The "polluter pays" principle - the costs are borne by the person whose activities cause damage to the environment

The aim of European policy in Chapter 27 is sustainable development and environmental protection. The policy is based on the principles of preventive action, the "polluter pays" principle, prevention of pollution at source, shared responsibility and the integration of environmental protection into all other sectoral policies.

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Photo: eu.me
Photo: eu.me
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Chapter 27 – Environment and Climate Change refers to the area of ​​environmental protection, climate policy and sustainable development in the process of Montenegro's accession to the European Union. This chapter covers waste management, water and air quality, nature protection, industrial pollution, chemicals, noise and climate change.

The field of environment and climate change is crucial for protecting natural resources and improving the quality of life of citizens.

The aim of European policy in this chapter is sustainable development and environmental protection. The policy is based on the principles of preventive action, the "polluter pays" principle, prevention of pollution at source, shared responsibility and the integration of environmental protection into all other sectoral policies.

The "polluter pays" principle means that the costs of preventing, controlling and eliminating pollution are borne by the person whose activities cause environmental damage. The aim of this principle is to include environmental costs in the price of production and services, thereby encouraging economic operators to reduce pollution, apply cleaner technologies and use natural resources more responsibly. (Article 191 TFEU).

European policy in this area contributes to the protection of human health, the preservation of natural resources, the development of a sustainable economy and climate resilience, with the obligation of candidate countries to fully align their legislation and practices with European environmental standards.

Chapter 27 was opened on 10 December 2018 and since then Montenegro has been working on aligning its national legislation with the acquis communautaire.

Improving the quality of life thanks to European policy

Closing Chapter 27 brings citizens a long-term improvement in the quality of life through a cleaner environment, better health protection, a more modern waste management system, and the alignment of Montenegro with the highest EU standards in the field of nature protection and climate change.

It brings into force EU standards that reduce air, water and soil pollution through stricter control of industry, transport and waste. (Directive 2008/50/EC on ambient air quality; Directive 2000/60/EC – Water Framework Directive; Directive 2008/98/EC – Waste Framework Directive).

Harmonization with EU rules introduces a system of separate waste collection, recycling and modern landfills, thereby reducing the number of illegal landfills and overall pollution. (Directive 2008/98/EC – Waste Framework Directive; Directive 1999/31/EC – Landfill Directive).

Reducing air and water pollution directly contributes to fewer respiratory and other diseases, as the environment is brought into line with EU health standards (Article 191 of the TFEU; Directive 2008/50/EC on air quality).

The implementation of EU regulations on the protection of habitats and birds strengthens the conservation of national parks and biodiversity, which has a positive impact on the development of sustainable tourism. (Directive 92/43/EEC – Habitats Directive; Directive 2009/147/EC – Birds Directive – Natura 2000).

Industrial plants and infrastructure are being modernized through the application of best available techniques and stricter environmental standards, with investments in treatment plants and energy efficiency. (Directive 2010/75/EU - Industrial Emissions Directive; Directive 2011/92/EU - Environmental Impact Assessment).

Closing the chapter means full compliance with the EU environmental protection system, ensuring a stable and long-term sustainable environmental framework for citizens. (Article 191 TFEU; European Commission – Enlargement Policy, Chapter 27)

From Chapter 27, the citizens of Montenegro will have many benefits. First of all, it will create an environment where the health of citizens will be at a much higher level. There will be a much more controlled way of using water, which will be cleaner, there will be a different way of managing waste, and the air should be much healthier and cleaner. (Source: Minister of Ecology, Sustainable Development and Development of the North Damjan Ćulafić).

Montenegro has submitted to the European Commission a complete normative and strategic framework for Chapter 27, which includes laws, strategies and a large number of secondary legislation necessary for alignment with the acquis communautaire. This represents a key step towards meeting the final benchmarks for closing this chapter.

Within this chapter, Montenegro is gradually harmonizing its legislation with the acquis communautaire in the areas of air, water, waste, nature and climate change protection.

In the area of ​​waste, a planning and management system has been established in line with the EU hierarchy, including separate collection and improvement of waste treatment infrastructure. Measures are being implemented to reduce air pollution and plans are being developed for zones where limit values ​​have been exceeded, while in the area of ​​water, work is underway to align with EU directives and strengthen the institutional management system.

In the area of ​​nature protection, a proposal for potential areas for the Natura 2000 network has been adopted, which represents an important step towards full alignment with the EU Habitats and Birds Directives. It is also strengthening the protection of existing protected areas and improving biodiversity conservation. In the area of ​​climate change, a system for monitoring greenhouse gas emissions and gradual alignment with the EU Emissions Trading System (EU ETS) are being developed, as part of preparations for the closure of this chapter.

Four laws from Chapter 27 are currently in parliamentary procedure - on liability for environmental damage, on noise protection, on waste management and on nature protection (source: Minister of Ecology, Sustainable Development and Development of the North Damjan Ćulafić; Parliament).

Myth VS Fact

MYTH: “It is enough to pass laws”

FACT: The European Commission values ​​the implementation of laws much more than their formal adoption. It is not enough for the Government to prepare laws, for the Parliament to adopt them and that is the end of the job. Once the laws are adopted, the implementation of those laws will require a great deal of effort (Source: Chairman of the Committee on Tourism, Agriculture, Ecology and Spatial Planning Dejan Đurović; EC - Enlargement and Eastern Neighbourhood).

MYTH: "Everything must be completed before joining the EU."

FACT: Candidates can negotiate transition periods for the most expensive obligations, such as building wastewater treatment plants or closing unregulated landfills. However, the state must demonstrate a realistic plan and the ability to meet the obligations. Montenegro overcomes this challenging financial aspect by asking its partners in Brussels for transition periods specifically for those areas where the missing infrastructure needs to be built. (Source: Minister of Ecology, Sustainable Development and Northern Development Damjan Ćulafić; EC).

How to check:

1. https://eur-lex.europa.eu/ - all EU laws and regulations;

2. ec.europa.eu/neighbourhood-enlargement – European Commission;

3. Progress reports on Montenegro

4. National documents: https://www.eu.me/poglavlje-27-zivotna-sredina-i-klimatske-promjene/, https://www.gov.me/ (Ministry of Ecology, Sustainable Development and Northern Development).

The text was created as part of the "EU Reality Check" project, implemented by the MINA agency. The project is supported through the broader "MedIA-Lit" program led by the Center for Civic Education (CCE) in partnership with the Helsinki Committee for Human Rights in Serbia (HCHRS), the Helsinki Committee for Human Rights in North Macedonia (MHC), the Tirana Center for Journalistic Excellence (TCJE) from Albania and the Atlantic Initiative (AI) from Bosnia and Herzegovina, with financial support from the European Union and co-financing from the Ministry for Regional Development, Investments and Cooperation with NGOs of the Government of Montenegro.

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