmental protection.The inspection is executed pursuant to the Law onGeneral Administrative Procedures (Official GazetteFRY, Vol. 33/1997). Inspection monitoring may beinitiated in several manners as follows:

• regular planned supervision;

• supervision upon complaint;

• supervision upon accident; and

• supervision during construction of facilities and out-set of activities.

During inspections, the inspector takes notes foragency records. If he/she recognises some irregulari-ties, the inspector issues a decision ordering that theproblem be rectified within a specified term. If theinspector determines that the environment is in signif-icant danger, and that the law stipulates judicial liabil-ity for that hazard, he/she is obliged to raise chargeswith the competent court. There are three types ofcharges that can be raised (the first two are most common in practice):

• charges for business offence;

• a request to start proceedings for minor offences; and

• criminal charges.

Court proceedings usually take a long time, andsometimes are not even properly pursued before theyactually fall under the statute of limitations. Sanctionsfor perpetrators are so mild as to be irrelevant, whichallows perpetrators to break the law again and again.No feedback information from the court is provided.The inspector filing the charges usually does not knowwhether court proceedings have taken place at all, letalone the severity or type of sanctions pronounced.

These measures are possible only for the construc-tion of new facilities (since the environmental impactanalysis and obligation of the investor to implementprotection measures are harmonised). These are facili-ties built before 1992. However, the harshest polluterscannot be closed down because the EnvironmentalProtection Law (Article 111) stipulates that the ministryshall determine which installations must be rebuilt tocomply with the prescribed environmental protectionconditions, measures and terms, which has not beendone (10 years after the law was adopted).

According to the Environmental Protection Law(Article 87) any enterprise that may endanger the envi-ronment or human health is obliged to cover itself withan insurance agency against liability for damages relat-




ed to this activity. In practice, this insurance systemdoes not work.The needs in enforcement powers are as

follows:

• technical training in enforcement practices (twotraining sessions per year); and

• training in new laws.

Environmental Inspectorate Organisation, Human Resources, Training

The inspectorate is divided into six departments (theseventh department located in Pristina is out of com-mission due to notorious circumstances). The organisa-tional chart appears in Annex 2.

The inspectorate head is responsible directly to theDirectorate for Environmental Protection of Serbia.Each department has a department head who is respon-sible directly to the inspectorate head.

The inspectorate has a staff of 39 republican inspec-tors. Forty-five percent of republican environmentalinspectors have bachelor’s degrees in chemical engi-neering. They are followed by those with degrees inbiology and forestry (12.5 percent each) and physicalchemistry and chemistry (5 percent each). Degrees inlaw, agricultural engineering, environmental protectionengineering, fire-fighting engineering and metallurgyare held by 1 percent each.

All republican engineers have the same competencesand authority, i.e. they are not individually specialisedin any of the fields. In practice, as much as is feasible,biologists and forestry engineers should be in chargecharge of conservation of natural resources, while thetechnically trained inspectors should control industrialfacilities. Eventually, only about 25 inspectors controlall activities related to environmental pollution in thewhole industry of the Republic of Serbia, which illus-trates their inability to competently execute the entrusted tasks.

The inspectorate is poorly equipped. Vehicles, com-puters and cellular phones are desperately needed.

Until 2002, necessary refresher courses were rarelygiven. Training was reduced to meetings where yearafter year the inspectors discussed encountered theproblems they had without finding any solutions thatmight stimulate initiative for operational improvement.The first practical training that exposed the inspectors toforeign experiences (particularly in the field of manage-ment of dangerous waste) was held in Kragujevac inAugust 2001. The meeting was noteworthy in that mostof the inspectors expressed a wish for advanced train-ing in skills and knowledge. Presentations related to

practical recommendations for management of particu-lar problematic issues were most welcome. In autumn2001 a seminar for inspectors with biological andbiotechnological backgrounds was held in Carska Bara(in the vicinity of Zrenjanin), which is a protected nat-ural resource.

Obviously, the inspectors know only too well whichof the current legal regulations are applicable in prac-tice, and which are not. The critical need for emergencyamendments to the completely impractical legislation inthis field is also obvious.

Financial resources for the inspectorate operationsare limited. The districts tend not to provide even theminimum needs for normal activities of the dislocatedinspectors in the field (money for petrol and car main-tenance, office equipment). The Directorate forEnvironmental Protection of Serbia gives as much sup-port as possible with its modest resources, but this is farfrom sufficient.The most urgent needs are as follows:

• 10 vehicles (approximately EUR 70,000);

• 20 mobile phones (approximately EUR 2,500); and

• 14 personal computers with laser printers (approxi-mately EUR 18,000).

(The list of urgent needs is enclosed in Annex 3.)

Environmental ProtectionInspectorate in Practice

The Environmental Inspectorate consists “officially”of 39 inspectors (though 33 would be a more accuratenumber). In 2000 these inspectors conducted 4,560examinations, took 1,617 decisions and executedapproximately 70 percent of these decisions. They filed58 business-related offences in court, while filing in 46instances for minor offences.The needs for performance indicators are as

follows:

• regular training in law and site visits (two sessionsper year); and

• development of investigative skills in the form of reg-ular training.

Data Storage and Retrieval SystemsData on inspector examinations are saved in the

archive. Each case has its own number, and case evi-dence is electronic. There is no database of informationcollected during inspections.

E N V I R O N M E N TA L P R O F I L E : R E P U B L I C O F S E R B I A

An attempt to create a united information system forall of Serbia’s inspectorates failed. The Institute ofMihajlo Pupin developed software and planned to test itin one of the districts a few years ago.

The Database of Hazardous Chemicals in Serbia is inthe final phase. It is being developed by the Directoratefor Environmental Protection of Serbia.

Public access to environmental information is stipulat-ed in Article 109 of the Environmental Protection Law,which says that the public has access to data about thestate of the environment, and criminal charges will bebrought against anybody who conceals such information.

In most of the inspectorates, the number of comput-ers is inadequate.

There is an attempt to build a network of republicadministrations. The needs of data storage and retrieval are as

follows:

• PRTR- database software; and

• 14 personal computers with laser printers (approxi-mately EUR 18,000).

Monitoring and Sampling, Access toInformation

Monitoring of emissions into the air or water is stip-ulated by regulations. The Waterworks Inspection is themain authority for protection of water from pollution.

Two groups of regulations define legal limits for airpollution:

1. Regulations of cut-off limits, measurement methodsfor emissions, criteria for setting up measurementsites and data recording (Official Gazette RS, Vol.54/1992); and

2. Regulations of emission cut-off limits, mode andterms of measurement and evidence of data werepublished in 1997 (Official Gazette RS, Vol.30/1997).

Systematic measurements of emissions are madeover a wide network of sites financed by municipalitiesand the republic. The measurements carried out at sitesfunded by the republic are defined by a Decree of theGovernment of the Republic of Serbia.

The regulations on the cut-off limits for emissionsdefine the terms of measurements according to the typeand size of pollutant. Warranty measurements, individ-ual measurements, continuous measurements andannual control measurements are stipulated. The mea-surements are performed by authorised professionalorganisations and commissioned by the polluter.

Few polluters voluntarily comply with environmentalregulations. Instead, they do so only if forced by the

inspection. Normally, emissions are measured only at thebehest of an inspector. Major polluters who are obligedto install equipment for continuous measurements havenot done so, although the deadline was three years ago.

The problem with implementing regulations lies inthe fact that the former Ministry of EnvironmentalProtection has never identified (pursuant to Article 1 ofthe Environmental Protection Law) which facilities mustbe reconstructed or announced any deadlines for thisreconstruction. Facilities built before 1997 still producenoxious and dangerous matter exceeding cut-off limits.

Information on excessive air pollution is rarely pub-lished — not because it is confidential, but because it isscarce. Further complicating the issue is the fact that dis-closure systems have not been defined clearly enough.The public gets some of this information from the media,but usually only in cases of environmental accidents. Thepublic is fairly ignorant about “normal” pollution levels. The needs for monitoring and sampling are as

follows:

• training in sampling techniques and use of smallmonitoring equipment.

Compliance AssessmentThe republican environmental protection inspectors

issue decisions on compliance with the conditions for ini-tiating activities for minor facilities (for which the licenseis approved by the municipality) mainly in municipalitieswithout the local municipal (or town) inspectors.

Decisions on minimum technical requirements arenot sufficiently detailed because no set of regulationshas been passed to elaborate this area.

In practice, the facilities that receive licenses from therepublic are required to analyse the environmentalimpact of their facilities. The ministry in charge of envi-ronmental protection issues approvals or rejections ofthese analyses.

The inspectorate is only a control body whichchecks whether investors have complied with all pro-tection measures identified in impact analyses thathave been approved.

Because of shortcomings in this area, it is foreseenthat the new Law on the Environmental ProtectionSystem will provide for a better procedure for environ-mental licenses with substantially better control.

Enforcement Performance,Actions and Reporting Capabilities

The Republican Environmental ProtectionInspectorate has no legal authority to collect on-the-spot fines, except for minor offences related to pro-tected natural resources according to the Article 107




of the Environmental Protection Law. In practice,republican inspectors do not collect even these, sinceall protected natural resources (national parks) haveguards authorised to collect on-the-spot fines.

Reporting to the court is one of the most powerfulinstruments in the inspector’s arsenal, but they use thisreluctantly because collaboration with courts is poor.Inadequately low fines and slow court procedures arenot a sufficient deterrence to violators of the law.

The inspectors inform their superiors of their activi-ties in written reports and at meetings; in emergencies,such as chemical accidents, they may use the phone orfax. The reports are mandatory and required annually.Also, semi-annual, quarterly or sometimes even month-ly or weekly reports are occasionally prepared. Theinspectorate head submits the annual report of inspec-torate operations to the Director of Directorate forEnvironmental Protection of Serbia. This report is anintegral part of the report of the ministry in charge ofenvironmental protection.

In addition to the general reports, special reports arewritten upon the request of high officials to cover specialfields of monitoring, territory or individual enterprises.

There is no methodology set out in regulations forevaluation of inspectorate operations. It has becomecustomary to publish the exact data on the number ofexaminations, decisions and reports to the court. Therecords on the number of executed decisions are rela-tively poor and unreliable, but it can be roughly esti-mated at about 70 percent.




Annex 1: Organisational Chart of the Ministry of Health and Environmental Protection

Ministry for Health and Environmental Protection

Departmentof Env.Quality

Monitoring

Directorate of Environmental Protection

Departmentof System of

Env. Prot.Development

Departmentof NatureProtection

Group forGeneral

Questions

Inspecorate

Departmentin Belgrade

Departmentin Novi Sad

Departmentin Sabac

Department inPristina

(no longerfunctioning)

Departmentin Kragujevac

Departmentin Uzice

Departmentin Nis



Annex 2: Inspection Services of the Directorate for Environmental

Protection of Serbia

Department in Belgrade (6)

Inspecorate Head

Department in Novi Sad (5)

Department in Sabac (5)

Department in Kragujavac (9)

Department in Uzice (5)

Department in Nis (5)

Belgrade (5)

Pancevo (1)

Novi Sad (3)

Subotica (1)

Zrenjanin (1)

Jagodina (1)

Kragujavac (2)

Krusevac (2)

Pozarevac (2)

Uzice (3)

Kraljevo (2)

Nis (6)

Vranje (1)

Bor (2)

(Note: Figures in brackets illustrate the number of inspectors.Three remaining inspectors in Kosovo are not working at present.)



Needs Number Cost

1. Cars 10 DEM 140,000

2. Computers with printers 14 DEM 35,000

3. Cellular phones 20 DEM 5,000

4. Training - DEM 33,000

Total DEM 213,000

Each year, two practical training sessions of five days each for 40 inspectors shall be organised.

Urgent needs can be divided into four groups:

Annex 3: List of Urgent Needs


Country Profile: Republic of Montenegro 181

Background 181

Administration 181

Institutions Connected to Environmental Inspection 183

Permitting System and Connection to EnvironmentalInspection 183



Environmental Inspection Organisation, Human Resources, Management and Training 187


Data Storage and Retrieval System 188



Enforcement Performance, Actions and Reporting Capabilities 191

Statements and Evaluations of Experts 191

Annexes

Annex 1: Organisational Chart: Ministryof Environmental Protection and Physical Planning 195

Annex 2: Contact Information 196

C O U N T RY P R O F I L E : R E P U B L I C O F M O N T E N E G R O

Table of contents



BackgroundThe Republic of Montenegro is one of the two con-

stitutional members of the Federal Republic ofYugoslavia; the other is the Republic of Serbia. The pre-sent government of Montenegro has expressed itsintention to develop democracy, strengthen interna-tional relations and move towards a more market-ori-ented economy. Furthermore, Montenegro has declaredits objective to become an ecological state. In 1991, theParliament of the Republic of Montenegro adopted theDeclaration on the Ecological State of Montenegro, acommitment that is repeated in Article 1 of theConstitution of 1992: “Montenegro is a democratic,social and ecological state.” The declaration was fol-lowed by the long-term, sustainable-development doc-ument, “Directions of Development of the MontenegroEcological State,” adopted by the government ofMontenegro in 2001.

Environmental protection is advocated elsewhere inthe Montenegrin Constitution. In addition to Article 1,Article 19 states: “Everyone shall have the right to ahealthy environment and shall be entitled to timely andcomplete information on its state. Everyone has theduty to preserve and promote the environment.” Later,Article 65 states: “The State shall protect the environ-ment. Freedom of earning and free entrepreneurshipshall be restricted by environmental protection.”

AdministrationMinistry of Environment and Physical Planning

The major institution overseeing environmental poli-cy in the Republic of Montenegro is the Ministry ofEnvironment (Annex 1), which was founded in 1991.Following governmental reorganisation in July 2001,environmental responsibilities are vested in the Ministryof Environment and Physical Planning (MoEPP).

The Ministry is entrusted with the administrativeoperations related to the following:

• the environmental protection system;

• environmental policy,

• strategy;

• standards;

• guidelines;

• granting permits for all industries and non-industries;

• compliance checking;

• enforcement of laws pertaining to and protection ofnature and natural resources;

• national parks;

• establishing and implementing protection measuresfor protected natural resources and natural objects;

• setting environmental conditions for public worksprojects;

• protection of air;

• protection from ionising and non-ionising radiation;

• protection from hazardous and radioactive sub-stances while they are being produced;

• trade- and waste disposal; and

• international environmental cooperation and supervision.

The Ministry also regulates public utilities, includingsolid waste management and protection of space.

The Ministry has two departments: the Departmentfor Environmental Quality, which includes an environ-mental inspection unit, and the Department for GeneralEnvironmental Policy. In addition, the Ministry overseesthe Institute for Nature Protection, the Hydro-Meteorological Institute, the public enterprise for themanagement of national parks in Montenegro and theCentre for Eco-Toxicological Research.

Montenegro has no independent environmental pro-tection agency, either as a part of the MoEPP or as a sep-arate government organisation.

Overseeing implementation of the Environment Law(Official Gazette of the Republic of Montenegro, No.12/1996) and regulations is entrusted to the Ministry ofEnvironment and Physical Planning through its ecolog-ical inspection unit. The enforcement of Montenegrinenvironmental requirements is centralised. Only gov-ernment inspectors, who number four, conduct inspec-

Country Profile: Republic of Montenegro


tions. Their main responsibilities are to check compli-ance with environmental regulations and to implementenvironmental policy and detect violations. Contactinformation at the Ministry of Environment and PhysicalPlanning appears in Annex 2.

The environmental inspectors are entrusted toenforce environmental regulations are defined byArticles 43–45 of the Environment Law::

Article 43Supervision as to the enforcement of this law and of

the regulations enacted based on it shall be entrusted tothe ministry.

The activities of the inspectors/supervision shall beperformed by the environmental inspection in compli-ance with the law.

Article 44Each environmental inspector is entitled, within his

or her authority, to supervise the following:

• implementation of protection measures as prescribedby the regulation on granting/issuance of environ-mental permits on the basis of EIA statement;

• observance of standards and norms stipulated byregulations enacted on the basis of this law;

• whether the quality of the environment is monitoredin compliance with this law and other regulationsenacted on the basis of provisions stipulated herein;

• implementation of prescribed measures for environ-mental protection;

• the operating pattern, work conditions and technicalequipment of firms and other legal entities in termsof measures for environmental protection;

• keeping the registry and records on data pertinent toenvironmental protection;

• distribution of funds appropriated for implementa-tion of measures for environmental protection;

• the use of the ecological logo in compliance withprovisions set out herein and the regulations enactedon the basis of this law; and

• other activities and equipment that affect the qualityof the environment.

Article 45If an inspector, in the course of performing an

inspection, finds that, in addition to an infringement ofthis law, some other law or regulation is violated relat-ed to environmental protection or some segment of theenvironment, he or she is obliged to report the infringe-ment to another competent inspection authority, inaddition to measures he undertakes under his or herown authority.

The other competent inspection authority is obligedto inform an environmental inspector of any measureshe undertaken.

In cases when an environmental inspector establish-es an irregularity or illegality for which another inspec-torate has authority, he or she is obliged to inform theEnvironmental Minister in order to initiate a procedurefor joint inspection control.

As Montenegro has no environmental protectionagency, the environmental inspectorate carries out someduties that would belong to that agency. The environ-mental inspectorate is involved in developing standardsand guidelines, and in enforcement. The environmentalinspectorate implements environmental standards andmeasures, and oversees the manner and work condi-tions of entities in charge of environmental protection.

Environmental legislationThe Environment Law of Montenegro is a general

law that prescribes only basic legislative measures andleaves space for regulations of specific issues.Deadlines ranging from three months to two years areset for adoption of these regulations. All regulationswere supposed to have been adopted by April 1998, butspecific regulations are not yet complete. Montenegroalready has mechanisms to create a better enforcementsystem. The development of such a system mainly relieson Parliament and the government to incorporate envi-ronmental requirements and strictly enforce them.

The administration last reviewed these elements of anenvironmental legal framework in the years indicated:

• Ministry of Environment, 2001;

• authority of inspectors,1996;

• specific air pollution regulations (emissions), 2001;

• water pollution laws, 1997;

• waste regulation, 2000;

• noise and vibrations, 1995 (2000);

• urban planning law, 2000; and

• soil pollution, 1997.

The time needed to change or develop environmen-tal legislation depends on whether it is a law, decree orregulation. The laws are adopted by Parliament,decrees by the government and regulations by min-istries. On average it takes 12 to 24 months to create orchange a law, six to 12 months for decrees, and three tosix months for regulations.

In addition, it is necessary to reorganise institutes,with the first priority being to establish and define anenvironmental protection agency in Montenegro. Agood basis already exists: the Centre for Eco-Toxicological Research carries out most environmental


monitoring programmes in Montenegro and is the best-equipped environmental body in the country, and thuscould be easily converted into an environmental pro-tection agency.The basic needs in administrative requirements

for the inspectorate are as follows:

• development of specific sectoral laws;

• development of standards prescribed by the law; and

• reorganisation of institutes.

Institutions Connected toEnvironmental Inspection

The parties involved in environmental protection inMontenegro can be divided into the following categories:ministries, public research institutes, universities andhigher educational institutions, public enterprises/serviceinstitutions, business and industry, and NGOs.

The Ministry of Agriculture, Forestry and WaterManagement administers laws and regulations on thequality of soil and farm land, water resources and waste-water. It carries out its work partly in cooperation with theMoEPP and the Ministry of Health, and is also in charge offorest management, hunting, and fishery resources. Theministry oversees inspectorates for water management,forestry, hunting, fishery and agricultural land.

The Ministry of Health looks after drinking water andmakes sure it is not polluted with chemicals, biologicalcontaminants or radiation. It monitors effects of envi-ronmental pollution on the health of the population,and effects of noise, vibration and ionising radiation (inmedicine). As a public health authority, it acts as theState Sanitary Inspectorate.

The Ministry of Economic Affairs looks after mineralresources, the power supply, geological research andmining. It oversees inspectorates for energy, geologicalresearch and mining.

The Ministry of Tourism is entrusted with theNational Park and its environmental treasures. Aninspectorate for tourism, founded in November 2001,acts as a public tourism authority.

The Ministry of Internal Affairs includes a departmentfor fire and explosion protection and is in charge of fire-fighting and the monitoring and transportation of haz-ardous material and waste. The ministry’s inspectorscooperate with the police in all aspects of their workwhenever and wherever it is necessary.

The Montenegrin Academy of Sciences and Art con-tributes with scientific research projects.

Port authorities are responsible for the transportationof goods through ports and are obliged to cooperate inmonitoring imported goods.

NGOs, of which there are many in Montenegro, rep-

resent public participation in environmental decision-making and are a strong force in the fight for a healthyenvironment.

Institutes (including the Centre for Eco-ToxicologicalResearch, Hydro-Meteorological Institute, Institute forNature Protection, Institute for Health Protection, and theInstitute for Marine Biology) monitor environmental,hydrological and meteorological phenomena and serveas environmental research bodies.

On the local level, responsibilities in environmentalpolicy are vested with the regional offices of the min-istries. Local governments (municipalities) have muchless power, although they can assume a greater sphereof responsibility. Their work, however, is limited bytheir modest budgets and technical capabilities (exceptin Podgorica).

The conclusions derived from the above overview:Montenegro has no streamlined environmental adminis-tration, and in many cases, the user of the naturalresource and the authority responsible for its protectionis the same authority. In addition, although the govern-ment is responsible for ensuring that environmentalinterests are defended along with commercial ones, thishas not been achieved because of economic develop-ment pressures. In addition, environmental policyenforcement suffers due to the division of competenciesamong several bodies and inadequate coordination.The need for cooperation among institutes in

environmental inspection can be defined as:

• establishing integrated inspections that would coverall aspects of environmental and health issues (thiscould be done by an independent body that wouldcarry out all inspections, or a body that co-ordinatesthe work of different inspectorates);

• creating coordinating bodies for enforcement on thenational and regional levels;

• creating coordination bodies on the national andregional levels to investigate environmental crimes; and

• creating an environmental protection agency as anational institute for environmental research thatestablishes close cooperation between inspectorates.

Permitting System and Connectionto Environmental Inspection

The most powerful tool in environment protection isthe environmental permit, issued in accordance with theEnvironment Impact Assessment Act (EIA) (“OfficialGazette of the Republic of Montenegro, No. 14/1997”).The purpose of the EIA is to ensure that developmentplans are environmentally sound and sustainable, andthat any environmental consequences are recognised



early in the project stage and taken into account in pro-ject design. Based on the EIA study, the potentialimpacts (beneficial or adverse) of development projectson the environment can be identified and evaluated. EIAstudies are required for any project that may cause pol-lution to the environment and the costs for the study areborne by the developer. The regulation also prescribesthe categories of projects for which the EIA is obligatory(79 categories), the contents of EIA studies, licensing cri-teria that must be set out by the expert institutions whichdraw up the studies, public participation requirementsand methods of assessment, and ways to verify studies.

The environmental inspectors are not involved inissuing permits. Their responsibility comes after thepermit is issued. They ensure that restrictions andrequirements prescribed in the permits, based on theEIAs, are adhered to.

The Ministry issues approximately 190 permits peryear, based on EIA studies.The needs of environmental inspection in the

permitting process are as follows:

• to be involved in the whole permitting process,including the rejection or accepance of permit applications;

• to improve advising capacity and capability:

• to increase compulsory inspectorate consultations; and

• to increase manpower for permit checking.


There are five forms of compliance monitoring inMontenegro:

• inspections,

• self-monitoring, self-record keeping and self-reporting,

• environmental auditing,

• citizen complaints, and

• ambient monitoring.

InspectionsDue to the complex division of responsibilities relat-

ed to environmental policy, the work of the environ-mental inspectorate in compliance assurance is ratherlimited. In accordance with provisions of the law, theenvironmental inspectors oversee:

• the inspection of protection measures against airpollution;

• protection of natural resources and biodiversity;

• protection from ionising and non-ionising radiation;and

• protection from hazardous materials and waste.

Compliance checking includes:

• annual compulsory checks;

• ad hoc checks;

• complaint-driven checks;

• compulsory follow-up actions;

• reporting obligations; and

• non-compliance responses.

Unfortunately, compliance checking does not coverall environmental fields.

In carrying out these duties, cooperation of the inspec-tors with other competent ministries, i.e. inspectorates, isindispensable and suggested by the Environment Law(Article 45). Furthermore, inspectors must cooperate withauthorised expert institutions (laboratories) that can pro-vide them with all necessary and relevant data for makingenvironmental decisions and undertaking activities withenvironmental protection organisations. Inspectors mustwork with judiciary bodies concerning criminal reports orwith private parties who demand that steps be takenagainst polluters.

Self-monitoring, self-record keeping and self-reporting

Self-monitoring, record-keeping and reporting arerequired under the regulation on water pollution, airpollution and storage of waste. With regard to self-mon-itoring and self-record keeping, general regulatoryrequirements are usually translated into installation-specific requirements contained in permits. Only airpollution provisions in the Environment Law outlineparticular requirements in specific cases (for example,polluters who continuously release emissions that arelikely to significantly affect environmental quality mustestablish a system for automatic monitoring and pro-cessing of emissions data).

With regard to reporting, detailed requirements are pro-vided by the regulations themselves. Reporting is relatedto a scheme providing special fees for the use of naturalresources (for use of water, for discharge of wastewater,for air emissions and for storage of waste). The regulationsprovide detailed requirements on reporting and set dead-lines for the completion of an annual report.

Environmental auditingFor new facilities, the 1997 regulation on the EIA pro-

vides detailed requirements on the content of EIAs,types of projects that must prepare EIA statements, andthe substance of the monitoring programme. EIA state-ments are required for an environmental permit.

According to Article 14 of the Environment Law,



existing facilities are obliged to devise environmentalprotection programmes that include:

• a list of regulations that rule their environmental pro-tection activities;

• a list of impacts on the environment that are causedby the installation’s activities and use of hazardoussubstances;

• an environmental impact assessment of possibleresults of accidents or incidents;

• measures for prevention, limitation and monitoringof environmental pollution;

• a list of detrimental and hazardous substances usedin the plant’s production, and how much of eachtype is used;

• a registry of detrimental or hazardous substancesreleased into water, soil or air that enumerates sub-stance type, quantity and disposal method;

• deadlines for the implementation of measures; and

• organisations in charge of carrying out the measuresand their respective powers.

Annual reports on the effectiveness of the environ-mental protection programmes are to be submitted tothe local authority where the facilities are located.

Citizen complaintsThere are no special programmes that encourage cit-

izen involvement in monitoring compliance.Nevertheless, citizen complaints are estimated to be asignificant source of detecting violations (inspectionsresulting from citizen complaints are estimated to beabout 20 per year). In addition the members of numer-ous NGOs and newly founded groups of “eco-rangers”play an important role in reporting non-compliancewith pollution standards.

Ambient monitoringA well-established monitoring system covers pollution

(from stationary and mobile sources), surface- and under-ground water, radioactivity, bio-diversity and soil pollution.The Centre for Eco-Toxicological Research, the RepublicHydro-Meteorological Institute and the Institute for NatureProtection maintain networks of such monitoring stations.

Compliance promotionConsidering the cultural resistance to enforcement in

South European countries, compliance promotion is animportant element of enforcement programmesbecause it encourages voluntary compliance with envi-ronmental requirements. Both planned and ad hoc

compliance promotion activities are available.Experience in other countries has shown that enforce-ment alone is not as effective enforcement combinedwith promotion. One barrier to compliance inMontenegro is the cost. Installation managers may wantto comply with the environmental requirements, butmight not be able to afford it. Therefore, enforcement isimportant to create a climate in which members of theregulated community have clear incentives to make useof opportunities and resources provided by promotion.Article 24 of the Environment Law created financingarrangements that can help solve this problem.

Separate regulations shall stipulate the terms for:

• deductions and exemptions from taxes and othercharges that reward the use of clean technology, or pro-duction and trade of goods that are more beneficial tothe environment than the alternatives. This includes theuse of renewable sources of energy (sun, wind, wavepower, bio-gas etc.) and equipment and machines usedfor environmental protection and monitoring;

• deductions and reduction of taxes and other publiccharges for producers who ensure the recycling ofmaterials, the use of used rather than new machinesor their parts, the reuse of products or their packag-ing materials, the institution of cash deposits for bot-tles or other schemes to reduce negative effects onthe environment; and

• deductions or stimulating measures for all legal enti-ties that collect secondary materials, or whose pro-duction is based on secondary materials (recycling)as well as for all those who, in some other way,remove secondary materials or waste from the envi-ronment and contribute to its improvement.

These separate regulations are not yet completed.The Strategy of Implementation of Quality System in

Montenegro, adopted by the government in 1994(revised in July 1999) reserves an important role for vol-untary compliance. The strategy includes implementations of international standards ISO 9000and ISO 14000 within enterprises. The Government ofMontenegro has allocated financial support for enter-prises that implement these standards. As a result, 30enterprises have ISO 9001-4 certificates, and three are inthe phase of preparation for ISO 14001 certificates.

Other compliance promotion approaches, such asproviding education and technical assistance, buildingpublic support and publicising success stories, are stilldeveloping. The needs in the field of compliance checking

and compliance promotion are as follows:

• compliance-checking planning procedures,

• communication skills for cooperation with otherauthorities,



• compliance promotion strategies,

• codes of conduct for compliance checking and com-pliance promotion, and

• non-compliance response strategy.

Enforcement ProceduresAssuring implementation of regulatory requirements

and prevention of uncontrolled environmental pollution ispossible only through an efficient inspection programme.

Inspections for environmental protection are initiat-ed as follows:

• regular planned inspections;

• those ordered by the deputy minister or minister;

• those in response to complaints;

• follow-ups on accidents; and

• checks during construction of facilities requiring EIAs.

The inspectors plan inspections on a monthly basis.Inspectors may notify the installation prior to inspec-

tion or visit unannounced, gather data in and around aparticular installation, record and report on their obser-vations. If there is a direct danger to human health orthe environment, they have the right to issue orders thatmust be obeyed immediately to prevent risk.

Inspections may be routine or ad hoc “for cause”(planned on a monthly basis or made in response to acitizen’s complaint, police report or accident).Inspections may also be either complex or focused on asingle aspect of the environment. In the former case,three to four inspectors (environmental, sanitary, watermanagement, etc) are involved, and their task is toexamine the entire environmental performance of aplant. In the latter case, one or two inspectors areinvolved and they focus on a single issue, such as airpollution management within a plant.

The inspector has the right to: enter facilities (withexperts or whomever else he needs); interview theinstallation’s personnel; gain access to all files, docu-ments and records; observe operations; and take sam-ples for analysis. The inspector must provide the man-ager of the installation with his report. The manager hasthe right to include comments or reservations in thereport. The inspectorate is entitled to recover the cost ofthe inspection if it results in findings of non-compli-ance. The report is a basis either for ordering steps formitigation or penalties (non-compliance fines or thehalting of harmful activity).

Inspectors have the power to impose non-compli-ance fines; halt activity endangering the environment;and ban the sale and import of raw materials, fuels,machinery or other equipment or goods that fail to meet

environmental requirements. No new installation oractivity that could harm the environment may com-mence until the inspectorate is notified and satisfiedwith the application of mitigating measures defined inthe environmental permit.

In the event of obstruction, inspectors may call forthe police, who are obligated to help inspectors take allthe steps they consider necessary.

According to the Environment Law the liability forenvironmental pollution is implemented through thefollowing three principles:

• Prevention principle: the obligation of natural andlegal persons polluting the environment to under-take at once necessary measures to eliminate dangerand further damages (Article 29);

• Restitution and compensation principle: theobligation imposed on natural and legal personscausing environmental pollution to clean up envi-ronmental damage at their own expense (Article 31).In the event of pollution caused by more than onesubstance or when the polluters’ individual contribu-tions to pollution is difficult to establish, the cost ofreclamation and prevention shall be jointly borne byall polluters (Article 34); and

• Regulatory principle: natural and legal personswhose activities threaten the environment with haz-ardous substances and dangerous activities are oblig-ed to take out insurance against possible damages tothird persons (Article 30).

Criminal acts committed by natural persons, or thoseappointed to act on behalf of legal entities that involveacts against human health and environment, are regulat-ed by the Montenegrin Criminal Act (Official Gazette ofRM, Nos. 42/1993, 14/1994, 27/1994). The law sanctionscertain activities that cause air, water or soil pollution.

Requirements for environmental protection havebeen enacted on numerous levels. Apart from criminalsanctions intended to protect the air, water and soil,there are those intended to ensure:

• a healthy environment — i.e. forests, flora and fauna;

• public security for people and property against activ-ities causing danger, destruction or damage to publicinfrastructure (such as damage to dams, etc.) and

• human health; and the environment (pollution ofdrinking water).

Criminal acts are defined as pollution of air, water ofthe soil to a major degree over an extensive area.Whether or not the act is deemed criminal depends onthe pollutant involved. It rises to the category of a crim-inal level when the pollution considerably exceeds per-missible limits or spreads over an area wide enough tocome under a provision of the Criminal Act. The




essence of this instrument is to make a distinctionbetween criminal acts and related economic crimesregarding environmental pollution.

The Criminal Act prescribes types of penalties and min-imum and maximum penalties for criminal acts. The min-imum penalties for criminal acts of this kind are fines, andthe maximum penalty is a 10-year prison sentence.

An inspector may issue mandatory sentences withinthe framework defined by his or her authority. Wheninspectors deem that the breach of regulations consti-tutes a criminal act or an infringement of the regulationsthey are enforcing, inspectors are duty-bound to imme-diately file a report concerning the act, i.e. to file ademand for prosecution of the violation.

Inspectors have no executive power to checkaccounts or bookkeeping, but if they suspect book-keeping irregularities, they may request assistance froma financial inspector to conduct an audit.

The ecological inspectorate cooperates with otherinspectorates in other government ministries and agen-cies involved in monitoring compliance, police, cus-toms officers and border officers.The needs in executive powers of the

Environmental Inspectorate in enforcement areas follows:

• training in how to prepare an effective enforcementprogramme;

• technicaltraining in enforcement practice;

• training in law;

• training in human-resource management; and

• training in planning.

Environmental InspectionOrganisation, Human Resources,Management and TrainingOrganisation and human resources

The inspectorate for environmental protection beganits operations in the middle of 1991. At that time theMinistry employed 11 people, including one main stateinspector. At present there are 20 employees, includingfour inspectors (including the main inspector). All arelocated in the Ministry in Podgorica. Anyone working atthe MoEPP must have a university education in a certaindiscipline. For inspection tasks, the ministry requires acollege degree in technology, natural sciences, metal-lurgy and/or law. Furthermore, all employees must passthe exam for state administration officials. No other spe-cial training is envisaged.

There are also environmental officials in some localmunicipalities, but they have no real legal authority toperform any kind of activity independently. Their realduties are to help their federal counterparts with envi-

ronmental inspections.Since the inspectorate is a very important segment of

the MoEPP, it is imperative to ensure adequate condi-tions for a regular and continuous inspection programmeover the entire country, implying a necessary number ofinspectors with adequate qualifications and equipment.

Financial and material resourcesThe material resources for the environmental inspec-

torates are the same as in all other inspectorates inMontenegro. Only the basic needs of inspectors arecovered, such as salaries, travelling expenses and a por-tion of mobile phone expenses. All revenues gained asa result of sanctions against polluters go directly into therepublic’s budget. This is the direct result of the badeconomic situation and the long period of sanctionsduring the past 10 years.

The environmental inspectors are not equipped withany kind of sampling or equipment to analyse environ-mental samples taken at facilities. Neither do they havesafety equipment to protect themselves from hazardsthat may be encountered during inspections.

Training programmesThere are no regular training programmes for inspec-

tions and inspectors, mainly due to the lack of funds andalso due to the fact that environmental inspectors are sup-posed to be highly experienced prior to being hired.

The most important cooperative activities betweenother institutions and the environmental inspectorate arein the fields of analyses of polluting facilities, environmen-tal analyses, and environmental accidents. The institutionsprovide analytical and expert services to environmentalinspectors in accordance with needs and requests.

Problem identificationThe essential problems related to inspectorate activi-

ty include the following:

• unsynchronised actions of inspection services of dif-ferent ministries (for health, waters, environmentalprotection and physical planning);

• insufficient number of environmental inspectors;

• lack of environmental inspection at the municipal level;

• lack of inspectors specialised in protection of indi-vidual elements of the environment (air, water, soil,nature conservation, etc);

• lack of modern quick-reaction technology and infor-mation technology;

• contradictory regulations underlying the activities ofall bodies of the ministry and other inspectorates;and


• lack of organised continuing education in the field ofenvironmental protection.

Objectives and measuresTo improve environmental inspections, the follow-

ing measures are proposed:

• provide the conditions for capacity building andtechnology acquisition of the inspectorate and per-manent continuous education of inspectors;

• provide conditions for better information flow by set-ting up of an environmental information system;

• more systematic follow up of obligations stipulatedunder the EIA;

• intensify awareness and promotion of inspectorateactivities;

• improve cooperation with other inspectoratesregarding the protection of maritime resources,waters and water resources, exploitation of mineralresources, building and chemical products; and

• pay special attention to the standardisation of workand actions of the inspectorates and individualinspectors.

Resources available in environmentalinspectorate concerning personnel,training and management

• Number of inspectors: 4

• Number of inspection visits per year: 231

• Percentage of personnel with education in biology: 0

• Percentage of personnel with technical training: 75%

• Percentage of personnel with education in chem-istry: 0

• Percentage of personnel with education in law: 0

• Percentage of personnel education in economics: 0

• Percentage of personnel with education in forestry:25%

• Average years of experience: 20

• Average number of weeks per year offered in man-agement training: 0

• Number with special management training in envi-ronmental inspection: 0


An official annual report prepared by the Republic ofMontenegro’s chief ecological inspector in 2000 is usedin the chapter: The breakdown of major activities forenvironmental inspectors is as follows:

• Percentage of court cases per visit: 0.87%

• Percentage of reports per visit: 100%

• Percentage of visits that are complaint-driven:16.45%

• Percentage of court cases won: NA

• Average number of days worked on inspections peryear: 250

The social policy in Montenegro, combined with aweak and an unstable economy, creates problems in theimplementation of adopted regulations; particularly thosereferring to inspections. The insufficient financial poten-tial of the private sector means some penal measures can-not be imposed according to existing legislation.

To verify and evaluate the work of environmentalinspectors, indicators must be developed and organisedtraining programmes must be introduced. Needs include the following:

• performance indicators;

• a course in report writing;

• training in laws;

• training in site visits; and

• development of investigative skills.

Data Storage and Retrieval SystemInformation storage system

All documentation is kept in paper archives. Thearchives and documentation are well-organised, withseparate sections for waste, chemicals, industries andpermits. But the environmental inspection unit lacks acomputer system that will allow rapid and sophisticatedinformation storage, retrieval and analysis. The unit hasno personal computers for its needs.

The MoEPP and Secretariat for Development are cur-rently in the first phase of implementing an environ-mental information system. The Government ofMontenegro finances this project. The information sys-tem is set up to generate sector-specific reports on com-pliance behaviour, permit quality and environmentalimpacts. The inspectors will receive intensive training,supported by written materials, about how to obtain,record and transmit data.



Public accessibilityDue to the lack of a computer system, information is

distributed to the public through media announcements(newspapers, television and radio). This can includeinformation about requirements, ways to meet themand enforcement activities. There is also a designatedtelephone number where citizens can pose questions,receive information and report pollution cases.

Due to the lack of equipment for a sophisticated datastorage and retrieval system, it is necessary to procure the following:

• computer hardware;


• training in the use of computer;

• training in the use of databases;

• industrial inventory activities; and

• English-language courses.


Due to annual environmental monitoring conductedby various institutions in cooperation with the MoEPP,all aspects of environmental protection and pollutionprevention are steadily improving. Environmental mon-itoring programmes have advanced substantially overthe past few years. Now programmes exist that addressthe real environmental needs of Montenegro. Theseprogrammes are modern and bear a strong semblanceto those of European countries.

Air pollutionIn addition to the Environment Law as the general

legal framework, Montenegro has a specific law againstair pollution: the Air Protection Law of 1980. The lawdefines the concept and the fundamental principles ofaction, and also designates the areas in which moredetailed regulations should be adopted.

According to Article 8 of the law, the town and coun-try planning system is the principal system of air pollu-tion prevention. It involves the preparation of plans bylocal authorities, which then guides future activities. Inorder to protect human settlements from activities caus-ing air pollution, local authorities are obliged to estab-lish zones where such activities are limited or can onlybe done if special measures are also taken.

The law prescribes a system of prior authorisation bya national authority for any activities that are likely topollute the atmosphere above permissible limits.Permits must not be issued unless applicants take the

necessary steps to prevent air pollution and observe thelegal parameters for emissions and air quality. For suchactivities the law requires obligatory self-monitoring ofemissions, record keeping and the delivery of reports tothe prescribed authorities.

Article 19 of the law requires continual air pollutionmonitoring throughout the country by means of sam-pling air at fixed measuring stations located in andaround urban settlements. In addition, it appoints insti-tutions to carry out this task, namely the Centre for Eco-Toxicological Research and the Hydro-MeteorologicalInstitute of Montenegro.

The maximum permissible concentrations of speci-fied substances in the air are regulated by the AirQuality Standards Regulation, which came into force onFebruary 22, 1982. It sets limits for ambient concentra-tions of sulphur dioxide, nitrogen dioxide, nitrogenmonoxide, fluoride, hydrogen sulphide (H2S), chlorine(Cl), oxidants and hydrocarbons auch as methane andsmoke. Limits are set on suspended particulate matter(SPM), including lead (Pb) and cadmium (Cd). The lawalso limits deposited particulate matter (DPM), includ-ing lead and cadmium. Limits on some 100 inorganicand organic substances are applied to industrial activi-ties. A distinction is drawn between short-term limit val-ues (daily, hourly) intended to prevent high concentra-tions of short duration, and long-term limit values(annually) aimed at reducing chronic exposure.

The subsequent regulation, adopted on February 22,1982, relates to limiting emissions into the air of certainpollutants originating from factories. The regulationapplies to plants that produce or build with metal,chemical industries, power generators, vehicle manu-facturers and waste treatment plants. The MoEPP isworking on revising this regulation.

Continuous monitoring of air quality at fixed measur-ing stations began in 1982. In that year the Governmentof Montenegro adopted the Air Pollution MonitoringProgramme and financed its operations for the first time.The programme set up a network of 19 measuring sta-tions located in 17 cities. Nearly all of the stations doubleup as meteorological stations of the Republic Hydro-Meteorological Institute, which were established earlier.

RadioactivityThe programme of systematic evaluation of radio-

nuclides, established by the Centre for Eco-Toxicological Researches of Montenegro, has 10 chap-ters for the measuring of:

• background radiation in Podgorica and Bar;

• radionuclide levels in the air through daily samplingand summary monthly sampling;

• radionuclide levels in Skadar Lake through quarterlysamples;




• radionuclide levels in sea water, which include,gamma-spectrometric analyses of seawater from Barand Herceg Novi (summary monthly samples) andgamma-spectrometric analyses of bio-indicationorganisms (twice a year);

• radionuclide contents in precipitation (summarymonthly samples);

• radionuclide levels in human food (practically alltypes of food are analysed, but only those producedin Montenegro);

• radionuclide levels in cattle feed;

• radionuclide levels in building materials;

• radionuclide levels in soil; and

• radon levels in homes and work places.

Methods used to process samples, prepare samples,and conduct analyses are outlined in the following:

• “Measurement of Radionuclides in Food and theEnvironment: A Guidebook”; IAEA Technical ReportsSeries No. 295.

• EML Procedures Manual HASL 300, 28th Edition; U.S.Department of Energy, Environmental MeasurementsLaboratory.

The Air Pollution Monitoring Programme, which hasbeen significantly improved in the last two years, presentsdetailed analyses of the radioactivity level in Montenegro.

Soil pollutionA soil pollution control programme is carried out

quarterly. Analysis of soil pollution is carried out:

• in 100 sampling spots throughout Montenegro’slargest cities — Podgorica, Berane, Bar, Pluzine,Pljevlja, Ulcinj, Herceg Novi, Bijelo Polje, Kolasin,Kotor and Tivat; and

• in four sampling points near electric power transfor-maer facilities.

Measurements of levels of heavy metals, PAHs andsome specific organic elements are also conducted.

WatersThe Water Quality Monitoring Programme has four

elements:

• sea water (18 sampling points);

• river water (36 sampling points);

• lakes Crno, Plavsko and Skadarsko (nine samplingpoints);

• water wells (20 sampling points).

The sampling and analyses of the Water QualityMonitoring Programme are carried out quarterly. Thequality of drinking water is overseen by the Ministryof Health.

Public access to monitoring and sampling data

The results of all monitoring programmes are submit-ted to the MoEPP and serve as the basis for a report onthe state of the environment in the Republic ofMontenegro. The report is adopted each year by the gov-ernment and is distributed to all the country’s 21 munici-palities; and is avalable upon request.

It is clear that the state of the environment is moni-tored, checked and recorded by the MoEPP. TheEnvironmental Inspectorate is not directly involved inmonitoring, however ambient monitoring data helpsinspectors detect violations without having to make sitevisits, and helps them determine whether permit holdersare meeting their environmental requirements. Due tothe difficulties in proving that a specific pollutant camefrom a particular installation (except in cases where anemission has a characteristic composition that gives awayits origin) ambient measurement data generally only sug-gests a potential violation. Proof of violations usuallyrequires a site inspection. In the event of accidents thatare potentially dangerous to the environment, theEnvironmental Inspectorate performs sampling by itselfor in cooperation with experts from other institutions.The needs for monitoring and sampling are as

follows:

• to equip environmental inspectors with mobile mon-itoring equipment;

• to organise training in the use of such equipment;

• to equip environmental inspectors with mobile sam-pling equipment;

• to organise training in sampling techniques; and

• quality assurance.

Compliance Assessment Compliance assessment is achieved through the col-

lecting of self-monitoring data from industry, throughcomplaint checks and through the permitting authori-ties’ own investigations.

In practice, compliance assessment has been onlypartly achieved in Montenegro. Environmental protec-tion and sustainable development are new concepts inMontenegro. However, the country can boast of:

• a modern and well-defined set of environmentallaws, which though imperfect, are still applicable;


• good, modern environmental monitoring programmes;

• well-equipped laboratories, especially those at theMontenegro Centre for Eco-Toxicological Research;

• well-defined environmental requirements; and

• well-preserved environment and natural resources.

To improve compliance in Montenegro itwould be useful to define the following:

• strategy on compliance assessment, and

• compliance indicators.

Enforcement Performance,Actions and Reporting Capabilities

Enforcement involves the measures undertaken by theGovernment of Montenegro and the MoEPP to assurecompliance with domestic environmental legislation andmultilateral agreements and conventions. Enforcementalso involves steps to prevent or correct dangerous situa-tions. These measures are performed primarily by theenvironmental inspectorate and other public inspec-torates. Some of these measures are as follows:

• regular inspections of existing facilities;

• the issuing of permits, in accordance with specificregulations, for new facilities;

• legal actions against violations of the law; and

• assistance to institutions that perform environmentalanalyses (CETI and others).

Enforcement also involves education and promotion,which includes:

• public-awareness campaigns through TV, radio andnewspapers;

• education of young people (the Eco-Rangers pro-gramme, for example);

There are obstacles, however, such as:

• human behaviour and lack of respect for environ-mental laws;

• resistance of regulated facilities due to high costs ofcorrecting problems;

• lack of support for enforcement community;

• lack of financial resources; and

• high cost of clean technologies.

According to the Environmental Inspectorates annu-al report from 2000, 44 fines were issued, but no feeswere collected.

Data concerning the number of successful courtcases is not available because environmental cases areof secondary importance to the courts.

The annual report also shows several examples thatshow that inspection work has improved the state of theenvironment, or at least improved public awareness ofthe environment.The needs for enforcement indicators and

reporting capabilities that will improve the workof Environmental Inspectorate, are as follows:

• training courses for annual report writing, and

• peer reviews.

Statements and Evaluations of Experts

The main difficulty in enforcing environmental laws isthe lack of well-defined regulations covering specificquestions of environmental protection. There are manyimperfections that are presented under subchapters,which were written in consultation with experts in specif-ic environmental subjects. The observations and sugges-tions presented therein show some imperfections of theenvironmental legislation. The expert analyses and inspec-tions are closely related and are important in the processof strengthening national environmental institutions.

Air pollutionThere are three main control activities:

• establishing air pollution limits in work environ-ments;

• controlling emissions of dangerous and harmfulmaterials into the air; and

• establishing limits for air pollution in work placesand setting standards for air quality and workingconditions.

Air pollution is defined in:

• the Official Gazette of the Republic of Montenegro,No. 25/2001; and

• the Official Gazette of the Republic of Montenegro,No. 4/1982.

Emissions of dangerous and harmful pollutants intothe air are defined in:

• the Official Gazette of the Republic of Montenegro,No. 14/1980.

Establishment of limits of air pollution in workplacesis defined in:



• Regulation No. 15/01 – 149/52, Official Gazette ofSFRJ No. 54/1991, and Standard JUS Z.B0.001, 1991.

There are some improvements needed:

• Regulations that address the problem of air pollutionare outdated. There is no value for maximum per-missible concentrations (MPCs) for some pollutants,and some of the MPCs are too high.

• There are no regulations for MPCs, specifically forprecipitation, so the value for drinking water applies.

• Regarding dust in the air, MPCs are absent for allheavy metals except lead and cadmium.

• Regarding air deposition (sedimentation) MPCs aremissing for all heavy metals except lead and cadmi-um.

• There are no regulations requiring analyses andevaluation of automobile emissions.

• Requirements are lacking for continuous measure-ment of emissions from stationary air pollutionsources, including factories and thermo-electricpower plants. Inspections are made only in responseto complaints from local residents, or at the requestof environmental inspectors.

• For the quality of air in working environments, thereis no obligation to the continuously measure air qual-ity. All measurements are performed at the request ofworkers, inspectors, and sometimes in response toaccidents. Furthermore, MPC values are incompleteand out-of-date.

In respect to the Regulatory Act of Emissions ofPollutants into the Air, given in the Official Gazette ofthe Republic of Montenegro, No. 25/2001:

• There are precise descriptions of equipment qualityand measurement methodology of immovablesources.

• Authorised institutions for these kinds of measure-ment are defined in detail.

• There are no values assigned to any of the pollutiontypes.

• This regulation act is too general, and hardly applic-able in practice.

Suggestions:

• Create new laws and regulations that address allaspects of air pollution and precipitation quality, aswell as their control. These strictures should bebased on the Regulatory Act of Emissions ofPollutants into the Air (Official Gazette of theRepublic of Montenegro, No. 25/2001).

• Define precise MPCs for all pollutants, and reconcile

MPC values with those in the regulations of the EU’senvironmental protection agencies.

• Develop a registry of air polluting installations andplan and carry out air pollution control.

• Organise cooperative work with other South EasternEuropean countries to control trans-boundary trans-portation of air polluting materials.

RadioactivityAnalysis of radioactivity consists of these main parts:

• systematic measurements of radionuclide levels inthe environment;

• analyses of imported goods;

• control of radiation sources in medicine, industryand general use; and

• quality control of ionising sources and devices whichproduce ionisation radiation, especially in medicine.

These activities are defined in domestic law and reg-ulation acts officially given in:

• the Official Gazette of Yugoslavia No. 46/1996.




In these official gazettes, there are 12 laws, sub-lawacts and regulation acts, which have the followingadvantages:

• It is obvious that all the acts regulating radioactivityare now concordant with regulations in theEuropean Union and United States. More precisely,some of the basic principles and values are takenfrom EU and US regulations, and some are eventighter than those of the EU and US.

• There is a very precise mathematical model for cal-culation of maximum permissible concentrations(MPC) in all aspects of the environment in mattersconcerning public health (food, drinking water, air,radon levels, etc.)

• MPC values are given for most radionuclides.

• Drinking water regulations have separate MPCs forall relevant radionuclides.

• For building materials, precise MPCs for all naturalradionuclides are given, along with a mathematicalmodel for estimation of permissible accumulations.

• There is precise definition of equipment types, desiredquality of equipment, methods for analyses, etc.



• There is an obligation to provide evidence of whereradiation originates from.

• There is an obligation to provide evidence of radia-tion exposure, both in the work place and in the gen-eral population.

Despite these merits, there are many deficiencies inthe application of regulations:

• Though the regulations have well-defined MPCs forevery single radionuclide, there is no mathematicalmodel that accounts for the summary impact of allpresent radionuclides, evidenced by all types of sam-ples. The only exception is the regulations on build-ing materials.

• MPC values are based on the “maximal permissibleintake” of radionuclides over one year, which in turnis based on an average annual consumption of food,air, etc. for an average person. The problem is that inMontenegro, there is no official statistical data on anytype of food or beverages, and therefore scientistsmust use statistical data for Republic of Serbia to cal-culation Montenegro’s MPCs.

• MPC values in cattle feed are equalised for MPC esti-mates on human food. This is not correct becauseradionuclide transfer coefficients are important in thefood chain, e.g. the chain linking cattle feed to beef tohumans. There is minimal radionuclide transfer fromthe bottom to upper levels of the food chain.

• There is no official evidence of any kind of radiationsources that are in public use.

• There is no official evidence of the general popula-tion’s or professional workers’ exposure to radiationsources.

• Customs lack any kind of radiation and dosimetrychecks or prevention.

• There is no coordination in the control of import-ed goods between sanitary, trade and veterinaryinspectors.

• There is no clear definition of who oversees radiationsources, and there is no special inspection unit forradiation protection.

• Inadequate time is set aside for analyses of importedgoods. Samples for analyses are taken at the momentwhen goods arrive at customs, which is bad becausefor gamma-spectrometry analyses of radon (Ra) 226,it is necessary to hermetically seal the sample at least28 days prior to conducting the analysis.

• There is no systematic, precise quality control ofradiation sources in health institutions.

• Personal dosimetry checks for professional exposureto radiation are not routine or organised in a system-atic way.

• Though the law sets out well-defined acceptable lim-its for radon concentration in buildings, there is noobligation to check radon levels prior to or duringbuilding construction. Neither is there an obligationfor radon measurements of soil on sites slated forbuilding construction.

Despite these observed shortcomings, radioactivityand radiation protection are among the most preciselyregulated areas of domestic codes concerning the envi-ronment and civil use. In addition, these regulations arehighly concordant with those of the EU and United States.

Soil pollutionThe problems in soil pollution control are similar to

those in other parts of environmental control. Laws andregulations addressing soil pollution are only partlywritten in accordance with the regulations of theEurope Union.

The main problem areas are:

• a lack of MPC values for all pollutants;

• the methodology for sampling is not precisely set out;

• there is no obligation for systematic measurements ofsoil pollution near electric transformer facilities;

• the contents of mineral oils (oil derivatives) are notamong the pollutants that must be controlled; and

• there is no obligation to control levels of pollution inagricultural soil.

WatersUnder the classification of water, there is drinking

water, surface water, underground water and seawater.Laws and regulations on water pollution are only partlyharmonised with Europe Union regulations.

Some of these laws and regulations are well-defined:

• Classification and categorisation of water in terms ofits quality is well-defined.

• There is an appropriate definition of water quality forthe cultivation of fish and shellfish.

• MPCs for drinking water, especial for type AI, arelower than in the EU.

• Seawater is classified in terms of its use, whether it beport water, swimming water or water for the cultiva-tion of fishes and shellfish

Water regulations are problematic in other areas:

• Definitions are given without the necessary precision.

• MPC values lack some pollutants.

• The quality of drinking water is well defined in a reg-




ulatory act passed in 1998, which is on par with EUnorms. However, another regulation states that onlyhealthcare institutions may make judgements aboutdrinking-water quality. Other institutions may per-form analyses, but are not allowed to make judge-ment about their analyses.



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Annex 1: Organisational Chart: Ministry of Environmental

Protection and Physical Planning

Advisors to the MinisterGvozdenovic Danilo

Zivkovic MilenaBosnjak Zoran

MinisterRade K. Gregovic

SecretaryObrad - Miso Stanisic

Department ofEnvironmental

Protection

Department ofEnvironmental

Policy

Department ofBuilding

Department ofUrban Planning

Department ofHousing, and

Public Utilities

Department ofLegislation

and GeneralAdministartive

Issues

Deputy MinisterNada Mugosa

Deputy MinisterLuka Mitrovic

EnvironmentInspection UnitChief Inspectors:

AleksandarDjuraskovicInspectors:

Veselinka Zarubica,Pavle Radoman,Dragan Asanovic

Senior Advisorfor NatureProtection,

Biodiversity andProtected AreasVasilije Buskovic,Lazarela Kalezic,

Viktor Subotic

Senior Advisorfor Air,

Radioactivityand StandardsBiljana Djurovic

Senior Advisor for Hazardous-

and WasteMaterials

Ilija Radovic

Senior Advisorfor

EnvironmentalPolicy andEconomy

Biljana Bojovic

Senior Advisorfor International

CooperationSrna-Jelena Sudar,

Ana Pajevic

Senior AdvisorInformation

Systemsand

Eco-Management

Vladan Raznatovic, Dragutin Grgur

Senior Advisorfor PublicRelations

and NGOsSenka Bjekovic

Senior Advisorfor High-Rise

BuildingVasko Popovic,Dragisa Radovic

Senior Advisorfor Civil

EngineeringTanja Vujosevic,Jelena Raicevic

Senior Advisorfor

Economy Issuesin Building

Lidija Medigovic

Deputy MinisterBranko Radusinovic

BuildingInspection Unit

Chief Inspector: Zoran Arsenijevic,

Regional Inspectors (=46):Head for Central Region:

Ivancevic Rina,Head for South Region:

Sofranac Sloodan,Head for North Region:

Ivan AsaninSenior Advisor for

Administrative Procedureand Executive Issuesrelatedto Building

Inspection:Milica AbramovicSenior Advisor –

Head for ExecutiveIssues: Lazar Vlaovic

Archivists: Peric Sonja (Central Region),

Executive Worker:Milic Bakic

Urban PlanningInspection UnitChief Inspector:Semir Bucan,

Regional Inspectors:Branka Petrovic

(for Central Region),Zeljka Vranic

(for South Region),Minic Sinisa,

Bisera Alihodzic(for North Region)

Deputy Minister

Dragoliub Markovic

Senior Advisorfor Urbanism:

Budislava Kuc,Miodrag Bajkovic

Senior Advisorfor

Physical PlanningZeljko Bozovic

Senior Advisorfor Economy

Issues inUrbanism

Drago Banovic

Deputy Minister

Milenko Perovic

Senior Advisorfor Economy

Issues in PublicUtilities Sector

Slavka Babic,Sandra Manojlovic

Senior Advisorfor Technical

Issues inHousing

Vojislava Popovic

Senior Advisorsfor General

Legislative Matters

Radulovic Rajka, Jovicevic Vesna,

Djerkovic Gordana,Micunovic Predrag,Pavicevic Natasa,

Kjajevic Dubravka,Radovanovic

Veselinka,Saranovic Miodrag

Senior Advisorfor Technical

Issues in PublicUtilities SectorIvanovic Zdenka

Deputy Minister

Nada Ulicevic

AdministrativeProcedure UnitChief of the Unit –Authorised Officerfor Administrative

Procedure:Raicevic MiroslavaAuthorized Officer for Administrative

Procedure:Vasiljevic Ana,

Braunovic SlavicaBookkeeper:

GeneralAdministration

UnitChief of the Unit:Office Assistant –

translator:Bjelobrkovic Dragana

Archivists:Lekic Fuad,

Hrapovic ErvinaCar Service Officer:

Zivkovic Vladan


Annex 2: Contact Information

Tomislav Andjelic, Specialist in RadioecologyExpert for REReP 1.7 ProjectRadioactivity monitoring programme expertPI Centre for Eco-Toxicological Research ofMontenegroPut Radomira Ivanovica 281000 Podgorica, Republic of Montenegro Tel: (381-81) 623-862, 623-903, 623-981Fax: (381-81) 623-921E-mail: [email protected]

Biljana Djurovic, Senior Advisor Focal point for REReP 1.7 ProjectMinistry of Environment and Physical PlanningPC Vektra81000 Podgorica, Republic of MontenegroTel: (381-81) 482-165Fax: (381-81) 234-183E-mail: [email protected]

Republic’s Environmental InspectorateAleksandar Djuraskovic, Chief Environmental InspectorMinistry of Environment and Physical PlanningPC Vektra81000 Podgorica, Republic of MontenegroTel: (381-81) 482-176Fax: (381-81) 234-183

Vesna Zarubica, Environmental InspectorMinistry of Environment and Physical PlanningPC Vektra81000 Podgorica, Republic of MontenegroTel: (381-81) 482-178Fax: (381-81) 234-183

Pavle Radoman, Environmental InspectorMinistry of Environment and Physical PlanningPC Vektra81000 Podgorica, Republic of Montenegro Tel: (381-81) 482-175Fax: (381-81) 234-183

Dragan Asanovic, Environmental InspectorMinistry of Environment and Physical PlanningPC Vektra81000 Podgorica, Republic of Montenegro Tel: (381-81) 482-175Fax: (381-81) 234-183

ContributionsAna Misurovic, DirectorPI Centre for Eco-Toxicological Research of MontenegroConsultant for water and soil pollution monitoring programmesPut Radomira Ivanovica 281000 Podgorica, Republic of MontenegroTel: (381-81) 623-862, 623-903, 623-981Fax: (381-81) 623-921E-mail: [email protected]

Radomir Zujovic,Specialist in Instrumental Analyses Air pollution and monitoring expertPI Centre for Ecotoxicological Researches ofMontenegroPut Radomira Ivanovica 281000 Podgorica, Republic of Montenegro, Tel: (381-81) 623-862, 623-903, 623-981Fax: (381-81) 623-921E-mail: [email protected]




Danijela Kosic, Specialist in InstrumentalAnalysesExpert for water pollution and monitoringPI Centre for Eco-Toxicological Researches ofMontenegroPut Radomira Ivanovica 281000 PodgoricaRepublic of MontenegroTel: (381-81) 623-862, 623-903, 623-981Fax: (381-81) 623-921E-mail: [email protected]

THE REGIONAL ENVIRONMENTAL CENTER FOR CENTRAL AND EASTERN

EUROPE (REC) is a non-partisan, non-advocacy, not-for-profit organisation

with a mission to assist in solving environmental problems in Central and

Eastern Europe (CEE). The Center fulfils this mission by encouraging cooperation

among non-governmental organisations, governments, businesses and other

environmental stakeholders, by supporting the free exchange of information

and by promoting public participation in environmental decision-making.

The REC was established in 1990 by the United States, the European Commission

and Hungary. Today, the REC is legally based on a Charter signed by the

governments of 27 countries and the European Commission, and on an

International Agreement with the Government of Hungary. The REC has its

headquarters in Szentendre, Hungary, and local offices in each of its 15

beneficiary CEE countries, which are: Albania, Bosnia and Herzegovina, Bulgaria,

Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, FYR Macedonia,

Poland, Romania, Serbia and Montenegro, Slovakia and Slovenia.

Recent donors are the European Commission and the governments of Albania,

Belgium, Bosnia and Herzegovina, Bulgaria, Canada, the Czech Republic,

Denmark, Estonia, Finland, France, Germany, Italy, Japan, Latvia, Lithuania,

the Netherlands, Poland, Serbia and Montenegro, Slovenia, Sweden,

Switzerland, the United Kingdom and the United States, as well as other

inter-governmental and private institutions.

Environmental Enforcem

ent and Com

pliance in South Eastern Europe

Environmental Enforcement and Compliance in South Eastern Europe




Environmental Enforcement and Compliance in South Eastern Europe THE REGIONAL ENVIRONMENTAL CENTERfor Central and Eastern Europe

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