New Law on Air Protection in Serbia – Odors

The Law on Air Protection Does Not Recognize the Category of Odours

Barbecue smoke. Kitchen fumes. Bakery scents. Smoke from furnaces. Printing presses. Even hallucinations? No. None of these are recognized under the new Law on Air Protection in the Republic of Serbia (“Official Gazette RS”, No. 54/2025).

In other words, odours are not included in the list of regulated air pollutants. Odours are not defined. The regulation does not require their measurement, and it fails to establish any rules for their control.

As a result, citizens have no legal grounds to file complaints, no matter how strong or harmful the odour may be.

So, citizens demand recognition of odours as harmful air pollutants.
Lawmakers must respond with clear legal definitions.

The Previous Law on Air Protection Acknowledged Odours

The earlier Law on Air Protection (“Official Gazette RS”, No. 36/2009, 10/2013, and 26/2021) did not explicitly define odours, but it treated them as part of pollution-related nuisances.

In Article 4, unpleasant odours are mentioned as the factors that affect human health and quality of life. Article 55 obligated polluters, including those releasing odours, to apply technical measures for the elimination or reduction of these emissions.

Thanks to these provisions, citizens could rely on a clearly defined legal path to protect their constitutional rights through inspections and mandatory corrective measures.

Today, that path has vanished.

Where Did Odors Go in the New Law?

The new Law on Air Protection, effective as of June 2025, introduces modernization and alignment with EU regulations. But it entirely omits any systemic treatment of unpleasant odours.

What is the result? 

Unfortunately, the new law fails in three ways.

First of all, the set provisions on allowable odor thresholds,

Further, it introduces any obligation to measure or monitor them,

Ultimately, the new law assigns inspection authority in this domain.

Unpleasant Odors Are Not Just a Comfort Issue

We are not just talking about “smells,” but often about emissions of potentially toxic compounds. Such chemicals include aldehydes, ketones, volatile organic compounds (VOCs), nitrogen, and sulfur compounds. Short-term exposure can cause irritation, headaches, and nausea. In the long term, the consequences can be more serious, especially for vulnerable groups: children, pregnant women, asthmatics, the elderly, and those with chronic diseases.

However, under the current law, citizens complaining about smoke from a furnace, a barbecue shop below their window, or a nearby print house have no legal grounds for protection.

Air quality directly affects human health.
Experts warn that ignoring odor emissions puts vulnerable groups at risk.

How Do Other Countries Regulate This Issue?

France, Germany, and the Netherlands have developed methodologies for measuring odour intensity and frequency (e.g., EN 13725 standard on olfactometry).

Japan adopted the Offensive Odor Control Law in 1995, introducing measurable emission limits based on olfactory methods. Unpleasant odour is subject to inspection control.

The United States Environmental Protection Agency and local regulatory bodies intervene in cases of “odours as a nuisance.” While Canada monitors and imposes penalties in some provinces when citizens file complaints.

Australia regulates odors through local Environmental Protection Authorities, recognizing even subjective odor nuisance as a basis for action.

EU Citizens Can Sue the State Over Air Pollution

In EU member states, citizens can legally challenge the state if it fails to provide adequate protection from polluted air. The Court of Justice of the European Union (CJEU) has repeatedly ruled in favour of citizens on this basis. The mechanism in the EU includes clear standards and measurable indicators. Thus, access to legal remedies enables people to exercise their fundamental rights. The right to clean air belongs to everyone and must be upheld.

Clean Air Is a Basic Human Right

The Constitution of the Republic of Serbia guarantees the right to a healthy environment (Article 74).

But how can these rights be exercised if unpleasant odors are not recognized by law as harmful? How can people complain about something that the law doesn’t acknowledge?

The 2025 law creates the illusion of comprehensive regulation but excludes the aspects of daily life that people encounter. While the 2025 law appears to offer comprehensive regulation, it overlooks a key everyday reality for citizens: air pollution caused by odors.

A Law Without Odors – Citizens Without Breath

If the current Law on Air Protection is not urgently amended, and if bylaws do not define protection mechanisms against unpleasant odours, citizens will lose the ability to exercise their constitutional and legal rights.

While the new Law on Air Protection aims to formally align with EU regulations, Serbia still permits 25 µg/m³ of PM2.5, whereas the EU limit is 10 µg/m³, the US EPA standard is 9 µg/m³, and the WHO recommends a limit of just 5 µg/m³.

>> SEE ALSO: EPA, USA Reduces Permissible Concentration of Harmful Particles in The Air with The New Standard

>> SEE ALSO: New EU Air Quality Regulations

Citizens without protection mechanisms are left voiceless. And all of us are left breathless.

If we want a healthy environment, we must have and implement clearly defined laws and mechanisms to ensure it, as mandated by the Constitution of the Republic of Serbia.

Legal Invisibility Has Consequences

This article does not aim to provide legal advice. It does not come from lawyers, inspectors, or lawmakers. It comes from professional responsibility and everyday experience with polluted air. Expertise should recognize when health is in danger and when genuine issues are missing in the law.

Other shortcomings have been identified in the current Law on Air Protection; however, this analysis focuses on unpleasant odours as a previously overlooked category of pollution.

It is time the law recognized odors, because we breathe them in every single day, and many of them are toxic. Change begins with awareness, but it must end with legal action. That is the path to better air quality.

Note for International Readers

Serbia’s Law on Air Protection demonstrates the importance of understanding local environmental regulations. Rules and standards often differ dramatically from those in other countries.

To navigate this complexity, it’s always the best solution for a foreign company to work with experienced local partners. Local companies understand both the legal text and its practical implications for air quality and public health.

This text by Marquis Intelligence is part of the series “Air Quality and Ventilation Standards.”
Document number: MI-NewLegislation-004.25 – New Law on Air Protection in Serbia – Odors.