III International Conference
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III International Conference
ECOLOGY OF URBAN AREAS
AIR QUALITY IN URBAN AREAS IN SERBIA: CURRENT STATE
AND LEGAL PROTECTION
, Vera Batanjski
Institute of Criminological and Sociological Research, Belgrade, Serbia
a.batricevic@yahoo.com, vera.batanjski@gmail.com
ABSTRACT
Satisfactory level of air quality is one of key preconditions for the survival of all living organisms. Due to rapid
industrial development, increased traffic and everyday use of toxic substances in industry, agriculture, health
care, pharmacy and cosmetics, air pollution, particularly in urban areas, has become a serious global issue. The
consequences of this environmental, legal, social, economic and medical problem are long-lasting and
devastating. They affect environment as a whole and its integral parts air, water, soil, living organisms and the
entire humankind, including future generations, and represent grave violations of human right of healthy living
environment. Annual Reports of Environment Protection Agency show that air quality in the zone of the Republic
of Serbia and its agglomeration
means that tolerable values of one or more air pollutants have been exceeded in these areas, causing serious
concern of experts and general public. The authors of this paper provide a brief overview of present state of air
quality in Serbia, critically analyze current legislative framework for its protection and explain the mechanism
of state reaction to the violation of legal provisions relevant to air protection.
Key words: Air Quality, Environment, Pollution, Law, Protection.
INTRODUCTION
Air is one of three mediums of living environment for numerous organisms and appropriate oxygen
level makes it the only surrounding where humans can survive. As a climatic, non-biotic ecological
factor, air has an exceptional influence on some organisms and populations, as well as on ecosystem as
a whole. Air comprises a mechanical mixture of gases, which envelops the Earth creating its
atmosphere. It includes circa 4/5 of Nitrogen N2, 1/5 of Oxygen O2 and a small quantity of other
gasses such as Argon Ar, Carbon-dioxide CO2, Neon Ne, Methane CH4, Ozone O3, water vapor and
various impurities (Vig and Gajinov, 2011). In the lower layer of the atmosphere, where life is
maintained and various organisms are surviving, the composition of the air is relatively stable.
Unchanging chemical and physical characteristics of air are significant for normal functioning of all
living organisms and clean air represents a precondition for healthy life of humans and entire
ecosystems. But, the troubles appear when the balance of its ingredients is violated (Vig and Gajinov,
2011).
commonly caused by anthropogenic sources of pollution. However, in the past couple of decades, the
modifications of air quality tend to go beyond local borders and obtain global character and
importance. Intensive spreading of urban and industrial zones commenced in the times of industrial
revolution. Nowadays, the highest concentration of human population can be measured in urban areas.
In these artificial ecosystems, regular composition of air is altered because of an increasingly high
percentage of air pollutants. These pollutants are launched into the atmosphere from industrial and
communal complexes, car engines, cooling devices etc. Due to these sources of pollution, the air is
filled with CO2, CH4, SO2, atmospheric oxidants (nitrate oxides NOx, O3 and secondary photo
oxidants), chlorofluorocarbons CFCs (commonly known as freons), hydrogenous halides (HF, HCl,
HBr, HI), as well as a large amount of dust and ashes. Increased concentration of these substances in
inhabited industrial areas represents one of the signs of anthropogenic pollution of atmosphere.
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Various gases and hard substances are mixed together circulating through air masses. Molecules of
water keep these substances together, particularly during the winter, in the period of increased air
humidity, causing dense layers of fog. These fogs and mists, combined with smoke arising from a
multitude of industrial and other funnels represent typical features of large industrial urban centers.
Due to sunlight and presence of ultraviolet UV radiation, a stratum of photo-chemical mist is also
formed in the atmosphere that is over-polluted with car exhaust gases and smoke from car engines and
industrial funnels, such as NOx at first place (Kerr and Seckmeyer, 2002).
Deterioration of forests in the most developed industrial areas of Europe and North America, caused
-ground parts of plants, particularly on the
leaves in the canopy layer of the trees, has been taking place since the times of industrial revolution.
Sulfuric compounds, primarily SO2
that are extremely dangerous for living organisms, water, soil, architectural objects and monuments.
Under these artificial atmospheric conditions, constant increase of the concentration of CO2, CFCs,
CH4 and NOx
ocean level and flooding of coastal regions. At the same time, more and more natural habitats are
being destroyed and left with scarce vegetation as the consequence of the process of anthropogenic use
cal issues of global
importance.
The symptomatology of damages caused by atmospheric pollutants is extremely diverse and
nonspecific. A particular pollutant may produce different effects on different organisms, which
depends on whether they are resistant or submissive to its influence and the presence of different
pollutants may produce equal symptoms. Synergic effects of pollutants and specific climatic
conditions of environment are also common
and
. Polluted air causes
extremely severe respiratory disturbance and may lead to the occurrence of bronchitis. The so called
collected by The European Environmental Agency1, nearly 20,000 people per year die in Europe due
x and CFCs, disappearance of which produces a
multitude of negative consequences. The level of UV radiation in the troposphere is increased
(Dahlback, 2008), which affects human health (Norval, et al., 2007 ) and causes skin cancer, eye lens
cataract, weakness of immune system, decrease of bio production, increase of greenhouse effect,
damaging of some materials etc.2 Conservation and protection of air i.e. atmosphere contributes to the
preservation of climate, which is considered one of fundamental strategic directions on a global level,
together with the conservation of biodiversity. Accordingly, air protection is relevant to the
conservation of all elements of living environment, which are closely interrelated and depend on each
other.
STATE OF AIR QUALITY IN URBAN AREAS IN SERBIA
Data presented in the Report on Air quality in Serbia for 2011, published by Environmental protection
Agency in 2012, clearly show that there is reason for concern in this area of environmental protection.
According to the findings of this national body in charge of monitoring air quality, total levels of
various dangerous pollutants such as SO2, NO2 and powder substances have increased in comparison
to their values from previous years. Namely, total amount of SOx released on the territory of Serbia
was circa 7% bigger in 2011 than in 2010, total amount of released NOx increased for around 15%
and an increase in total quantity of powder substances in the air was also detected. Thermal plant
1See: http://www.eea.europa.eu/themes/air/air-quality/more-about-air-pollutants/ozone-1/impacts/costs-ofozone-pollution, 22.08.2013.
2 See: http://www.ozonecell.com/viewsection.jsp?lang=0&id=0,165, 22.08.2013.
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y keep emitting the largest
quantities of these hazardous substances in our country.
Exceeding of tolerable or limit annual value of pollutants was noted in 22 cases out of 124. In 12
cases, there was an increase in the level of PM 10, in 7 cases in the level of NO2 and in 3 cases in the
level of SO2.These finding show that suspended particles PM10 represent dominant pollutants in
Serbia, which means that the concentrations of suspended particles and NOx practically determine the
quality of air in the Republic of Serbia. In accordance with the categorization of air into three
categories, depending on its purity, which is set by the Law on Air Protection, the quality of air in
Serbia, as a whole, can be described as the air of III category, which means over-polluted air. Air of III
category or over-polluted air, containing suspended particles PM10
-polluted air containing intolerable amounts of other pollutants
at following spots: Kopao
-Ashes Deposit, Kostoalc, Smederevo-Institute for Fruit Production,
-Sveti Sava School, Valjevo and Vranje. However, final assessment of air quality in Serbia,
conducted in accordance with relevant rules of estimation, shows that it is over-polluted.3
LEGAL PROTECTION
FRAMEWORK
OF
AIR
QUALITY
IN
SERBIA
CURRENT
LEGAL
International documents
The following international documents regulating the issue of global air pollution can be singled out as
the most important: 1) The 1979 Geneva Convention on Long-range Transboundary Air Pollution4,
ratified by SFRJ in 1986, with additional protocols such as: a) The 1984 Geneva Protocol on Longterm Financing of the Co-operative Program for Monitoring and Evaluation of the Long-range
Transmission of Air Pollutants in Europe (EMEP), b) The 1991 Geneva Protocol concerning the
Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes; c) The 1998
Aarhus Protocol on Persistent Organic Pollutants (Bull, 2003), d) The 1999 Gothenburg Protocol to
Abate Acidification, Eutrophication and Ground-Level Ozone and 2) The Vienna Convention for the
Protection of the Ozone Layer5 ratified by the Republic of Serbia in 1990 with the Montreal Protocol
on Substances that Deplete the Ozone Layer6, ratified by the Republic of Serbia in 2004 (Vig and
The Geneva Convention obliges its member states to promote environmental protection through the
protection of air from pollution and gradual decrease and suppression of pollution, to develop policies
and strategies for combating release of pollutants in the air, to exchange information relevant to air
protection and pollution, to cooperate in the field of research in the area of air quality, to control the
state of air quality and establish adequate mechanism for air quality control, to prescribe limit
measures that would contribute to the efficiency of air protection, to develop technologies for
minimization of release of pollutants and for measurement of their concentration, to participate in the
The Vienna Convention obliges its signatories to prevent the
pollution of air by the substances that might damage the ozone layer, to prescribe acceptable
modalities of use of substances that might deplete the ozone layer, to create a list of these substances,
3
Beograd: Ministarstvo energetike,
4 Convention on Long-range Transboundary Air Pollution, Geneva, 13 November 1979, UNTS, vol. 1302, p.
217.
5 Multilateral Vienna Convention for the Protection of the Ozone Layer (with annexes and Final Act).
Concluded at Vienna on 22 March 1985, registered ex officio on 22 September 1988, UNTS, vol. 1513, No.
26164, p. 293.
6 The Montreal Protocol on Substances that Deplete the Ozone Layer
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to determine the modalities of their use, import and export and to keep records of trans-boundary and
poll
The European Union7 has also dedicated a significant amount of legislative documents to the issue of
air quality and air protection (Vig and Gajinov, 2011). Actually, air quality seems to be one of the
areas in which the EU has been most active. Since the early 1970s, the EU has been working to
improve air quality by controlling emissions of harmful substances into the atmosphere, improving
fuel quality, and by integrating environmental protection requirements into the transport and energy
sectors8. European air pollution policy has a long history and some notable successes to its name. The
most recent wave of policy was launched in 2005 with the Thematic Strategy on Air Pollution
designed to make substantial progress towards the long-term EU objective: to achieve levels of air
quality that do not result in unacceptable impacts on, and risks to, human health and the environment9.
Although the Republic of Serbia is not an EU member state, being familiar with and acting in
accordance with the sources of EU law pertinent to environment protection in general, including those
regulating air quality and pollution, is a necessary step on the road of our country towards European
integrations.
pertinent to air
protection have been adopted in the past couple of decades, including the following: 1) Directive
2008/50/EC on ambient air quality and cleaner air for Europe, 2) Directive 96/62/EC on ambient air
quality assessment and management, 3) Directive 1999/30/EC relating to limit values for sulfur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, 4)
Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air, 5)
Directive 2002/3/EC relating to ozone in ambient air, 6) Directive 2004/107/EC relating to arsenic,
cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air, 7) Council Decision
97/101/EC establishing a reciprocal exchange of information and data from networks and individual
stations measurement ambient air pollution within the Member States, 8) Directive 80/779/EEC of 15
July 1980 on air quality limit values and guide values for sulfur dioxide and suspended particulates.
Law on Air Protection
The Republic of Serbia has recently adopted a single legislative document entirely dedicated to the
issue of air protection Law on Air Protection10 of 2009 with the latest amendments and alterations
made in 2013. By adopting this law, the Republic of Serbia implemented the entire content of the
Directive 2008/50 EC on Ambient Air Quality and Cleaner Air for Europe in its national legislation
and fulfilled normative preconditions for harmonization of domestic and EU practice in this field.11
This law arranges the air quality management and establishes the measures, manners of organization
and control of the protection and improvement of the quality of air as a natural value of general
interest that is under special protection. However, the provisions of the Law on Air Protection are not
applied in the cases of pollution caused by radioactive substances, industrial accidents and natural
disasters (Art. 1). The fundamental aim of the Law is to achieve air protection through: establishment,
maintenance and improvement of a single system of air quality management, preserving and
improving air quality through establishing and implementation of protective measures in order to
prevent or decrease harmful consequences on health and/or environment, avoiding, preventing and
decreasing the pollutions that harm the ozone layer and enhance climate changes, monitoring,
collecting and assessing the appropriate data on air quality, providing available data on air quality,
completing duties in accordance with ratified international contracts and international cooperation in
the field of protecting and improving air quality and ensuring the access of public to these information
(Art. 2).
7 In further text, abbreviation EU will be used for European Union
8 See: http://ec.europa.eu/environment/air/index_en.htm, 12.08.2013.
9 Thematic Strategy on Air Pollution, Commission of the European Communities, Brussels, 21.9.2005.
10 Law on Air Protection, Official Gazette of RS, No. 36/09 and 10/13
11
u Republici Srbiji 2011. godine.
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Law on Air Protection defines air as the air in troposphere at the open space that does not include air
in the closed space (Art. 3). It prescribes essential empowerments (authorizations) and duties pertinent
to the protection and improvement of air quality. The protection and improving of the air quality is
conducted by the Republic of Serbia, autonomous province, local self-government unit, business
associations, entrepreneurs, as well as by other legal or natural persons in accordance with their
authorizations. Accordingly, the Law obliges business associations, other legal entities and
entrepreneurs that affect or could affect the air quality while performing their activities to provide
technical measures for preventing or decreasing the emission into the air, plan the costs of protecting
the air against pollution within investment and manufacturing costs, monitor the effect of their
activities to air quality and provide other appropriate protective measures. The quality of air and
emissions are monitored by competent state administrative bodies and legal persons licence to perform
these activities (Art. 4).
According to the pollution level, starting from the prescribed limit and tolerable values and based upon
measurement results, the Law distinguishes three categories of air quality. The first is the category of
pure or slightly polluted air, where none of the limit values of the pollutants are exceeded. The second
comprises moderately polluted air, meaning that limit values of one or more pollutants are exceeded,
but tolerable values are not. The third refers to over-polluted air, which means that tolerable values for
one or more pollutants are exceeded. It is important to mention that if a tolerable limit has not been
prescribed for a pollutant, its limit value shall be treated as the tolerable one. The categories of air
quality are established once a year and the list of air quality categories by zones and agglomerations in
the territory of the Republic of Serbia is adopted by the government and published in the Official
Gazette, via electronic media and on the web site of the Government and the Ministry (Art. 21). The
Law prescribes measures designed to contribute to the protection and improvement of air quality. So,
in the zone or agglomeration where air quality is assessed as the first category, preventive measures
should be implemented with the aim to prevent the emergence of air pollutants that would exceed the
limit values. In the zones or agglomerations of the second category of air quality measures for
decreasing air pollution are implemented in order to reach limit values or decrease below them. In the
zones or agglomerations where air quality is assessed as category three, measures for decreasing air
pollution are implemented in order to achieve the tolerable values for short ang long term provision of
limit values (Art. 22.).
Law on Air Protection is familiar with several administrative offences (misdemeanors) that represent
Fine between 500,000 and 1,000,000 RSD will be imposed on a legal person that: 1)
fails to develop t
tionery sources emission, 2) fails to provide
the staff training in accordance with the professional education programme, 3) performs the activities
of manufacturing, maintaining and/or repairing the products containing substances that deplete the
ozone layer
4) imports and/or exports and sells new products and
equipment that use the controlled substances that deplete the ozone layer apart from
chlorofluorohydrocarbons, 5) releases substances that deplete the ozone layer and fluorinated
greenhouse gases GHGs 6) loads the systems that use fluorinated GHGs with substances that deplete
the ozone layer 7) does the wash out with substances that deplete the ozone layer 8) sells and uses
tanks for one-off use where the substances that deplete the ozone layer and fluorinated GHGs are
stored, 9) retails the substances that deplete the ozone layer and fluorinated greenhouse gases, 10) fails
to submit the data on the stationery air pollution source and each its change (reconstruction) to the
Ministry, i.e. Agency, competent autonomous province body and competent local self-government
unit body, 11) fails to keep records on the exercised measurement with the data on measurement
locations, results and frequency, 12) fails to keep records on the type and quality of raw materials, fuel
and waste in the combustion process, 13) fails to keep records on the work of machines for preventing
or decreasing the pollutants emission, as well as
measurement installations for emission
measurement, 14) fails to perform the air quality and/or emission measurement in accordance with the
Law, 15) starts the measurement before
license, 16) fails to perform the air
quality and/or emission measurement in accordance with the Law or 17) starts the measurement
before getting the agreement by the Ministry. For this misdemeanour a fine can be declared in line
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with the amount of the harm done, the value of the obligation that has not been fulfilled or the value of
goods or other objects that are the subjects of this offense, up to the amount twenty times higher than
these values. A responsible person within the legal person may also be found liable for this
misdemeanour and can be punished with fine from 25,000 to 50,000 RSD. A legal entity that
committed some of the aforementioned misdemeanours can also be imposed a protective measure
the legal person may also be imposed a protective measure by which the court forbids him to perform
particular tasks for one year (Art. 81).
The Law prescribes fine from 250,000 to 500,000 RSD for the entrepreneur that: 1) fails to develop
ing the stationery sources emission, 2) fails to implement the measures
with the aim of decreasing the volatile organic compounds emission 3) fails to provide the staff
training in accordance with the professional education programme in accordance with the Law, 4)
performs the activities of manufacturing, maintaining and/or repairing the products containing
icense , 5) produces substances that
deplete the ozone layer, 6) imports or exports substances that deplete the ozone layer, i.e. products and
equipment containing them, and which are identified by ratified international contracts from the
countries, i.e. into the countries that are not the signing parties of that contract, 7) imports and/or
exports and sells the substances that deplete the ozone layer and fluorinated GHGs without license, 8)
imports and/or exports and sells new products and equipment that use the controlled substances that
deplete the ozone layer apart from chlorofluorohydrocarbons, 9) releases substances that deplete the
ozone layer and fluorinated greenhouse gases, 10) loads the systems that use fluorinated GHGs with
substances that deplete the ozone layer, 11) does the wash out with substances that deplete the ozone
layer, 12) sells and uses tanks for one-off use where the substances that deplete the ozone layer and
fluorinated GHGs are stored 13) retails the substances that deplete the ozone layer and fluorinated
GHGs, 14) fails to remove defect or disorder, i.e. to adjust the work to the new situation or fails to stop
the technological process, in order to bring the emission to the allowed limits as soon as possible,15)
fails to take technical-technological measures or to stop the technological process, in order to bring the
concentrations of the pollutants to the prescribed limit values, 16) fails to implement the measures that
can lead to the odour reduction, although the concentration of the emitted matters in waste gas is
below the limit value 17) fails to submit the data on the stationery air pollution source and each its
change (reconstruction) to the Ministry, i.e. Agency, competent autonomous province body and
competent local self-government unit body, 18) fails to provide the regular emission monitoring and
do not keep records on that, 19) fails to enable permanent emission measurement if they are prescribed
for specific pollutants and/or pollution sources independently, through automatic machines for
permanent measurement, 20) fails to enable control measurement of emission by an authorised legal
entity, if emission measurement is exercised independently, 21) fails to provide prescribed occasional
emission measurement, by an authorised legal entity, twice a year, unless exercising the permanent
emission measurement, 22) fails to enable the air quality monitoring upon the order of the competent
inspection body, 23) fails to keep records on measurement and data on its locations, results and
frequency 24) fails to keep records on the type and quality of raw materials, fuel and waste in the
combustion process, 25) fails to keep records on the work of machines for preventing or decreasing
the pollutants emission, as well as measurement installations for emission measurement, 26) starts the
measurement before obtaining Minis
this misdemeanour a fine can be declared in
line with the amount of the harm done, the value of the obligation that has not been fulfilled or the
value of goods or other objects that are the subjects of this offense, up to the amount twenty times
higher than these values. Protective measure of forbidding the performance of a specific activity for
the period of up to three years may also be imposed (Art. 83).
Criminal Code of the Republic of Serbia
Current Criminal Code of the Republic of Serbia12, which entered into force on 1st January 2006,
contains several incrimination of direct or indirect importance for the protection of environment in
12 Criminal Code of RS, Official Gazette of RS, No. 85/05, 88/05, 107/05, 72/09, 111/09 and 121/12
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s are
Failure to Undertake Environmental Protection Measures (Art. 260), Illegal Construction and
Operation of Facilities and Installations Polluting the Environment (Art. 262), Damaging
Environmental Protection Facilities and Installations (Art. 263) and Damaging the Environment (Art.
264). The Code does not explicitly mention the protection of air quality in the titles of these
Protection13, according to which environment represents a set of natural and man-made values whose
complex mutual relations make up environment i.e. area and conditions for life and natural value is
natural wealth that comprises air, water, soil, forests, geological resources, plants and animal life (Art.
3). Naturally, all of the offences that are directed against the environment in general at the same time
represent attacks on its integral parts, including air and its quality. Criminal offence of Environmental
Pollution exists if a person by violating the regulations on protection, preservation and improvement
of the environment pollutes air, water or soil to larger extent or over a wider area. The punishment is
imprisonment from 6 months up to 5 years and fine. If the offence is committed with negligence, the
offender shall be punished by fine or imprisonment up to two years. On the other hand, if the offence
results in destruction or damage to animal and plant life to large extent or environmental pollution in
such extent that its revitalization requires a longer period of time or great expense, the offender shall
be punished by imprisonment of one to eight years and fine. If the offence results in destruction or
damage to animal and plant life to large extent or environmental pollution in such extent that
revitalization requires longer period of time or great expense, the offender shall be punished by
imprisonment of six months to five years and a fine (Art. 260). Criminal offence of Failure to
undertake Environmental Protection Measures is committed by an official or responsible person who
fails to undertake the stipulated environmental protection measures, or fails to proceed according to
orders of competent authority in respect of environmental protection. For the basic form of this
criminal offence, imprisonment up to three years or fine may be imposed. If the offence is committed
with negligence, the offender may be punished by fine or imprisonment up to one year. However, if
the offence resulted in environmental pollution, the offender shall be punished for the offence of
Environmental Pollution (Art. 261). Illegal Construction and Operation of Facilities and Installations
Polluting the Environment is a criminal offence committed by an official or responsible person who,
contrary to regulations on environmental protection, preservation and improvement, allows
construction, start-up and operation of facilities and installations or use of technologies that pollute the
environment to larger extent and over a wider area. The punishment for this criminal offence is
imprisonment of six months to five years. If the offence results in destruction of animal and plant life
to high extent or pollution of the environment to such degree that revitalization would require a long
period of time or great expense, the offender shall be punished by imprisonment of one to eight years
(Art. 262). Damaging Environmental Protection Facilities and Installations exists if a person damages,
destroys, removes or otherwise makes inoperable facilities or installations for environmental
protection. Imprisonment up to three years may be imposed on the perpetrator of this criminal offence.
If the perpetrator acted with negligence, he shall be punished by fine or imprisonment up to one year.
If the consequence of the offence was air, water or soil pollution to larger extent or over a wider area,
the offender shall be punished by imprisonment of six months to five years and if the pollution of air,
water or soil to larger extent or over a wider area, the offender shall be punished by imprisonment up
to three years. If the offence resulted in destruction or damage of animal and plant life to high extent
or pollution of the environment to such degree that revitalization would require a long period of time
or great expense, the offender shall be punished by imprisonment of one to eight years. If more serious
forms of this offence result in destruction or damage of animal and plant life to high extent or
pollution of the environment to such degree that revitalization would require a long period of time or
great expense, the offender shall be punished by imprisonment of six months to five years (Art. 263).
Criminal offence of Damaging the Environment is committed if a person causes damage to the
environment to large extent or over a wider area by violating regulations, through use of natural
resources, construction of buildings, executing works or in any other manner. The punishment
13 Law on Environmental Protection, Official Gazette of RS, No. 135/04, 36/09, 36/09, 72/09 and 43/11
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prescribed is imprisonment up to three years. If the perpetrator acted with negligence, he shall be
punished by fine or imprisonment up to one year (Art. 264).
The court may p
-69) for
each of the aforementioned criminal offences. In such cases, the court may to order the offender to
undertake particular measures to correct the detrimental consequences to the environment within a set
period of time. In its decision on suspended sentence, the court may also order that previously
determined penalty shall be enforced if the convicted person fails to restore material benefit acquired
by the commission of criminal offence, fails to compensate the damage he caused by the commission
of criminal offence or fails to fulfill other obligations provided by the provisions of criminal
legislation. The deadline for the fulfillment of these obligations is set by the court within the specified
CONCLUSION
Available data show that the quality of air in Serbia is constantly deteriorating. Such state causes
experts in the field of ecology, biology, agriculture,
justified and reasonable concern of both
consequences of over-pollution. Although our country adopted the Law on Air Protection, which
enabled normative harmonization with the EU standards in this sphere of environmental protection,
there are still some practical issues that need to be resolved in order to stop further pollution and, if
possible, recover the quality of air in our country. According to Serbia Progress Report for 201214,
published annually by the European Commission, certain but rather small progress has been made in
the field of environment protection and climate changes. Complete harmonization of Serbian
legislation with the Directive on the Assessment of the Effects of Certain Public and Private Projects
on the Environment15 has been fully accomplished, but its practical implementation has to be
improved, particularly in the sphere of quality of interaction with the public and dialogue with nongovernmental organizations. The Law on the Ratification of the Protocol on Heavy Metals16 and the
Law on the Ratification of the Protocol on Persistent organic Pollutants17 were adopted in 2012.
Keeping up with the data on air quality in Serbia was additionally improved by the fact that National
Laboratory for Calibration is in charge for keeping records on air quality, whereas analytical
laboratory for air pollutants functions within the auspices of the Environmental Protection Agency
(SEPA). However, the capacity and financial resources of SEPA are insufficient for proper performing
of all activities pertinent to measurement and maintenance of air quality.
A slight progress has also been achieved in other fields that are directly or indirectly related to air
quality, such as waste management, improvement of water quality, implementation of legislation
pertinent to industrial pollution and risk and chemicals management as well as in the sphere of nature
protection. However, insufficient administrative capacities and the lack of financial resources still
represent serious obstacles in all of the aforementioned areas. Unfortunately, no progress has been
detected in the field of climate change prevention, as one of the areas that has the most significant
14 Serbia Progress Report for 2012, European Commission, SEC (2012) 333, Brussels, 10.10.2012.
15 See: Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private
projects on the environment, Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the
assessment of the effects of certain public and private projects on the environment, Directive 2009/31/ of 23
April 2009 on the geological storage of carbon dioxide and amending Directive 85/337/EEC, Directives
2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 and
Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private
projects on the environment.
16 Protocol to the 1979 Convention on Long-Range Trans-boundary Air Pollution on Heavy Metals, Aarhus, 24
June 1998, United Nations, Treaty Series, vol. 2237, p. 4, Document of the Economic and Social Council
EB.AIR/1998/1,
17 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic
Pollutants, done at Aarhus (Denmark), 24 June, 1998, Document of the Economic and Social Council,
ECE/EB.AIR/60.
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impact on air protections. General policy on climate change prevention still needs to be improved and
a comprehensive climate strategy must be developed. Namely, the issue of climate changes is an
integral part of energetic policy, where only a small progress has been made regarding the field of
renewable energy sources and energetic efficiency. Serbia still has not adopted the planned legislative
framework on rational use of energy. It is necessary to make great efforts in order to integrate the issue
of climate changed within sector policies and strategies. Serbia has not dedicated enough attention to
its obligation to minimize its emissions until 2020 and limited progress has been made in the
harmonization with the law of the EU regulating the issue of climate. All in all, limited progress has
been achieved in harmonization of our legislation with legal heritage of the EU and great efforts need
area of climate. It is still necessary to raise consciousness an all levels on the importance of
environment protection and climate changes and appropriate initiatives should be strengthened. The
lack of administrative capacities and ad hoc international cooperation postpone the preparation and
implementation of climate policy that is in accordance with the EU legislation. Administrative
structure in charge for climate changes should be strengthened and support is needed in order to build
capacities necessary as a response to requirements in this field.
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