ECENA 4 th Exchange Programme Cluj Napoca, October, 2005 Ministry of Environment and Spatial Planning of Kosovo Mr. Muhamet Malsiu, Acting Head Environmental Inspectorate MESP Kosovo (territory under UN interim administration)

to thank the European Commission 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 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 The Environmental Inspectorate was established in 2004 (Admin.Instr. n.2/ ) 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 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

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

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