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Priority goals in international co-operation of the Republic of Serbia in the field of environment and sustainable development

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Abstract

The paper points to the significance of some factors of international co-operation in the field of environment and sustainable development as a general framework for understanding of the fundamental goals in international co-operation of the Republic of Serbia (RS). It is especially pointed to the place and importance of the activities that are carried out in the European Union (EU), to the harmonisation of national legislation with EU legislation including regulations in the field of climate change, to the significance of international environmental agreements and various forms of global, regional, subregional and bilateral co-operation as well as to the co-operation with international financial institutions which are important for environment and sustainable development. The paper is based on the thesis that the fundamental goals in international co-operation of RS in the field of environment and sustainable development are mostly determined by the “European perspective” of RS and in accordance with this, with global trends in the contemporary environmental and sustainable development policy and law. Opening the prospect of the EU membership (potential candidate status and the status of the candidate for EU membership) has resulted in the acceleration of the process of harmonisation of national legislation with the EU’s as well as speeding up the process of ratification of the international treaties in the field of the environmental protection.

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Notes

  1. Bearing in mind the scope of this paper, these factors will not be specifically analysed.

  2. Apart from that, the complexity of the analysis is partly determined by the specific status of the Kosovo and Metohija (under the Resolution 1244 of the UN Security Council) although the paper does not go deeply into the argument on the specific issues in the field of the environment and sustainable development related to the Kosovo and Metohija status. But it should be taken into account that this issue deserves separate analysis.

  3. Of course, as for the second goal, there is an obvious connection with international aspects of activities in the field of environment [since it is referred to “taking into account of the sustainable development principle in conceiving the foreign policy and international co-operation strategy” (GRS 2010a, 155)—whatever it specifically means], while as for the first one that connection cannot be ignored for the implications of “development policy” no matter how specifically it is defined for various purposes.

  4. In the case of Serbia, the relationship between the environment and poverty should be seen in the assessment presented in Poverty Reduction Strategy for Serbia (GRS 2003, 163; GRS 2007, 104–109).

  5. Other strategic documents are not analysed (for the lack of space), assuming that they comply with those mentioned above.

  6. European co-operation and integration in the field of spatial planning and development is primarily carried out within the EU and Council of Europe programmes and activities, this including INTERREG programme (including IPA programmes of transboundary co-operation), Euro region activities and activities of the Council of Europe Conference of Ministers Responsible for Spatial/Regional Planning—CEMAT (MESP 2009, 56).

  7. While explaining the goal formulated in such a way, one should take into account other goals mentioned in this Article, as for example: encouraging efforts of Serbia aimed at strengthening of democracy and the rule of law; contribution to political, economic and institutional stability in Serbia, as well as to stabilisation of the region; insure adequate framework for the political dialogue, providing development of close political relation between the parties; encouraging efforts of Serbia aimed at completing transition towards a functional market economy; improvement of harmonious economic relations and gradual establishment of a free trade zone between Community and Serbia; encouraging cooperation in all fields covered by this Agreement.

  8. Article 111 prescribes following: “The Parties shall develop and strengthen their cooperation in the environmental field with the vital task of halting further degradation and start improving the environmental situation with the aim of sustainable development. The parties shall, in particular, establish cooperation with the aim of strengthening administrative structures and procedures to ensure strategic planning of environment issues and coordination between relevant actors and shall focus on the alignment of Serbia’s legislation to the Community acquis. Cooperation could also centre on the development of strategies to significantly reduce local, regional and trans-boundary air and water pollution, to establish a framework for efficient, clean, sustainable and renewable production and consumption of energy, and to execute environmental impact assessment and strategic environmental assessment. Special attention shall be paid to the implementation of the Kyoto Protocol”.

  9. This document obligatory contains following, inter alia: 1. (a) Provisions of the Agreement and the Interim Agreement which regulate normative contents of regulations; (b) Transitional period for harmonisation of legislature according to provisions of the Agreement and Interim Agreement; (c) Evaluation of fulfilment of obligations according to the mentioned provision of the Agreement and Interim Agreement; (d) Reasons for partial fulfilment or non-fulfilment of obligations according to the mentioned provision of the Agreement and Interim Agreement; (e) Link with the National program for integration of RS in EU; 2. Harmonisation of regulations with EU regulations; (a) Quotation of primary sources of EU law and of harmonisation with them; (b) Quotation of secondary sources of EU law and harmonisation with them; (c) Quotation of other sources of EU law and harmonisation with them; (d) Reasons for partial harmonisation or non-harmonisation; (e) Period in which is planned total harmonisation of national regulations with EU regulations; 3. If relevant EU regulations with which harmonisation of national regulations should be done do not exist, this fact should be mentioned; 4. Are the sources of EU law mentioned above translated in Serbian language?

  10. Besides the obligation to obtain opinion of the Republican Secretariat for legislature and the Finance Ministry (similarly as in case of draft decree, decision, memorandum on budget, development strategy, declaration and conclusion).

  11. Its membership in a number of international treaties RS regulated on the basis of succession from former SFR Yugoslavia and SR Yugoslavia (Vukasović and Todić 2012, pp. 63–69). However, when a number of more recent international treaties in the field, the environment is concerned, ratification was done in the last phase. So in 2007 were ratified following international treaties: United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, particularly in Africa (1994), Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997), Convention on the Conservation of European Wildlife and Natural Habitats (1979), Convention on the Conservation on Migratory Species of Wild Animals (1979), Framework Convention on the Protection and sustainable Development of the Carpathians (2003) and Convention on Environmental Impact Assessment in Transboundary context (1991).

  12. Convention on Access to Environmental Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998), Convention on the Trans-boundary Effects of Industrial Accidents (1992), Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes (1992), Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (1993), Stockholm Convention on Persistent Organic Pollutants (2001), Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998), Protocol on Strategic Environmental Assessment to the Convention on environmental impact Assessment in a Transboundary Context (2003), Amendment to Annex B to the Kyoto Protocol (2006), Statute of the International Renewable Energy Agency (2009), Agreement between Republic of Serbia and Regional Environmental Centre for Central and Eastern Europe on legal status of the Regional Environmental Centre in Republic of Serbia (2008), European Landscape convention (2000).

  13. Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999, Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, Lugano, 1993, Protocol on Pollutant Release and Transfer Registers-PRTR, Kiev, 2003, Helsinki Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at least 30%, 1985, Sofia Protocol concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes, 1998, Geneva Protocol concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes, 1991, The 1994 Oslo Protocol on Further Reduction of Sulphur Emissions, Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, Gothenburg, 1999, Convention on the Law of the Non-navigational Uses of International Water Courses, New York, 1997 (GRS 2011, p. 83).

  14. A project task has been prepared for the elaboration of a new Strategy of Energy Supply Development of the Republic of Serbia with the projections until 2025 or actually until 2030.

  15. Regarding the energy sector, one goal in further activities relates to the harmonisation of national legislations with EU legislations, this particularly including the Law on Energy Supply; the adoption of the Law on Rational Use of Energy; then re-examination and harmonisation of legislations in other fields which are important for climate change taking into consideration the criteria in this field (legislations in the field of forestry, agriculture, waterpower engineering, waste management, etc.).

  16. Then, this also includes the establishment of the Energy Efficiency Fund; introduction of instruments and programmes of support for the application of energy efficiency in buildings, transportation, industry and households; introduction of an energy management system in large energy consumers, government institutions and local self-rule; stimulation of mass use of the measurement system for individual heat consumers; building and application of instruments that would ensure the promotion of highly efficient buildings or actually increase in energy efficiency of the existing buildings; introduction of an obligation of household appliances energy marking, etc.

  17. In accordance with one of the key principles of the contemporary environmental policy that includes common but differentiated responsibility, regarding the different contributions to the global degradation of the environment “Developed countries take responsibility in their international engagement in achieving sustainable development considering that their societies are a burden to the global environment and also considering the technologies and funds they use” (Todić and Vukasović 2003, 133).

  18. This should certainly be added poverty problems as well as population ones. According to UNEP 2010, 2, these problems include the following: air pollution and quality, biodiversity, chemical substances and waste, climate change, energy supply, environmental management, forestry, fresh water, oceans and seas, land, use of land, land degradation and desertification.

  19. Regional Cooperation Council (RCC) is the successor of the Stability Pact. The tasks are to represent the region, assist the South-East European Cooperation Process, monitor regional activities, exert leadership in regional cooperation, provide a regional perspective in donor assistance—notably the EU’s Instrument for Pre-accession Assistance (IPA) programme—and support increased involvement of civil society in regional activities.

  20. The co-operation with the REC (and within this institution) had a special importance in the period after the events of 5 October 2000. However, it has just recently been formalised by concluding a special agreement on the status of this organisation in Serbia Agreement between RS and the Regional Environmental Centre for Central and Eastern Europe on the Legal Status of the Regional Environmental Centre in the Republic of Serbia, OJ RS-IT, No. 1/10.

  21. However, Serbia is not member of the Convention on the Protection of the Black Sea against Pollution adopted in 1992, which is also very closely connected with the activities aimed at the protection of the Danube River.

  22. As for this international agreement, one should keep in mind that Serbia singed a separate Agreement on Co-operation with the countries in the region for the purpose of implementing the Convention in the matters of consultations aimed at applying an environmental impact assessment within a transboundary context.

  23. Confirmation of the Aarhus Convention on the part of the Republic of Serbia (OJ RS, No. 38/09) imposes the need to improve relations with associations of citizens (and non-governmental organisations) as factors in the environment and sustainable development policy, while Article 3, paragraph 7 prescribes the obligation of promoting the principles of this Convention in international decision-making processes in environmental matters and within international organisations in the matters in this field.

  24. Regional cooperation in the area of energy and infrastructure continued to be “the key topic for consideration and discussion at variety of events organised throughout the region. It is mainly taking place under umbrellas of key regional infrastructural cooperation structures: Energy Community, South-East Europe Transport Observatory and Regional Environmental Network for Accession. These structures are well established and strongly supported by both the European Commission and the beneficiaries” (RCC 2012, 29).

  25. The problems related to drawing of borders with some neighbouring countries are here put aside. For the overview of the situation, see: Dimitrijević 2003.

  26. Such as the following: completion of the Corridor X, attachment to the planned route of the motorway along the Corridor IV and the planned route of the Timişoara-Stamora Moraviţa motorway; building of the roads to the Adriatic Sea; further development of air traffic, especially regional one; attachment to the planned route of the railway for trains running over 160/h along the Corridor IV; common arrangement, protection and valorisation of rivers and co-operation in improvement of the waterway traffic (the Danube, the Sava, the Tisza…); development and connection of energy systems (Memorandum of Gas Line Systems Connection with Bulgaria, building of the long distance line of 400 kV from Serbia via Skopje to Albania…); economic co-operation in the field of industry, tourism and trade; conceptualisation of common measures that would stimulate investment, economic development and harmonisation of labour and training market (for example, with the region of Čongrad…); bringing together the protection of cultural and natural entities (Đerdap, Stara planina, Upper Danube basin, Prokletije…), etc. (MESP 2009, 194–197).

  27. This does not include any other forms of quasi-contractual regulation of bilateral co-operation between RS and some other states such as “memorandums of understanding” (MoU), although these forms of institutionalisation of co-operation are significant in a way. These are, for example, the MoU between the MESP RS and the Ministry of the Environment, Land and Sea of the Republic of Italy (2002), MoU between the Ministry of Environment of RS and the Ministry of Environment and Water of the Republic of Bulgaria (2007), MoU on co-operation in the field of environment between Serbia and Austria (2010), MoU with Portugal (2011), MoU with Republic of Srpska.

Abbreviations

EEA:

European Environment Agency

EPF:

Environmental Protection Fund

EU:

European Union

GRS:

Government of the Republic of Serbia

MEMSP:

Ministry of Environment, Mining and Spatial Planning

MESP:

Ministry of Environment and Spatial Planning

MoU:

Memorandum of understanding

NEPP:

National Environmental Protection Programme

OJ FRY-IT:

Official Journal of the Federal Republic of Yugoslavia-International treaties

OJ RS:

Official Journal of the Republic of Serbia

OJ RS-IT:

Official Journal of the Republic of Serbia-International treaties

OJ SM-IT:

Official Journal of Serbia and Montenegro-International treaties

REC:

Regional Environmental Centre for Central and Eastern Europe

RENA:

Regional Environmental Network for Accession

RCC:

Regional Cooperation Council

RS:

Republic of Serbia

SAA:

Stabilisation and Association Agreement

UN:

United Nations

UNECE:

United Nations Economic Commission for Europe

UNEP:

United Nations Environment Programme

UNMIK:

United Nations Interim Administration Mission in Kosovo

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Acknowledgments

This paper forms part of the results of research on projects 179029 financed by Ministry of Education and Science of the Republic of Serbia.

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Correspondence to Dragoljub Todić.

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Todić, D., Dimitrijević, D. Priority goals in international co-operation of the Republic of Serbia in the field of environment and sustainable development. Int Environ Agreements 14, 163–179 (2014). https://doi.org/10.1007/s10784-013-9207-4

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