Guide to Access to Information in Possession of the Environmental Protection Agency

Based on Article 5 of the Law on Free Access to Information ("Official Gazette of the RMNE", no.68/05),
   

 GUIDE TO ACCESS TO INFORMATION OF THE ENVIRONMENTAL PROTECTION AGENCY AND BASIC DATA OF THE AGENCY

  Address: IV PROLETERSKA 19, Podgorica

  Telephone/fax: 020 618 250, 618 251

  e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  website: epa.org.me

  The scope of work: the scope of work of the Environmental Protection Agency is defined by the Environmental Law ("Official Gazette of MNE", no.48/08, Article 10), as well as by the Regulation on Amendments to the Regulation on the Organization and Manner of Work of State Administration ("Official Gazette of the MNE", no.68/08, Article 44 c) from 12 November 2008) providing that: "The Environmental Protection performs professional and  related administrative affairs which refer to: the organization, planning and participation in the environmental monitoring including recommendation of a national list of environmental indicators; participation in monitoring of waste collection from ships; analysis of the environmental state, phenomena and occurrences that can endanger the environment and recommendation and undertaking of measures for their prevention and removal; reporting and  coordination of reporting on the environmental state, and phenomena and occurrences  of importance for environmental quality as well, in accordance with regulations; the implementation of strategies and programs from the environmental area; ensuring the application and enforcement of regulations concerning environmental protection; ensuring the application of directives and other EU regulations; enforcement of international agreements; the preparation of the professional groundwork for drafting of environmental regulations; cooperation, communication and coordination with domestic and international organizations and institutions; conduct of the first instance proceeding in the areas of: air protection from pollution; climate change; ozone layer protection; ionizing radiation protection and radioactive source safety; non-ionizing radiation protection; chemicals; noise protection; genetically modified organisms; protection from accidents involving hazardous substances; waste management; the issue of integrated licenses for the  operation of plants, which is necessitated by a special regulation; strategic impact assessment and environmental impact assessment; the issue of licenses for collection, usage, breeding, keeping and the movement of wild animals; the issue of licenses for picking, collection, growing, keeping and trade in wild plants and fungi; the issue of licenses for scientific research on protected natural goods, licenses for action and activities at a caving facility; the issue of licenses for import, export and transit of radioactive substances; licenses for import, export and transit of ionizing radiation sources; the issue of licenses for import and export of substances that deplete the ozone layer; the issue of licenses for the cross-border waste movement; the issue of licenses for waste collection  installations in ports; inspection supervision affairs in the environmental area, and other affairs within its competence".

                         II TYPES OF INFORMATION HELD BY THE AGENCY

1. Public records

- Record book;
- Register of the first instance administrative procedure in the areas: air protection from pollution; climate change; ozone layer protection; ionizing radiation protection and radioactive source safety; non-ionizing radiation protection; chemicals; noise protection; genetically modified organisms; protection from accidents involving hazardous substances; waste management;
- Postal reception book;
- Records of register and archive materials delivered to the public archives;
- Records of employees;

2. Normative acts

- Laws from the competence and scope of work of the Agency;
- By-law acts (regulations, decisions, rulebooks, instructions and orders);
- A rulebook on the internal organization of systematization;
- Collective agreement;

3. Analyses, information, reports, studies and other general acts

4. Programs and Projects in the Area of Environment

- Strategies and programs in the area of the environment;
- Open competitions for co-financing of programs and projects;
- Applications for open competitions with application documentation;
- Individual requests for co-financing of programs and projects;
- Decision on education of professional boards and work groups;
- Minutes of the work of professional boards and work group;
- Contracts concerning co-financing of selected programs and projects;
- Reports of users of assets on the implementation of projects related to co-financing by the Agency;

5. Separate Acts

- Studies on environmental impact assessment;
- Licenses for the production, traffic and use of ionizing radiation sources;
- Licenses for the import and transit of hazardous waste;
- Licenses for the import and transit of non-hazardous waste;
- EIA licenses (environmental impact assessment);
- CITES licenses (Convention on International Trade in Endangered Species of Wild Fauna and Flora);
- Licenses for the import/export of substances that deplete the ozone layer and products containing those substances or are produced by them;
- Information on the state of the environment for a specific year;
- 2009 Monitoring Program;
- Inspection minutes from sites;
- Integrated licenses for the operation of plants, which is necessitated by a special regulation;
- Licenses for collection, use, breeding, keeping and movement of wild animals;
- Licenses for picking, collection, use, growing, keeping and trade in wild species of plants and fungi;
- Licenses for scientific and educative research on protected natural goods, licenses for work and activities at a caving facility;
- Licenses for the import, export and transit of radioactive substances;
- Licenses for the  import, export and transit of ionizing radiation sources;
- Licenses for the import and export of substances that deplete the ozone layer;
- Licenses for the cross-border movement of waste;
- Licenses for installations for waste collection in ports;

6. Finances

7. Data on employees in the Environmental Protection Agency

- Access to information in relation to civil servants and state employees of the Agency (from personal dossier and other), will be allowed under conditions established by Article 9, paragraph 1 indent 6 of the 
LAW ON FREE INFORMATION ACCESS, as well as by other special regulations by which the subject matter is regulated

III PROCEDURE OF ACHIEVING INFORMATION ACCESS

1. Initiation of proceeding

- The Proceeding is initiated by a written application;
- Administrative fee is not paid for an application;
- An application must comprise:
1. Basic data on requested information;
2. The manner in which information access is to be achieved;
3. Data on the applicant (first name, last name, residence, a company's name and headquarters), or its representative, agent, or proxy;
- An application is submitted in a prescribed form or free form;
- The form of an application can be obtained in the Agency (office no.8);
- The same is found on the web page of the Agency - epa.org.me;

2. The manner of submitting an application

- Directly in archives-office no.8;
- Via mail to the address Environmental Protection Agency, IV Proleterska 19, Podgorica;
- On fax no. 020 618 250, 618 251

3. Manner of the exercise of the right to information access

Information access can be achieved:
- By direct insight into the public records, original or the copy of information in premises of the Agency (office, no.8)
- Through transcription of information by an applicant on the premises of the Agency (office no.5)
- Through transcription, photocopying or translation of information by the Agency and by submitting transcriptions, photocopy or translation to the applicant, directly, via mail or electronically.
- If in part of information, access is limited, the Agency will ensure information access after deleting part of information to which access is limited.
- In part of information to which access is limited, the note "deletion performed" is provided and it gives notification about the volume of deletion (Law on Free Information Access, Article 13).
A body of authority is not obliged to ensure access to information that is published and available in the country or on the internet (Law on Free Information Access, Article 14).

4. Determination by request and legal protection

5. Costs of Proceedings

- Costs of proceedings are paid by a person requesting information access,
- Costs of proceedings relate only to real costs with respect to transcription, photocopying, translation and provision of requested information,
- Costs of proceedings are paid before the execution of a decision,
- Disabled persons do not pay costs of proceedings,
- Costs of proceedings are paid in favor of the budget of Montenegro on the account, no: 820-41123-73

- Contact person for access to information held by the Agency: Nada Jovanovic, grad. Lawyer
- Person authorized for acting on the request for information access: Nikola Golubovic, grad. Lawyer, independent consultant I
- Person for the resolving of complaints against decisions of first instance bodies over which he/she performs supervision: Ministry of Physical Planning and Environmental Protection
Responsible person: Ms Daliborka Pejovic, director

IV Publication of Instructions
These instructions are published on the bulletin board of the Agency and on the web site of the Agency 
www.epa.org.me                                                                               
                                                                                        

                                         Podgorica, 23/07/2009
                                                                                                                  Director
                                                                                                    Daliborka Pejovic
                                                                                     

Here you can take the form of an application for information access download