This Model Law establishes a harmonized legal framework for preventing and controlling environmental pollution caused by economic activities. Its primary objective is to reduce and eliminate negative environmental impacts, protect human health, and promote sustainable resource use based on principles such as “polluter pays” and pollution prevention. The Law defines key concepts (e.g., pollution, best available technologies—BAT, environmental standards) and applies to a wide range of industrial and economic activities, including those with potential transboundary effects. It emphasizes the integration of environmental, technological, and regulatory measures to ensure a high level of environmental protection. A central element of the Law is the system of environmental authorization based on the use of best available technologies. Permits are issued by a competent authority and must incorporate emission limits, waste management conditions, and environmental performance requirements. The Law introduces a differentiated approach: large polluters require individual permits considering all environmental aspects, while small and medium enterprises may follow standardized conditions or simplified procedures. It also establishes criteria for selecting BAT, linking technological feasibility, economic viability, and environmental effectiveness, and requires environmental assessment, monitoring, and information transparency throughout the permitting process. The Law also regulates compliance, monitoring, liability, and economic incentives. It mandates environmental audits, continuous monitoring, and state supervision, along with public participation and access to information. Economic mechanisms include payments for environmental impacts, incentives for adopting cleaner technologies, and compensation for environmental damage. It provides detailed provisions on responsibility for violations, including administrative, civil, and criminal liability, and sets procedures for dispute resolution and enforcement. Finally, it promotes international cooperation, especially regarding transboundary pollution, and establishes transitional provisions for implementing the system, ensuring alignment with international environmental standards.
2008-11-25