Moving from laws on paper to results in practice is the main challenge Montenegro faces when it comes to Chapter 27 - environmental protection and climate change.
In several areas, such as waste management, air quality, nature protection and climate change, implementation remains weak, and institutions lack the resources and capacity to fulfil their mandates. For Montenegro to meet its obligations in this regard on time, it will be crucial to establish a sustainable financing system and strengthen institutional and administrative capacity.
This was, among other things, stated by the Delegation of the European Union (EU), commenting on the status of Montenegro when it comes to accession negotiations for the closure of Chapter 27.
As they said, "an additional shortcoming is in the preparation of institutions to fully utilize EU structural funds, which will become available after accession."
According to the Delegation, Montenegro has taken important steps in the previous period to align with EU standards in this area, and this has been done, as they said, particularly through the adoption of key laws and the launch of several major projects.
However, they add, "the Government's own goal to close all chapters by the end of 2026 means that work in this area must be significantly accelerated":
"Progress will depend on stronger implementation of existing legislation, the adoption of long-overdue strategies and by-laws, as well as continued investment in administrative and institutional capacity. Ultimately, closing Chapter 27 is not just a technical requirement, but is about ensuring clean air, safe water and a healthy environment for all citizens," they say.
The civil sector also believes that the state is "in no hurry" to fulfill its obligations in the field of environmental protection and climate change and ensure their full implementation in practice.
Azra Vuković from the NGO Green Home also reminds that a large number of strategies, laws and bylaws in this area are still missing, although they have been in the works for several years:
“Especially when it comes to waste management, air quality, nature protection and climate change.”
Ksenija Medenica from the Center for the Protection and Study of Birds (CZIP) says that in the previous period, a certain number of EU directives have been transposed into national legislation, and in the area of civil protection, the process has been finalized and all obligations stipulated in the Action Plan have been fulfilled.
However, he adds, this is just the beginning:
"The most serious part of the work is yet to come. The real essence of the process is not just the adoption of laws and strategies, but their effective implementation," she said.
This, he adds, includes strengthening administrative and inspection capacities, creating sustainable financing systems, as well as ensuring functional coordination between state institutions, local governments and other stakeholders.
"Particular attention needs to be paid to the areas of waste management, air quality, nature protection and climate change, where obligations are significant, but fulfillment remains low," he says, adding that, although some formal steps have been taken, Montenegro faces "a long and demanding process of harmonization and implementation of EU standards, so that Chapter 27 can be temporarily and then permanently closed."
priority
Speaking about the priority steps that the state must take in the coming period, when it comes to Chapter 27, Medenica said that these must include intensifying the implementation of existing laws and action plans, adopting and implementing sector strategies and bylaws, strengthening inspection supervision and institutional capacities, as well as establishing a sustainable financial framework for environmental protection.
"This is partly helped by the recently signed agreement with the LIFE program, which will allow Montenegro to access larger funds in the field of nature protection and climate change. The priority must also be to make final decisions regarding open issues of protection and management of protected areas, of which the Ulcinj Salt Pan is the most recognizable example," he says.
Azra Vuković also points out that the state's priority must be the adoption of laws and strategic documents. First of all, as she said, these are the new Law on Nature Protection, amendments to the Law on National Parks, the Law on Protection from the Negative Impacts of Climate Change, and numerous by-laws, especially, she adds, those in the field of waste management.
"When it comes to strategic documents, we are entering another season of air pollution without an Air Quality Management Strategy, we do not have a Biodiversity Strategy, and so on. A significant problem is the delay in implementing the new Forest Law and the lack of a clear strategy in this area," she said.
He adds that some open issues must be closed, that Montenegro often resorts to "temporary solutions" when it comes to environmental protection, and that they last for decades.
"These solutions currently shift attention from a specific problem, but they generate others from which society fails to emerge even significantly later. It has been 10 years since the National Parks took over the temporary management of the Ulcinj Salt Pans in 2015, and this issue has not been resolved to this day," said Vuković.
The situation is similar, she adds, with temporary waste disposal sites in the north, many of which, she said, are still active, although they do not meet any criteria for waste disposal.
When it comes to industrial pollution, according to Azra Vuković, the remediation of the red mud pool within the Aluminum Plant is "certainly one of the priorities that must be addressed."
Challenges
Interlocutors of "Vijesti" also regarding the challenges in fulfilling the final benchmarks from Chapter 27, again point to the weak administrative capacities of institutions to prepare appropriate legal and strategic solutions, and to provide financial resources for their implementation.
For Azra Vuković, the biggest problem, however, is "the calculation and politicization of those areas in which the influence of politics should be minimal."
"Environmental protection is closely linked to the health of citizens. In this sense, solutions to environmental issues must be found at the level of the profession and the general interest, and not at the level of the interests of the parties that decision-makers represent. Every citizen of this country and every visitor to this country has the right to clean water, clean air and clean land devoid of pollutants," he says.
Ksenija Medenica believes that it will be challenging to achieve the set goals in the short term - again with limited administrative and financial capacities.
"In addition, it is necessary to ensure clear political will and readiness to make decisions that have been delayed for years."
Novac
Chapter 27 stands out as one of the most financially demanding, primarily due to the need to meet the final benchmarks and reach European standards in this sector. This process, the EU Delegation explains, involves not only infrastructure development, but also harmonisation with the so-called directives that require large investments, especially in areas such as municipal wastewater, drinking water, flood protection, municipal solid waste management and industrial emissions.
"According to the Financial Needs Assessment adopted by the Government in December 2021, the estimated cost for alignment with the EU acquis and meeting the chapter's closing benchmarks is EUR 482.996.838," they remind.
However, they add, recent expert discussions indicate that the actual financial needs are significantly higher, "which requires a new comprehensive assessment."
Over the past decade, Montenegro has received more than 250 million euros from the EU to support environmental initiatives.
"This significant financial support has reached its peak recently, reflecting the EU's strong support for Montenegro's alignment with Chapter 27 standards. In the coming period, the Multiannual Operational Programme for Environment and Climate Change for the period 2024-2027 and preparatory project activities should contribute an additional 46 million euros, while another eight million are foreseen through the Reform Agenda for the EU Growth Plan," they said.
State to show strength at wastewater treatment plants
Addressing infrastructure related to Chapter 27 is among the priorities that Montenegro must address, says Azra Vuković.
Along with waste management, these are, first and foremost, as she said, wastewater treatment systems.
"Although there are defined locations for some wastewater treatment plants, project documentation has been prepared or financial resources have been provided, the steps that accompany these processes have not been completed, and more or less all planned plants are in some phase of negotiations. This dynamic must be accelerated and the state must show strength when it comes to plants that will enable a better state of the environment," said Vuković.
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