Environmental Noise Protection in Serbia

A public debate on the Draft Law on Environmental Noise Protection has been opened

On 2 June 2021, the Ministry of Environmental Protection of the Republic of Serbia published on its official website the Draft Law on Environmental Noise Protection (“Draft“).

The public debate on the Draft will be held from 3 June to 23 June 2021.

The Draft defines more precisely what noise is in the environment, expands the list of noise sources, as well as the competent authorities for the development of strategic noise maps and action plans.

The Draft regulates the following issues:

• subjects of environmental protection from noise;
• measures and conditions for protection against noise in the environment; environmental noise measurement;
• access to noise information;
• supervision and other issues of importance for the protection of the environment and human health.

The provisions of this Draft refer to environmental noise to which people are exposed, especially in urban areas, public parks or other quiet zones in agglomerations, in quiet zones outside settlements. near schools, hospitals and other facilities, noise sensitive areas.

It is prescribed that noise protection, within its powers, is provided by the Republic of Serbia, the autonomous province, local self-government unit, i.e. the city of Belgrade, companies, municipalities, cities, legal entities, companies and entrepreneurs who emit noise in performing economic activities, as and owners, managers and concessionaires of noise sources, scientific and professional organizations and other public services.

The competencies of the Ministry of Environmental Protection (the “Ministry”), the Environmental Protection Agency (the “Agency”) and other environmental protection entities referred to in Art. 5 of this Draft.

Having in mind the problem that citizens in city zones have with the noise coming from certain catering facilities, at the initiative of the City of Belgrade, two articles were introduced that refer to the competence for measuring noise emitted by catering facilities.

This Draft gives the Communal Militia in the local self-government units the authority to measure and control the noise from the catering facilities upon the report of the citizens.

Preventive noise protection measures relate primarily to the area of ​​planning and construction.

Spatial and urban plans provide measures and conditions for noise protection, and especially the mutual spatial distribution of infrastructure, industrial, residential, recreational and other facilities, as well as acoustic zoning and determination of special regimes for the use of these areas.

The Ministry supervises the work of the Agency, the autonomous province and the local self-government unit in performing the entrusted tasks.

Inspection supervision over the application of the provisions of this Draft and regulations adopted for its execution shall be performed by the Ministry, unless otherwise prescribed by this Draft.

Inspection supervision is performed by the Inspector for Environmental Protection (“Inspector“) within the scope determined by this Draft.

The Autonomous Province shall perform inspection supervision over the execution of tasks entrusted to this Draft through inspectors.

Local self-government units shall perform inspection supervision over the execution of tasks entrusted to them by this Draft through inspectors.

The penal provisions provide for sanctions for misdemeanors for companies and other legal entities, as well as for responsible persons in the administrative body, local self-government, or organization that exercises public authority, for violating the provisions of this Draft.

The amount of sanctions is harmonized with the provisions of the Law on Misdemeanors (“Official Gazette of RS”, No. 65/2013, 13/2016, 98/2016 – decision of the US, 91/2019 and 91/2019 – other law)

In addition to the imposed fine for a misdemeanor, a protective measure of confiscation of items that were used or intended for the commission of a misdemeanor, i.e. those that arose from the commission of a misdemeanor, may also be imposed on a company and other legal entity.

In this way, efforts are made to further harmonize the legal legislation of the Republic of Serbia with the regulations of the European Union, and in particular Directive 2002/49 / E3.