ECENA 3rd Plenary meeting September 18-19, 2008 Istanbul, Turkey MONTENEGRO Short overview of the implementation of IPPC, LCP, Seveso II, Waste Landfill and Incineration directives
IPPC Directive Progress Monitoring Report, Year 10 – 2007, Montenegro, July 2007: “Transposition of the IPPC directive is very advanced (85 %). The main transposing instrument is the Law on IPPC no. 80/05, which was adopted and entered into force in 2005, however it will only be applied as per 1st of January 2008. All definitions are considered to be correctly transposed. According to art 31 of the Law on IPPC, the operator shall obtain the permit for the existing installations and activities until 1st of January 2015.”
IPPC Directive • Status of IPPC Transposition The Law on IPPC (“Official Gazette RM” No. 80/05) entered into force on the eighth day from the date of publishing in “The Official Gazette of the Republic of Montenegro” and it is applies from January 1st, 2008. • Stakeholder involvement (extent of involvement) • Institutional structures for IPPC law implementation Competent permit issuing authority is: • authority of the state government competent for the environmental protection (in this moment Ministry, in near future Agency) - for installations and activities for which the permit or authorisation for construction and start up, namely execution of carrying out of activities is issued by another competent administration authority; • authority of the local self-government competent for the environmental protection (municipalities) - for other installations or activities for which the construction permit and permit for start up, namely the execution of activities is issued by the competent local self-government authority (Art. 4 of IPPC Law).
IPPC Directive • Following secondary regulations were adopted in January 2008: • Regulations on types of activities and installations for which an integrated permit is issued (“Official Gazette of the Montenegro”, no. 07/08); • Regulations on Criteria for Determining BAT, for application of QS, as well as for determining ELVs in the integrated permit (07/08); • Regulation on Content of the Program of Measures for Adjustment to Prescribed Requirements of the Operation of existing Installation or activities (07/08) • Rulebook on Content and Manner of Keeping Registries of issued Integrated permits (“Official Gazette of the Montenegro”, no. 03/08); • Rulebook on Content, Form and Manner of filling up application for issuing Integrated permit (03/08); • Rulebook on Content and Form of Integrated permit (03/08)
IPPC Directive • Inventory of IPPC Installations Inventory of the number of installations covered by this Directive will be carried out by Ecological inspection during 2008. In accordance with Regulation on types of activities and installations for which an integrated permit is issued, we are preparing the List of IPPC installation in Montenegro. We are expecting 10 - 15 installations. After that, the Program of Harmonization of Some Industrial Sectors with Provision of the IPPC Law shall be enacted by the Government.
IPPC Directive • Timetable for IPPC Permitting After Inventory of IPPC Installations, the Program of Harmonization of Some Industrial Sectors with Provision of the IPPC Law shall be enacted by the Government. The operator of existing installations shall obtain the permit for the existing installations and activities until January 2015 the latest, in accordance with the Program. The period for submission of application is 12 months before the date posted in the Program for each existing installations.
IPPC Directive • Best Available Techniques No translations:(Translations available? Experts participation in drafting?) Familiarity of Operators
IPPC Directive • Competencies and skills for issuing integrated permits “The environmental administration is too understaffed to cope with all the tasks caused by the new legislation and strategic framework, let alone undertake complex reforms…. Capacity and competences are also lacking at local level…. Municipalities will also have to develop services to deal with the installations for waste and wastewater management set out in the master plans, tasks they are unable to execute at the moment” (ECE-Review). As a consequence, the environmental administration has to be strengthened along the lines described in the Integration Programme, both in terms of employment and training as well as financial requirements.
IPPC Directive Plans for improvement Establishment of the Agency dealing with the environmental protection is planned (3st quarter of 2008). Employment Plan: NATIONAL PROGRAM FOR INTEGRATION OF MONTENEGRO INTO THE EU (NPI)FOR THE PERIOD 2008 - 2012
Large Combustion Plants Directive • Transposition of LCP Directive : Adoption of Decree on Setting Ceilings for Pollutants Emission into the Air from Stationary Source Emissions, which will be harmonized with the requirements of Directives 32001L0080, 31999L0013, 32000L0076 and 31987L0021, is planned during 2009-2nd quarter (NPI) • Inventory of LCP installations No • National Emission Reduction Plan, set ELVs or both • Competent authorities • Systems to determine total emission values from existing LCPs • In accordance with Treaty establishing the Energy Community (Brussels, 22. February, 2005.)each contracting party shall implement the Directive 2001/80/EC on largecombustion plants by 31st December 2017.
Seveso II Directive • Transposition of Seveso II Directive No • Inventory of Seveso II installations No • Competent authorities/Tasks • Accident prevention policies (required/not required) • Safety reports (required/not required) • NOTE:New Law on the Environmental Protection is adopted in August 2008. This Law defines provisions for the transposition of the SEVESO II Directive. • Based on the Law on Environment secondary regulations regard SEVESO will be adopted during 2009 (2nd/3rd quarter). This is in accordance with NATIONAL PROGRAM FOR INTEGRATION OF MONTENEGRO INTO THE EU (NPI)FOR THE PERIOD 2008 - 2012).
Waste Landfill Directive • Transposition of Waste Landfill Directive: Progress Monitoring Report, Year 10 – 2007, Montenegro, July 2007: “Transposition of the Directive is relatively advanced, thus around half of theprovisions have been transposed through the adoption of the Waste ManagementLaw 80/05. Some definitions, inter alia underground storage; landfill,leachate, and landfill gas have not been transposed yet. Transposition of thedefinitions as well as the majority of substance provisions is foreseen throughadoption of an ordinance (Ministerial Order) on the conditions and requirementsfor site determined for landfill, construction and operation on landfillswhich is currently in the drafting phase and expected to be adopted not laterthan 1st of November 2008. The provision concerning conditioning plans accordingto the Directive's art. 14 has not been transposed and it is not foreseenhow and when this will happen. Thus, full transposition has not been determinedyet.” • Number of landfills • Landfill classification - Article 59 of WML defined the class of landfill • Criteria for waste to be accepted to landfills (Yes. Part of Ministerial Order) on the conditions and requirements for site determined for landfill,construction and operation on landfills- EU Decision 2003/33/EC on establishing criteria and procedures for the acceptance of waste at landfills)
Waste Landfill Directive • Strategy for reduction of BMW to landfills • Target for reduction of BMW to landfills • Waste NOT accepted-Waste Law ("Off.G. RM" No. 80/05) , article 60, for waste from Art.5.3 a),b) and c) Directive 99/31 • Landfill fees (Art.10 Directive 99/31)
Waste Landfill Directive • Landfill permits requisites The permit for operations of waste disposal shall set out: • the type and quantity of waste to be disposed, • the location and authorized methods for waste disposal, • conditions set out for carrying out operations in the scope of waste disposal where required because of the nature of waste and protection of human life and health or of the environment, • the location and manner of waste storage, • the conditions of waste transport, • the validity term of the permit. (Waste Management Law, "Official Gazette RM" No. 80/05, article 31)
Waste Incineration Directive • Transposition of Waste Incineration Directive- NO • Number of incineration and co-incineration plants • No of permits issued • Categories of waste co-incinerated • Emission Limit Values • Note: The Waste Management Law foresees certain obligations for the operator so the type of waste can be identified prior to accepting it at the incinerator or the co-incinerator plant, according to Art. 56. Minimum operating conditions for incinerators as well as for co-incinerators are foreseen to be established through Ministry Ordinance. The public shall be informed about applications for permit or granted permits according to the Waste Management Act art 29-30. • In accordance with NPI 2008-2012 Rulebook on Type of Waste that could be Burned and Conditions that Facilities and Plants for Waste Burning should meet will be adopted in the 2011