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Environmental Crime Legal Framework In Monaco

Monaco’s Department of the Environment Assists in defining and implementing Government policy on sustainable development and the environment. The agency also:

  • Coordinates sustainable development initiatives in the Principality by establishing cross-cutting relationships with the various stakeholders involved
  • Monitors biodiversity, the quality of the environment, sources of pollution and risks of natural or technological origin
  • Provides information and raises the public's awareness of environmental issues
  • Participates, on behalf of the Principality and hand in hand with the Ministry of Foreign Affairs, in the work of international organizations in its area of responsibility
  • Featured Legislation

    1998: Law No 1.198 on the Code of the Sea was brought into force. The provisions concerning the Law of the Sea are codified by this law, which regulates various sectors of the matter. Book I establishes maritime organizations and authorities and defines their powers. These are, in particular, the Council of the Sea, the Commission of Visits, the Director of Maritime Affairs and the Director of Public Security, Chief of the Maritime Police.

    2000: Sovereign Ordinance No. 14.428 was ratified. This ordinance governs navigation, mooring, fishing, underwater fishing, the practice of sea bathing and water sports and scuba diving in the area of ​​the extension works of the port of Condamine.

    2004: Sovereign Ordinance No. 16.456 was passed. The legislation ensures that any marine scientific research activity, carried out in the territorial sea and / or in maritime areas beyond the territorial sea over which Monaco exercises its sovereignty or sovereign rights within the meaning of Article L. 210-1 of the Code of the Sea, including the continental shelf, is subject, depending on the area concerned, to authorization or consent, accompanied, where appropriate, by conditions and in accordance with the procedures laid down by this ordinance.

    2005: Sovereign Ordinance No. 67 was signed. This Ordinance applies the Convention on International Trade in Endangered Species of Wild Fauna and Flora, laying down the provisions relating to the import, export, control of commercial activities, the movement of live specimens, and the various certificates and permits for species classified and listed in Annexes A, B, C and D of the ordinance.

    2009: Sovereign Ordinance No. 2.214 was unveiled. This Ordinance sets up a Technical Commission for Hygiene, Safety and Environmental Protection with the task of: studying and proposing specific rules to ensure safety, hygiene, health, public tranquility and protection of the environment, particularly in terms of work and the protection of property and people, and to monitor the application of texts in this area. The Technical Commission for Health, Safety and Environmental Protection intervenes during construction, development, modification, opening or operation; propose the application of any method; prevent, avoid, reduce and fight against pollution and nuisances; fight against the problems inherent in the constructions, developments, modifications, openings or operations referred to in paragraph and generally in any construction site; provide and facilitate accessibility for people with reduced mobility; ensure that events of an exceptional nature, recurring or not, such as shows, trade shows or fairs and other public gatherings can take place in good conditions of safety, hygiene and environmental protection; check the conditions of transport of hazardous materials; as well as any mission that may be entrusted to it upon referral from the Department of External Relations with regard to the Principality of Monaco’s international commitments.

    2015: Sovereign Ordinance No 5.443 was instituted. This ordinance governs the protection of waters. It includes the fight against pollution; its processes and means and its control.

    2016: Law No. 1.432 was implemented. This law authorizes the ratification of the Paris Agreement, adopted in Paris on December 12, 2015. The objective of the Paris Agreement is to strengthen the global response to the threat of climate change, in a context of sustainable development and of combating poverty.

    2017: Law No. 1.456 established an Environmental Code in order to sustainably manage and protect the environment against all forms of pollution; contribute to climate change mitigation efforts and energy transition; and other environmental and health related purposes. The Code also stipulates that the State can legally order an environmental impact assessment, including when there are possible impacts on the climate.

    2017:Ministerial Order No 2017-38 was enacted, governing the collection and treatment of waste (household and similar waste, recyclable or not; bulky waste; non-hazardous waste from economic activities). Waste collection and treatment can be provided by a public service organization (concession) or an organization outside the public service.

    2017: Ministerial Order No 2017-854 was approved. This decree provides for the pretreatment by disinfection of waste from healthcare activities with infectious and similar risks.

    Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

    • The Principality of Monaco is developing a new eco district for Monaco, proposing new ways the nation is going green. A new offshore extension project to the right of Portier Cove will be the site of the urban strategy, which will have three strands: developing programmes on land reserves, rebuilding the city over the city by demolishing ageing buildings of no heritage value, and extending the country into the sea .This latest project will entail the creation of a six-hectare eco-friendly district, with and emphasis on sustainable development and environmental protection. New environmental specifications will inform the construction of the new extension in efforts to protect the natural environment. What is more, real-time monitoring of the marine and land environments will be carried out, alerting authorities of sedimentation, rising sea levels, and poor air quality. This eco-friendly approach has been adopted to enact environmental offsets, promoting solar energy. The project will also seek international certifications and programmes such as soft mobility campaigns to mitigate the emission of greenhouse gases. For example, The Principality of Monaco’s energy and climate policy aims to combat climate change by achieving carbon neutrality by 2050.

    References and Further Reading

    Contacts

    Department of the Environment: (+377) 98 98 83 41,