ECENA 4th Exchange Programme Cluj Napoca, 1922 October, 2005

1
ECENA 4th Exchange ProgrammeCluj Napoca, 19-22
October, 2005

• Ministry of Environment and Spatial Planning of
  Kosovo

Mr. Muhamet Malsiu, Acting Head Environmental
Inspectorate MESP Kosovo (territory under UN
interim administration)
2
Country progress and achievements in
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

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

3
Environmental Legislation in 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

4
Law proposals for which approval 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
5
Specificities of the adopted Admin. Instruction
on EIA (1)

• Scope 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 MESP
• HOW 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
• MESPs 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 MESPs
  EIA Committee for the final decision.

6
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 TIME!
• Recommendations to the other SEE countries
• Allow for a longer time schedule than expected
  when drafting legislation aimed at transposing EU
  directives