Department of Environmental Inspection
Description of Affairs of Environmental Inspection
- Enforcement of laws concerning the environment and by-laws through inspection.
- Performance of inspection reviews and inspection procedure in compliance with the Inspection Law and material regulations.
- Performance of regular and emergency inspection reviews.
- Submission of notifications of committed crimes and misdemeanors.
- Preparation and implementation of projects in the area of environmental inspection.
- Joint inspection controls with inspectors from other ministries.
- Drafting of reports and information within its scope, and other affairs which are under the competence of environmental inspection as provided by law, other regulations or general acts.
The Environmental Law ("Official Gazette", no.48/08)
RIGHTS AND OBLIGATIONS OF INSPECTORS
Article 6
In performing inspection affairs, the following is especially controlled:
- the state of the environment in the way provided by this law and regulations set on the basis of this law and by special regulations;
- adoption and implementation of documents concerning sustainable development and environmental protection, and instruments of environmental protection;
- application of standards related to the environment quality, standards of emission;
- whether requirements for integration in the System EMAS are met, that is, whether practice of a legal or physical person in the system EMAS is in accordance with established regulations;
- Implementation of monitoring of the environmental state;
- Submission of prescribed data and reports for needs of the information system of environmental protection and integral register of pollutants;
- drafting, implementation and monitoring of the enforcement of measures from the recovery (bailout) program;
- whether the ecological label for products, processes or services is used properly;
- implementation of obligations from approved international agreements in the area of environmental protection;
- enforcement of other prescribed measures and environmental protection requirements.
AUTHORIZATIONS OF INSPECTORS
Article 68
For the purpose of removing identified irregularities, the environmental inspector, except for rights and obligations defined by the Inspection Law, has the right and obligation to:
- demand proper keeping of records;
- demand drafting of assessment of accident risk, and undertaking of adequate preventive and other measures of environmental protection from hazardous substances in accordance with law;
- demand performance of monitoring of the environmental state in a prescribed manner;
- prohibit the use of ecological label contrary to provisions of this law;
- demand enforcement of measures of environmental protection in accordance with this law;
- demand fulfillment of other prescribed obligations with the aim of preventing environmental pollution;
· The Regulation on the level of fees, the manner of calculations and payment of fees for environmental pollution ("Official Gazette of MNE" no.26/97, 9/00, "Official Gazette of MNE", no.33/08, 05/09)
· The Rulebook on the form, content, method of printing and the use of vignettes ("Official Gazette of MNE", no.81/08)
· The Rulebook on the emission of polluting substances in the air ("Official Gazette", no.25/2001)
· The Law on the Environmental Impact Assessment ("Official Gazette", no.80/05)
· The Regulation on projects for which environmental impact assessment is performed ("Official Gazette of MNE", no.20/07)
· The Rulebook on the contents of the documentation which is submitted with an application for making a decision on the need for environmental impact assessment. ("Official Gazette of MNE", no.14/07)
· The Rulebook on the contents of the documentation which is submitted with an application for defining the scope and contents of the study on environmental impact assessment ("Official Gazette of MNE", no.14/07)
· The Rulebook on the contents, form and manner of keeping the public register on procedures and decisions with regard to environmental impact assessment ("Official Gazette", no.14/07)
· The Rulebook on the contents of the study on environmental impact assessment ("Official Gazette of MNE" no.14/07)
· The Law on Strategic Environmental Impact Assessment ("Official Gazette of MNE", no.80/05)
· The Law on Integrated Prevention and Control of Environmental Pollution ("Official Gazette of MNE", no.80/05)
· The Regulation on criteria for the determination of best available techniques, for the application of standards regarding quality, and for the determination of limit values of emissions in an integrated permit ("Official Gazette of MNE", no.7/08)
· The Regulation on the contents of the programme of measures related to the harmonization of the operation of existing plants or activities with prescribed conditions ("Official Gazette of MNE", no.7/08)
· The Regulation on types of activities and facilities for which an integrated permit is issued ("Official Gazette of MNE", no.7/08)
· The Rulebook on the contents, form and manner of meeting requirements for the issue of an integrated permit ("Official Gazette of MNE", no.3/08)
· The Rulebook on the contents and manner of keeping the register of issued integrated permits. ("Official Gazette of MNE", 3/08)
· The Rulebook on the contents and form of an integrated permit ("Official Gazette", no.3/08)
· The Waste Management Law ("Official Gazette of the MNE", no.80/05)
· The Rulebook on the criteria for the choice of locations, the manner and procedure of waste material disposal ("Official Gazette of the MNE", no.56/00)
· The Regulation on criteria, the level and manner of payment of special fees for waste management ("Official Gazette of MNE", no.11/09)
· The Waste Management Plan in Montenegro for 2008-2012 ("Official Gazette", no.16/08)
· The Law on Air Quality ("Official Gazette of the RMNE", no.48/07)
· The Regulation on the determination of types of polluting substances, limit values and other standards of air quality ("Official Gazette of MNE", no.45/08)
· The Regulation on substances that deplete the ozone layer ("Official Gazette of MNE", no.69/08)
· The Rulebook on allowed concentrations of hazardous substances in the air ("Official Gazette of the SRMNE", no.4/82, 8/82)
· The Rulebook on the investigation methodology, deadlines and the manner of notification of monitoring results and ascertainment of hazardous substances in the air on the sources of pollution. ("Official Gazette of the SRMNE", 4/82)
· A Decision on the establishment of measuring sites in which measuring, professional analysis and assessment of air pollution in the Socialist Republic of Montenegro ("Official Gazette of the SRMNE", 6/86)
· The Nature Protection Law ("Official Gazette of MNE, no.51/08)
· A Decree on the establishment of the Institute for Nature Protection of MNE ("Official Gazette of MNE", no.15/09)
· The Rulebook on types and criteria for the determination of kinds of habitats, the manner of drafting of the habitats map, the manner of assessment of the state and vulnerability of habitats, contents of the annual report, measures of protection and preservation of kinds of habitats. ("Official Gazette of MNE", no.80/80)
· The Law on National Parks ("Official Gazette of the RMNE", no.47/91)
- A Decision on putting certain plant and animal species under protection ("Official Gazette of RMNE", no.76/06)
· The Law on Chemicals ("Official Gazette of MNE", no.11/07)
· The Law on Ionizing Radiation Protection ("Official Gazette of the FRY", no.46/96)
· The Foreign Trade Law ("Official Gazette of the RMNE", no.28/04)
· The Law on Transport of Intoxicating Substances ("Official Gazette of MNE", no.05/08)
· The Inspection Law ("Official Gazette of the RMNE", no.39/0)
OBLIGATIONS AND AUTHORIZATIONS IN THE REMOVAL OF IRREGULARITIES
Article 15
For the removal of ascertained irregularities, inspector is authorized and obliged, with regard to an entity of supervision, to:
1) indicate ascertained irregularities and determine the deadline for their removal;
2) order undertaking of adequate measures and actions within the specified deadline;
3) prohibit temporarily the performance of activities and other actions;
4) confiscate temporarily objects and means with which a punishable offence has been committed.
5) impose a fine, in accordance with law and other regulations;
6) submit an application for the initiation of misdemeanor procedure
7) submit criminal or other relevant claims;
8) perform other authorizations and obligations in accordance with regulations.
ADMINISTRATIVE MEASURES AND ACTIONS
Article 16
When it is ascertained that law and other regulations are violated or that prescribed standards or norms are not observed, the inspector is required to undertake administrative measures and actions:
1) order the opening or closing of facilities and premises;
2) order the cessation of construction, that is performance of works;
3) order the demolition, removal of a facility whose construction has been initiated illegally and the removal of objects from a specific area.
4) order the withdrawal of goods from traffic, or their distribution;
5) order the confiscation or destruction of things, goods or other products, and animals;
6) prohibit the use of space, means of work, equipment, machinery, devices, business and other facilities, transportation and other means;
7) prohibit the use of funds on the business account;
8) prohibit the production, use and transport of goods or service provision;
9) prohibit the movement of persons in a specific place, when there is a risk of endangering lives and health of physical persons;
10) prohibit the performance of any action by which the environment and property are endangered, or lives or health of physical persons are threatened;
11) confiscate objects, devices, and assets of work and other means by which a criminal offence has been committed, until a decision of a competent body;
12) confiscate achieved property benefit, until a decision of a competent body
13) order undertaking of other measures by which the removal of ascertained irregularities is performed, in accordance with special regulations.
Measures and actions from paragraph 1 of this Article are valid until the irregularities have been removed, that is as long as the circumstances, for which they have been undertaken, exist.
The Inspector can undertake, at the same time, more administrative measures or actions when the public interest or the purpose or the goal of supervision requires that.
The Law on General Administrative Procedure ("Official Gazette of the RMNE", no.60/03)
The Law on Misdemeanor ("Official Gazette of the RMNE", no.25/94)
The Criminal Code ("Official Gazette of the RMNE", no.70/03, 13/04)
The Law on the Responsibility of Legal Persons for Criminal Offences
Contact:
Veselinka Zarubica - chief ecological inspector - 020 618 365
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Pavle Radoman - Inspector for ecology I - 020 618 395
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Radoman Vukic - Inspector for ecology I - 020 618 395
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Sreten Tosic - Inspector for ecology I - 020 618 395
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Sejo Djukic (Pljevlja, Bijelo Polje, Berane, Rozaje, Plav, Andrijevica, Mojkovac, Zabljak)
- Inspector for ecology I - 020 618 395
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Vucinic Vesna - Inspector for ecology I - 020 618 395
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Raicevic Dragan - Inspector I - 020 618 395
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