Project Proposal

NATIONAL ENVIRONMENTAL PROTECTION AGENCY

Author and coordinator:: Prof. dr Miroslav Kopečni

Introduction

Most countries, which are serious in their concern for their environment and worry about the future of their nation and the planet in general, have formed a national agency dedicated to environmental problems in general and in particular to protection of the environment. These national agencies are responsible for the nation's environmental policy, its programming and organization of national programs and projects, integration of the nation's scientific and legal resources, international cooperation and so on.

Within the region of South East Europe (SEE), apart from existing national environmental agencies, there are also many regionally oriented environmental organizations, which are active. To mention few:

Regional Environmental Protection and Sustainable Development Center for South East Europe - Budapest,
Center for Dangerous Waste Problems - Bratislava,
Center for Industrial Accidents - Budapest,
Committee for Protection of SEE Swamps - Athens,
And others

In FR Yugoslavia several ministries and organization are formally responsible for environmental problems. These organizations very often overlap in responsibilities, experimental resources are divided and not well organized, international cooperation is problematic, technical and scientific institutions poorly organized, and the very limited funds available are not efficiently divided.

Clearly, in order to follow international trends, to create a better organization, to avoid duplicate responsibilities, to use more efficiently scientific, material and human resources, and to promote international cooperation, there is an urgent need for the founding of a Yugoslav National Environmental Protection Agency (YUNEPA).

General

YUNEPA should be a professional organization under direct supervision of the National Assembly. Such position within the government would ensure that YUNEPA acts as non-political organization, independent of particular political or party interest, government or ministry. YUNEPA would, therefore, be a strictly professional organization. The primary guidelines for its operation would be to cover all the aspects of environmental protection problems, create a working atmosphere which would ensure the efficient operation of a network of labs and individuals and create national policy for protection of the FR Yugoslavia environment. YUNEPA would also be responsible for the documents, laws and other legal aspect regarding the protection and preservation of the FR Yugoslavia environment. These documents would be prepared in coordination with corresponding ministry and submitted to the National Assembly.

Project stages

This project consists first of two major stages: legal aspect and organizational aspect.

Within the Legal aspect, all the federal, state, republic and local laws, starting with Constitution, should be revised to form a legal basis for YUNEPA. YUNEPA would be created in these revisions of existing laws and the laws should elaborate the following:

Legal definition of YUNEPA should be under the supervision of National Assembly only. YUNEPA would be ruled by Governing Board, and the head of YUNEPA would be a Director General;
YUNEPA would be linked to the Ministry of Environmental Protection, Ministry of Justice and the Attorney General;
Within the YUNEPA there would exist several sectors, each responsible for certain aspect of the YUNEPA's activity; and
YUNEPA would include professional organizations, laboratories, faculties and universities dealing in various aspects of the environmental problem. They would be conducting programs and tasks assigned by YUNEPA.

Within Organizing aspects - YUNEPA should be organized in following way:

Governing Board establishes the rules for YUNEPA. Governing Board also nominates the YUNEPA Director General;

YUNEPA Directorate would consist of Director General and the Sector Directors (5-6 of them);

Each sector would cover a different aspect of YUNEPA activities, for example Legal Aspect, International Cooperation, Inspectorate, Environmental Control, New Technology Aspects, Licensing, etc.;
Each sector would be further divided into Departments. Departments located at the already existing scientific and professional institutions, and each department would be given assignments that best suit the organization's reputation and professional skills. In this way, YUNEPA can unify available resources; and
Departments will be further linked to laboratories and groups. Each laboratory (one or more of them) performing a highly specialized task.

Such an organization will contribute to better use of existing resources, potentials and will promote professional level of experts. In addition, YUNEPA will certify experts from different scientific profiles and backgrounds in the joint effort to preserve the national environment.

Project phases

Several phases can be foreseen for the moment. They includes, among others:

Survey of foreign national agencies;
Preparation of legal aspects for YUNEPA formation by LEX legal and environmental protection experts ;
Developing the preconditions for acceptance by the National Assembly through a LEX advocacy campaign to promote the creation of YUNEPA;
Submition of documentation to National Assembly for adoption ;
Formation of YUNEPA governing board, directorate, divisions and laboratories;
Nomination of responsible organs;
Project and budget definition; and
YUNEPA start up.

It is difficult to estimate the duration of the Phases in paragraph D, but can be reasonably assumed that elements 1 through 3 could take as long as 12 months to complete. Promoting the idea of YUNEPA through an advocacy campaign is a major precondition before the presentation of any documentation for adoption by the National Assembly. Once this is accomplished the timing still remains problematic due to the bureaucratic slowness of the National Assembly.

Project Evaluation

Points D.1 - D.3. can be performed by a small group of experts composed of lawyers, chemists, biologists, physicists and medical doctors. Depending on the support, this phase could be completed within 3-6 months. The work of this group would result in the detailed documentation covering all of the aspects of YUNEPA formation and ready for submission to National Assembly for adoption. Prior to submission, the documentation should be publicly presented in a series of round tables, panel discussion, professional meetings etc., in order to acquire professional opinions and to create the best possible documents for adoption by National Assembly.

National Assembly should accept, after revision if needed, the proposed documentation regarding the formation of YUNEPA. At the same time, the YUNEPA Governing Board and Director General would be nominated. For this phase, 3-month period seems to be reasonable.

Under the YUNEPA backbone D.4-D5., we consider several major professional organizations with good reputation in the field. They would create a network of laboratories and other participants for the future YUNEPA organization. Special attention will be devoted to include all possible resources, human, experimental or otherwise. This could be performed in parallel to the other activities, and should not exceed 2 months. The professionals from the backbone should also create a list of priority programs, which would be adopted by National Assembly and assigned a budget for the task (D.6).

Financing

It is difficult to estimate budget necessary to create the YUNEPA organization. In general, the project's financial support can be divided into several segments:

Preparatory work (an introduction to various national approaches regarding the environmental problems, preparation of basic documents, recommendations etc.);
Promotional activities, introduction to the public, organization of seminars, workshops, public appearances, TV broadcasting, etc.;
Preparation of legal documentation ready for acceptance and National Assembly approval;
YUNEPA network formation; and
Project preparation (these should be only major projects, ones of national interest).

Points F.1-F.5. should finance the YUNEPA start up and in that respect, international aid is required. Once established, YUNEPA should receive it money through the national budget for:

YUNEPA financial support (Directorate and small office around it);
Project support; and
Money needed for departments and group operation.

It is our firm believes that points G.6.-G.8. deserves full international attention too. Environment of this country was badly damaged through 10 years of economical devastation of the country. At the same time, professional laboratories were unable to renew equipment, nor the necessary supplies for really professional operation. In addition, many of the experts left, and many of the important aspects of the environmental problem remained uncovered by good specialist. As a result, in many fields YUNEPA would have to start from the very beginning. In other branches, major support in equipment etc is also needed. It should be easy YUNEPA to join the international environmental project streams and to take active part and share in them. YUNEPA, once formed, can also take a responsible role for regional cooperation in the environment, and that will also facilitate FR Yugoslavia incorporation in to the international community.

Conclusion

The idea of the formation of a YUNEPA has been present for quite some time among specialists. A recent opinion poll showed that well over 90% of professionals consider YUNEPA formation as a necessity. Many of those questioned are ready to take active part in the YUNEPA formation. In general, there is strong feeling and concern among professionals and experts fully supporting the idea of YUNEPA formation. Of course, there are some differences in details regarding the organization, its functioning etc, that can be solved within professional groups and the procedures outlined within the project proposal.

H. Project Implementor

Preparing preconditions for formation of YUNEPA as well as advocacy for its full implementation is one of the most important long term objectives of the League of Experts – LEX . A multidisciplinary team of LEX experts will be engaged in carrying out this project.

www.lex.org.rs • Lex ID • Info • Activities and results • PROJEKTI • Members • Contact
LEX Lawyer's Office • LEX Consulting