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University of Siena Environmental Legal Team (ELT) Legal Assistance in the Republic of Serbia

The activities of legal support aim at facilitating the creation of the legislative framework for the ratification and the implementation of the UNFCCC and the Kyoto Protocol, with particular regard to the establishment of the DNA.
Such activities have been developed by means of the following main deliverables:
  1. Report on the Establishment of the DNA and Rules of Implementation in the Republic of Serbia (July 2006):
The Report provides an introduction to the CDM and the DNA and a checklist for the establishment of the DNA and for the identification and development of the rules for implementation of the applicable climate change legislative framework. Furthermore, it provides an assessment of the national institutional structure and legislation regulating the establishment of a new authority (DNA) and consequently identifies the most suitable solution for the creation of the DNA. The identification of the legal basis for the establishment of the DNA and the definition of the rules of procedure of the DNA (decision-making, voting, documentation required, etc) are provided, with the composition of the DNA and the identification and drafting of the legislative act required for the establishment of the DNA. The Report also identifies the national interim approval criteria for CDM projects, the model for the Letter of Approval and provides some guidelines for the creation of the DNA web site.
  1. The Capacity Building on the UNFCCC and the Kyoto Protocol Training Programme for the Republic of Serbia DNA-LEGAL AND INSTITUTIONAL ISSUES was held in Belgrade from 19 to 21 October 2009 with the following Agenda:
  • The Clean Development Mechanism Project Cycle;
  • Key entities involved in the CDM project cycle and their role in the development and evaluation of a CDM project activity;
  • Developing a CDM project and the role of the DNA;
  • Key Concepts in a CDM project activity;
  • Developing a PDD;
  • Special Cases of CDM Project Activities;
  • Case study on the ownership of CERs;
  • The legal nature of CERs;
  • Comparative analysis on the ownership of CERs in some relevant Non Annex I countries;
  • Suggested solutions and recommendations for the Republic of Serbia;
  • Special Session on COP-15 and the new EU ETS;
  • The EU ETS;
  • The implications of the new EU ETS legislative regime for the Republic of Serbia in the perspective of its harmonization to the EU acquis;
  • The negotiation process for the post-2012 period;
  • The possible scenarios for the second commitment period and the possible evolution of CDM projects
The ELT also provided the legal support for the legislative harmonization process of Serbian environmental legislation with the acquis communautaire specifically for the development of the Primary and Secondary legislation in the following fields:
  • Environmental liability;
  • Energy efficiency;
  • Ambient Air Quality Protection.
In such a context the following Reports have been delivered:
  1. Report on legal support with reference to the Air Quality Framework Directive (1996/62/EC) and the “daughter” directives and Directive 2001/80/EC on large combustion plants (July 2007):
This Report provides an assessment of the level of compliance of the Serbian draft Law on Air Protection with the EU legislation in this field and concludes with some recommendations for the development of the primary and secondary legislation. The Report consists of four sections. Section one provides an overview of the European Union legislation in the field of air quality and pollution and a description of the relevant Directives, namely the Framework Directive on Ambient Air Quality Assessment and Management and the so-called “Daughter” Directives, the National Emission Ceilings Directive and the Large Combustion Plants Directive. Section two and Three of the Report provide a gap analysis of the Serbian draft Law on Air Protection with regard to the EU model. The fourth and last section provides some recommendations for the development of the Serbian secondary legislation in the field of air quality. The Report also includes five appendixes, which provide relevant information regarding the air legislation of the European Union and two EU Member States, namely Italy and Germany.
  1. Report on Legal support with reference to the EU and the Italian energy efficiency legislation (November 2007):
The Report is divided into two Sections. The first one analysing the EU Energy Efficiency legislation in force at the time of release of the Report (Directive 2006/32/EC on energy end-use efficiency and energy services; Directive 2004/8/EC on the promotion of cogeneration.; Directive 2002/91/EC on the energy performance of buildings; Directive 2005/32/EC on the eco-design requirements for energy-using appliances and Directive 92/75/EEC on the energy consumption labelling of household appliances) and the second one focusing on the Italian Energy Efficiency legislation (with particular regard to the so called “white certificate scheme”).
  1. Legal support with reference to Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage- GAP ANALYSIS REPORT (December 2007):
The Report provides a gap analysis of the Serbian legislation on environmental liability compared to the EU model (Directive 2004/35/EC) and concludes with some recommendations on how to amend Serbian legislation in order to fill the gaps identified, taking also into account the experience of Italy and two new Member States of the EU, Hungary and Romania. More in detail, the Report consists of four sections. Section one provides an overview of the European Community legislation on environmental liability, with an in-depth discussions of the main features and provisions of Directive 2004/35/EC (such features and provisions are also summarized in the appendix to the Report). Section two of the Report focuses on the Serbian national legislation, providing an overview of the Law on Environmental Protection and of the environmental liability provisions included in it; the general rules of the Law on Obligations that apply to the issues regarding liability for damage to the environment are discussed as well. The third section of the Report presents the results of our assessment of the level of compliance of Serbian legislation with the EC environmental liability legislation and discusses, in particular, the main gaps identified in the former. Section four describes the most important features and the recent evolution (following the transposition of Directive 2004/35/EC) of the environmental liability systems of Italy and two new EU Member States, Hungary and Romania. Based also on the experience of these countries, the fifth and final section provides recommendations on how to amend the Serbian national legislation (namely the Law on Environmental Protection) in order to improve its level of compliance with the EC legislation in the field of environmental liability as envisaged by Directive 2004/35/EC.
  1. GAP ASSESSMENT REPORT on the Draft Law on Air Protection (June 2008):
This Report follows up the findings of REPORT on legal support with reference to the Air Quality Framework Directive (1996/62/EC) and the “daughter” directives and Directive 2001/80/EC on large combustion plants with the view to fully support the Republic of Serbia in the process of harmonization of its national legislation with the EU relevant legislation on air quality. The Report comprises the following elements: Identification of relevant multilateral frameworks (both global and regional) covering the air quality field; Identification of the relevant EU legal instruments on air protection, whose requirements should be transposed into the Serbian national legal system; Identification of the state of the art of the legislation on air protection in Serbia; Gap analysis of the text of the Draft Law on Air Protection dated 2008.
  1. Report on Legal support with reference to the Italian energy efficiency legislation (September 2008):
The Report follows up the Report on Legal support with reference to the EU and the Italian energy efficiency legislation delivered in November 2007. It focuses on the Italian legislative framework on energy efficiency and it is structured in the following main parts: Energy Efficiency Legislation in Italy: an overview; Italian Energy Efficiency Legislation: the main Acts; The White Certificates Scheme in Italy: an overview; The Italian White Certificates Scheme: How Does It Work?; Energy Performance of Buildings: The Italian Legislation; Recent Developments in the Italian Energy Efficiency Legislation; The 2007 Financial Law; The 2008 Financial Law.
  1. The legal assistance for the approximation of the Serbian legislation with the EU acquis on air quality has been furthered throughout 2008 and 2009 by supporting the Serbian Authorities in the development of the draft proposal of Air Protection Law.

This law was adopted on 12 May 2009, published in the Official Gazette of the Republic of Serbia no. 36/2009 of 15.05.2009 and entered into force on 23 May 2009. The Law contains 90 Articles and, consistently with EC Directive 2008/50, focuses on the following issues: Duties and competences for improvement of air quality; Control of air quality; Identification of zones and agglomerations; Assessment of ambient air quality; Air quality monitoring; Ambient Air Quality Standards; Measures of national policy and planning for ambient air protection; Information and Reporting duties.

  1. The findings of the Italian legal assistance for the creation of the framework legislation on Air Quality protection were presented during the Workshop on the Law on Ambient Air Protection of the Republic of Serbia held in Belgrade on 13 February 2009.
  2. The activities of legal support for the drafting of the primary legislation on air quality (represented by the framework Law on Air Quality of May 2009), were integrated and completed by the ones aiming at the development of the secondary legislation on Ambient Air Quality and Protection.

To this respect, legal support has been provided for the drafting of the Governmental Decree on Air Quality Monitoring Network; of the Governmental Decree on Air Quality Standards and of the Governmental Decree on Emission Limit Values for Air.