Coalition 27 urges MPs not to vote for the proposed law

Coalition 27 warned that the proposed law, in addition to having serious systemic flaws and not being in line with the Constitution of Montenegro, is also not in line with the prescribed nature protection mechanisms
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Parliament of Montenegro, Photo: News Archive
Parliament of Montenegro, Photo: News Archive
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.
Ažurirano: 25.09.2017. 15:11h

Coalition 27, which gathers 20 non-governmental organizations (NGOs) in order to monitor the negotiations under the Environment and Climate Change chapter, called on the deputies not to vote for the Draft Law on Spatial Planning and Construction at tomorrow's parliamentary session. Coalition 27 warned that the proposed law, in addition to having serious systemic flaws and not being in line with the Constitution of Montenegro, is not in line with the prescribed nature protection mechanisms either. "Looking into the law, one gets the impression that its author almost did not consult the Law on Nature Protection, which grossly violated all those mechanisms that derive from this law, which were designed with the aim of protecting nature," said the secretary of Coalition 27. , Jelena Marojević Galić. As she stated, such solutions are particularly worrying, taking into account that the Ministry proposing such a law "contains sustainable development in its name, which a priori rests on the protection of nature". "And that the Directorate for the Environment was formed under its wing, which, judging by the proposed solutions, was not up to date with this proposal, because otherwise, we hope, such solutions would not have received the green light", added Marojević Galić. According to her, the Bill suffers almost chronically from not recognizing the ecological network Natura 2000, neglecting the institution of acceptability assessment as a mechanism for the protection of those areas at the level of the European Union (EU), with which she is extensively discussing the opening date of Chapter 27 - environment and climate change. "The acceptability evaluation institute is a mechanism that in theory, and especially in practice, can lead to a negative solution for conflicting construction projects, and it can be concluded that the proponent of this law consciously does not want to incorporate mechanisms that would hinder the economic valorization of natural resources," Marojević said. Galic. As she stated, bearing in mind the importance of the adequate establishment of an ecological network, and especially the definition of the boundaries of future Natura 2000 areas, the adequate protection of which is a condition for Montenegro's entry into the EU, the question arises as to how the proposed law can be treated spatially, and that it is absolutely and does not recognize. This, they believe in Coalition 27, is particularly interesting if you bear in mind the multi-million project "Establishment of the Natura 2000 network in Montenegro" which is in an advanced stage of implementation and is financed by the EU Delegation. "In this sense, there is an obvious question of the financial sustainability of the project, worth three million EUR, whose ultimate beneficiary is, ironically, only the Ministry of Sustainable Development and Tourism, that is, the proposer of the law that does not even recognize the institutes of the project on which it is based in the context of nature protection in Montenegro has been appointed for 18 months," said Marojević Galić. She warned that, in terms of protected natural assets, the new law does not recognize the categories very clearly defined by the Law on Nature Protection, which have been generally accepted in international practice for decades, but singles out only one category of nationally protected areas, namely national parks, and one of the internationally recognized UNESCO categories. "From this, it is still unclear what happens to other categories of national protected areas, such as strict nature reserve, special nature reserve, nature park, nature monument and areas of exceptional qualities," said Marojević Galić. In Coalition 27, they are particularly concerned about the future status of the Ulcinj Saltworks, which is currently recognized as a protected area by the spatial plan of the Municipality of Ulcinj, since the proposed Law on Spatial Planning and Construction cancels the valid spatial urban plans at the local level, and therefore the plan of that municipality. They reminded that the Ulcinj salt pan is just as important in terms of biodiversity as the national park, but due to the characteristics of the semi-artificial ecosystem, it cannot be classified as such, because the NP category envisages the protection of only natural areas and ecosystems. "Therefore, our concern rests on the assumption that the new law will not recognize such an important area, nor the internationally important habitat of the Tivat salt flats, which are a special floristic-faunistic reserve, as well as the Piva nature park, the Bjelasica-Komovi regional park or the future Orjen protected area," she said. is Marojević Galić. According to her, the fate of other naturally and culturally and historically very important areas such as Buljarica, Valdanos, Jaz and Boka Kotorska, "which until now have been the subject of inquiries from central addresses from the relevant ministry, and which have tried in various ways to valorize or privatize them, regardless of the opposition of local self-governments and local communities". In the Coalition 27, they believe that the procedure of building, i.e. adopting the Program of temporary facilities, and that only in national parks, is particularly worrying, because other categories are not recognized by the Law. "Especially because, according to the newly proposed solutions, there are no guidelines and conditions for nature protection, which according to the Law on Nature Protection must be issued before the start of the preparation of the Program for temporary facilities", added Marojević Galić. Also, as she said, in the context of the construction of temporary facilities, nowhere are the permits for actions and activities in protected areas, which are subject to the Law on Nature Protection, for example, projects that do not require an impact assessment, and which are realized in protected areas. The law, Marojević Galić reminded, stipulates that the Program is adopted by the Ministry, and according to the previously obtained opinion of the state administrative body responsible for environmental protection and the administrative body responsible for the protection of cultural assets. "Keeping in mind that in the future the mentioned plan may also treat the areas of the ecological network, for which it will be necessary to carry out the acceptability assessment procedure which is ignored by the law, as well as the network itself, the opinion of the administrative body, as a legally non-binding act, cannot be considered adequate decision in the procedure of adopting the program of temporary facilities", said Marojević Galić. According to her, it is precisely for this reason that there is a justified fear that the new law could, in theory, lead to a repetition of the Veriga case. In Coalition 27, according to the current state of the area and the degree of its devastation, they believe that the new legal regulation of that area is necessary and of great importance for the state and its sustainable and balanced development, "but for this very reason, it is necessary to think more deeply, in detail and more precisely about the solutions that are offered, and they must be in the best interest of citizens, professional approach and sustainability". "The proposed Law, or rather such a concept and the solutions that arise from it, are a precedent not only in neighboring countries but also beyond, and the situation in our region today cannot withstand experiments, it requires knowledge and good, sincere will to stop negative processes and turn in the opposite direction," the Coalition's statement concludes.

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