Ministry of Ecology: Protected species included on list due to European obligations, regulation to be reviewed at least once a year

The Ministry of Ecology, Sustainable Development and Northern Region Development said that some of the species included in the new List of Protected Wild Plant, Animal and Fungal Species were added due to the obligation to align national legislation with European directives and international conventions, rather than because they are necessarily present in Montenegro.

The ministry, headed by Damjan Ćulafić, said that the list would be revised as necessary, and at least once a year.

On October 1, the Ministry of Ecology adopted the Rulebook on Establishing the List of Protected Wild Plant, Animal and Fungal Species and the Procedure for Updating the List, which was published in the Official Gazette of Montenegro, No. 144/26.

Responding to public claims regarding the content of the list, the ministry explained that it was drawn up on the basis of the Nature Protection Act, as well as obligations arising from the European Union accession process, international conventions and relevant expert documents.

- The list includes not only species submitted by the Environmental Protection Agency as an expert proposal, but also species taken from the Annexes to the Habitats Directive, as part of the obligation to align and transpose EU legislation arising from the accession process – the Ministry of Ecology said.

The ministry added that species listed in the annexes to international conventions were also taken into account, including the Bern Convention, CITES and the Barcelona Convention, as well as documents of the International Union for Conservation of Nature (IUCN), national and international red lists, and other expert documentation.

The Ministry of Ecology also specifically addressed claims that the list includes extinct species, as well as species that do not occur in Montenegro.

- The listed species were incorporated through the transposition of the Annexes to the aforementioned EU directives and international conventions - the ministry said.

It explained that extinct species may appear on international lists in order to monitor the level of confidence in assessments, the possibility of rediscovery, reintroduction programmes, the protection of similar species, the prevention of smuggling, as well as for the historical and scientific significance of biodiversity records.

- These are the criteria of the International Union for Conservation of Nature - IUCN, the leading international organisation in the field of nature conservation, with which the professional community should be familiar – the ministry said.

They also clarified that including a species on the list does not necessarily mean that it naturally occurs in Montenegro.

- States are required to monitor and control international trade in endangered wild species, which is an obligation under the CITES Convention and EU regulations – the Ministry of Ecology said.

The ministry stressed that, as part of the EU accession process, it is mandatory to transpose all species and habitat types listed in the annexes to the Habitats Directive and the Birds Directive into national legislation.

- When a country joins the EU, it must fully adopt EU legislation. Laws cannot be adopted selectively based on personal preferences – the ministry said.

According to the ministry, the aim is to ensure legal alignment with EU member states and establish a unified system of nature protection.

- A candidate country must transpose the listed species, including those that do not naturally occur on its territory, in order to establish and maintain a unified body of EU law and ensure that the country has an adequate legal basis for their protection - the ministry said.

The Ministry of Ecology has also prepared a draft separate rulebook establishing the List of Protected Wild Bird Species.

The ministry explained that the regulation was prepared in accordance with recommendations from the European Commission, in order to continue the transposition of the Birds Directive, while provisions of the Nature Protection Act concerning birds have been separated into a distinct section from the protection of other wild species.

The ministry stressed that the status of protected species will change at the international, European and national levels, which is why both lists are to be updated as necessary, but at least once a year.

They also addressed claims that certain species appear both on the list of protected species and in the Rulebook on Hunting Seasons for Game.

The ministry stressed that this was a misinterpretation of the regulations.

- The Rulebook on Hunting Seasons for Game only establishes the time frame during which something may be hunted, while whether a species may actually be hunted depends on overarching documents adopted in accordance with the law, such as the Hunting Development Strategy – the ministry explained.

The ministry added that European environmental regulations are not implemented solely through acts adopted by the Ministry of Ecology, but also through policies and regulations of other competent ministries, including those governing hunting.

They said they would respond to what they described as misinterpretations and attempts to circumvent the implementation of environmental standards.

- The Ministry of Ecology will respond, based on professional expertise and the relevant regulations, to any misinterpretation or improper implementation of regulations and any attempt to circumvent the strict environmental standards prescribed by national legislation, EU legislation or international agreements - the statement says.

The ministry said it recognised what it described as an „intention of hybrid action“ against the environmental sector and an attempt to slow down European integration.

- The ministry will continue to expose ignorance and falsehoods and take major steps towards the provisional closure of the most challenging Chapter 27 - the statement concludes.