forestation181, whereas in terms of repair and remediation of existing unsanitary landfills the
Ministry organized the competition for co-financing of these projects at the level of local selfgovernment units.182 This is especially important taking into consideration the current state of
affairs in the field of waste management in the Republic of Serbia and confirmed factual state
in the recommendation of the Protector of Citizens183 which indicates to the fact that the
number of imposed measures to local self-government units and public utility companies
which failed to meet their legal obligations is disproportionally small in comparison to the
number and gravity of activities contrary to the law and that the Ministry of Environmental
Protection, as a oversight body, does not take all legally prescribed measures in order to
provide efficient application of provisions of the Law on Waste Management184 and
realization of its goals. With regards to that, the Protector of Citizens, apart from indicating to
the Ministry to the need of strengthening of the inspection supervision in this field, at the
same time emphasized the need to provide more operational Green Fund and the Ministry
should continue to provide financial support to local self-government units via public calls in
the execution and realization of the projects of construction, repair and re-cultivation of
landfills, primarily design and construction of regional landfills as precondition for closing of
the existing ones.
This reporting period as well as the previous one was especially marked by the dissatisfaction
of citizens and inhabitants due to construction and planned construction of small
hydroelectric power plants especially in protected areas, such as special reservations and
natural parks, mostly in Stara planina, primarily due to their negative impact on the
environment.
Acting upon these complaints, the Protector of Citizens in the conducted oversight procedure
confirmed that the results of the analysis of the environment obtained so far indicate to the
fact that the construction of small hydroelectric power plants may have detrimental impact
and negative consequences on the environment so with the aim of the prevention of further
negative consequences and for the purpose of the protection and preservation of the natural
diversity it is necessary to re-examine their construction primarily in protected areas.
Pursuant to that, he issued the opinion to competent bodies, and also to the Ministry of
Environmental Protection recommendations for the conduct of inspection supervision,
confirmation in line of official duty whether there are reasons for the repetition of terminated
procedures of issuing of the consent to the studies on the evaluation of the impact on the
environment, ordering of taking of compensation measures as well as passing of the bylaw
which would regulate the minimum sustainable flow.185
However, even though for the end of 2019 passing of the amendments to the Law on
Environmental Protection and Law on the Assessment of the Impact on the Environment were
planned and they were supposed to regulate the prohibition of the construction of small
hydroelectric power plants in all protected zones as well as tightening of the conditions and
criteria for the construction of small hydroelectric power plants, until the day of the execution
Available at:
https://www.ekologija.gov.rs/?s=%D0%B7%D0%B5%D0%BB%D0%B5%D0%BD%D0%B8+%D1%84%D0%BE%
D0%BD%D0%B4.
182Available at: https://www.ekologija.gov.rs/dodeljena-sredstva-za-saniranje-nesanitarnih-deponija-u-kraljevucacku-i-trsteniku/.
183 Recommendation with opinion available at: https://www.ombudsman.rs/index.php/2011-12-11-11-3445/6178-inis-rs-v-z-sh-i-ziv-n-sr-din-ivni-d-spr-v-di-insp-ci-s-i-n-dz-r-n-s-ni-rnih-d-p-ni
184 “Official Gazette of RS“, no. 36/09, 88/10, 14/16 and 95/18 – state law.
185 Opinion with recommendation available at: https://www.ombudsman.rs/index.php/2011-12-11-11-3445/6112-rg-ni-vn-vl-s-i-d-pr-ispi-u-v-z-ci-n-r-ivni-vir-i-ur-d-n-izgr-dnj-lih-hidr-l-r-n-u-r-publici-srbi-i.
181
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