Prof. Anđelka Mihajlov: Serbia: Chapter 27

Environment and green economy

We are on a long road in chapter “Environment and climate change” (Chapter 27 in European integration process). Let us remind ourselves where we stand now. We are waiting for a Screening report from European Comission, that will contain recommendations on beginning of negotiations, with or without requirements. During November of the previous year on “bilateral screening” in Brussels we have presented our work so far and our plans in all sectors: climate change, horizontal sector, air, waste, water, nature, industrial pollution, chemicals, noise and civil protection. European Commission asked for additional explanations in December of the previous year, which has not been the practice in the countries that joined the EU. We have formulated our answers and submitted them in form of “post-screening” document to the EC in September of 2015 (the full title of the document is: “Status and plans for transfer and implementation of the acquis communautaire for Chapter 27: Environment and climate change”).

So, we wait without stopping. The road of the Chapter 27 is very important, with many difficulties, visible and invisible ramps and toll stations, a road that should be repaired and upgraded continuosly. It is very important that NGO initiatives (associations of citizens, proffesional associations, experts, business associations, journalists with an adequate knowledge etc) make the road acceptable, with fewer potholes.

The issues regarding environment (then without climate change) that were supposed to be addressed by countries that joined EU ten years ago seem “easy” from today’s perspective – it was only necessary then to incorporate EU legislation into national law. The implementation of law for those countries was mainly postponed for period when they become EU mebers. I’ll give an example from my favourite area of expertise – waste. When I worked as a technical expert of UN Basel Convention fifteen years ago on preparation of documentation on waste during EU accession process of another country, we have successfuly finished the transfer of legislation and implementation plans, but that country (and many others in EU) still don’t have all necessary facilities and systems for adequate waste management, and they are still in the process of building the necessary infrastructure. Also, for some countries that are in EU since foundation, waste still represents an issue, and they are often paying penalties for inadequate treatment.

Those issues arise because the solutions are technically and financially demanding. Situation is similar in water management sector, climate change and all other sectors within the Chapter 27.

Today, adequate legislation is only necessary but not the sufficient condition for EU membership. With its Seventh Environment Action Programme (which became part of EU regulations in January of 2015) EU have decided to demand the implementation from new member states.

We are striding on the road to EU, when the demand is not only to transfer the legislation, but to implement it to a significant extent. Therefore, it is not sufficient to enact a law on waste which is harmonized with EU directives, but to provide conditions for use: institutions, infrastructure (system of collection, treating, recycling and disposal), monitoring and inspection, which all demand significant financial resources.

I’d like to underline one more thing. Citizens think that central government is the only instance responisble for funding sustainable growth, which is only partially true. Laws in this sphere in our country are highly decentralized, which implies that each local government should seriously tackle with environment issues on territory under its jurisdiction. For example, municipal waste is the sole responsibility of local government. Experiences of other countries show that the “burden” of EU accession in the field of environment and climate change is shared in a following way: central government (10-20%), industry (30-50%) and local government (30-50%).

I won’t discuss industry this time, because industy in our country is perfectly aware of those issues, starting from “healthy” companies that have reached EU standards, to companies halted in unresolved historical pollution, wastewater facilities and waste disposal, and I’m sure that there will be plenty of initiatives in coming years.

This time I want to emphasize the responsibility of local government, which includes planning and securing funding for resolving issues related to environment and climate change. It seems to me that, besides some positive examples, the majority of local governments simply sweeps this responsibility under the rug, or timidly mention the need for re-centralization. In the field of environment and climate change, harmonization and achievement of standards is an active process even for those countries already in EU. For example, in the framework of “fit test” of EU legislation, which is now being conducted by Juncker commission, even waste management can undergo change – so regardless whether the country is a member state or candidate, it would have to adapt.

If you thought that this is complicated, I must note that the route along the Chapter 27 is even more difficult. I’d like to point out that it is influenced by conclusions of recent UN Sustainable Development Summit in New York, and it will influence decisions of UN Framework Convention on Climate Change, that will be held in Paris in December. I’ll try to explain how. EC under the leadership of Jean-Claude Juncker has ten priorities aimed to bring concrete results to the citizens. Among those priorities are two I’d like to emphasize: policy of influencing climate change and Europe as a stronger factor on global scene. The second one, observed from a viewpoint of candidate state, reaffirms the importance of implementation of numerous multilateral agreements in field of environment and climate change, that are ratified by our country, and now implementation of those contracts and joining EU go along the same path, and refers EU towards partnerships with international organizations, such as UN system and others. Slovakia has announced that sustainable development will be one of the priorities of its presidency over EU in 2016.

We have passed only a fragment of a long road ahead of us in Chapter “Environment and climate change”. There is no time nor space to rest or wait. There are many obstacles ahead, road is complicated, demanding, complex and expensive. It is important not to lose our direction and that each obstacle we pass serve as an incentive, because striding the path of road 27 is a permanent process.

~~~

Prof. Anđelka Mihajlov, member of the Public Policy Institute and member of the Negotiation team for negotiation of accession or Republic of Serbia to the EU