Strategic Moves - Regional Environmental Center for Central and ...

BOX 15: Environmental Crime Directive
structure; and promote communication between different levels of government,
given that many regulatory functions have been decentralised (World Bank, 2007).
The following SEE countries have recently established EPAs — Croatia, Serbia,
Kosovo (as defined under UNSCR 1244) and Montenegro. In Albania, the
Agency for Environment and Forestry was established in 2006.
Communication and coordination
Many of the environmental directives, including the water and waste directives,
concern more than one institution, thus adequate systems of inter-institutional cooperation
and coordination must be established. Coordination and communication
between central and local levels of governance is also vital.
Reform of water and waste utilities
Water and waste utility reform should also be included among the institutional
challenges since these are the main institutions to implement environmental infrastructure
investments. The status and competency of a utility are directly linked
to the success of any potential investment. Although a large proportion of the work
must be carried out at the local level (since in most cases utilities are owned by the
municipalities), the impulse for reform and the principles of reform should come
from the central level. (For further discussion of utilities see Chapter 6.)
Environmental funds
The establishment of a specialised institution for environmental financing
(i.e. an environmental fund) is one of the options to help solve institutional deficiency.
This option has already been put into effect in Croatia, Serbia and Republika
Srpska (Bosnia and Herzegovina), and there are plans for the
C H A P T E R 5
N AT I O N A L S T R AT E G I C A N D I N S T I T U T I O N A L F R A M E W O R K
Directive 2008/99/EC on the protection of the environment through criminal law
(minimum requirements to be implemented):
• The directive lays down a list of environmental offences that must be considered criminal offences.
• Offences should be subject to effective, proportionate and dissuasive criminal sanctions.
• The directive sets only a minimum standard of environmental protection through criminal law. Member states
are free to maintain or introduce more stringent protective measures.
• Offences relevant to the current publication are:
– the collection, transportation, recovery or disposal of waste, including the supervision of such operations
and the aftercare of disposal sites, if they cause serious adverse consequences to people or nature; and
– the shipment of waste in a non-negligible quantity.
Further information: www.ecena.org
S T R AT E G I C M O V E S 111