Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
Existing legislation complies with both directives on environmental assessments. However, appropriate administrative capacity and adequate financial resources (especially on local level) remain to be allocated to ensure proper implementation. Early and effective public participation and consultation in decision-making processes must be secured.
A consultation between the Government and the public concerned should take place for the environmental impact assessment of the HPP Komarnica project.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
Implementation of the provisions of the Directive (including those on marine fuels) is ensured by applying national legislation and the Annual Fuel Quality Monitoring Programme. Amendments to the Law on Air Protection and the Law on Protection of the Sea from Pollution Caused by Ships are foreseen.
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
The plan for the Pljevlja II lignite power plant was cancelled. For the existing thermal power plant Pljevlja I, a contract for reconstruction was signed. However, the plant, which is subject to the opt-out provision, is expected to exceed the 20.000 hour limit prior to the completion of the reconstruction, already by the end of 2020. The Secretariat is concerned that the provisions on opt-out may not be respected.
Improved administrative capacity and more financial support is needed in order to meet the obligations under the Wild Birds Directive and to secure proper implementation and enforcement by the competent authorities.
State of compliance
The legal preconditions for the proper implementation and enforcement of the Environmental Impact Assessment Directive, including the amendments introduced by Directive 2014/52/EU, are set. However, a capacity building plan for proper enforcement of the legislation is needed together with the allocation of additional financial resources. New concerns regarding the environmental impact assessment of the HPP Komarnica project were raised following the Parliament’s adoption of the spatial plan for the project and the confirmation of the developer to build the 170 MW hydropower plant. Improved dialogue between civil society and the Government (especially at local level) is needed to foster early and effective public participation in decision-making processes, both at the level of projects and plans/programmes.
The Government should secure that a strategic environmental report for the foreseen National Energy and Climate Plan is prepared as early as possible in the process. With regard to the Sulphur in Fuels Directive, the Annual Fuel Quality Monitoring Programme provides the framework for sampling and analysis of all fuels falling under the scope of the Directive. Following the introduction of the provisions on marine fuels into national legislation, amendments are planned to enhance more effective sanctions for breaches related to marine fuel used by vessels in Montenegrin waters and ports.
The Government officially cancelled the plan for the construction of the Pljevlja II lignite power plant. For the existing thermal power plant Pljevlja I (currently being opted out), a contract with the consortium Dec International-Bemax-BB Solar-Permonte was signed for the reconstruction of the first block. With the reconstruction, it is expected that the lifetime of the plant will be extended for an additional 30 years. The deadline for reconstruction is in line with the plant’s current permit and the final end date of the opt out, 31 December 2023. However, based on the current load factor (13.809 operational hours were already used from the total of 20.000 in 2018 and 2019), the plant is expected to exceed the 20.000 hour limit by the end of 2020. The Secretariat is concerned that Montenegro will not respect the opt-out provisions once the limit is reached and the plant will not cease its operations afterwards. The planned reconstruction and bringing the plant in line with the emission limit values for new plants under the Industrial Emissions Directive must be a priority. Montenegro complied with its reporting obligations under the Large Combustion Plants Directive for the reporting year 2019.
With regard to the protection of wild birds, Montenegro should improve the administrative capacity and allocate adequate financial support in order to assess the possible impacts early in the planning process and secure proper and effective protection, to be safeguarded by the competent authority. For the recently designated National park “Ulcinj Salina”, a category II protected area, a temporary management body was set up, operative protective measures are however yet to be established. Work continued on the designation of other future Natura 2000 sites during the latest reporting period.