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Chapter 27: Environment

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Chapter 27: Environment Chapter 27: Environment EU environment policy aims to promote sustainable development and protect the environment for present and future generations. It is based on preventive action, the 'polluter pays' principle, fighting environmental damage at source, shared responsibility and the integration of environmental protection into other EU policies. The acquis comprises over 200 major legal acts covering both horizontal and sectoral legislation (air quality, waste management, water quality, nature protection, industrial pollution control and risk management, chemicals, climate change, noise and civil protection.). Compliance with the acquis requires significant investment. A strong and well-equipped administration at national and local level is imperative for the application and enforcement of the acquis. 1 I. GENERAL ENVIRONMET POLICY 1. Are there any constitutional provisions in relation to environmental protection and/or sustainable development? The Constitution of the Republic of Serbia (Official Gazette of RS issue 98/2006), guarantees environmental protection and sustainable development. In Article 74 of the Constitution it is established that everyone shall have the right to healthy environment and the right to timely and full information about the state of environment and that the Republic of Serbia and Autonomous Province shall be accountable for the protection of environment. Article 97 of the Constitution determines that sustainable development, system of protection and improvement of environment, protection and improvement of flora and fauna shall be regulated and provided by the Republic of Serbia. Article 183 of the Constitution that defines the competences of autonomous province, empowers the province to organize and provide for environmental protection on its territory in accordance with the Law. Article 190, that describes the competences of the municipality as a local self-government unit, empowers the municipalities to organize and provide for environmental protection, through its bodies and in accordance with the Law. These constitutional provisions represent the basis for determining legal framework and content in the field of environmental protection. Rule of Law, the fundamental prerequisite of the Constitution that is based on inalienable Human Rights, is closely related to one of the basic human rights - right to a clean environment. 2. Is there a general environmental protection framework act, serving as a basis for other environmental legislation? Law on Environmental Protection (Official Gazette of RS, Nos. 135/04, 36/09, 36/09 – other law and 72/09 – other law), represents the framework law in the field of environmental protection. The law contains basic principles of legal order that comprehensively and completely regulate protection of the environment. The Law was adopted in 2004 and significantly amended with introduction of the Law on the Amendments to the Law on Environmental Protection on 19 May 2009. (Official Gazette of RS, No. 36/09). This law regulates integral system of environmental protection, which shall ensure human rights to live and develop in healthy environment and balanced correlation between economy growth and environment, with special emphasis on: integration of environmental protection and improvement policy into the economic policy; 2 consistent decisions of local self-government bodies that determines charges for protection and improvement of the environment; any person who utilizes natural values shall be obliged to pay real cost for their utilization and recultivation of the area, the polluter shall be obliged to pay single charge for environmental pollution and bear the total costs of measures for prevention and reduction of pollution, including the costs of risks for the environment and cost of elimination of damage inflicted on the environment; imposition of economic instruments and other measures to improve the quality of the environment General provisions of the Law determine the general subject, basic principles on which the environmental protection system is based, subjects that provide protection and special laws adopted with the aim to regulate sustainable management of natural values and protection of environment. Aforementioned law also regulates management of natural values and conditions for environmental protection, monitoring the state of the environment, public informing and public participation, economic instruments, liability for pollution of the environment, supervision and penalty provisions. For the purpose of implementation of the Law on Environmental Protection regulation of certain issues is determined by by-laws, particularly by regulations and rulebooks. Law on Environmental Protection serves as a framework law for the field of environmental protection and other system laws, for instance Law on Ministries, and determines presumptions of law - legal ground for creating special laws to protect certain natural resources. Consequently, the Republic of Serbia created special laws on protection of nature, protection of air, waste management etc: 1. Law on Air Protection (Official Gazette of RS, No. 36/09) – This law regulates air quality management and establishment of environmental protection measures, their organization and control of their implementation, as well as control of air quality improvement, since it is the natural value of general interest that enjoys special protection; 2. Law on Nature Protection (Official Gazette of RS, Nos. 36/09 and 88/10) – this law regulates protection and conservation of nature, biological, geological and landscape diversity as an integral part of the environment; 3. Law on Noise Protection (Official Gazette of RS, Nos. 36/09 and 88/10) – this law determines: beneficiaries of environmental noise protection, noise protection measures and requirements, noise level estimation, public access to noise information system, monitoring and other relevant issues regarding the protection of the environment and public health; 4. Law on Non-ionizing Radiation Protection (Official Gazette of RS, No. 36/09) – this law regulates requirements and measures of human health protection and environmental protection from harmful effects of non-ionizing radiation caused by using non-ionizing radiation sources; 5. Law on Ionizing Radiation Protection and Nuclear Safety (Official Gazette of RS, No. 36/09) – this law regulates measures of protection of environment, human lives and health from harmful effects of ionizing radiation and nuclear safety measures in all procedures 3 concerning nuclear activities and regulates the conditions for performing operations with ionizing radiation sources and nuclear materials, as well as radioactive waste management; 6. Law on Waste Management (Official Gazette of RS, No. 36/09) – this law regulates: types and classification of waste, waste management planning, waste management agents, responsibilities and obligations in waste management, waste management organization, specific waste streams management, conditions and procedure of authorisation, cross-border movement of waste, waste information and database, waste management funding, monitoring and other relevant issues regarding waste management. 7. Law on Chemicals (Official Gazette of RS, Nos. 36/09 and 88/10) – this law regulates integrated management of chemicals, classification, packaging and labelling of chemicals, integral registry of chemicals and registry of chemicals placed on the market, restrictions and bans on chemicals production, use and placing on the market, export and import of certain hazardous chemicals, licenses for operating with, trading and using particularly hazardous chemicals, placing detergents on the market, systematic monitoring of chemicals, data accessibility, supervision and other relevant issues regarding chemical management. 8. Law on Environmental Impact Assessment (Official Gazette of RS, Nos. 98/2002 and 36/09) – regulates the assessment process regarding the effects of the projects that may have significant environmental consequences, the content of the Environmental Impact Assessment Study, participation of stakeholders, authorities, organizations and public, inter-state information about the projects that may have significant trans-boundary impact on the environment, monitoring and other relevant issues regarding environmental impact assessment. 9. Law on Strategic Environmental Assessment (Official Gazette of RS, No. 98/2008 and 88/10) – this law regulates the conditions, methods and procedure according to which environmental impact assessment of certain plans and programmes is carried out in order to provide environmental protection and enhancement of sustainable development by integrating basic principles of environmental protection into the procedure of preparation and adoption of relevant plans and programmes. 10. Law on Geological Research (Official Gazette of RS, No. 98/2008) 11. Law on Biocidal Products (Official Gazette of RS, No. 36/09 and 88/10). This law regulates: lists of active substances, adoption of acts that shall allow placing of biocidal products on the market; restrictions and bans on placing biocidal products on the market and on their use; classification, packaging, labelling, advertising and safety data sheet, registry of biocidal products; safe use of biocidal products; monitoring and other relevant issues regarding safe placing on the market and use of biocidal products. 12. Law on Packaging and Packaging Waste (Official Gazette of RS, No. 36/09) – regulates environmental requirements
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