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Changes in the law: Less bureaucracy in emergency situations

Photo: RTV PG

The proposal for amendments to the Law on Environmental Impact Assessment, which is in the parliamentary procedure, provides for a more precise definition of cases in which the assessment procedure will not be carried out, especially when it comes to defense projects and emergency interventions in emergency situations, while strengthening compliance with European regulations.

An environmental impact assessment will not be conducted for projects that are exclusively intended for defense or emergency response, if, as stated, such a procedure could jeopardize their purpose, as stipulated in the Draft Law on Amendments to this Regulation, which the Government has submitted to the Parliament of Montenegro for consideration.

As the explanation points out, in some cases, implementing the procedure may lead to security risks or slow down the state's emergency responses.

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"Conducting the impact assessment process may lead to the disclosure of sensitive or confidential information, which could compromise the security and purpose of the project," the document states.

It is also pointed out that in situations such as floods, earthquakes or fires, administrative procedures could slow down decision-making and the implementation of emergency measures.

"In civil emergency response situations, conducting an impact assessment process can slow down decision-making and the implementation of emergency measures," the explanation states.

The amendments, instead of the previous automatic exemption, introduce a model of individual assessment by the competent authority, which, as stated, strengthens control and compliance with European practice.

The proposed law is aligned with Directive 2011/92/EU of the European Parliament and of the Council, as amended by Directive 2014/52/EU, which regulates the assessment of the impacts of public and private projects on the environment.

"The proposed amendment transposes the provisions of the aforementioned Directive into national legislation more precisely," the document states.

The law also stipulates that it enters into force on the eighth day after its publication in the Official Gazette of Montenegro, while its implementation does not require additional funds from the budget.

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