ECENA ECENA 44thth Exchange Programme Exchange ProgrammeCluj Napoca, 19-22 October, Cluj Napoca, 19-22 October, 20052005

Ministry of Environment Ministry of Environment and Spatial Planning of and Spatial Planning of

KosovoKosovo

Mr. Muhamet Malsiu, Acting Head Mr. Muhamet Malsiu, Acting Head Environmental Inspectorate MESPEnvironmental Inspectorate MESP

Kosovo (territory under UN interim administration)Kosovo (territory under UN interim administration)

The Kosovo PISG authorities would like to thank to thank the European Commissionthe European Commission for the strong support expressed in favour of their participation in the activities of such an important network

The Kosovo PISG authorities would like to thank to thank the European Commissionthe European Commission for the strong support expressed in favour of their participation in the activities of such an important network

Country progress and Country progress and achievements in achievements in

environmental protection environmental protection The Ministry of Environment and Spatial Planning

(MESP) was established as part of the Provisional Institutions of Self Government (PISG) in March 2002.

The Environmental Inspectorate was established in 2004 (Admin.Instr. n.2/18.2.04) as an autonomous office of the MESP.

The Extraordinary Plenary Meeting was the first chance for the PISG of Kosovo to participate in an activity of the ECENA

Environmental LegislationEnvironmental Legislation in forcein force

Framework Law for Environmental Protection (2003)

Law for Air Protection (2004) Law for Water (2004) Law for Spatial Planning (2004)

Administrative Instruction (Adm.In.) for Environmental Impact Assessment (compliant with EU Directives 85/337/EEC and 97/11/EC) and the related Adm.In. regarding the licensing of persons and companies for compiling of EIA reports

Adm.In. establishing the Environmental Protection Inspectorate

Adm.In. establishing the Kosovo Environmental Protection Agency

Law proposals for which Law proposals for which approval still is pendingapproval still is pending

Nature Protection Law (submitted to Assembly for approval)

Law for Waste Management and Disposal (submitted to Assembly for approval )

Law for protection from noise (expected to be approved within this year)

Law about protection from radioactivity (expected to be approved within this year)

Within the year several sub-legal acts connected with the mentioned laws are also expected to be approved

Specificities of the adopted Admin. Instruction on EIA (1)

Scope of the legislative provisionsScope of the legislative provisions Operators’ responsibilities and obligations:

WHO: Every private person or undertaking, or public authority WHEN: planning the construction of industrial or processing facilities, major

works or projects, foreseen to have a major negative impact on the environment; or planning significant modifications to operating or activities of the same kind

WHAT: shall submit an EIA Report to the MESPHOW: EIA Reports can only be issued by persons or undertakings having

special expertise and training and holding an EIA license issued by the MESP

Competent authorities/Institutional responsibilities EIA Reports are submitted to the Municipal Authority, which transmit

them to the MESP. Kosovo Environmental Protection Agency shall express a

technical/professional opinion on the EIA MESP’s EIA Committee issues final decision on the release of

license/permit

Public participation The applicants for environmental permit/license, in

coordination with KEPA, shall organise conferences and/or public debates to collect public opinions and comments on the EIA Reports, which will have to be considered by the MESP’s EIA Committee for the final decision.

Specificities of the adopted Admin. Instruction on EIA (2)

Relevant EU legislation:The AI on EIA is fully transposing the relevant EU Directives

(85/337/EEC; Council Directive 97/11/EC amended by 2001/42/EC)

Main problems in transposition/implementation Framework law establishing too detailed requirements

conflicting with transposition of EU legislation (e.g. unrealistic time schedule for issuing permits – 60 days)

While EU Directive calls for decentralisation, low professional qualification in local authorities suggested to adopt a more centralised approach

Language: drafting working documents in 3 different official languages causes strong delays and risks of misunderstanding

Lessons learned

The transposition of EU legislation TAKES The transposition of EU legislation TAKES TIME!TIME!

Recommendations to the other SEE countries

Allow for a longer time schedule than expected when drafting legislation aimed at transposing EU directives