Reporting format on the Implementation
TEIA/reporting/2013/1
Page 33
REPORTING FORMAT ON
IMPLEMENTATION OF THE UNECE CONVENTION ON THE
TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS
7th Report (2012-2013)
Whenever indicated, please provide replies from the previous reporting round (2010-2011) before inserting the update for the current reporting round (2012-2013).
Country: Republic of Serbia
Person responsible for reporting – please provide the contact details of the person who coordinated this report:
Name: / Ms. Suzana Milutinovic / Is the person a Focal Point for the Convention?YES NO[1] [I-A]
Authority / Ministry of Energy, Development and Environmental Protection / Is this authority designated as a Competent Authority in accordance with the §17 of the Convention?
YES NO [I-B]
E-mail /
Phone number / +381 11 3617 722
+381 11 2694 880
[I-C] Cooperation – please list the authorities at national, regional and local level involved in implementing the Convention, indicate their areas of responsibility and check if designated Competent Authority.
Name of authority / Area of responsibility / Competent AuthorityMinistry of Energy, Development and Environmental Protection / Prevention, preparedness and emergency response, the focal Ministry for the implementation of the Convention / YES NO n.a.
Ministry of Interior-Sector for Emergency Situations / Prevention, preparedness and emergency response, Point of Contact for notification and mutual assistance / YES NO n.a.
Ministry of Agriculture, Forestry and Water Management-Republic Water Directorate / Prevention, preparedness and emergency response / YES NO n.a.
Ministry of Foreign Affairs / International cooperation / YES NO n.a.
Ministry of Labor, Employment and Social Policy-Directorate for Occupational Health and Safety / Prevention-occupational health and safety / YES NO n.a.
Add rows if needed
[I-D] How were these authorities involved in the preparation of this report?
Reply from reporting round 2010-2011
Ministry responsible for environmental protection has been prepared the 6th report. This report was approved by other competent authorities for the implementation of the Convention.
Reply from reporting round 2012-2013
Each of the listed authorities involved in implementing the Convention were involved in the preparation of this report and approved it. Mentioned authorities have been involved in the preparation of the report according to their responsibilities.
Answers to the questions found below should not require more than 250-300 words except for Q.1 to which a comprehensive answer is estimated at 1,000-1,200 words.
POLICY FOR IMPLEMENTATION OF THE CONVENTION
1. Provide a general description of your country’s policy for prevention of, preparedness for and response to industrial accidents, especially relating to the implementation of the Convention and explain how this policy is reflected in national legislation and followed up by authorities.
Reply from reporting round 2010-2011
From the standpoint of national environmental policy, the importance of ratification and implementation of the Convention on the transboundary effects of industrial accidents and implementation of the provisions of Seveso II Directive comes out from correlation between international and national goals in this area. Republic of Serbia adopted the Law on ratification of the Convention in May 2009. By ratification of this Convention Republic of Serbia shown readiness for respecting values which are defined as aim and the base of this and other international agreements, and by accepting of this Convention Republic of Serbia obliged to take measures of prevention of, preparedness for and response to industrial accidents. In framework of working groups established under the Convention, different activities which are important for achieving the basic provisions are carried out, in that way full engagement of Republic of Serbia in these processes has an influence on creation of preconditions for further improvement of national capacities.
Regarding evaluation of the situation in this area, legislation in different areas should be considered. Fundamental legal solutions important for issues which are under the Convention are contained in the following laws: Law on Ministries (Official Gazette RS No. 16/11), Law on Environmental Protection - LEP (Official Gazette RS No. 135/04, 36/09), Law on Environmental Impact Assessment (Official Gazette RS No. 135/04, 36/09), Law on Strategic Environmental Impact Assessment (Official Gazette RS No. 135/04, 88/10), Law on Integrated Environmental Pollution Prevention and Control (Official Gazette RS No. 135/04), Rulebook on contents of notifications about new seveso installations and etablishments, existing seveso installations and establishments, about permanent termination of seveso installations and establishments (O.G. of RS, No. 41/2010), Rulebook on the list of dangerous substances and their quantities on the used for definition of obligation to create Major Accident Prevention Policy, Safety Report and Emergency Plan was created (O.G. of RS, No. 41/2010), Rulebook on contents of Major Accident Prevention Policy and contents and methodology of creation of Safety Report and Emergency Plan (O.G. of RS, No. 41/2010), Law on Chemicals (Official Gazette RS No. 36/09, 88/10, 92/11), Rulebook on the classification, packing, labeling and advertising of chemical and certain product (59/10, 25/11), Rulebook on classification, packing, labeling and advertising of chemical and certain product in accordance with GHS of classification and labeling of the UN (64/10, 26/11), Law on Planning and Construction (Official Gazette RS No. 72/09, 81/09, 64/10, 24/11), Law on explosive substances, flammable liquids and gases (Official Gazette SRS No. 44/77, 45/85, 18/89, Official Gazette RS No. 53/93, 67/93, 48/94, 101/05), Law on trade of explosive substances (Official Gazette SFRJ No. 30/85, 6/89, 53/91, Official Gazette SRJ No. 24/94, 28/96, 68/2002, Official Gazette RS No. 101/05), Law on Emergency Situations (Official Gazette RS No. 111/09, 92/11), Law on Fire Protection (Official Gazette RS No. 111/09), Law on Occupational Health and Safety (Official Gazette RS No. 101/05), Law on Waters (Official Gazette RS No. 30/10).
LEP contain several provisions (article 3 items 21, 23, 24, 30, 31 and 32, articles 29, 34, 35, 36, 37, 38, 58, 58а, 59, 60, 60 (а-ј), 61 (а-c), 62, 63, 78, 81, 81а, 82, 110, 111, 116, 117, 117а, and 120) which are relevant for the Convention. In the article 3 definitions of dangerous substance, risk, accident, operator, seveso installation and establishment are given. Law prescribes that natural and legal person who handles dangerous substances is obliged to take all necessary protective and safety measures in order to reduce risk for environment and human health to the lowest possible level.
Provisions define obligations of the operator of the establishment which carries out the activities where one or more dangerous substances is present or might be present in prescribed quantities, to prepare Major Accident Prevention Policy or Safety Report and Internal Emergency Plan, depending on prescribed quantities of dangerous substances, and to take measures to prevent accident and limit the impact of accident to human life and health and environment. Minister prescribes list of dangerous substances and their quantities and criteria for determine the documents which operator is obliged to prepare. Also, content of Notification, content of Major Accident Prevention Policy, Safety Report and Internal Emergency Plan is prescribed and Minister closely prescribes content and methodology of these documents. Operator is obliged to exchange information and to harmonize Internal Emergency Plan with emergency plans at local and national level. Based on the competencies stipulated in regulations which refer to protection and rescue, national and local authorities shall draw up external emergency plans which are integral part of plans on emergency situations. Ministry shall notify competent authority of another state about hazardous activities which can cause accident with transboundary effects. Notification received from competent authority of another state about hazardous activities which can cause accident with consequences on the territory of Republic of Serbia, Ministry shall submit to authorities which are competent for external emergency plans.
Regarding provisions which refer to inspection, inspector is authorized to order elaboration of MAPP, SR and Internal Emergency plan to the operator, order undertaking of adequate prevention and other measures of environmental protection from dangerous substances, prohibit operation of seveso installation when measures which are set up in MAPP, SR or Internal Emergency Plan are not implemented or are partially implemented, prohibit operation of seveso installation if the operator has not submitted the Notification, MAPP or SR or Internal Emergency Plan within certain deadline, order undertaking of intervention measures and procedures for reaction to accident, implementation of the measures in accordance with the Emergency plan, engaging people, means and undertaking mitigation measures.
By entering into force the Law on amending the LEP in May 2009, conditions are created for the adoption of relevant by-laws for implementation of the provisions on protection from accidents. These by-laws are adopted in 2010.
Protection from accidents belongs to the area of industrial pollution and it is connected with the provisions which refer to environmental impact assessment and integrated environmental pollution prevention and control. Law on Integrated Environmental Pollution Prevention and Control sets up that during the procedure for submission of permit granting application, the approval granted for the accident hazard assessment for new and existing installations should be enclosed and the permit should contain conditions which refer to accident prevention measures and measures for elimination of consequences.
Law on Chemicals shall regulate integrated chemicals management, classification, packaging and labelling of chemicals; Integrated Chemicals Registry and Register of the chemicals placed on the market; bans and restrictions of production, placing on the market and use of chemicals; permits for distribution and permits for the use of particularly dangerous chemicals; placing of the detergents on the market; systematic monitoring of chemicals; data availability; supervision and other important issues related to the chemicals management. Also, obligation of submitting Safety Data Sheet, Chemical safety evaluation and content of Chemical Safety Report is prescribed by this law.
Law on emergency situations contains provisions which regulate preparedness and response in emergency situations at national, regional and local level. Law on emergency situations sets up acting, announce and management in emergency situations, system of protection and rescue of men, material assets and cultural heritage and environment from natural disasters and other large-scale disasters, competences and participation of competent authorities in protection and rescue, civil protection, international cooperation in the area of protection and rescue, etc. Ministry of Interior, in its domain, proposes and implements policy in the protection and rescue issues carries out ratified international agreements, laws and other acts of national assembly and government.
Based on the provisions of this Law, in the area of protection and rescue Ministry of Interior organizes system of observation, notification, early warning and alerting on the territory of Republic of Serbia. This Law regulates coordination and management of protection and rescue in emergency situations and forming headquarters for emergency situations, their area of work, structure and way of work. Also, elaboration of Plans for protection and rescue in emergency situations at all levels is prescribed by this law, as well as that government prescribes regulations on the content and manner of their elaboration. Under this law, protection of technological accidents includes hazardous activities where one or more dangerous substances is present or is likely to be present in prescribed quantities, and among others, obligation of competent authorities at all levels in the development of the external emergency plan. Provisions of this law will be closely defined by adoption of relevant by-laws.
Law on explosive substances, flammable liquids and gases prescribes conditions and manner of production, trade and transport of explosive substances, flammable liquids and gases with the aim to protect human life and health, properties and environment. Law on trade of explosive substances prescribes conditions under which the trade of explosive substances is made. The law envisages undertaking of all preventive and safety measures which ensure protection of human life, health and safety, properties and environment.
Law on Fire Protection contains provisions which set up the system of fire and explosion protection. System of protection against fire includes set of measures and actions for planning, financing, organizing, conducting and controlling of measures and actions for fire protection, prevention of fire and spreading of fire, fire extinguish, rescue of people and property, protection of the environment, determine and eliminating cause of fire, as well as help in eliminating consequences caused by fire. Fire protection is organized and continuously conducted at all sites and objects which are exposed to fire hazard.
Based on this law and provisions on conditions and principles, categorization of objects, activities and land according to fire endangerment is done into 3 categories, depending on process, types and quantities of materials which are produced or stored, type of material used for construction of objects and importance and size of the object. Classification in specific categories is made to determine appropriate organization and undertaking of other measures which are needed for successful functioning and conducting of fire-fighting measures, especially obligation of bringing into force fire protection plan and determine the number of persons and equipment for carrying out fire protection activities.
Law on Occupational Health and Safety defines enforcement of occupational health and safety by applying of preventive measures and means for eliminating the risk from injuries and damage of human health and their reducing. Preventive measures apply during the procedure of projecting, construction, using and maintaining objects, work process technology, equipment, means and self-protection equipment, as well as production, packaging, transport, storage, using and elimination of dangerous substances.
Law on Waters defines protection of waters, protection of harmful impact of waters, using and management of waters. Provisions of this law refer to ground and surface waters, including drinking water and transboundary watercourses. Protection of water against pollution is conducted in compliance with the Plan for water protection. This plan determines measures for prevention or limiting water pollution with dangerous substances, measures for waste water treatment, carrying out intervention measures, and organizations for conducting of specific measures, deadlines for reducing water pollution and responsibilities and competences for water protection. Ministry competent for water management and ministry competent for health and environment prepare Plan for water protection. Plan for water protection adopts government.
The Law prescribes that everyone who notices pollution in the river is obliged to report immediately about this to the proper authorities. The company which caused the pollution in the river is obligated to take proper measures to eliminate the pollution. If the company which caused the accident does not eliminate the pollution, Public Water Management Company (PWMC) will take proper measures to eliminate the pollution and will demand payment from the polluter. This PWMC may ask for help in equipment and man power from local water management company and specialized company.