State of compliance
Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
The Laws on Environmental Impact Assessment and Strategic Environmental Impact Assessment as well as the relevant secondary legislation prescribe the necessary rules regarding both assessments. The adoption of national legislation on environmental impact assessment in order to incorporate the amendments introduced by Directive 2014/52/EU, which was expected to be finalised by the end of 2018, was delayed.
In Serbia, environmental impact assessments are carried out by different authorities depending on the responsibilities for issuing building permits, while all environmental impact assessments with potential transboundary impact fall under the responsibility of the Ministry of Environmental Protection. No information on the number of environmental impact assessments was provided by the Serbian authorities for 2018/2019. Transboundary assessments are being carried out in the case of projects requiring an environmental impact assessment as well as plans and programmes requiring a strategic environmental assessment. There is no information on any transboundary assessments during 2018/2019 concerning projects or plans and programmes related to network energy.
With regard to strategic environmental assessment, the one related to Serbia’s National Emission Reduction Plan was carried out and concluded in March 2019.
Both impact assessment processes need further systemic strengthening and the level of implementation of the provisions on public participation of the Directives shall be increased.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
The legal framework aiming to transpose the Directive consists of the Energy Law, the Law on Technical Requirements for Products and Conformity Assessment and the Rulebook on the Technical and Other Requirements for Liquid Fuels.
A dispute settlement case (Case-ECS 04/13) against Serbia for the incomplete transposition of the provisions of the Directive is open since 2013. The Ministerial Council confirmed already in 2016 that Serbia is in breach of the Energy Community acquis communautaire by not adopting the necessary measures to limit the sulphur content of heavy fuel oil at 1.00% by mass, as required by the Directive. As a consequence of non-compliance with this decision of the Ministerial Council, a new case (Case-ECS 04/13S) under Article 92 of the Energy Community Treaty was opened in 2018 and the Ministerial Council established the existence of a serious and persistent breach of Energy Community Law by the Contracting Party. Should Serbia not comply with this decision, the Secretariat will have to take the case further and apply for sanctions against Serbia.
The fuels used in ships navigating in the inland waterways of Serbia must have less than 1.00% sulphur by mass in accordance with the Rulebook on Technical and Other Requirements for Liquid Fuels of Petroleum Origin. The provisions on marine fuels do not apply to this Contracting Party.
The Directive’s provisions on sampling and analysis are implemented in accordance with the Annual Programme on Fuel Quality Monitoring.
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
Serbia has transposed the emission limit values set in the Large Combustion Plants and Industrial Emissions Directives through the Decree on the Emission Limit Values of the Pollutants into the Air from Combustion Plants. Emission limit values for new and existing plants are set on the basis of the Industrial Emissions and the Large Combustion Plants Directives, respectively.
Serbia has eight large combustion plants on the opt-out list established by Decision 2016/19/MC-EnC of the Ministerial Council, out of which four plants have started their opt-out on 1 January 2018, meaning that the registration of their operating hours cannot be higher than 20,000 hours up until 31 December 2023.
Despite repeated reminders from the Secretariat and the conclusion of its strategic environmental assessment, the final version of the NERP has not been adopted to date.
With regard to the monitoring and reporting of emissions, the Decree on the measurement of emissions of pollutants into the air from stationary sources of pollution regulates these issues in compliance with the provisions of the Large Combustion Plants Directive. Serbia complied with its obligation on emissions reporting in September 2019.
Wild Birds Directive
Wild Birds Directive
The Serbian Law on Nature Protection transposes the relevant provision on establishing Special Protection Areas for wild birds. Implementation of the Wild Birds Directive takes place at national, provincial and local level. The authorities in charge of implementing the Directive are the Ministry of Environmental Protection together with the relevant agencies (at national level) and the Provincial Secretariat for Urban Planning and Environmental Protection together with the Provincial Institute for Nature Conservation (at regional level).
Work is ongoing for the identification and mapping of habitat types and species and the establishment of a national ecological network that will include Natura 2000 sites. National and local administrative capacities as well as the institutional set-up need considerable strengthening, particularly with regard to enforcement. In the area of biodiversity protection, the development and designation of Natura 2000 sites should be the main priority.