Bilateral screening: Chapter 27 PRESENTATION OF THE REPUBLIC OF SERBIA

Transcription

1 REPUBLIC OF SERBIA Negotiating Group for the Chapter 27 Bilateral screening: Chapter 27 PRESENTATION OF THE REPUBLIC OF SERBIA Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Ministry of Agriculture and Environmental Protection Brussels, November

2 Legal framework Serbia became Party to Aarhus Convention by adopting the Law on Ratification of the Aarhus Convention ( OG of RS, No. 38/09); Serbia adopted the Strategy for the implementation of the Aarhus Convention and related Action Plan ( OG of RS, No. 103/11) Provisions are also implemented by following laws: Law on Environmental Protection (LEP) ( OG of RS, No. 135/04, 36/09, 72/09) Law on Environmental Impact Assessment (Official Gazette of the RS No.135/04, 36/09) (LEIA) Law on Integrated Environmental Pollution Prevention and Control ( Official Gazette, No. 135/2004) 2

3 TRANSPOSITION(1) Directive is partially transposed, with the exception of article 2. 2, 2.3.2, and Annex I, mainly refers to Law on Environmental Protection (LEP) ( OG of RS, No. 35/04, 36/09, 72/09, 43/11) and with the exception of article refers to Law on Planning and Construction ("OG of RS", No. 72/09) & Law on Environmental Impact Assessment (LEIA) ( OG of RS, No. 35/04, 36/09); Plan for transposition Foreseen in the NPAA Amendments to the Law on Environmental Protection Amendments to the Law on Environmental Impact Assessment & Law on Planning and Construction Expected to be achieved 2018 the latest 3

4 TRANSPOSITION(2) New Law Seveso III- Directive 2012/18/EU 2016 *1 FULL TRANPOSITION Law of IPPC Amendments to the Law on Environmental Protection 2016 FULL TRANSPOSITION END OF Amendments to the Law on SEA 2017 *1 Amendments to the Law on EIA 2018 Amendments to the Law on Planning and Construction *2 development consent *1 Examples of sector-specific instruments containing provisions on public participation: SEA & SEVESO III *2 Ministry of Construction, Transport and Infrastructure 4

5 TRANSPOSITION(3) public participation for plans and programs specified under Annex 1 of the Directive mechanism public participation and access to justice reasonable time frames? LEP Law of SEA and LEP/ NEW LAW -SEVESO III Law of EIA and Law of IPPC 5

6 TRANSPOSITION(4) Article 3. of Directive 2003/35/EC Public includes one or more natural or legal entities, their associations and organizations. Public concerned refers to the public affected by or the public likely to be affected by the plan, program, project or performing activities, including the non-governmental organizations dealing with the environment which are registered by the competent state authority in charge of internal affairs Art. 3. item 26) and 28 ) Law on Environmental Protection Article 2. item 1) and 7) of the Law on EIA Article 2. item 16) and 17) of Law on IPPC 8

7 COMPETENT AUTHORITIES in charge of developing the plans/programmes mention in Annex I: Ministry of Agriculture and Environmental Protection, Department for Waste Management : a) Article 7(1) of Council Directive 75/442/EEC of 15 July 1975 on waste b) Article 6 of Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances d) Article 6(1) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste e) Article 14 of Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste Ministry of Agriculture and Environmental Protection, Department of Air Protection : f) Article 8(3) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management Water Directorate of the Ministry of Agriculture and Environmental Protection : c) Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 7

8 INSTITUTIONAL FRAMEWORK State authorities, the Provincial authority and local government authorities responsible for the preparation of plans and programs and for the decision to grant development consent; State authorities, the Provincial authority and local government authorities in charge for environmental protection; The Judicial Bodies-The Administrative Court of Serbia. Interested Parties in the public participation procedure Republic agencies, institutes, NGO s and other stakeholders (associations, endowments, foundations, unions, chambers, universities and conferences Academy of Professional Studies, and other organizations whose aims as activities oriented towards achieving public interest); 7

9 IMPLEMENTATION Public participation EIA & IPPC Implementation of the second Aarhus pillar Requirements for decision-making on environmentally significant projects: Public participation under the Environmental Impact Assessment (EIA)-Directive 2011/92/EU and Directive (IPPC) 1996/61/EC is defined in LEIA and LIPPC Early and effective participation of the public concerned, when all options are open Outcome of public participation to be taken into due account in the final decision 9

10 IMPLEMENTATION Public participation and access to justice EIA Implementation of the second and third Aarhus pillar Project developer Request for screening Competent authority Screening Decision Screening procedure lasts 33 days Public consulted Appeal possible CA shall make a decision within 30 days EIA needed Project developer Competent authority Request for scoping Determining EIA scoping Scoping lasts 38 days Public consulted Appeal possible CA shall make a decision within 30 days Project developer Competent authority Competent. authority Preparing the EIA report Submission of the report to the Ministry EIA Report review Decision on approval (yes or no) Project developer has 1 year to prepare EIA report The Competent authority has 49 days to review the EIA report Public consulted Appeal possible Public consulted (public concerned is entitled to initiate administrative court proceeding against the decision of the competent authority 10

11 IMPLEMENTATION Public participation and access to justice IPPC Implementation of the second and third Aarhus pillar Operator Permit Permit granting granting application application Competent Authority (CA) (CA) On On the the request of other authorities and organizations, and and public concerned public concerned shall deliver shall the deliver copy the of copy the permit of the granting permit application granting application inform authorities and inform organizations authorities and organizations public concerned and public concerned within within 5 days 5 days Other authorities and organizations Other authorities and public and organizations concerned may and submit public concerned their opinions may submit within their opinions 15days within 15days Competent authority Competent authority Competent authority Competent. authority Draft permit Draft permit CA shall compile the draft CA shall permit compile within the draft permit 45 days within 45 days On the request of other On authorities the request and of other organizations, authorities CA and shall deliver organizations, the copy CA of shall the deliver draft the permit copy of the draft permit CA shall submit the draft permit to the special Technical CA shall Commission submit the draft permit to the special Technical Commission Decision making within 120 days Decision making within 120 days shall shall consider the opinions of other authorities and organizations and the public concerned shall also have the obligation shall also to have submit the the draft obligation permit to to submit the abovementioned the draft permit parties, to the on abovementioned request, within parties, 5 on days their their request, within 5 days The Commission shall The Commission shall compile the report compile the report operator s application, the attached documentation, reports and evaluation of the TC and opinions of other authorities and organizations and the public concerned Other authorities and Other organizations authorities and and organizations public concerned and public concerned Other authorities and organizations and public concerned may submit to the competent authority their opinions relating to the draft permit within 15 days No complaints,administrative No complaints court administrative proceeding can court be proceeding instigated can be instigated 11

12 IMPLEMENTATION Implementation of the third Aarhus pillar Law on Environmental Protection (Article 9, 81, 107 of the LEP): Article 9 of the LEP specifying that a citizen or groups of citizens, their associations, professional and other organizations are entitled to exercise their right to healthy environment before the competent authority or the court in accordance with the law. Article 81a of the LEP stipulates that the public concerned are entitled to exercise their right to healthy environment by initiating the decision review procedure before the competent authority or the court in accordance with the law. Article 107 of the LEP stipulates that every person affected by damage has right to reimbursement. The request for reimbursement may be submitted directly to the polluter. Court procedure for reimbursement is urgent. 12

13 IMPLEMENTATION Implementation of the third Aarhus pillar The Law on Free Access to Information ( Official Gazette of the Republic of Serbia, No. 120/04, 54/07, 104/09 and 36/10) - decides about legality of the decision given upon a request for access to the information. The Law on General Administrative Procedure ( Official Gazette of the Republic of Serbia, No 30/2010.) - regulates the procedure upon the appeal on the decisions on screening and scooping in the EIA. The Law on Administrative Dispute ( Official Gazette of the Republic of Serbia, No. 111/2009) decided upon legality of the decision which is approved in administrative procedure. 13

14 COMPETENT AUTHORITIES : Ministry of Agriculture and Environmental Protection Ministry of Construction, Transport and Infrastructure Autonomous Province of Vojvodina Local self government unit Administrative capacities EIA IPPC SEA SEVESO Republic level - Ministry Autonomous Province of Vojvodina 2 (EIA & SEA) 1 2 (EIA & SEA) / City of Belgrade / Local self government unit One or two persons for EIA/IPPC/SEA / 14

15 Improving of implementation is achieved: GUIDELINES FOR PARTICIPATION OF CIVIL SOCIETY IN THE LEGISLATIVE PROCESS, which is determined by SERBIAN GOVERNMENT (Conclusion 26. August 2014.) in order to harmonize practices of the entire system of the state administration authorities to prepare the legislation in cooperation with civil society organizations in accordance with current European trends. The purpose of the guidance is routing of the state administration authorities in regard to the involvement of civil society in the preparation, adoption and monitoring of the implementation of the regulations, in order to ensure their effective and efficient implementation. partnership involving advising informing 15

16 Future steps : Trainings for CA, NGOs and Civil society organizations Using Aarhus Centers to inform the public about its rights improving the public participation in the preparation, adoption and monitoring of the implementation of regulations which regulate the issues and taking positions of public interest Strengthening Administrative Capacities at national, provincial and local level 16

17 Conclusions: Directive is partially transposed; Full transposition is envisaged by CA are: Ministry of Agriculture and Environmental Protection Ministry of Construction, Transport and Infrastructure Autonomous Province of Vojvodina Local self government units Full implementation is envisaged by

18 Thank you for your attention 18