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Action Plan for Legal Framework - Implementing Regulation (EU) 525/2013

Develop an action plan for the legal framework to ensure the implementation of Regulation (EU) 525/2013 and monitoring requirements in Serbia. This plan will include types of legal acts, timelines, responsible institutions, and required resources.

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Action Plan for Legal Framework - Implementing Regulation (EU) 525/2013

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  1. Activity 2.1:Action plan for legal frameworkDušan PichlerBelgrade, 31 May 2016

  2. COMPONENT 2 • Title:Legal framework for implementation of Regulation (EU) 525/2013 and the monitoring and reporting requirements of Decision No 406/2009/EC • The aim:to ensure appropriate legal framework for the implementation of the MMR and ESD in Serbia through drafting the legislation taking into account national circumstances

  3. Component 2 Component 2. comprises activities 2.1 and 2.2 • Activity 2.1: To develop Action Plan for legal framework based on: • the outputs of the activity 1.1 (Task 1.1.1: screening of the legal framework) and the rules and procedures established under activity 1.3 and activity 1.4. • Elements of the Action Plan: • Type of legal acts • Concordance tables, • Timelines for full harmonization and implementation, • Responsible institutions for MMR implementaiton, • Required resources.

  4. Road map ROAD-MAP - Preliminary works: RTA and RTA counterpart  - Meetings: RTA, RL, STE’s and involved Serbian actors  - Interim action plan: RTA and STE  - Commnets on IAP: Serbian counterparts  - Approval of the action Plan: PSC andMinistry - Workshop: Serbian actors involved (31.5.2016)

  5. EU LEGAL ACTS TO BE TRANSPOSED AND IMPLEMENTED 1. Regulation (EU) No 525/2013 2. Decision No 406/2009/EC 3. Commission Delegated Regulation (EU) No 666/2014 4. Commission Implementing Regulation (EU) No 749/2014 Not part of the project (but recommended to be transposed and implemented in Serbia): Decision No 529/2013/EU (LULUCF) Legal binding acts, directly applicable in MS or addresed to the MS. In principle no need for the transposition in MS! TranspositionandimplementationoftheDecision No 406/2009/EC in Serbia: not directly, butusing some conceptualelements

  6. EU LEGAL ACTS TO BE TRANSPOSED AND IMPLEMENTED MAIN REQUIREMENTS FROM EU IMPLEMENTED Main building blocks of MMR • Preparation of the law-carbon development strategy; • Establishment, operation and continuously improvement of the National Inventory System; • Reporting on: • law-carbon development strategy; • GHG emissions from sectors and sources and removals by sinks (energy, transport, industry, agriculture, LULUCF, waste); • policies and measures; • projections of anthropogenic GHG by sources and sinks; • national adaptation actions; 4. Submission of copy of BR and National Communication.

  7. SCREENING OF THE APPLICABLE SERBIAN LEGAL FRAMEWORK • Constitution • 26 Laws(general, environment, use of natural sources, other MMR related laws) • 15 by-laws • Statistical documents (Statistical Yearbooks, statistical surveys)

  8. Outcomesfromthescreeningofthe legal framework A/ Serbia ratified UNFCCC and KyotoProtocol. B/ Transposition and implementation of F-gases Regulations (Law on Air Protection). C/ Partly transposition of EU ETS Directive (draft Law on the System of GHG Emissions Reduction).

  9. Outcomesfromthescreeningofthe legal framework D/ The screened Serbian legal acts fragmentary transpose and implement only certain isolated requirements from the EU legal actsinto the Serbian legal system: • No clear legal requirements as regard the adoption of the law-carbon development strategy and national adaptation actions. 2. Provision on policies and measures are partly in place: Law on Air Protection (F-gases; CDM), Law on Energy (Sustainable criteria for quality of fuel), Law on Spatial Planning and Construction (Energy Efficiency of Buildings).

  10. Outcomesfromthescreeningofthe legal framework 3. National Inventory of GHG emissions prescribed (Law on Air Protection, Regulation on the methodology for the collection of data for the National Inventory), and maintained by SEPA, but no implementing by-laws, prescribed by the Regulation. 5. No provisions on GHG projections and LULUCF accounts. 5. Submissionofthe BUR andNationalCommunicationwasmade- 6. The provisions on the information systems, database and data are executed only partly or even not executed (Agriculture, Forestry …).

  11. Outcomesfromthescreeningofthe legal framework 7. Activitiesof the Statistical Office: - Besidegatheringstatisticaldata SORS is alsousing the statistical surveys to gather the data, which need to begatheredby administrative sources in accordance with applicablelaws. - Duplication of collectingdata (Energy, Waste,…). - Performingqualitycontrol of certain data collected from the administrative sources. 8. The role of the Republic Hydrometeorological Service of Serbia(Sub Regional Center for CC for SEE) and Republic Geodetic Authority (INSPIRE Directive) has to be reconsidered.

  12. DETAILED CONCLUSIONS ON ACTIVITY DATA ENERGY (without transport) MMR: data on energy: Regulation (EC) No 1099/2008 (Energy Statistics). SERBIA: Law on Energy, The Ordinance on the deadlines, content and methods of reporting of data on purchase and sale of oil, derivatives, biofuel and compressed natural gas(Energy balance), Law on Mining, Law on Official Statistic (EnergyBalance, Statistical Yearbook).

  13. DETAILED CONCLUSIONS ON ACTIVITY DATA(cont.) TRANSPORT MMR: data on no. of vehicles,… SERBIA: Law on Road Traffic Safety, The Ordinance on registration of vehicles (no. of vehicles,…), Law on Official Statistic (Statistical Yearbook, StatisticalSurvey).

  14. DETAILED CONCLUSIONS ON ACTIVITY DATA(cont.) INDUSTRIAL PROCESSES MMR: data on production of certain GHG related products, ETS reports, F-gases, VOC’s; PRTR. SERBIA: Environmental Protection Law, The Ordinance on the methodology for the development of national and local register of pollution sources and on the methodology and deadlines for data collection (PRTR), Law on Air Protection (F-gases, VOC’s), Law on Official Statistic (Statistical Yearbook, StatisticalSurvey), draft Law on System for GHG Emission Reduction (ETS reports).

  15. DETAILED CONCLUSIONS ON ACTIVITY DATA(cont.) AGRICULTURE MMR: data on livestock (no. of cattle, cows, sheep,…), production of certain products (urea,…), application of manure,.. SERBIA: Law on Animal Husbandry, Law on Veterinary, Law on Agriculture and Rural Development (no prescribed by-laws), Law on Official Statistic (Statistical Yearbook, StatisticalSurvey).

  16. DETAILED CONCLUSIONS ON ACTIVITY DATA(cont.) LULUCF MMR: data on LULUCF accounts (land use, land use change and forest). SERBIA: Law on Agriculture and Rural Development, Law on Agricultural Land, Law on Forests (no prescribed by-laws), Law on State Survey and Cadastre (INSPIRE Directive), Law on Official Statistic (Statistical Yearbook, StatisticalSurvey).

  17. DETAILED CONCLUSIONS ON ACTIVITY DATA(cont.) WASTE MMR: data on waste collection, disposal, bio-gas production, incineration,wastewater treatment and discharge, … SERBIA: Law on Waste Management (a number of Regulations and Ordinances), Environment Protection Law (PRTR), Law on Water (Ordinance on the method of analyses and the minimal number of analyses of the quality of the waste waters), Law on Official Statistic (Statistical Yearbook, StatisticalSurvey).

  18. Outcomesfromthescreeningofthe legal framework How to approach to the legal framework ? Two options: A/ - Modification of theapplicableLaw on AirProtection, especially to include the appropriate provisions on low-carbon and adaptation to climate change strategies, GHG reduction policies and measures, NationalInventorySystem, projectionsandreporting (MMR requirements). - AdoptionofthedraftLaw on theSystemof GHG EmissionsReduction (ETS reguirements). B/ Adoption of the one, the so-called “parent” law, which would regulate all of the elements from pointA (MMR and ETS requirements). Approach B hasbeenrecommended!

  19. Outcomesfromthescreeningofthe legal framework How to approach the recommended option B ? B1) To amend the Law on Air Protection (and change the name, e. g.: the Law on Air Protection and Climate Change) with a special chapter on Climate Change, or B2) To exclude current provisions (article 29, 50, as well as articles on ODS and F-gases and certain references) from the Law on Air Protection and establish the whole system on the basis of the Law on Environmental Protection, or B3) to amend the draft Law on System for GHG Emissions Reduction with MMR andother GHG related requirements and establish the comprehensive Law on Climate Change (all in one).

  20. PROPOSED STRUCTURE OF THE LEGAL FRAMEWORK B3 - to amend the draft Law on System for GHG Emissions Reduction with MMR andother GHG related requirements and establish the comprehensive Law on Climate Change (all in one). + to adopt four by-laws on the basis of the Law on Climate Change: - Regulation on National Inventory System, - Regulation on LULUCF, - Ordinanace on GHG projections, - Ordinance on reporting.

  21. PROPOSED STRUCTURE OF THE LEGAL FRAMEWORK Recommendation regarding legal issues Law on Air protection (definitions, measures – CDM, Nat. Inventory system, F-gasses Law on system for reduction of GHG emissions (Transposition of 2003/87/EC- ETS) “Climate Change” law MMR Transposition elements (Transposition 525/2013/EU, 406/2009/EC, 749/2014/EU 666/2014/EU 529/2013/EU

  22. PROPOSED STRUCTURE OF THE LAW ON CLIMATE CHANGE • I. General provisions • Aim, Scope, Definitions, Principles • II. Strategies, programs and plans • Low-Carbon Development Strategy, mitigation plans and/or programmes • Climate Change Adaptation Strategy, adaptation plans and/or programmes • III. Policies and measures • F-gasses, ODS, CO2&cars, othermeasures

  23. PROPOSED STRUCTURE OF THE LAW ON CLIMATE CHANGE (cont.) • IV. Requirements for the stationary installation and aircraft operator toward ETS (currently draft Law on the System for GHG Emission Reduction) • GHG permit, (ETS) Monitoring and Reporting (stationary installation and aviation activities), Accreditation and Verification • V. MMR Monitoring and Reporting • National Inventory System, Projections, Reporting • Administrative Taxes, Surveillance, Penalties, Transitional and final provisions

  24. RESPONSIBLE INSTITUTIONS 1. Low-carbon Development Strategy: • Responsible institution for the preparation • Ministry, responsible for Economy in collaboration with: • Ministry, responsible for Environment • Republic Secretariat for Public Policies (coordinating body) • Participating Institutions • Serbian Environmental Protection Agency • Republic Hydrometeorological Service of Serbia • Other relevant governmental, non-governmental organisation.

  25. RESPONSIBLE INSTITUTIONS (cont.) 2. Climate Change Adaptation Strategy: • Responsible institution for the preparation • Ministry, responsible for Environment in collaboration with other ministries (Transport, Agriculture, Water management, …) • Republic Secretariat for Public Policies (coordinating body) • Participating Institutions • Republic Hydrometeorological Service of Serbia • Other relevant governmental, non-governmental organisation.

  26. RESPONSIBLE INSTITUTIONS (cont.) 3. Policies and Measures: • Responsible institution for the preparation • Ministries responsible for: Environment, Agriculture, Transport, Energy. • Participating Institutions • Relevant research institutions and NGO’s.

  27. RESPONSIBLE INSTITUTIONS (cont.) 4. GHG projections: • Responsible institution for the preparation • Ministry, responsible for Environment • Participating Institutions • Serbian Environmental Protection Agency • Relevant research institutions authorized by Law on Climate Change.

  28. RESPONSIBLE INSTITUTIONS (cont.) 5. National Inventory System: • Responsible institution • Ministry responsible for Environment • (Operated by Serbian Environmental Protection Agency) • Participating Institutions • SEPA • Ministries, responsible for Agriculture, Energy, Transport, Internal Affairs, Mining, Transport) • Statistical Office of Serbia • Republic Geodetic Authority

  29. RESPONSIBLE INSTITUTIONS (cont.) 6. LULUCF Accounts: • Responsible institution for the preparation • Ministry responsible for Environment • Serbian Environmental Protection Agency • Participating Institutions • Ministry, responsible for Agriculture • Serbian Environmental Protection Agency • Relevant agricultural and forestrry institutes • Statistical Office of Serbia • Republic Geodetic Authority

  30. RESPONSIBLE INSTITUTIONS (cont.) 7. Biennial (Update) Reports and National Communication: • Responsible institution for the preparation • Ministry, responsible for Environment • Participating Institutions • Serbian Environmental Protection Agency • Republic Hydrometeorological Service of Serbia • Ministry, responsible for Finance • Relevant research institutions authorized by Law on Climate Change.

  31. TIMELINE FOR THE PREPARATION OF THE LEGAL ACTS

  32. TIMELINE FOR THE PREPARATION OF THE LEGAL ACTS 1. LAW ON CLIMATE CHANGE - start: March 2016 - first draft: August 2016 2. REGULATION ON NATIONAL INVENTORY SYSTEM - start: August 2016 - first draft: September 2016 3. ORDINANCE ON REPORTING - start: September 2016 - first draft: November 2016

  33. TIMELINE FOR THE PREPARATION OF THE LEGAL ACTS 4. ORDINANCE ON GHG PROJECTIONS - start: November 2016 - first draft: December 2016 5. REGULATION ON LULUCF (optional) - start: December 2016 - first draft: December 2016 Benchmark B2.1.1: Action plan for the legal framework development prepared Benchmark B2.2.1 : At least 3 legal acts for implementation of the Regulation (UE) 525/2013 and the Decision 406/2009/EC in Serbia developed

  34. Required Resources (for preparation of the legal acts on Climate Change Issues) 1. At least one new and additional FTE lawyer (supported by technical experts usually working on climate change technical issues). 2. In addition at least 0,33 FTE of existing »lawyer capacity« at the Ministry/Climate Change Division is needed as to assure necessary back-up (transfer of knowledge, holidays, illness etc.) 3. Tasks: Covering the whole EU, International and national legal framework on climate change (excluding administrative procedures requested by ETS).

  35. Thankyouforyourattention!

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