3rd BERCEN Exchange Programme for the Environmental Enforcement Agencies and Inspectorates,

October 19-22, 2004Prague, Czech Republic

Achievements in IPPC Directive Implementation:

problems and constraintsCountry presentation of Bosnia and

Herzegovina By: Ozren Laganin

Ministry of Physical Planning, Civil Engineering and Ecology of Republic of Srpska

Trg Srpskih Junaka 4, 51 000 Banja LukaTel. ++ 387 51 214 198, Fax: ++ 387 51 215 548, E-mail:

bj_minurb@blic.net

Country’s Flag:

Land area= 51,209 km2

Population (Census, 1991) = 4,377, 033 /85,5 inh. per km2

Country’s Human Development Index (HDI) in 2001 was 0,777; indicating its medium-scale development (UNDP, 2002)

BOSNIA AND HERZEGOVINA

PHYSICAL CHARACTERISTICS

Country is positioned in SEE region, Balkan Peninsula, bordering to the N, W, and SW to Croatia (932 km ), and to the east to Serbia and Montenegro (606 km).

13 km long coastline along the Adriatic Sea around the town of Neum

Territorially, country is comprised of two entities: Republic of Srpska (64 municipa-lities), Federation B&H (10 cantons ), and District of Brcko (BD)

 

                              

DEVELOPMENT OF ENVIRONMENTAL LEGISLATIONAND ADMINISTRATIVE STRUCTURE

Asymmetrical country’s institutional structure (cantons and municipalities), and increase in the number of government institutions, have caused growing consumption in the public sector, accounting to well beyond the level that can be sustained in the medium term

Environmental issues are crosscutting different departments, and therefore, there are competences and synergies with departments other than environment and physical planning (i.e. mining, industry, transport). Even though NEAP and PRSP have given the strategic framework, there is no policy describing the intended role for the administration concerned

The Law on Environmental Protection

• New Law on Environmental Protection adopted in both entities

• The law prepared in accordance with the most important EU directives in this field, including:

- IPPC Directive on Integrated Pollution Prevention and Control;

- Seveso II Directive on prevention of Larger Accidents; - EIA Directive on Environmental Impact Assessment of

Large Industrial and Infrastructure Projects.• The new Law on environmental protection provide a

framework for environmental protection, and it will be required to develop by-laws necessary to make integrated pollution prevention and control operative and effective.

Environmental permitting

Control of activities or installations by:

• Specific obligations and requirements for these activities or installations

• Requirement of an environmental permit • Documentation in a Register of Installations and of

Pollution• Monitoring• Regular inspection• Remedial measures against pollution

The application for an environmental permit has to include:• the name and address of the operator/investor• The site of the installation, and description of:1. the plants and installations, and its activities (plan, technical description of the process

etc.); 2.the raw and auxiliary materials, other substances and energy used in or generated by

the plants and installations;3. the sources of the emissions from the plants and installations; 4. the conditions of the site of the installation;5.the nature and quantity of foreseeable emissions from the installation into each medium

(air, water, soil) as well as identification of significant effects on the environment (impacts);

6. the proposed measures, technology and other techniques for preventing, or, where this is not possible, reducing emissions from the installation;

7. measures for the prevention and recovery of waste generated by the installation; 8.further measures to comply with the basic obligations of the operator, especially the

measures after closure of the installation; 9.measures planned to monitor emissions into the environment and/or their impacts, 10. planned alternatives: 11. the copy of the application for acquisition of other permits which will be granted

together with the environmental permit and 12. non-technical summary

CONTENT OF ENVIRONMENTAL PERMIT

Issuance of the Environmental Permit –Content:

• The environmental permit must contain the following: - emission limit values for pollutants; - requirements for protection of air, soil, water, flora and fauna; - measures concerning the management of waste generated by the plants

and installations; - measures for minimization of long-distance or transboundary pollution; -self-monitoring system, specifying measurement methodology and

frequency, and - measures relating to conditions other than normal operating conditions. • Emission limit values, equivalent parameters or technical measures are

based on best available techniques taking into account the technical characteristics of the installation, its geographical location and the local conditions.

Environmental permitting

Existing installations

• Installations defined in implementing regulation of this Law for which an environmental permit has been issued before the coming into force of this Law have to have an environmental permit by 2008, at latest.

 

• The Entity Ministries have to set deadlines for the application for an environmental permit for specific types of existing installations and to adopt specific Rulebooks - Adjustment Plans

Environmental permitting Reconsideration and updating of permits

Environmental permit is valid for five years Competent Ministry has to reconsider and update the environmental

permit where:  - the pollution caused by the installation is of such significance that

the existing conditions and emission limit values;

- substantial changes in the best available techniques make it possible to reduce emissions significantly without imposing excessive costs or

- operational safety of the process or activity requires other techniques to be used.

Environmental Permitting Public participation in decisions on environmental permit 

The public concerned shall be informed, immediately after the administrative procedure started:

- The proposed activity and the application on which a decision will be taken; -  The nature of possible decisions or the draft decision; - The public authority responsible for making the decision; -  The envisaged procedure, including, if available, information on : a)      The opportunities for the public to participate; b)      The time and venue of any envisaged public hearing; c)      An indication of the public authority from which relevant information can be obtained and where the relevant information has been deposited for

examination by the public; d)      An indication of the relevant public authority or any other official body to which comments or questions can be submitted and of the deadline for comments or

questions; e)      An indication of what environmental information relevant to the proposed activity is available, f) The fact that the activity is subject to a entity or transboundary environmental

impact assessment procedure, and -   Draft of environmental decision or permit.

MAJOR TA PROJECTS RELATED TO THE EIA AND IPPC

PHARE (2000)

Draft environmental framework laws were drafted for both entities comprising an overall “umbrella” “Framework Law for Environmental Protection” and separate laws for water protection, waste management, air protection, and for nature protection

THE WB FUNDED NEAP PROJECT With World Bank support, a National Environmental Action Plan (NEAP) was prepared during 2002. It provides a clear impression of the needs, and did contribute to awareness raising

METAPThe World Bank METAP project has funded two projects to develop EIA documents and a methodology, while providing training. These documents are widely based on EU best practice. As a result, there have been important work done related to the introduction of EIA, in the sense of preparation of legal framework and methodology, and training

… CARDS 2002

“Institutional Strengthening in Environmental Management”, which includes a volet on EIA

“Development of a National Environmental Monitoring System”, “Support for Improved Waste Management”, and “Support to Water Institutional Strengthening II”

CARDS 2003Waste Recycling Pilot ProjectWater Quality and Quantity MonitoringTA to the development of an Environment Fund

Environment Field Inspections

… Previous, ongoing, and planned TA for

environmental institution building legislation includes:

• Legislation and institution building for river basin management under the EU’s project “Water Institutional Strengthening in Bosnia and Herzegovina” Phases I

• Legal consultancies to be conducted/coordinated by the Regional Environmental Center (REC), supported by the EC in the framework of the Regional Environmental Reconstruction Programme (REReP)

• World Bank assisted projects for the “Urgent Strengthening of Environmental Institutions in Bosnia and Herzegovina” which included the preparation of EIA documents and training

• Legislative work supported by the World Bank and others as a follow-up to the National Environmental Action Plan (NEAP)

• World Bank solid waste management programme• Several initiatives funded by the EC LIFE Third Countries budget

KEY RISKS AND ASSUMPTIONS

• Understaffing problem within the ministries • Willingness of authorities to cooperate and to

support the EIA- related activities • Currently low level of environmental

management • Weak enforcement of environmental legislation;• Division of competencies between authorities;• Misunderstandings between authorities and

industry;• Integration EU requirements and directives;

ONGOING ACTIVITIES • LEGISLATIVE FRAMEWORK WORK ON DRAFTING OF EIA RULEBOOK AND OTHER BY-LAWS, IN

ACCORDANCE TO THE CARDS PROJECTS (Support for Capacity Building for Environmental Management in Bosnia and Herzegovina, Support of improved Waste Management, and Support for Institutional strengthening in B&H)

• OTHER ACTIVITIES adoption of the RECOMMENDATIONS FOR MINIMUM OF JOIN

CRITERIA FOR ENVIRONMENTAL INSPECTION IN BOSNIA AND HERZEGOVINA, on January 29th 2004 in Sarajevo, firstly accepted by the Environmental Steering Committee in Banja Luka on December 22nd 2003

FOLLOWING ACTIVITIES • DEVELOPMENT OF BAT/BREF GUIDELINES • ESTABLISHMENT OF THE IPPC OFFICES AT

DIFFERENT LEVELS AND THE COORDINATION PATTERNS

• CREATION OF THE CENTRAL BAT DATABASE AND DATA MANAGEMENT MANNUALS

• IMPROVED PUBLIC PARTICIPATION through consultation and information accessibility facilitation

• …

THANK YOU FOR ATTENTION!!!!!