DRAFT LAW ON THE SYSTEM OF ENVIROMENTAL...

Translated by OSCE Mission to FRY Legal Translation Unit 11-Oct-01 Translation funded by the United Kingdom

THE REPUBLIC OF SERBIA

GOVERNMENT OF THE REPUBLIC OF SERBIA

MINISTRY OF HEALTH AND ENVIRONMENTAL PROTECTION

- ENVIRONMENTAL PROTECTION ADMINISTRATION -

DRAFT LAW ON THE SYSTEM OF

ENVIROMENTAL PROTECTION

BELGRADE 15 September 2001


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DRAFT LAW

ON THE SYSTEM OF ENVIROMENTAL PROTECTION

I BASIC PROVISIONS

Article 1 (Subject of the Law)

This Law shall regulate the system of environmental protection by introduction of a comprehensive management that shall establish preservation of natural values in exploitation of the latter 1 and prevention and control of all forms of pollution, i.e. environmental protection. The system of environmental protection shall comprise of measures and conditions established by this Law and other regulations providing the following:

1) preservation of the integrity, diversity and quality of ecosystem, natural genetic pool, natural resources and health;

2) sustainable exploitation and use and preservation of and protection natural resources in respect of the exploitation of the latter, preservation of natural balance, prevention of environmental damage and strain;

3) preservation and promotion of the biological living conditions in respect of survival of all forms of life.

Article 2 (Comprehensive Management of Environmental Protection)

A comprehensive management of natural values and environmental protection shall consist of:

1) planned and rational exploitation of natural resources, treasures and energy;

2) preservation and development of the quality of environment; 3) monitoring, prevention and limiting of detrimental influence on the

environment; 4) introduction of more economical energy technologies and gradual

transition to the use of renewable natural resources; 5) integration of economic analyses and ecological estimates whilst assessing

profitability of a project aiming at including the costs of negative influences to the environment;

6) stimulating of such production and use of products and introduction of such technologies that would reduce the level of environmental pollutio n and production of waste;

7) protection of especially valuable, endangered and damaged areas; 1 Translators note: In Serbian Odrzivo koriscenje will hereinafter stand for sustainable exploitation


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8) rehabilitation of damaged environment; 9) development of a general awareness on the significance of environmental

protection; 10) participation of the public in environmental protection.

Article 3 (Guarantees of Environmental Protection)

Environmental protection shall be guarantied by the following: 1) the Republic 2) Autonomous Region 3) Municipality, namely town (hereinafter: local self-government); 4) Enterprises, other legal entities and entrepreneurs performing economic and other

activities wherein exploiting natural resources and polluting environment ; 5) Citizens, groups of citizens, their associations, professional and other

organisations for environmental protection.

Article 4 (Management of the System of Environment Protection)

Environmental protection shall be the responsibility of the Republic, Autonomous Region, i.e. local self-government and other territorial unit thereof, in such manner that whilst issuing and implementing its decisions, the latter shall guarantee a co-ordination and coherence between the following:

1) economic activities (agriculture, forestry, water economy, energetic, industry, construction, traffic, tourism etc.)

2) non-economic activities (education, health, science, culture etc.) 3) economic and non-economic activities; 4) government authorities, economic entities and NGOs, citizens’

associations etc.

Article 5

(Special Laws and Regulations) Management in respect of the natural treasures and environmental protection shall be established by this Law, special laws and other regulations.

Article 6 (Appropriate Authority)

The Ministry for Natural Resources and Environment (hereinafter: the Ministry) shall be considered the appropriate authority to implement this Law, unless the Law prescribes otherwise.


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Article 7

(Definitions) This Law shall recognise the following definitions: 1) An activity affecting the environment (hereinafter "activity") is any permanent or

temporary human action or discontinuation of such action which results in change in the environment and pertains in particular to: exploitation and use of natural goods; production and traffic; distribution and use of materials; emissions of pollution into water, air, or soil; management of waste disposal; noise and vibrations, ionising and non-ionising radiation, emission of genetically modified organisms and other activities;

2) biodiversity is a diversity in existence of various life forms within a specie,

amongst species and ecosystems, and covers the full genetic diversity, species and ecosystem diversity at both regional and global level;

3) biological resources are genetic resources, organisms and their parts of population,

and other biotic components of the ecosystem with a real or prospective purpose or benefit to man;

4) biotechnology is a technological exploitation of biological systems of living

organisms and derivatives thereof aiming at the products and processes for specific purposes, significant to the exploitation of genetic resources and environmental protection;

5) water stands for all surface and underground water, thermal and mineral water,

including drinking water; 6) Degradation of environment is a consequence of a harmful impact and effect of

activities which cause depreciation of natural assets and environment; 7) Genetically modified organisms are biological units capable of reproduction or

transfer of genetic material where the alterations of genetic material is caused through an unnatural merger or natural recombination;

8) Emission limit value is the highest permissible concentration of polluting

substances or a level of emitted energy at the source of pollution; 9) Immission limit value is the highest permissible concentration of the polluting

substance or level of the emitted energy in t he environment ; 10) Ecosystem is a dynamic system, integrated though both space and time, of flora

and fauna and biotope, which thorough interaction between its components transforms energy and provides circulation of the matter and thus sustaining of life on Earth.


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11) Emission is the release of polluting substances or energy from a particular source into the environment;

12) The environment comprises primordial nature and nature that has been

transformed by a man and consists of biosphere, pedosphere, lithosphere, hydrosphere, atmosphere and technosphere;

13) Environmental pollution is a harmful impact or effect of polluting substances to

the environment, caused by human activity or natural processes, which cause damage to the environment;

14) A Polluter is an enterprise, other legal or natural person which by its activity

releases polluting substances into the environment; 15) Polluting substances are the substances whose release into the environment

disrupts its natural composition, characteristics and integrity; 16) The interested public is the public which has interest in monitoring the conditions

and issuance of decisions of potential influence to the quality of environment; 17) Environmental protection is a sum of conditions, measures and activities which

prevent pollution of environment, preserves and maintains natural equilibrium , rationally exploit and promote natural values and values created by work;

18) Protection from accident is an assessment of potential danger to an accident,

measures and activities to be taken in case of an accident and rehabilitation of environment;

19) Soil is agricultural and forest land; 20) Sources of emission are plants and activities that release polluting substances or

energy into the environment; 21) Immission is the concentration of polluting substances and the level of energy in

environment reflecting the quality of environment within a certain time-frame. 22) A comprehensive registry of polluters is a registry of all environmental polluters

containing information on their location, production process, characteristics and between input and output of raw material, semi- finished products and products, filtering installations, waste routes and polluting substances and the location used for its evacuation and disposal;

23) The information on environment is any information in written, visual, audio,

electronic or any other form on the environmental condition or other environmental factors;

24) The public is one or more physical or legal entities, i.e. their association,

organisations or groups;


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25) A natural public good is an area, undeveloped part of the landscape, underground resources, water and air which is equally accessible to all;

26) Environmental capacity is environmental extent or extent of any of its part to be

exposed to a specific amount of polluting substances in unit of time and to degrade it evading permanent damage on the environment;

27) The natural resources registry is a registry of informational breakdown on natural

resources, their quantity, quality and economic value which includes cartographic representation and statistical information creating a base for exploitation of natural resources, planning and control aimed at protection of the same;

28) Mineral raw materials are the all types of coal and oil shale, hydrocarbon in liquid

and gaseous state (oil and gas) and other natural gases, radioactive mineral raw materials, metallic mineral raw materials and their exploitable compounds , technogenic mineral raw materials, non-metallic mineral raw material and raw material used for producing building material, all types of salts and mineral waters;

29) A mobile installation is a mobile plant where the activities, which may have

negative impact on the environment, are carried out ; 30) Environment monitoring is the continuous observation and supervision of the state

of the environment through the systematic measurement of specific parameters of environmental elements;

31) The best available technologies are the most effective and advances mechanisms

in development of particular activities, which may be applied in prevention or reduction of emission and control of danger from transmission of polluting substances from one environmental element to another, which require no excessive costs;

32) The environmental strain is an individual or sum effect of an activity to

environment, which may be a total strain(several similar components), integral strain ( several heterogeneous components), permissible strain(within the permissible limit values), excessive strain (exceeding the prescribed limit values);

33) Waste is any object or substance as a result of production process or exploitation

of natural goods as excessive and redundant disposed of and intended for disposal in accordance with the law and appropriate regulations;

34) An installation is a plant, namely one or more technical and technological units

used for carrying out activities which might have negative effects to the environment;

35) Natural values are natural resources and natural goods;


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36) Natural resources are renewable and no-renewable natural elements which are directly or indirectly economically exploitable, which may be used and still have real and potential economic value;

37) Natural goods are public natural goods and natural goods of special value2; 38) Natural factors are: physical and chemical processes, climate, hydrological and

biological conditions and other factors causing alterations in environment; 39) Natural treasure is a preserved part of animate and inanimate nature of special

value in biodiversity, unique and representative biogeographical, hydrological, geological and other significant parts, due to which the latter has a permanent, ecological, scientific, cultural, educational, health and recreation, tourist and other significance whereby as a public good the latter enjoy special protection;

40) Assessment of environmental impact is an evaluation of all possible impacts by

all planned activity to the environment; 41) The values created by the human effort are all goods created by man; 42) Remedying is cleaning and rehabilitation of a polluted area to the level of safe

exploitation in future activities; 43) Environmental risk is the possibility that an activity will directly or indirectly

harm the environment or human life or health; 44) Rehabilitation is a sum of measures and actions for prevention of further

spreading of pollution, including measures to return the space to its original planned purpose;

45) Secondary raw materials are already processed materials which may be

reprocessed in other production processes; 46) Status of endangered environment is a base for a special regime in respect of

specific areas and ecosystems or other parts a space covering the environmental rehabilitation programme;

47) An accident is a extraordinary and uncontrolled event or sequence of events

occurred due to uncontrolled release, spillage and spreading of dangerous substances during production, use, transportation, storing, sale, disposal or a long-term inadequate storing and disposal;

48) Flora and fauna are all plants and animals and their communities which are an

integral part of ecosystem; 49) Environmental elements are the soil, water, air, flora and fauna which comprise

lithosphere, pedosphere, hydroshpere, atmosphere and biosphere; 2 Translator’s note: Natural goods of special value hereinafter will be referred to as natural treasures.


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50) Environmental damage is the result of an activity which exceeds the permissible

strain and regenerative capacity of the environment and means irreversible degradation of environments;

51) Forests are soil covered with forest trees.

Article 8 (Principles of the Environmental Protection System)

Basic principles of the system of environmental protection are: 1) Integrity

The unity of the system of environmental protection shall be guaranteed by the state and local self-government authorities though establishment and implementation of policy, through planning and programs, through management of natural values, through a system of permits, technical and other standards and norms, financing policy, incentive and other measures of environmental protection.

The state and local self-government authorities shall co-ordinate programs, plans and basis necessary for establishment of the system of environmental protection.

2) Prevention

Every activity shall be planned and implemented in a way which will cause the minimum possible change in the environment; present the minimum environmental risk; minimise the consumption of space, raw materials, and energy during construction, production, distribution, and utilisation to the utmost extent possible; include consideration of the principles of recycling and regeneration; and forestall or limit environmental impact from the start. The principle of prevention shall be: assessment of environmental impact and utilisation of the best available technologies and equipment.

3) Preservation of natural values

Natural values shall be used under the conditions and in a manner securing a preservation of biodiversity, natural treasures, landscapes, wild plants and animals and unique ecosystem.

4) Reprocessing and Recycling

Substances and items that may be used again, recycled or may be biologically degraded shall have priority in utilisation.

5) Substitution of chemicals The utilisation of chemicals which may be degraded into non-harmful substances shall have priority;


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6) Principle of liability of polluter and legal successor thereof A legal entity and natural persons shall be held criminally liable in accordance with the law if through an illegal or improper activity enable or allow environmental pollution.

Any polluter or his/her legal successor shall to eliminate the source of pollution and the effects of its direct or indirect pollution of the environment. Ownership changes of companies and other legal entities or other forms of property transfer shall include an assessment of and determination of liability in respect of the environmental pollution. Any transfer of ownership shall also include settlement of liability claims for pollution and damage caused.

7) ‘Polluter’s liability’ Principle

Any polluter shall cover the costs for environmental pollution caused. Any polluter shall, in accordance with the regulations, bear the total costs resulting from environmental strain comprising of: regular costs for environmental protection, compensation costs in respect of the depreciation and danger to the environment and the costs of cleaning up the environmental damage;

8) ‘User’s liability’ Principle

Any person exploits or uses the natural values shall cover the costs of compensation for exploitation of the latter and shall re-cultivate a degraded space as prescribed by the law.

9) Principle of Mandatory Insurance

Any polluter whose installation or activity represents a high-degree danger to human health or environment shall have third person liability insurance.

10) Principle of Subsidiary Liability The government authorities shall be liable for eliminating the consequences of environmental pollution and reduce the damage only in the case of when a polluter is unknown, namely when the damage is caused from a source outside the Republic.

11) Principle of Incentives

Government authorities, i.e. local self-government authorities shall undertake the measures necessary for preservation of environmental potential, especially by reduction of exploitation of raw materials and energy and prevention and reduction of environmental pollution though implementation of certain economic measures, selection of the best available technologies, installations and equipment, which do not require excessive costs, and by selection of products and services.

12) Principle of Developing Awareness on the Significance of Environmental Protection Scientific institutions, educational institutions, health, information, culture and other institutions, including the associations of citizens, within the framework of


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their activities shall promote, direct and secure the development of awareness on the significance of the environmental protection.

13) Principle of Freedom of Information and Participation of Public Anyone shall have the right to be informed on the environmental condition and to participate in the process of decision making whose enforcement may have a negative impact on the environment. Any information on the environmental condition shall be public. The government authorities and local self -government bodies shall objectively and in a timely manner inform the public on the environmental condition and pollution which may present a hazard to health of persons and environment.

14) Principle of Protection of Rights

Citizens as individuals or groups of citizens, their associations, professional or other organisations for environmental protection shall exercise the right to a healthy environment before an appropriate authority.

II MANAGEMENT OF THE NATURAL VALUES

1. Planned Use and Protection of Natural Values

Article 9 (Natural Values)

Natural values, as natural public good, shall be used in accordance with the economic and development policy, under conditions and in a manner which would not endanger their essential components and natural function, regardless of whether they are owned by the Republic, local self-government or a legal entity or a natural person. Management of natural values shall include the sustainable exploitation and protection of: 1) Natural resources (air, water, soil, forests, mineral raw material etc.) 2) Natural goods;

- natural public goods (spaces, landscapes, public surfaces, water, underground resources etc.)

- natural treasures (biodiversity and natural heritage; geological diversity and heritage; space and landscapes treasures, wild flora and fauna etc.)

Article 10 (National strategy)

A sustainable exploitation and protection of natural resources and goods shall be guaranteed by the Spatial Plan of the Republic of Serbia and the National Strategy for Sustainable Exploitation of Natural Resources and Goods (hereinafter: the Strategy).


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The National Assembly shall adopt the strategy specified in para. 1 of this Article, for a period of minimum 10 years. The Strategy shall be implemented through realisation of national action plans for every single resource or good, passed by the Government for a five years period. The basis for National Action Plan is an consolidated research and development document (ecological-spatial base) on the potentials of natural resources, namely goods, on the basis of professionally determined or assessed balances and other categories.

Article 11 (Local self-government programs)

The local self-government shall adopt its programs for use and protection of natural values, i.e. local action plans, in accordance with the Strategy and its interests and specificity. Two or more units of the local self-government shall develop joint action plans if the same has the regional significance.

2. Prevention, Control and Protection of Natural Resources

Article 12 (Balance, Inventory and Evaluation)

The prevention and control of the exploitation of natural resources shall be provided by the Ministry in accordance with this and other special laws by: 1) establishing balance for categories and forecasting of dynamic reserves; 2) inventory, assessment of the condition and managing registry for natural resources

and goods; 3) establishing the system of evaluation and conditions for sustainable exploitation of

natural resources and goods; 4) issuance of norms, standards and regulations on the exploitation of natural

resources and goods; 5) organised monitoring of exploitation of natural resources and goods, state of the

environmental elements and consolidate data base; 6) issuance of permits for the use of natural resources and goods; 7) granting consent to environmental impact assessment on all levels of research and

exploitation and 8) in other manner prescribed by the law. Professional activities specified in para. 1 of the Article shall be conducted by professional organisations certified therefor by this and other special laws.

Article 13 (Protection of Natural Resources and Goods)


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The protection of natural resources and goods shall be implemented in accordance with the conditions for protection of the environment and space, categories of the balance of reserves, degree of restorability and categories of quality of resources and goods, pursuant to the plans and programs established by this and other special laws. A special law shall regulate all categories of natural treasures, criteria for classification thereof, assessment of the value thereof and preservation of biodiversity, assessment of the values and protection of the spaces and landscapes of special value, type, assessment of strain and protection of the wild flora and fauna.

Article 14 (Protection of Biodiversity)

Protection of biodiversity, exploitation of biological resources, genetically modified organisms and biotechnology shall be provided for on the basis of this and the special law. Endangered and protected types of wild flora and fauna, their development forms and parts (seed, fruits, eggs etc.) shall be protected and restrictively used in a manner which enables their survival, restoration and enrichment.

Article 15 (Expropriation and Restriction of the Right to Real Property)

The general conditions for the exploitation of natural resources and treasures, shall guarantee a special regime of protection prescribed by the law. The Act on Proclamation of a Natural Treasure, namely spatial or urban plan, may also establish a general interest for expropriation, namely expropriation and restriction of the right to real property, if necessary for implementation of protective measures and development of the natural treasures. In case of sale of a real property situated on the territory of a natural treasure, the Republic and local self-government shall have the right of preemption.

3. Conditions for Area Planning

Article 16 (Area Planning)

The planning an area, being a natural public good, shall be based on combination of principles, criteria, instruments and measures for protection of a natural value and environment on national, regional and local level.

Article 17 (Principles and Criteria for Area Planning)

The basic principles and criteria for establishment of the protection of natural values and environment, preparing, adopting and enforcement of decision on area planning


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and organisation of settlements and construction on buildings are: 1) sustainable exploitation and development of natural resources and goods in accordance with ecological and spatial capacity and limit capacity; 2) comprehensive planning; 3) co-ordinated valorisation and assessment 4) standards and norms for quality of environment and area; 5) comprehensive information system for environment and area; 6) using economy instruments in planning and protection; 7) co-ordinated system of permits and consent for exploitation and area planning; 8) efficiency and strengthe ning of comparative advantage; 9) equity and solidarity; 10) subsidiary measures; 11) presence of public and democratic values in proceedings, issuing and

implementing decisions on the use of area and protection of environment; 12) mandatory co-ordinating of lower with higher level planning documents ; Principles and criteria specified in para.1 of this Article shall be guaranteed though mutual co-ordination between initiatives and decisions in a manner specified in Article 4 of this Law.

4. Licence for Exploitation and Use of Natural Resources and Goods

Article 18 ( Exploitation and Use of Natural Resources and Goods Contract)

Natural resources and goods shall be granted by an agreement concluded between a user and the Government, Autonomous Region, local self-government, namely other owner, on the basis of the license for use and exploitation followed by an assessment of environmental impact, including other conditions prescribed by special law. The Agreement on the use and exploitation (Translator’s note: hereinafter the Agreement) shall include but not limit to: conditions and the manner of use and exploitation of natural resources or goods, rights and obligations of a user, concession grant, liability of the contracting parties and damage compensation, including the manner of settlement of disputes. Any beneficiary of the natural resources and goods shall plan and ensure a rational exploitation and use, reproduction of sustainable natural values and undertake necessary measures of protection and development of the environment.

Article 19

(Licence for Exploitation and Use of Natural Resources and Goods) A beneficiary of a natural resource shall be granted a licence for exploitation and use of a natural resource or goods (hereinafter: the Licence). The Ministry shall issue the Licence on the basis of the consent and opinion given by certified professional organisations.


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Preliminary conditions, namely consent and the Licence shall be granted in accordance with the Area Plan of the Republic of Serbia, the Strategy and the Action Plan in respect of any resource or good. The Minister for Natural Values and Environmental Protection (hereinafter: the Minister) shall prescribe the content of technical and technological, design and other documentation enclosed with an application for consent and the Licence. The Licence shall establish certain conditions, extent and dynamics of use and exploitation of natural resources or goods in accordance with the balances established, regulations, norms and standards specified in Article 12 of this Law. The Licence shall be issued to a limited period depending on the kind and availability of the resources or goods. The right acquired though the Licence may not be transferred to any other user.

Article 20 (Licence for Collecting or Use and Sale)

A licence for collecting, or use and sale of the types specified in Article 14, para. 2 of this Law, apart from game and fish, shall be issued by the Ministry. Any collection or use and sale of certain wild flora and fauna, seeds, fruits, eggs and their lower forms of life, except game and fish shall be regulated by an Act on Control of Exploitation and Use of the Natural Values which shall be issued by the Minister.

Article 21 (Applying for Licence)

An application for Licence shall be submitted by an investor or interested user. The application specified in para.1 of this Article shall include: 1) name and address of the applicant; 2) information on the facility and location with cartographic representation; 3) proof of balance estimation, namely assessment and verification of reserve,

including the pre-requisitions for rational exploitation of resources and goods; 4) assessment of the environmental impact in respect of a specific activity; 5) technical-technological, project and other documentation, including a plan for

exploitation and use of resources or goods; 6) report on the technical inspection of an object; 7) plan for implementation of the protection measures re-cultivation and remedying

in respect of a space and measures for restoring a resource or a good;


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Article 22 (Revision of Issued Licences)

The revision of a licence shall be performed in case of any modification of the established extent of use and exploitation of natural resources and goods and in other cases prescribed by special law.

Article 23 (Expiration of the Right to Exploitation and Use and Revoking of Licence)

The right acquired by the Licence shall be terminated in the following cases: 1) with the date of expiry specified on the licence; 2) if a user waives his/her rights pursuant to the Licence. The Licence shall be revoked if the rights acquired by the Licence are: 1) not exercised for a period of over two years without a proper justification; 2) not exercised in accordance with the established manner and conditions for

exploitation and use; 3) are transferred to another use; The Minister shall issue a decision on the expiry of the rights for exploitation and revocation of the Licence specified in paras. 1 and 2 of this Article.

Article 24 (Registry of the Issued Licences)

The Ministry shall keep the registry on the issued licences. The registry shall be to the public inspection. The Minister shall prescribed the content and the manner of keeping the register.

5. Conditions for Granting Concession for Use and Exploitation of Natural Resources and Goods.

Article 25

(Granting Concession) A concession to natural resources and goods, owned by the Republic or local self-government, shall be granted to a legal entity or a natural person if the conditions for a sustainable exploitation and use of natural values and environmental protection established by this and special law are met. The special conditions pursuant to this Law are: 1) Licence to exploitation of natural resources or good including an assessment of

the environmental impact in respect of a concrete activity;


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2) An study on the potentials, conditions of exploitation of a natural resource or good, conditions and possibilities of restorability in accordance with Article 12, para. 1, points 1), 2) and 3) of this Law.

A concession to natural values may be in the form of right to conduct research or adminster, namely use and exploitation, depending on the type of natural value and established regime of exploitation. An appropriate authority shall, whilst granting concession, take into consideration the requirements of the local population, demographic threat to that region and previous or current concession rights.

Article 26 (Act on Concession)

An Act on Concession to Natural Values shall, apart from the conditions prescribed by special Law on Concessions, comprise but not limit to: 1) the form and scope of a concession, including specific nature of a concession; 2) conditions and the regime of protection of natural values and environment and

use, management, exploitation of natural values; 3) activities which may be undertaken by a concessionaire depending on the subject

of the concession; 4) possible public authorisation of a concessionaire ; 5) concessionaire’s obligations in respect of rehabilitation, re-cultivation or

establishment of the previous environmental condition; 6) licences and conditions necessary for concluding a concession agreement and

enforcement.

Article 27 (Ecological Basis for a Strategic Project)

A special document containing the ecological basis for a strategic project in the field of use and exploitation of natural resources and goods, both on the national and regional level, shall, in accordance with special law, be issued in granting concessions for use and exploitation of a natural resources and goods which are of strategic impor tance to the national economy and development and whose use and exploitation may be hazardous to the quality of environmental on a regional level.


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III ENVIRONMENTAL PROTECTION

1. Plans and Programs

Article 28 (National Program)

Planning and managing the environmental protection shall be guaranteed by the Areal Plan of the Republic of Serbia and shall be carried out through the implementation of the National Program for Environmental Protection (hereinafter: Program) passed by the National Assembly for the period of minimum 10 years. The Program specified in para. 1 of this Article shall contain the following: basic elements and conditions for preservation and protection of environment, enforcement of protection in general, through segments and area units, conditions for implementation of the most favourable technical, technological, economic and other solutions for the optimal development and management of the environmental protection, short -term and long-term measures for prevention and restriction of pollution, manner, dynamics and the means for the realisation.

Article 29 ( Action and Rehabilitation Plan)

The Program specified in Article 28 of this Law shall be implemented though realisation of action and rehabilitation plans passed by the Government and designated for a period of five years. Action plans are: 1) Integral protection and development of environment; 2) Development of area planning; 3) Protection of water; 4) Protection of soil; 5) Protection of air and atmosphere; 6) Protection of forests; 7) Protection of vulnerable ecosystems; 8) Protection of biodiversities and natural treasures; 9) Waste and chemical management; 10) Protection from ionising and non-ionising radiation; 11) Protection from noise and vibrations and other. The rehabilitation plans shall be iss ued when the degradation of the environment exceeds the effects of measures taken, namely when the environmental pollution causes damage and jeopardises environmental capacity on a wider area. The plans specified in paras. 2 and 3 of this Article shall comprise the following: analyses of the condition, measures, implementing agency, manner, dynamics and means for realisation of plans.


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Article 30 (Local Self-government Programs)

Local self-government shall pass its environmental protection program, namely local action and rehabilitation plans, in accordance with the Program specified in Article 28 of this Law, pursuant to its interest and specificity. Two or more neighbouring units of the local self-government may adopt a joint environmental protection program, if it is in their interest.

2. Norms

Article 31 (Uniform Norms)

The Republic shall establish uniform norms, namely the emission and immission limit values of polluting substances and energy into the environmental elements, including the emission from the mobile sources of pollution. Uniform norms specified in para. 1 of this Article shall be established by special regulations issued by the Minister. Exceptionally, local self-government may prescribe stricter limit values, warnings and appropria te measures then those established by the regulations specified in para. 2 of this Article.

3. Special Measures

Article 32 (The Status of Endangered Environment)

The Minister shall declare the state of environmental strain and the regime of rehabilitation for an area of special importance for the Republic, or a region and local self-government for an area of local importance. The Minister shall determine the criteria for declaring the state of endangered environment and establish the priorities for rehabilitation and remedying.

Article 33 (Waste Management)

The government authorities, local self-government authorities and owners of the waste shall undertake the necessary measures for environmental protection and apply the special rules of conduct in waste management, from its production to the final disposal, in accordance with this and special law and other regulations which establish the following: classification, prevention of occurence, reduction of the amount of waste at its source, recycling, treatment of waste by categories; waste disposal and other activities, operations and plants in waste management.


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Article 34 (Approval for Mobile Plants and Research)

The Minister shall approve the work of mobile installations and in the case of random, limited testing of other plant. An application for approval shall include technical documentation, and consent for the location from an appropriate the local self-government unit authority for the work of mobile plant. The Minister shall issue a list of mobile plant and determine the special terms for particular plant.

4. Restrictions and Prohibitions

4.1. Restrictions

Article 35 (Restriction of Exploitation and Use of Natural Values)

The Ministry, in co-operation with the Ministry of Agriculture, Forestry, Water Economy and Mining, shall set the restrictions in respect of the extent of exploitation of natural values by a user in a certain area. The restrictions of exploitation, specified in para. 1 of this Article, shall refer to the preservation and protection of the reserves of rare metallic and non-metallic raw minerals that are of strategic importance. The time period granted for the specified extent of exploitation of natural values and the restriction per year, shall be determined in accordance with the Strategy specified in Article 28 of this Law, namely the Program specified in Article 28 of this Law.

Article 36 (Substitution for Natural Resources)

The Government shall issue a plan of restricted exploitation which would provide the conditions for a gradual substitution of natural resources and materials (natural gravel and sand, decorative stones, drinking water, quality natural wood, clay and other) with suitable secondary raw materials from the recycling process or with other natural raw materials and materials of the same or better technical , physical and chemical, organoleptic and other characteristics and features (stone granules, concrete, reinforcing bars, rubber granules, technical water, technical wood, composite materials etc.), in accordance with the special law, in order to protect the insufficient natural resources and geo-spatial3 areas essential for the environment. 3 Translator’s note: In Serbian geoprostorne celine.


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Article 37 (Restriction for the purpose of implementation of norms)

The Government may, for a certain time period, restrict the exploitation of natural values, namely the work of installations in a specific area, for the purpose of a gradual implementation of norms of emission and immission specified in Article 31 of this Law. The time period set for restriction by the Government, specified in para. 1 of this Article, shall be determined in accordance with the prescribed limit values and the Program specified in Article 28 of this Law.

4.2. Prohibitions

Article 38 (Protection of Wild Flora and Fauna)

Any wanton disturbance, ill-treatment, injuring and killing of any wild animal shall be prohibited. Any unjustified uprooting or in any other way devastation of a wild plant shall be prohibited. Any unjustified destruction or devastation of wild flora and fauna habitat shall be prohibited. If due to construction some trees are destroyed, they will be replace with new seedlings under the conditions and in the manner prescribed by the local self-government, namely the authority in issuing of building permits. A special law shall establish which animal species are forbidden for hunting, determine the conditions for hunting, conditions and other measures for preservation and use of game and fish and their habitats.

Article 39 (Animals and Plants of Foreign Origin)

An animal and pla nt may be imported and bred and grown in a manner and under conditions set by the Minister in co-operation with the Minister for Agriculture, Forestry, Hunting and Fishery. An animal and plant or foreign origin that may endanger domestic autochthonous animals and plants and their propagation may not be imported to freely breed and grow.


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Article 40 (Activities, Emission and Waste)

The following activities shall be prohibited on the territory of the Republic: 1) import of the hazardous waste, processing, storing and deposing of the hazardous

waste of foreign origin; 2) any activity in a natural treasure that endangers natural balance, biodiversity,

hydrographic, geomorphologic, geologic, cultural and landscape values; 3) building or reconstruction and utilisation of facilities and plants without fulfilling

the conditions for emission and immission; if operating without the proper equipment which reduces or prevents emission of polluting substances, namely in case of failing to undertake other measures or procedure to securing the prescribed conditions for environmental protection;

4) building or reconstruction and the utilisation of facilities and plant which by its activity may present the source of environmental pollution;

5) production, sale and use of transport vehicles which do not meet the conditions for emission in mobile sources of pollution;

6) release of polluting substances into the environmental elements in the manner and amount, namely concentration, exceeding the proscribed levels;

7) release and disposal of hazardous substances and waste into the environment, and especially soil, namely burying the same into the soil, outside the area allocated for such purpose and specially developed landfill sites and facilities therefor.

Article 41

(Technologies, Products, Semi-finished Products and Raw Materials) Any national or imported technology that fails to meet the prescribed norms for environmental protection, namely product quality norms, or technology or product banned in the exporting country may not be used on the territory of the Republic. The Ministry may, if having reservations in respect of a technology or a product, specified in para.1 of this Article, order assessment the same as harmful environmental impact even in case the latter was supplied on the basis of the required documentation. The Ministry shall choose a professional organisation or a group of experts to evaluate the technology or a product specified in para.2 of this Article. The installation used for removing or purifying of polluting substances, which are not covered by the Yugoslav standards, may be used if efficiency thereof for the same purposes has been approved by an appropriate professional organisation.


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Article 42 (Temporary Ban of Activities)

The production and sale of certa in products and performing of certain activities, may be banned, for any period of time and on any part of the territory of the Republic or local self-government, if they endanger the environment or health of persons.

Article 43 (Prohibition of the Use of Environmental Label)

Any other use then the one prescribed for an ecological label is contrary to the provisions of this Law.

5. Mandatory and Incentive Measures

5.1. Mandatory Measures

Article 44 (Public Warning)

The Minister shall inform the public and shall pass an act introducing special measures in event of exceeding permissible levels and pollution of greater extent. The local self-government authority shall pass the act introducing special measures in cases specified in para. 1 of this Article, if pollution is limited to the local self-government territory and has no effect over a wider area.

Article 45 (Manufacturer’s Warning)

A manufacturer or retailer may not sell or market raw materials, semi-finished products or finished products without a visible label thereon giving notice of actual or potential pollution that may result from the product or its packaging. The label shall include instructions for use or handling of the product or its packaging in production, use and storage, pursuant to standards in force and regulations for handling.

Article 46 (Environmental Protection Officer)

An enterprise, other legal entity and entrepreneur engaging in business activity subject to mandatory preparation of an environmental impact assessment, is required to appoint an officer responsible for environmental protection.


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The environmental protection officer shall be a full-time employee of the enterprise, other legal entity and entrepreneur specified in para. 1 of this Article. The official spe cified in paragraph 1 of this Article shall: 1) Monitor implementation of environmental protection regulations and enforcing of

statutory measures on environmental protection; 2) Recommend measures for prevention or elimination of consequences of

environmental pollution resulting from the activity of the enterprise; 3) Provide information in accordance with Article 8, para. 1, point 12) of this Law,

maintain and update information on environmental impact; 4) Deliver data to Republic and local appropriate authorities for environmental

protection, within the prescribed time limits; 5) Perform other tasks from purview relating to environmental protection.

Article 47 (Keeping of Records and Data)

Every enterprise, other legal entity and entrepreneur shall keep records on raw materials and energy consumption, emission of polluting substances, nature, characteristics and quantities of waste, and other data as stipulated by law. The Minister shall establish the methodology, scope, content and manner of keeping records and preserving data specified in para. 1 of this Article, as well as the manner and time limits for submitting data to the Ministry and other authorities.

5.2 Incentives

Article 48 (Environmental label)

Products intended for general consumption that, in comparison to similar products, cause substantially less environmental strain during production, distribution, consumption and final depositing shall have an environmental label. A product from para. 1 of this Article may have an environmental label if it belongs to a group of similar products satisfying, but not limited to, the following conditions: 1) if it is present to a considerable extent on the market; 2) if it has a significant impact on the environment during a single or multiple phases

of the product’s life cycle; 3) if due to great potential impact relative to improving of the environment, such

product is consumers’ first choice and an incentive for the manufacturers. A product may have a distinctive environmental label if the following is used in its production:


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1) raw materials originating from a geographical area recognised for

particular climate, geomorphologic and other values; 2) specific technological procedures that assure product quality while having

no detrimental effect on the environment. The types and appearances of the environmental labels, and the conditions and procedures for granting and bearing of the environmental label shall be prescribed by the Minister.

Article 49 (Award of the Environmental Label)

The Minister shall pass the Act on Award of the Environmental Label. The Environmental label shall be awarded for a period of three years. The application for granting of the Environmental Label shall be filed by the interested party with the Ministry. The applicant shall defray the costs of issuance of the environmental label.

Article 50 (Commendations and Awards)

The Minister may award commendations and awards to enterprises, other legal entities and natural persons, non-governmental organisations, professional and other associations, for their particular contribution in environmental protection.

6. Environmental Impact Assessment

6.1. Activities requiring mandatory impact assessment

Article 51 (Impact Assessment)

Environmental impact assessment is mandatory for certain activities that are planned for implementation in space and could cause an environmental strain or present an environmental risk (hereinafter: impact assessment). Impact assessment identifies, describes and forecasts direct and indirect impacts on the environment, both severally and specifically: 1) air, water, soil, climate and space; 2) natural and work-created values, and the conditions for their use 3) populace; 4) interactive/correlative impacts of factors from 1) to 3); 5) economic and social effects.


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Impact assessment is prepared as a preliminary assessment, that is, a detailed assessment containing an analysis and estimate of the quality of environmental factors, their susceptibility within a defined area and aggregate correlative impacts of existing and planned activities, as well as measures and stipulations for prevention of environmental risk and impact. The investor shall bear the cost of such study.

Article 52

(Types of Activities) The Minister shall prescribe types of facilities and activities requiring mandatory impact assessment or for which an impact assessment may be stipulated, content, method of preparation, location selection criteria, selection of alternative solutions relative to technology and materials, method of estimation and verification of impact assessment and other issues relevant for its compilation. The Ministry, i.e., the local self -government authority for environmental protection may, within its powers determined by this Law and the Building Code, request preparing of an impact assessment in accordance with the provision specified in para. 1 of this Article.

Article 53 (Preliminary Impact Assessment)

A preliminary impact assessment shall be prepared during the regional area planning procedure, area planning of special-purpose areas, area planning of infrastructure network or regional networks or special facilities, sector planning (water economy, forestry, agricultural plans, etc) as well as for urban planning (town or city general plan, regional general plan, infrastructure network or district network plans or special-purpose facilities planning, master plan) and zoning plans, i.e., defining the purpose of an area, and shall comprise an integral part of the planning documentation. Notwithstanding the provisions of para.1, Article 52 of this Law, the local self-government authority for environmental protection may exceptionally in the case of preparation, passing or modifications of plans, that is, designs (adding floors to buildings, changing of purpose of part of the space, provisional licensing until planned use, approve that prior assessment shall not be required for a particular plan. In cases specified in para. 2 of this Article, the local self-government authority shall evaluate environmental status and other factors from Article 52, para. 2, of this Law on a particular area, assess potential impact of planning solutions and their compatibility with environmental norms pursuant to this Law, and shall define conditions and measures of environmental protection.


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Conditions and measures of environmental protection from para. 3 of this Article are an integral part of city planning documentation.

Article 54 (Detailed Impact Assessment)

A detailed impact assessment shall be prepared during the procedure of area development for its planned purpose and obtaining a building permit, and shall represent an integral part of the technical documentation.

Article 55 (Impact Assessment Approval)

The Ministry shall approve impact assessment within 90 days from the date of filing of request, except in case of preliminary assessment prepared for town planning and projects. The local self-government authority for environmental protection shall approve impact assessment prepared for town planning purposes or projects within 90 days from the date of f iling of the request. Exceptionally, the authorities from paras. 1 and 2 of this article may, prior to granting approval, obtain opinions from appropriate professional organisations or an expert body. The impact assessment approval shall state that the documentation has been prepared in accordance with the conditions governing environmental protection. The validity of the approval on detailed impact assessment shall cease if construction of the building does not commence within two years after issuance of the approval.

Article 56 (Post-construction Impact Analysis)

Buildings for which mandatory impact assessment is prescribed and that have no building or utilisation permit, shall have a post -construction impact analysis prepared based on the as -built state on the effect of the building on the environment (hereinafter: post-construction impact analysis) comprising elements of a detailed impact assessment.


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The Ministry, that is, local self-government authority, shall request preparation of a post-construction impact analysis for buildings specified in para. 1 of this Article when stipulated that an impact analysis may be requested. Post-construction analysis may be prepared by enterprises, other legal entities and entrepreneurs certified to prepare impact analysis. The Ministry shall approve the post-construction impact analysis. The investor shall bear the costs of a post-construction impact analysis.

Article 57 (Implemented Measures Act)

The Ministry shall approve implemented environmental protection measures for buildings for which mandatory impact assessment is prescribed or for which a post-construction impact analysis is to be prepared, that do not require issuance of an ecological permit specified in Article 66 of this Law, prior to issuing of utilisation permit, that is, prior to commencement of activity.

6.2. Activities Outside the Mandatory Impact Assessment

Article 58 (Preparation of Space for Planned Purpose)

In the procedure for preparation of an area for its planned purpose and obtaining planning, i.e., building permits, in cases when impact assessment is not prescribed or requested, the investor shall obtain approval from the local self-government authority for environmental protection. Exceptionally, the local self-government authority may, prior to approval, obtain opinion from certified professional organisations or an expert team. The approval specified in para. 1 of this Article shall include conditions and measures for protection stipulated by this Law and shall comprise an integra l part of the technical documentation.

Article 59 (Implemented Measures Act)

The local self-government authority for environmental protection shall confirm, on basis of the report on technical inspection of the building and prior to issuance of utilisation permit for the building for which an impact assessment is not prescribed or requested, that the executed works implemented environmental protection measures determined in the act specified in Article 58 of this Law, and that conditions for commencement of activity have been satisfied. The act specified in para. 1 of this Article may also determine special conditions and limitations in regard to emission of polluting substances and energy waste handling and other measures in accordance with law.


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Article 60 (Commencement of Activity)

The local self-government authority may, in addition to requirements stipulated by law, determine more specific environmental protection conditions for commencement of activity in buildings not requiring issuance of a building permit (existing buildings, conversion of space, erection of kiosks and other prefabricated or temporary structures, etc) or for which approval is granted on locations temporarily allocated prior to use of the space for its planned purpose, and which may impact on the environment. The regulation specified in para. 1 of this Article shall also determine the types of activities, that is, buildings, manner and procedure of issuance and revision of consent for commencement of activity.

6.3. Certification for Impact Assessment Preparation

Article 61 (Licensing Conditions)

An enterprise, other legal entity or natural person may prepare an impact assessment, if:

1) it is entered in the court register for performing activities in the fields of planning, design, engineering or making of studies and analysis;

2) if it has at least two employees with relevant university degree; 3) is certified to prepare an impact assessment for a particular production

plant or activity or has demonstrated results in the field of envir onmental protection.

The certification to conduct impact assessment shall be granted by the Minister upon proposal of an expert committee established by him.

Article 62 (Licence to make an Impact Assessment)

The work on preparing impact assessment shall require a license, and an act on fulfilment of conditions specified in Article 61 of this Law, passed by the Minister. The license shall be issued within 30 days from the date of filing of the request and shall be valid for five years. The Act granting the right to perform activities related to preparing of impact assessments shall be published in the “Official gazette of the Republic of Serbia”.


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Article 63 (Revocation of License)

The Minister shall pass the act on revoking of license if an enterprise, other legal entity or natural person ceases to meet the conditions required for conducting activities on impact assessment during the period of validity of the license. There may be no appeal against the act on revoking of license, however an administrative dispute may be initiated.

6.4. The Public

Article 64 (Participation of the Public)

Participation of the public in preliminary impact assessment shall be ensured through presentation of layouts of spatial plans and city planning for public examination and shall last for minimum 30 days. Participation of the public in comprehensive impact assessment, and prior to issuing of consent, shall be administered by the Ministry within the scope of public presentation of the overall project and public debate, with mandatory attendance of the project’s proposer and representative of the local self-government. A public announcement shall contain: invitation to interested parties to participate in the public debate, venue and time of project presentation and public debate; excerpt from the environmental impact assessment with a conclusive statement and method of public participation. A public announcement shall be published in the media and in conventional local manner. Public presentation shall last from 15 to 30 days from the date of public announcement. The Minister, or relevant local self-government authorities and project proposer are required to review the proposals and opinions arising from the public debate. The Minister, or relevant local self-government authorities, shall publish the decision on consent of the impact assessment in public media within 8 days from the date of passing of such decision. The decision shall contain a clarification of proposals and opinions resulting from the public presentation and debate. The party filing the request for consent shall defray the costs of public presentation and debate specified in para.2 of this Article.


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Article 65 (Exclusion of Public)

The Minister, in co-operation with the defence minister may exc lude the public in the interest of national defence and state security.

7. Integral Prevention and Pollution Control

Article 66 (Ecological Permit)

Building use, that is, commencement of plant operation or activity shall require an ecological permit issued by the Ministry for a period of five years. An ecological permit shall be issued during the technical inspection procedure of the building or facility, or after a test run, but prior to issuing the utilisation permit. The Minister shall appoint the person participating in the technical inspection of the building. The Minister shall specify the activities requiring an ecological permit and its contents.

Article 67 (Application for Issuing of Ecological Permit)

The investor shall file an application for an ecological permit. The application for issuing of an ecological permit shall contain:

1) Investor’s name and address ; 2) Address of the location; 3) Consent on impact assessment or post-construction impact analysis; 4) Technical inspection report; 5) Results of measurement of pollution of environmental elements and of

other parameters during test run. 6) Consent on hazard assessment for particular buildings or activities

pursuant to this Law; 7) Proof of insurance against third-party liability, environmental liability; 8) Waste management plan; 9) Permission to use natural resources and goods if so requested; 10) Proof of fulfilling the special requirements and measures from the impact

assessment. The plan from para. 2, point 8 of this Article shall include, but will not be limited to:


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1) data on waste produced by an enterprise (origin, quantities, composition etc);

2) measures to be undertaken to reduce waste production, especially where toxic waste is concerned;

3) waste handling procedures, specially hazardous waste away from other types of waste and from waste to be recycled;

4) manner of waste disposal.

Article 68 (Contents of Ecological Permit)

An ecological permit shall state that the environmental protection measures from the impact assessment or post-construction impact analy sis have bee implemented. An ecological permit shall contain, but will not be limited to:

1) permissible emission levels of polluting substances and noise level for the specific plant, conditions for protection of air, soil and water, as well as waste manage ment measures;

2) conditions for reducing direct and widespread pollution and overall environmental protection;

3) required monitoring of emission and submitting of data to the appropriate authority or organisation for comparison with permissible levels in the permit;

4) contingency measures in case of accident, and 5) other measures and conditions.

Permissible values specified in para. 2, point 1 of this Article may, in particular cases, be supplemented or replaced with equivalent parameters or technical standards.

Article 69

(Revoking of Ecological Permit) An environmental permit may be revoked if an investor fails to meet some of the conditions set out in the permit, that is, if within a set time limit fails to proceed in accordance with the inspector’s directives or does not undertake the measures instructed.

Article 70 (Renewing of Ecological Permit)

The investor is required to file a request for extension of validity of an environmental permit two months prior to its expiry.

Article 71


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(Re-examination of Permit) The Ministry shall reconsider an already issued ecological permit, if:

1) the pollution produced by the facility is of such degree that permissible emission and noise levels set out in the permit have to be re -examined or that new levels have to be entered into the permit;

2) advances in the best available technologies enable significant reduction of emission without excessive costs;

3) safety reasons for performance of an activity dictate the use of other technologies.

The Ministry shall re -examine a permit if the person residing in the area where operation of a facility could cause environmental strain files a complaint. If the complainant is dissatisfied with the measures undertaken by the Ministry, he/she may institute administrative proceedings in accordance with law.

Article 72 (Registry of Issued Ecological Permits)

The Ministry shall maintain a registry of all issued ecological permits. The registry of environmental permits is a public document. The Minister shall prescribe the content and manner of keeping of the registry of issued permits.

8. Protection from Accident

Article 73 (Handling of Hazardous Substances)

Hazardous substances shall be handled in production, use, transport, distribution, storing and disposal, in a manner that will not endanger human life and health, will not pollute the environment, and that will provide and implement accident protection measures and other measures provided by law. Protection from accident shall comprise accident risk analysis, contingency measures in case of accident and manner of rehabilitation of the environment from consequences of an accident.

Article 74 (Accident Risk Analysis)

An accident risk analysis and risk management measures (hereinafter: accident risk analysis) shall be mandatory for all activities involving the presence of hazardous substances in quantities regulated by particular law.


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The Ministry shall approve the accident risk analysis. The Minister shall prescribe:

1) the methodology for compiling an accident hazard analysis, that is , an analysis on accident risk and environmental pollution hazard, accident contingency measures, contents of the safety status report and remedial measures for consequences of a large -scale accident;

2) the manner of record keeping on types and quantities of hazardous substances in production, use, sale, transport, storing and disposal and deadlines for submitting of data;

3) concentration level of hazardous substances in environmental elements under mandatory public notification;

4) manner and criteria for categorising hazardous substances; An accident risk analysis shall be made by an enterprise, other legal entity and natural person meeting the conditions from Article 61 of this Law. Categorisation of hazardous substances shall be made by a professional organisation that fulfils conditions set out in particular regulations.

Article 75 (Responsibility of an Enterprise, Other Legal Entity and Entrepreneur)

An enterprise, other legal entity or entrepreneur engaging in production, use, transport, distribution, sa le, processing, storing or disposal of hazardous substances is required to:

1) possess an accident risk analysis; 2) define preventive and other security measures against accident relative to:

location, construction-technical and other characteristics of the building where the hazardous substances are produced, used or stored, types and quantities of hazardous substances, technical-technological characteristics of hazardous substances, i.e., their physical and chemical properties; manner of storage; manner of loading and off-loading; types and number of fire extinguishers; assessment of risk to building and environment from hazardous substances present;

3) institute risk management measures within the enterprise, including formulating and up-dating protection plans for an endangered and wider area;

4) have a safety status report in accordance with the provisions of Article 74, para.3, point 1) which shall be public;

5) maintain records on types and quantities of hazardous substances in use, transport, sale, storing and disposing in accordance with the provisions of Article 74, para. 3, point 2);

6) have a license from an appropriate authority for transport of hazardous materials in accordance with law;

7) in the event of accident to immediately organise and enforce contingency measures and procedures and engage personnel and means in accordance


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with protection plan in place, and effect notification without delay in accordance with this Law.

An enterprise, other legal entity or entrepreneur shall at least every five years, as in the case of changes in activity or operation of a facility, revise the safety status report specified in para. 1, point 5 of this Article. An enterprise, other legal entity or entrepreneur engaging in transport of hazardous substances is required to obtain consent from the Ministry prior to filing a request for the license specified in para. 1, point 6 of this Article.

Article 76

(Delivery of Data) For its current or planned facilities and activities an enterprise, other legal entity or entrepreneur shall deliver to the Ministry or appropriate authority data on:

1) identification, quantity and physical state of hazardous substances, together with their categorisation;

2) type of activity, location and environment in direct vicinity of the facility; 3) safety status report.

Article 77 (Mandatory Reporting of Pollution and Co-operation)

An enterprise, other legal entity and entrepreneur specified in Article 75 of this Law shall inform without delay the Ministry of failure on the buildings, facilities and environmental protection equipment that results in their reduced efficiency by more than 15% and for a period exceeding 24 hours.

Article 78 (Mandatory Accident Reporting)

If risk of pollution occurs due to an accident or other extraordinary circumstances, or environmental pollution, i.e., environmental damage has occurred from hazardous and harmful substances, an enterprise, other legal entity and entrepreneur whose activity has caused the danger and/or pollution shall, without delay, so inform the Ministry in charge of environmental protection and the Ministry in charge of fire-protection, production and sale of explosives, flammables and gas. The report specified in para. 1 of this Article shall contain: circumstances of the accident, place, time, presence of hazardous substances and measures undertaken.


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Article 79 (Declaring of Status of Endangered Environment)

Contingent upon the extent of the accident within or outside the plant and assessment of potential consequences that would present a direct or de layed hazard to human health and the environment, status of endangered environment shall be declared and the public notified of measures undertaken. The Republic of Serbia Government shall declare the endangered status for large -scale accidents. The local self-government shall notify the citizens of the hazards resulting from an accident and on measures undertaken.

Article 80 (Rehabilitation Measures and Subsidiary Responsibility)

An enterprise, other legal entity and entrepreneur shall undertake rehabilitation measures pursuant to protection plans, at their cost, to prevent further spreading of pollution caused by an accident. The Republic, that is, another government authority, shall bear the cost of elimination of consequences of environmental pollution and for damage control only in cases when it is impossible to determine liability for the damage, or when the damage ensued due to environmental pollution from sources outside of the Republic. In the case specified in para. 2 of this Article, when the polluter has been subsequently determined the government authority that defrayed the costs of damage control and elimination of consequences of environmental pollution, shall demand reimbursement of costs.

Article 81 (Damage Compensation)

In the event of damage resulting from an accident endangering, that is, polluting the environment, the polluter shall be held liable on the principle of objective responsibility. Whoever sustains damage specified in para. 1 of this Article shall be entitled to compensation of damage. A claim for compensation may be submitted directly or to the insurer, that is, to the financial surety of the polluter where the accident occurred, if such insurer, that is, surety exists.


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If several parties are liable for damage caused to the environment, and the share of individual polluters may not be determined, they shall bear the costs jointly. The limitation period for a damage compensation claim shall be three years from the time the injured party became aware of the damage and of the perpetrator. Such claim shall in any event be subject to limitations period of 20 years from the time the damage occurred. The court proceedings for damage compensation shall be expedient.

IV. MONITORING AND INFORMATION SYSTEM OF NATURAL VALUES AND THE ENVIRONMENT

1. Monitoring

Article 82

(Providing of Monitoring) The Republic and local self-government, within their purview determined by law, shall provide continuous monitoring of status and characteristics of natural values: resources, public goods, natural treasures as well as monitoring the state of the environment (hereinafter: monitoring). Monitoring shall be an integral part of the comprehensive environmental information system and a basis that will provide elements for management of natural potential and area . Monitoring is based on relevant systems for assembling basic data and indicators and embraces monitoring of natural factors, that is, changes in the state and characteristics of the environment, as in: air, water, soil, forests, biodiversity, flora and fauna, climate elements, ozone layer, ionising and non-ionising radiation, waste, as well as early warning of accidents with monitoring and estimate of pollution increase in environmental elements. The Government or the local self -government authority shall pass the annual monitoring program. The Minister shall prescribe the criteria determining the number and disposition of measuring points, the cope and frequency of measuring, classification of monitored phenomena, work methodology etc.

Article 83 (Monitoring of Polluters)

An enterprise, other legal entity and entrepreneur whose activity requires mandatory drafting of environmental impact assessment shall itself, or via a certified organisation:


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1) Monitor its emissions; 2) Participate in the costs of immission measurement in affected zone, as

required; 3) Provide necessary monitoring of the results of rehabilitation measures; 4) Monitor other effects of its activity on the state of environmental elements.

An enterprise, other legal entity and entrepreneur shall submit the data specified in para. 1 of this Article to a certified organisation within the prescribed time limits. The Ministry shall prescribe: type of emission and other phenomena subject to monitoring, methodology of measurement, sampling, manner of recording and time limits for submitting of data.

Article 84 (Certified Organisation)

Monitoring of environmental elements may be performed by a certified organisation, if meeting conditions in regard to: staff, equipment, office space, certification for measuring of a given parameter, and JUS-ISO standards in the field of sampling, measurement, analysis and data reliability. The Minister shall determine licensed organisations from para. 1 of this Article.

2. Information System and Providing of Information

Article 85 (Information System)

To ensure an efficient monitoring and recording of natural values and optimal management of the environment, the Ministry shall establish and maintain an Information System of Natural Values and Environmental Protection. The Information System specified in para. 1 of this Article shall provide structuring, updating, presentation and distribution of numerical, descriptive and spatial data bases on: types and availability of natural values, monitoring of the status and protection of the environment, legislative, administrative and organisational measures, scientific and technical information on planned measures and exchange of information with other information systems, etc. The Information System of natural values and environmental protection shall provide access to other information systems and harmonising of all relevant information at national and international level. A legal entity engaging in monitoring shall deliver to a licensed organisation data and information for establishing and operation of the information system, pursuant to prescribed time limits and methodologies.


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The Minister shall prescribe the methodology, structure, common grounds, categories and levels of data collecting contained in the information system for environmental protection.

Article 86 (Comprehensive Registry of Polluters)

A Comprehensive Registry of Polluters shall be maintained in accordance with this Law to monitor qualitative and quantitative changes in the environment and to institute environmental protection measures. The polluter shall, at his expense, deliver the prescribed data to the appropriate professional organisation assigned to maintain the comprehensive registry of environmental polluters. The Minister shall prescribe the methodology for preparing the comprehensive register of polluters, together with type, methods and time limits for providing of data.

3. Environmental Status Report

Article 87 (Environmental Status Report)

The Republic of Serbia Government shall every two years submit a report to the National Assembly of the Republic of Serbia on status of the environment in the Republic of Serbia. The report specified in para. 1 of this Article shall be published and open for public examination. The local self-government authority shall once every two years submit a report to the local self-government assembly on the status of the environment in its territory, and shall be open for public examination.

Article 88 (Contents of the Environmental Status Report)

The report specified in Article 87 of this Law shall contain, but will not be limited, to:

1) State and changes in the environment; 2) Enforcement of Strategy, Program and action plans; 3) Sustainable use and exploitation of natural values; 4) Rehabilitation plans and other undertaken measures;


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5) Damage to the environment; 6) Exploration of the environment and introduction of new technologies and

products; 7) Financing of the system of environmental protection; 8) Essential and priority requirements and measures in the field of

environmental protection; 9) Other data relevant for management of natural values and environmental

protection’

Article 89 (Informing the Interested Public)

An appropriate authority shall submit information relating to the system of environmental protection to the interested party within 15 days from date of filing of the request. If the information specified in para. 1 of this Article is extensive or its preparation would require a longer period of time, the time limit for submitting shall be 60 days from the date of filing of request. The Minister shall prescribe the amount of compensation for costs of submitting information relating to the system of environmental protection to the interested party, dependent on the scope and nature of the information.

Article 90 (Refusing of Request for Information)

The request for information relating to environmental protection system may be refused if the information relates to:

1) Confidentiality of the work of government authorities; 2) National defence and security; 3) Work of the judiciary bodies; 4) Confidentiality of operation of a facility is such confidentiality is

stipulated by law; 5) Detriment of the interest of third parties in possession of the information

who are not under obligation to make such information available and do not consent to its publication.


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V. ENVIRONMENTAL PROTECTION AGENCY

Article 91 (Establishing of the Agency)

An Agency for Environmental Protection is hereby established to ensure protection of natural values and the environment on the territory of the Republic of Serbia (hereinafter: the Agency).

Article 92 (Legal Status)

The Agency shall operate in accordance with statutes on public services. The Agency shall have the attributes of a legal entity with ensuing rights, obligations and responsibilities determined by this Law and Statute. The Agency shall have a transfer account.4

Article 93 (Co-operation)

The Agency shall co-operate with local and foreign legal entities and natural persons.

Article 94 (Seat of the Agency)

The seat of the Agency shall be in Belgrade.

Article 95 (Branch Offices)

The Agency shall have branch offices in the towns where the seat of the local authority is located and may have regional offices.

Article 96 (Business of the Agency)

The Agency shall perform the following:

1) Prepare the expert background for drafting of the Spatial Plan of the Republic of Serbia, Strategy, Program, development and other plans and

4 In original Serbia text žiro racun.


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programs, technical and other regulations for introducing standards for the environmental management system (ISO 14000) and for determination of ecological and spatial conditions for environmental protection, i.e., for natural values;

2) Prepare the methodology for collecting data on environmental status and on the status and change s in the quantities and quality of natural resources, as well as prioritising rehabilitation and remedying; monitor the state and changes of quantity and quality of natural resources and the quality status of the environment.

3) Initiates, co-ordinates or monitors project implementation in the fields of: research in protection of environmental elements and natural values, management of waste, chemicals and hazardous substances, protection from noise and vibration, ionising and non-ionising radiation and therma l pollution;

4) Maintain a comprehensive information system for protection of environmental and natural values, that is, its link-up and harmonisation with other information systems at national and international level, maintain a comprehensive register of polluters, monitor environmental elements;

5) Administers early warning, monitors development and assessment of consequences of an accident to environmental elements; organises and enforces emergency rehabilitation measures during and immediately after the accident;

6) Recommends professional organisations for particular tasks in various fields of the environmental protection system.

7) Monitors and recommends rehabilitation and remedying technologies, introduction of best available technologies that protect the environment and natural resources and do not require excessive outlay; gives professional assistance to interested parties for selection of waste management technologies, during the procedure of making and appraisal of waste minimisation program;

8) Prepares documentation required for issuing of licenses, granting of concessions, verification of environmental impact assessment and awarding of environmental label.

9) Drafts reports and memos and proposes appropriate measures for protection of the environment and natural resources, ensures public availability of information;

10) Offers professional assistance to users of natural values and to polluters; organises specialised training for staff and professional exams in enterprises, government authorities and other legal entities engaged in activities of interest to environmental protection;

11) Fosters education, development of ecological culture and public awareness;

12) Performs other duties stipulated by law and statute.


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Article 97 (Statute and Other General Acts)

The general acts of the Agency are the Statute, Rules and other acts that regulate particular issues in a general manner. The Statute is the main general act of the Agency. The Agency Statute shall more specifically regulate: activity of the Agency, bodies and the ir purview, representation, rights and obligations and responsibilities of employees, internal organisation, procedure for interaction with local authorities and other issues relevant for operation of the Agency.

Article 98 (Manner of Conducting Business)

The Agency shall conduct certain activities within its purview through licensed professional organisations and public companies and their associated departments, in accordance with this Law and other regulations.

Article 99 (Retaining of Other Institutions)

The Agency may, on basis of contract, retain other institutions at home and abroad for particular type of activities that are not conducted through licensed professional organisations.

Article 100 (Financing)

The funds for establishing and operation of the Agency shall be provided from:

1) The Republic of Serbia Budget; 2) Revenues from activities within its purview; 3) Donations, contributions and sponsorship by local and foreign legal

entities and natural persons; and 4) Other sources, in accordance with law.

Article 101 (Bodies of the Agency)

The bodies of the Agency are the management board, supervisory board and director. Members of the management and supervisory boards shall be appointed and dismissed by the Republic of Serbia Government.


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The management and supervisory board members shall be appointed for a period of four years.

Article 102

(Management Board) The management board of the Agency shall have seven (7) members, three of whom shall be Agency employees. The representatives of the employees shall be nominated in the manner set out in the statute. The management board shall:

1) Pass the statute of the Agency; 2) Pass the program of work; 3) Adopt the annual business report and annual balance sheet; 4) Decide on appropriation of funds in accordance wit h law; 5) Pass general acts; 6) Pass rules of procedure; 7) Perform other activities as determined by law and the statute.

Decisions specified in points 1), 2) and 3) require approval of the Government.

Article 103 (Director)

The director of the Agency shall be appointed and dismissed by the Republic of Serbia Government. The director of the Agency shall be appointed for a period of four years, at the proposal of the Minister. The director of the Agency shall represent the Agency, organise and manage the operation of the Agency, propose acts to be passed by the management board, execute decision of the management board and institute measures for their enforcement, upholds the legality of work and is responsible for operation of the Agency in accordance with law, and use and sale of Agency property, shall pass the act on internal organisation and job plan, performs other tasks stipulated by law and statute.

Article 104 (Supervisory Board)

The supervisory board of the Agency shall have five (5) members, two of whom shall be Agency employees. The representatives of the employees shall be nominated in the manner set out in the statute. The supervisory board of the Agency shall supervise the work of the Agency, inspect the annual balance sheet and business reports, and shall determine whether they have been prepared in accordance with regulations, shall pass the rules of procedure, and shall perform other activities in accordance with law and statute.


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Article 105 (Council of the Agency)

The Agency Council is an advisory body appointed by the management board at the proposal of the director, and shall comprise eminent scientists and experts.

VI ECONOMIC INSTRUMENTS

1. Financing

Article 106 (Financial Sources)

Funds for environmental protection and natural goods shall be provided from the following sources: 1) budget revenues collected from sales tax on pesticides, detergents, plastic packing

materials and cigarettes in the amount of 5%; sales tax on biodegradable products of general purpose in the amount of 3%; sales tax on coal, oil and oil derivatives, and motor vehicles in the amount of 1%; sales tax on use and possession of motor vehicles, boats, vessels, yachts and aircraft in the amount of 3%;

2) tax on the use of natural goods; 3) funds collected from sale of capital in the privatisation process; 4) tax on the environmental pollution; 5) tax on investments; 6) funds collected from fines prescribed by this Law and separate regulations; 7) local and foreign donations, loans and credits and 8) other sources. Funds specified in para. 1, point 3), of this Article, shall be used for financing a special Program for the Development of Economy and Environmental Protection, adopted by the local authority, i.e. local self-government, as following: 1) 5% of revenue from sold capital shall be invested in infrastructure of local

authority, at the location of the entity that is being privatised; 2) 5% of revenue from sold capital shall be invested in infrastructure of local self-

government, at the location of the entity that is being privatised. Local self-government may, within its purview, prescribe special sources for financing of environmental protection and development of environment.

Article 107 (Compensation for Exploitation and Use of Natural Goods)

A user of natural goods shall pay compensation for their exploitation and use, determined by this Law and other regulations.


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The level, criteria and the manner of payment of compensation specified in para. 1 of this Article, shall be determined by the Government. The funds specified in para. 1 of this Article, shall be the revenue of the Republic Budget, payable into a special account.

Article 108 (Tax on Pollution)

A polluter shall pay a tax for the following forms of environmental pollution, strain and other influence on environment and natural goods, prescribed by this Law and other regulations: 1) emissions and release of polluting substances and other forms of pollution; 2) production and disposal of waste, and 3) other activities affecting the environment and natural goods. The level, criteria and the manner of payment of the tax specified in para. 1 of this Article, shall be determined by the Government. Local self-government may institute special tax for pollution, depending on local specificity.

Article 109 (Tax on Investment)

An investor sha ll pay a tax on investment, i.e. investment works, determined by this Law and other regulations, as following: 1) 5% of the value of the investment in free customs zones; 2) 3% of the value of the investment in the area of a national park and other national

treasure, unless the investment is related to the protection of national goods and is not contrary to the prescribed regulations for protection;

3) 1% of the value of the investment, for which the assessment of the environmental impact, post-construction impact analysis and accident hazard analysis, are mandatory or requested;

The tax specified in para. 1, point 3) of this Article shall not be applied to the construction of waste landfill, instalment of systems for filtration of wastewater, purification of waste gases, etc. Cost estimate of the investment and determined overstepping shall be used for calculation of the compensation for the tax on investment. The payment of the tax specified in para. 1 of this Article, shall be the prerequisite for verification of the environmental impact assessment, post-construction impact analysis and hazard analysis.


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Article 110 (Use of Budget Funds)

The Budget funds specified in Article 106, para. 1, point 2) of this Law shall be used for the following: 1) financing of preparation of Strategy, Program and other plans of environmental

protection and the protection of national goods; 2) financing of preparation of rehabilitation plans, according to the determined

priorities; 3) financing of the information system of natural goods and environmental

protection; 4) monitoring of the quality of environment; 5) financing of the Program for Protection and Development of Treasures; 6) financing of public services engaged in the system of environmental protection; 7) co-financing of research, development, pilot demonstration projects related to the

system for environmental protection; 8) co-financing of equipping certified organisations that shall be delegated

professional tasks in environmental protection, for the needs of the Republic; 9) co-financing of preventive and intervention measures in environmental pollution

emergencies; 10) co-financing of training of personnel in professional, scientific, economic and

administrative organisations for environmental protection, of interest to the Republic;

11) co-financing of the activities for prevention and rehabilitation of environment, organised by non-governmental ecological organisations;

12) co-financing of publications, magazines, seminars, informative and promotional activities in the field of environmental protection;

13) co-financing of incentive measures pursuant to this Law.

Article 111 (Constitution of the Fund)

The Fund for Environmental Protection (hereinafter: Fund), shall be constituted as an institution with the purpose of providing funds for the protection of environment and natural goods. The Fund shall be a public legal entity. Seat of the Fund shall be in Belgrade.

Article 112

(Fund Revenues) The Fund revenues shall be provided by the sources specified in Article 106, para. 1, points 1), 4), 5), 6), 7) an 8). The Fund revenues from sources determined in Article 106, para. 1), points 4) and 5), acquired in the territory of local self-government, shall be transferred to a respective


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account of local self-government up to 30% of the acquired revenues, and shall be used for realisation of local action and rehabilitation plans.

Article 113 (Use of the Fund Revenues)

The principles of objectivity, responsibility and internationally recognised standard of transparency in making decisions shall be applied in performing the work of the Fund, especially in planning and use of financial resources. The Fund revenues shall be used for: 1) Granting loans for investment in equipment and technology intended for the

protection of natural goods and environment, and encouraging the restructuring of economy in accordance with the requirements of environmental protection;

2) financing of the action and rehabilitation plans in accordance with the Strategy, Program and the priorities;

3) co-financing of the research, development, pilo t and demonstration projects related to the system of environmental protection;

4) co-financing of the preventive and intervention measures in emergency situations of environmental pollution and training for responding to accidents;

5) co-financing of the priority investment programs and projects from the Program; 6) other activities related to the protection of environment and natural goods, in

accordance with the Law. The Ministry shall supervise the use of financial resources of the Fund.

Article 114 (Program of the Fund)

The Fund shall: 1) develop the Medium-Term and Annual Programs for the use of financial

resources; 2) make a financial plan, periodical statement of the account and annual balance

sheet; 3) monitor realisation of the Jobs Program and administer rational use of financial

resources; 4) decide on other matters and perform other prescribed tasks from the Statute. The Government of the Republic of Serbia shall approve the Medium -Term Program and the Ministry shall approve the Annual Program.

Article 115 (Bodies of the Fund)

The bodies of the Fund shall be: the Administrative Board, Supervisory Board and the Director.


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Members of the Administrative and Supervisory Boards shall be appointed or dismissed by the Government of the Republic of Serbia. The Administrative Board shall have 7 (seven) members consisting of: 1(one) representative of the Government (Minister), 2 (two) representatives of local authority, 2 (two) representatives of the local self -government, 1 (one) representative of the Agency and 1 (one) representative of the Fund. The Supervisory Board shall have 5 (five) members consisting of: one representative of the Government, body of local authority, local self-government, the Agency and the Fund, respectively. The Director of the Fund shall be appointed or dismissed by the Government of the Republic of Serbia, at the proposal by the Minister. Members of the Administrative and Supervisory Boards, and the Director shall be appointed for a four-year period.

Article 116 (General Acts of the Fund)

The Fund shall have the Statute and other general acts, in accordance with the Law and the Statute. The Administrative Board of the Fund shall adopt the Statute of the Fund, approved by the Government of the Republic of Serbia. The Statute of the Fund shall regulate: organisation and manner of operation of the Fund, duties and mandate of the Administrative and Supervisory Boards and the Director, representing of the Fund, rights, obligations and duties of the Fund personnel, organisation of work and other important matters concerning the operation of the Fund.

Article 117 (Professional and other Tasks)

The Fund staff shall perform professional and other administrative and technical tasks. The Fund staff shall have the rights and obligations in accordance with the Law on Government Employees and the Collective Contract.

Article 118 (Funds of Local Self-Government Authorities)

The provisions contained in Articles 111 to 117 of this Law shall apply to the Funds of local self-government.


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2. Liabilities of the Party Responsible for Environmental Strain

Article 119 (Regular Costs)

To reduce and maintain environmental strain within the permissible limits, a polluter shall bear the following: 1) costs of his own measures (investment and operating costs, costs of prevention of

damaging effects, monitoring, participation and costs of informing the public, etc.);

2) costs of services provided by public enterprises; and 3) other costs prescribed by this Law and special regulations.

Article 120 (Compensation for Causing Danger or Risk to the Environment)

A polluter responsible for causing danger or risk to the environment shall pay the compensation for: 1) losses to the market value of real property; 2) losses in the quality of the living environment, and 3) losses to the value of real estate and lost profit. The Government shall prescribe the criteria for determining the level of compensation, specified in para. 1 of this Article.

Article 121 (Costs of Eliminating Effects of Environmental Damage)

A polluter responsible for the damage to the environment and area shall bear all costs of its elimination, specifically: 1) costs of urgent intervention at the time of the damage, necessary for limiting and prevention of effects damaging to the environment and health of the population; 2) direct and indirect costs of rehabilitation, establishing a new condition of the environment or restoration of the environment, and monitoring of the effects of rehabilitation and the effects of environmental damage; 3) costs of preventing the formation of the same or similar environmental damage; 4) costs of indemnification to persons directly affected by the environmental damage.

Article 122 (Insurance)

A polluter engaged in an activity threatening to cause a danger or risk to the environment shall be required to insure himself, against liability for damages to the Republic, local self-government, or third party.


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Article 123 (Taking over the Liabilities of a Polluter)

In case of ownership change of enterprises and other legal entities, or other forms of ownership change, the legal successor of the polluter shall be liable for environmental pollution, and shall indemnify the damage caused to the environment.

3. Incentives

Article 124 (Incentives)

Separate regulations shall prescribe the following incentives: 1) tax relief and exemption from payment of taxes and other contributions for the use

of technological processes, production and sale of products affecting the environment less than other similar technologies, production and products, use of renewable sources of energy, as well as for the equipment and installations used for protection and monitoring of the state of environment;

2) tax relief or exemption from payment of taxes and other contributions for the manufacturers replacing non-functional or unusable devices, plants or parts thereof, products or its packaging, deposits for products, and those who in any other organised fashion reduce the negative effects of their activity on the environment;

3) tax relief and other incentives for all legal entities engaged in collecting secondary raw-material or production from recycled materials, as well as those who remove secondary raw-material, thus contributing to the improvement of the quality of the environment;

4) tax relief and other incentives for all activities contributing to preservation of biological diversity as one of the developing resources, i.e. comparative values;

5) tax relief and other incentives for activities significantly contributing to the rational use, replacement or renewal of natural resources;

6) incentives to the private sector to invest in environmental protection.

VII SUPERVISION OVER THE IMPLEMENTATION OF THE LAW

Article 125 (Supervision)

The Ministry shall supervise the implementation of this Law and regulations adopted on basis thereof, unless otherwise prescribed by this Law. The Ministry shall, through administrative supervision, primarily control the legality of operation and acts of enterprises and organisations certified pursuant to this Law, to perform certain professional activities related to environmental protection. During the procedure of administrative supervision, the Ministry shall request the correction of determined deficiencies within the prescribed time period. If the conditions for performing certain activitie s of environmental protection are not


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determined, or are performed contrary to the law, the Ministry may revoke the operating license for performing such activities. The Ministry shall perform administrative supervision of the implementation of measures for environmental protection, exploitation and use of natural resources (air, water, land, forests) and goods (flora and fauna, biodiversity, geological diversity and natural heritage, area and region of special value, rare species), as well as the implementation of measures against the release of polluting and dangerous substances, waste, noise, vibration and radiation, through the Inspector for Environmental Protection (hereinafter: Inspector).

Article 126 (Supervision by the Inspector)

In the course of performing his duty, the Inspector shall control but shall not be limited to the following: 1) exploitation and use of natural resources and goods, in accordance with the

previously issued operating license, or the concession agreement; 2) protection and preservation of natural goods: biodiversity, geological diversity,

natural heritage, flora and fauna, rare species, areas and regions of special value; 3) implementation of standards and norms determined in accordance with regulations

based on this law (emission and immission of polluting substances into air, water, land, level of noise, vibration and radiation);

4) management of waste, chemicals and hazardous substances; 5) exploitation and use of certain technological processes, products, semi-products

and raw-materia ls relative to environmental protection; 6) statutory bans; 7) contingency measures in time of accident; 8) handling raw materials, semi-processed and finished products which may cause

the environmental strain; 9) organisation and keeping proper records on the consumption of energy, raw

materials, emission of polluting substances, types and quantities of waste, chemicals and hazardous substances;

10) use of environmental label; 11) obligations regarding the assessment of environmental strain through preparation

of post-construction impact analysis, obtaining consent during the procedure of issuing construction and ecological licence, i. e. the consent on implemented measures for environmental protection during the procedure of issuing the utilisation license;

12) implementation of measures and conditions for environmental protection prescribed by the ecological licence, i. e. approved technical documentation;

13) manner and work conditions, facilities and equipment of an enterprise, other legal entity and entrepreneurs regarding the protection measures and conditions against an accident, and security status report;

14) emission monitoring; 15) implementation of other measures for environmental protection, prescribed by

law.


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In the course of performing tasks specified in para. 1 of this Article, the Inspector shall: 1) prohibit exploitation, collecting and use of natural resources and goods without

licence and contrary to the licence, or concession agreement; 2) prohibit processing, storage and disposal of hazardous waste imported contrary to

the provisions of this Law; 3) prohibit any activity or act that damages flora and fauna, contrary to the

provisions of this Law; 4) instruct replacement of destroyed trees with new seedlings; 5) prohibit any activity or initiative performed on natural treasure, harmful to the

natural balance, biological diversity, hydrographic, geomorphologic, cultural and landscape value;

6) prohibit construction, reconstruction and use of facilities if not meeting the conditions on emission and immission, if without proper equipment and devices for reduction or prevention of emission of polluting substances, i. e. if other measures and procedures for providing the conditions prescribed for environmental protection are not undertaken;

7) prohibit emission and disposal of liquid, solid and gaseous polluting and hazardous substances into environmental elements, in concentrations and quantities above the permissible values or at the places other than those specified;

8) prohibit work, exploitation and use of technological processes, products, semi-processed products and raw materials that are not permitted by this Law;

9) prohibit sale of raw materials, semi-processed goods or finished products without visible labels on the degree of possible environment strain;

10) order the appointment environmental protec tion officer, when so required by this Law;

11) proper order keeping records and on the consumption of energy, raw materials, emission of polluting substances, types and quantities of waste;

12) prohibit the use of environmental label contrary to the provisions of this Law; 13) order the preparation of environmental strain assessment, post-construction impact

analysis, obtaining consent on prescribed measures for environmental protection during the procedure of issuing a building permit, obtaining ecological permit containing determined conditions, i. e. the consent on implemented measures for environmental protection during the procedure of issuing the license to use;

14) prohibit the use of facility and operation of plant harmful to environment and human health, without ecological licence, i.e. without the consent on implemented environmental protection measures;

15) prohibit operation of the plant, or any activity that is contrary to the conditions set in the ecological permit or prescribed measures for the protection of environment for which the consent was obtained;

16) prohibit handling of hazardous substances contrary to the provisions of this Law; 17) order undertaking of appropriate measures in case of failure of facilities, plants

and devices for environmental protection, including the temporary ban on operation of the whole plant until the failure has been rectified;

18) order appropriate preventive and other protection measures against the hazardous substances and preparation of hazard analysis;


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19) order undertaking of urgent measures and procedures in case of an accident, implementation of measures in accordance with the plan for the protection from accident, engagement of personnel and means, rehabilitation and prevention measures against spreading of pollution caused by accident;

20) order monitoring in the prescribed manner; 21) order execution of other statutory regulations within the prescribed period of time. In the course of performing tasks specified in para. 1 and 2 of this Article, the Inspector may temporarily confiscate the equipment or devices whose use is prohibited, and those used for prohibited activities. During the supervision on application of measures for environmental protection, the Inspector shall have the authorities prescribed by other, special laws.

Article 127 (Violation of other Regulations)

If, during the inspection, the Inspector determines that in addition to this Law, other laws and regulations on matters significant for the protection of environment or its parts were violated, apart from the violation of this Law, he/she shall undertake the measures within the scope of his authority and inform the other appropriate authority. The other appropriate inspection authority shall inform the Inspector of the measures that were undertaken. If the Inspector ascertains that such violations of law concurrently fall under the regulations and competence of other inspection body, he/she shall immediately inform the Minister, in order to continue joint supervision and undertake the appropriate measures.

Article 128 (Supervision by the Local Self-Government Authorities)

Municipal authorities shall supervise the application of measures for environmental protection in those facilities for which the bodies of local authority, in charge of construction matters, issue the building permit.

Article 129 (Appeals)

The Ministry shall decide on an appeal filed against the last instance decision issued by the competent municipal body, i.e. town body, authorised to perform tasks within the scope of rights and obligations of the Republic. The appropriate town authority shall decide on an appeal filed against the last instance decision issued by the body from the territory of the town, authorised to perform tasks within the scope of rights and obligations of the Republic.


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The Government shall decide on an appeal against the last instance decision issued by the Ministry.

Article 130 (Official Identity Cards)

The Inspector shall have an Identity Card, official insignia and corresponding equipment. The Minister shall determine the for m of the Identity Card, design and content of insignia and type of equipment.

Article 131 (Temporary Confiscation of Items)

Based on the provision specified in Article 126 of this Law, temporarily confiscated items shall be sold through public auction, retail trade, and exceptionally through direct agreement. Funds collected through selling of confiscated objects, shall be the revenue of the Fund. 25% of the collected funds shall be used for equipment and modernisation of the Inspector’s work. The Minis ter shall decide on the manner of storing and sale of the confiscated items.

VIII PENALTY PROVISIONS

1. Commercial Offences

Article 132 A company or any other legal entity shall be punished by a fine ranging from 1,500 to 450,000 dinars, if it commits one of the following commercial offences: 1) exploits and uses natural resources and goods without the license and

environmental impact assessment (Article 18, para.10; 2) fails to plan and facilitate rational exploitation and use, reproduction of

sustainable natural values, and fails to provide measures for the protection and enhancement of the environment (Article 18, para. 3);

3) collects certain wild flora and fauna, seeds, fruits, eggs and other lower reproduction forms of life, for exploitation and sale without license (Article 20);

4) continues to use and exploit natural resources and goods after termination or revocation of the license (Article 23);

5) operates the mobile plant contrary to the provision specified in Article 34, para. 1, of this Law;

6) acts contrary to the restrictions specified in Article 35, para 1, of this Law; 7) imports, processes, stores and disposes hazardous waste of foreign origin (Article

40, para 1, point 1);


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8) performs any activity on a natural treasures, damaging to natural balance, biodiversity, hydrographic, geo-morphologic, geologic, cultural and landscape values (Article 40, para. 1, point 2);

9) fails to fulfil the requirements regarding the emission and immission when constructing, reconstructing or using a facility, and provide proper equipment and devices for reduction and elimination of the emission of polluting substances, i.e. fails to apply other measures and procedures for providing the conditions prescribed for environmental protection (Article 40, para 2, point 3);

10) manufactures, sells and uses means of transportation which do not meet the conditions regarding the emission for mobile sources of pollution (Article 40, para. 1, point 4);

11) emits polluting substances into the environment in a manner, quantity and concentration exceeding the permissible levels (Article 40, para 1, point 4);

12) emits and stores dangerous substances and waste into the environment, and especially if buries it in soil, waste landfill and facilities other than specified (Article 40, para 1, point 6);

13) uses local or foreign technological processes and sells products that do not meet the prescribed requirements for environmental protection, i.e. quality standards, technological processes and products that are prohibited in the exporting country (Article 41);

14) sells raw mate rials, semi-processed goods or finished products without a visible label thereon giving notice of actual or potential pollution that may result from the product or its packing material (Article 45, para. 1);

15) performs activities without having the environmental impact assessment and/or consent by the Ministry (Articles 51 and 55, para 4);

16) fails to obtain the approval on implemented environmental protection measures, during the technical inspection, i.e. prior to commencement of activity (Article 57);

17) fails to obtain the approval from the local self-government authority, in accordance with Article 58, para 1, and Article 59, of this Law;

18) drafts an impact assessment contrary to the prescribed conditions (Article 61) 19) continues the operation upon the revocation of the license specified in Article 63,

para 1, of this Law; 20) commences the use of building, plant operation or activity without the ecological

permit (Article 66, para 1); 21) continues the operation upon the revocation of the ecological permit (Article 69); 22) fails to meet the prescribed conditions specified in Paragraph 75, of this Law; 23) fails to implement rehabilitation measures, at his expense (Article 80); 24) fails to insure himself against the third party liability for the accident causing the

damages to the Republic, local self-government, or third persons (Article 122); 25) fails to assess and compensate for the damage caused to the environment by the

former owner (Article 123); A person in an enterprise or other legal entity, responsible for a commercial offence specified in para 1, of this Article, shall be punished by a fine ranging from 300 to 30,000 dinars. A foreign legal entity responsible for a commercial offence specified in para 1, of this Article, shall be punished by a fine ranging from 1,500 to 30,000 dinars.


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A person in the foreign legal entity with the headquarters or branch office in the FRY, responsible for the commercial offence specified in para. 1, of this Article, committed on the territory of the Republic, or by its transportation vehicle on the territory of the Republic, shall be punished by a fine ranging from 300 to 30,000 dinars.

Article 133

A responsible person of the administrative body, i.e. administrative organisation shall be punished by a fine ranging from 300 to 30,000 dinars, if it commits one of the following commercial offences: 1) concludes a contract on the use and exploitation of natural resources or goods

without the license for use and assessment of environmental impact (Article 18, para. 1);

2) issues a license without the consent and opinion given by certified professional organisations (Article 19, para. 2);

3) fails to keep registry on issued licenses on the exploitation and use of natural resources and goods and fails to make it open to public (Article 24);

4) permits the operation of mobile plants, contrary to Article 34 of this Law; 5) fails to inform the public and fails to issue an act on imposing special measures in

cases specified in Article 45 of this Law; 6) fails to confirm the implementation of environmental protection measures ,

prescribed by Article 58 of this Law (Article 59); 7) approves the environmental impact assessment, without applying the procedure

for participation of the public, in accordance with Article 64 of this Law; 8) issues the ecological permit without prescribed documentation enclosed to the

application for issuance thereof (Article 67, para. 2 and 3); 9) fails to keep the registry on issued ecological permits and fails to make it open to

public (Article 72); 10) fails to keep the information system of natural values and comprehensive registry

of polluters (Articles 85 and 86); 11) provides the information contrary to Articles 89 and 90 of this Law; 12) fails to issue an early warning, monitor the development and assessment of

consequences of an accident in the environmental elements; fails to organise and implement the rehabilitation measures during and immediately after the accident (Article 96, para 1, point 5).

Article 134

If the commercial offence resulted in damage or acquisition of material gain, and if the value of goods or any other thing subject of the commercial offence is disproportional to prescribed punishment, the minimum punishment shall equal the damage, material gain or value of goods or other thing subject of the commercial offence, and the maximum punishment sha ll be twenty times higher.


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2. Misdemeanour Offences

Article 135 An enterprise or another legal entity shall be fined from 2,000 to 200,000 dinars, if commits one of the following misdemeanour offences: 1) collects certain wild flora and fauna, seeds, fruits, eggs and other lower

reproduction forms, for exploitation and sale without the license from the Ministry (Article 20);

2) wantonly disturbs, ill-treats, hurts and kills wild animals, i.e. destroys wild animal habitats without justified reason (Article 38, para. 1 and 3);

3) destroys, tears, or in any other way devastates wild flora, and destroys wild flora habitats without justified reason (Article 38, para. 2 and 3);

4) brings, breads and grows certain flora from other countries, in the manner contrary to the law (Article 39);

5) uses the environmental label contrary to the provisions of this Law (Article 43); 6) fails to hire a full-time employee in charge of the environmental protection

(Article 46, para 1 and 2); 7) fails to submit the information in a prescribed manner (Article 47); 8) drafts an impact assessment contrary to the prescribed conditions (Article 61); 9) fails to apply for the extension of ecological permit before its expiration (Article

70); 10) fails to meet the conditions specified in Article 75 of this Law; 11) fails to submit to the Ministry the data specified in Article 76 of this Law; 12) fails to inform without delay the relevant authorities of danger from pollution,

actual pollution and environmental damage created by dangerous and harmful substances due to extraordinary circumstances or other reasons (Article 77);

13) fails to inform the Ministry of failure on the facilities and devices for environmental protection (Article 78);

14) fails to monitor the polluter (Article 83); 15) performs monitoring contrary to the provisions specified in Article 84 of this Law; 16) fails to submit the information and data in the prescribed manner (Article 85, para

4); 17) fails to submit the information relevant for keeping a comprehensive registry of

polluters in the prescribed manner (Article 86, para. 3 and 4) 18) prevents the Inspector from performing the inspection, i.e. fails to obey the

executive and final decision of the body authorised for the inspection (Article 126).

A person in the enterprise or other legal entity, responsible for the offence specified in para. 1 of this Article shall be sentenced to a fine from 100 to 10,000 dinars. An entrepreneur and physical person, responsible for the offence specified in para. 1 of this Article shall be sentenced to a fine from 1000 to 100,000 dinars.

Article 136


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In addition to the fine prescribed for the commercial offence specified in Article 132, and the offence specified in Article 135 of this Law, a protection measure of confiscating material gain from the user of a natural resource or goods, or other legal entity, may be pronounced. In addition to the fine prescribed for the commercial offence specified in Article 132 of this Law, a protection measure of ban on performing the activity, and ban on performing duty for a ten-year period to the responsible person, may be pronounced. In addition to the fine prescribed for the commercial offence specified in Article 132 of this Law, a protection measure of confiscating the items that were used or intended to be used for committing commercial offence, and those created or gained by committing the criminal offence, may be pronounced.

IX TRANSITIONAL AND FINAL PROVISIONS

Article 137 The enterprises, other legal entities and natural persons shall harmonise their activities with the provisions of this Law, within one year of coming into force of this Law.

Article 138 The existing facilities causing environmental strain shall be reconstructed to meet the requirements and measures for environmental protection, prescribed by this Law. The Ministry shall determine the facilities and set deadlines for the reconstruction specified in para. 1, of this Article, within one year after coming into force of this Law. Exceptionally, if the modifications of the plant that took place in order to meet the requirements of the environmental protection prescribed by this Law, the Ministry shall request from an enterprise, other legal entity or entrepreneur to submit the plant improvement program with the applied measures, deadlines and technological processes. If the requirement specified in para. 1 and 3 of this Article have not been fulfilled within the prescribed deadline, the Ministry shall prohibit the work of facility or plant.

Article 139 The National Assembly of the Republic of Serbia shall, within one year of coming into force of this Law, adopt the following: 1) National Strategy of Sustainable Exploitation and Use of Natural Resources and

Goods (Article 10); 2) National Program for the Environmental Protection (Article 28).


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Article 140 The Government of the Republic of Serbia shall, within six months after the adoption of the Strategy and Program specified in Articles 10 and 28 of this Law, prepare the plans for their implementation. The Government shall, within six months of coming into force of this Law, determine the level, criteria and the manner of payment of compensations specified in Articles 107, 108, 118 and 120 of this Law.

Article 141 The Government shall appoint the Director, Administrative and Supervisory Boards of the Agency and Fund, within one month after coming into force of this Law. The Agency and Fund shall, within one month after the commencement of work, adopt the Statute.

Article 142 The Minister shall, within six months after coming into force of this Law, adopt the regulations specified in Article 19, para 4, Article 20, para. 1, Article 24, para. 3, Article 32, para. 2, Article 34, para 3, Article 39, para. 1, Article 47, para. 3, Article 48, para. 4, Article 52, para. 1, Article 61, para 3, Article 66, para 4, Article 72, para.3, Artic le 74, para 3, Article 82, para 5, Article 85, para. 5, Article 86, para 4, Article 89, para 3, Article 130, para. 2, and Article 131, para 3.

Article 143 Local self -government shall, within six months after the adoption of the Strategy and program, adopt its programs and plans specified in Articles 11 and 30 of this Law. Local self -government shall, within six months after coming into force of this Law, adopt the regulation specified in Article 60 of this Law.

Article 144 The provisions prescribing the management, protection, exploitation and use of water, agricultural land, mineral ores and geological research shall be adopted with the provisions of this Law, within six months after coming into force of this Law. Special laws and regulations for providing the system of environmental protection shall be adopted within six months after coming into force of this Law.


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Article 145 The provisions specified in Article 67, para 2, point 7) and article 122 of this Law, shall not be applied until the harmonisation of regulations on insurance of property and persons.

Article 146 The regulations adopted on the basis of the Law on Environmental Protection and other previously adopted regulations, shall remain in force, until the adoption of special laws and regulations based on this Law.

Article 147 The Law on Environmental Protection shall abrogate with the day this Law comes into force, (the “Official Gazette of the Republic of Serbia”, Nos.: 66/91, 83/92, 53/93, 67/93, 48/94 and 53/95), except the provisions specified in Articles: 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 85.

Article 148 This Law shall come into effect on the 8th day after its publication in the “Official gazette of the republic of Serbia”.

DRAFT LAW ON THE SYSTEM OF ENVIROMENTAL...

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