kosovo environmental programme

Kosovo Environmental Programme (2016/07076)

LEAP Strategy First version 3rd September 2017

The Sida Framework Environmental Programme For Kosovo

REPUB LIC OF KOSOVO

Ministry of Environment and Spatial Planning

Inter Ministerial Water Council

C5 A5.01

D5.01.03

Project Title: Kosovo Environmental Programme (KEP)

Financing: Swedish International Development Cooperation Agency (Sida)

Reference No: 2016/07076

Starting Date 4 July 2016

End Date (Duration) 3 July 2020

Contract Number: C00045

Contracting Authority:

Embassy of Sweden in Pristina Mr. Fatos MULLA, Programme Officer Str. Perandori Justinian, No. 111, Pejton – 10000 Pristina Tel.: +381-(0)38-245795, ext.8221; Fax:+381-(0)38-245791; Email: [email protected]

Beneficiaries

Ministry of Environment and Spatial Planning (MESP) of Kosovo Environmental Protection and Water Department Mr. Muhamet MALSIU, Director and Project Coordinator Rilindja Building, 15th Floor – 10000 Prishtina (Kosovo) Tel.: +381-(0)38-20033222; Fax:+381-(0)38-517558; Email: [email protected]

Inter-Ministerial Water Council (IMWC) of Kosovo Mr. Baton BEGOLLI, Advisor Prime Minister Building – 10000 Pristina (Kosovo) Tel.: +377-(0)44-503914; Email: [email protected]

Contractor:

FCG Sweden (Lead Company) Mr. Per GIERTZ Dalagatan 7 – 11123 Stockolm (Sweden) Tel.: +46-(0)8-4067627 / Mob.: +46-(0)70-6749191; Fax: +46-(0)8-210269; Email: [email protected] In Consortium with: EPTISA Servicios de Ingenieria S.L. (Partner) Mr. Juan RUANO MOHALES Emilio Muñoz, 35-37 – 28037 Madrid (Spain) Tel.: +34-915-949500; Fax: +34-914-465546; Email: [email protected]

Project Director:

Niklas HERRMANN FCG Sweden Dalagatan 7 – 11123 Stockolm (Sweden) Tel.: +46-(0)8-4067627; Fax: +46-(0)8-210269; Email: [email protected]

Programme Manager / Contractor Representative:

Mr. Giuseppe RAZZA c/o Ministry of Environment and Spatial Planning of Kosovo Relindja Building, 15th floor – 10000 Pristina (Kosovo) Tel.:+377-(0)44-908421; Email: [email protected]

Title of the Report LEAP Strategy [C5-A5.01-D5.01.03]

Date of preparation 3 September 2017

Author of the Report Mr. Fatbardh SALLAKU, Senior Regional Short Term Expert (SRSTE) Mr. Giuseppe RAZZA, Programme Team Leader (PTL)

Quality check Mr. Giuseppe RAZZA, Programme Team Leader

Disclaimer

The opinions expressed in this Report are those of the authors and do not necessarily reflect the opinions of the Swedish Embassy in Kosovo or any other organisation mentioned. As a result, these will be verified before implementation of any of the recommendations contained herein.

LEAP Strategy

Kosovo Environmental Programme (KEP) 2016/07076 A Sida-funded project managed by the Swedish Embassy in Kosovo

i

TABLE OF CONTENTS Page

1 PREFACE ............................................................................................................................ 1

2 BACKGROUND INFORMATION ........................................................................................... 3

2.1 Introduction .............................................................................................................................. 3 2.1.1 LEAP purpose, objectivies and scope .............................................................................................................. 3

2.1.1.1 LEAP Definition ............................................................................................................................................. 3 2.1.1.2 LEAP Purpose ................................................................................................................................................ 3 2.1.1.3 LEAP Objectives ............................................................................................................................................ 6 2.1.1.4 LEAP Scope .................................................................................................................................................... 6

2.2 Legal Framework ...................................................................................................................... 7 2.2.1 Introduction ..................................................................................................................................................... 7 2.2.2 Overall Kosovan Environmental Legislation ................................................................................................... 7

2.2.2.1 Horizontal Legislation ................................................................................................................................. 20 2.2.2.2 Air Quality Legislation ................................................................................................................................. 21 2.2.2.3 Waste Management Legislation ................................................................................................................. 22 2.2.2.4 Water Protection Legislation ...................................................................................................................... 24 2.2.2.5 Nature Protection Legislation ..................................................................................................................... 25 2.2.2.6 Industrial Pollution Control and Risk Management Legislation ................................................................. 25 2.2.2.7 Chemicals’ Legislation ................................................................................................................................. 26 2.2.2.8 Noise Legislation ......................................................................................................................................... 27 2.2.2.9 Climate Change Legislation ......................................................................................................................... 27

2.2.3 Specific Legislation defining the LEAP obligations ....................................................................................... 28

2.3 LEAP Database in connection with KEPA Databases of Environmental Datas ........................ 32

3 GUIDELINES FOR LEAP DRAFTING..................................................................................... 33

3.1 Methodologies for LEAP Completion ...................................................................................... 33 3.1.1 Elements of a LEAP ........................................................................................................................................ 33

3.1.1.1 LEAP Completion Criteria ............................................................................................................................ 34 3.1.1.2 Role and importance of a LEAP in Kosovo .................................................................................................. 34 3.1.1.3 Methodology for LEAP preparation ............................................................................................................ 35

3.2 LEAP Phases and timing .......................................................................................................... 36 3.2.1 Introduction ................................................................................................................................................... 36 3.2.2 Getting Started (3-6 months) ........................................................................................................................ 37 3.2.3 Assessing Environmental Issues and Setting Priorities (6-12 months) ........................................................ 37 3.2.4 Developing and Environmental Action Plan (6-12 months) ......................................................................... 37 3.2.5 Implementing Actions (on-going) ................................................................................................................. 38 3.2.6 Monitoring and Evaluating Results (on-going) ............................................................................................ 38

3.3 Definition of the Key Structure of a LEAP ............................................................................... 39

4 ACTION PLAN .................................................................................................................. 41

A ANNEXES ......................................................................................................................... 43

A.1 Integral Version of Key Legislation ......................................................................................... 43 A.1.1 Law No. 03/L-025 “on Environmental Protection” ....................................................................................... 43

A.2 Workshop Materials ............................................................................................................... 71

A.3 Relevant Manual and Guidelines .......................................................................................... 102 A.3.1 Trainers’ Handbook: Implementing LEAPs in Central and Eastern Europe ............................................... 102 A.3.2 Manual for Developing Skills of NGOs in the Preparation of LEAPs .......................................................... 104 A.3.3 Guide to Implementing LEAPs in Central and Eastern Europe ................................................................... 106

LEAP Strategy


ii

GLOSSARY OF ACRONYMS A-H

cronyms Meaning

AI Administrative Instruction

ALMP Active Labour Market Programme

AoK Assembly of Kosovo

AR Assessment Report

BAT Best Available Technology

BC Beneficiary Country

BI Beneficiary Institution

CA Contracting Authority

CAA Competent Administrative Authority

CAFRDESP Parliamentary Committee on Agriculture, Forestry, Rural Development, Environment and Spatial Plan

CARDESP Cadastre, Agriculture, Rural Development, Environment and Spatial Planning

CCFS Climate Change Framework Strategy

CD Compact Disk (for dissemination of project information)

CEE Central and Eastern Europe

CEO Chief Executive Officer

CT Core Team

CTL Component Team Leader

CSO Civil Society Organisation

DB Database

DUPCE Directorate for Urban Planning, Cadastre and Environment (within the Kosovan Municipalities)

EAP Environmental Action Plan

EEA European Environmental Agency

EC European Commission

EIA Environmental Impact Assessment

EIONET European Environment Information and Observation Network

EIS Environmental Information System

EISS Environmental Information System Sector

EoS Embassy of Sweden

EPAB Environmental Protection Advisory Board

EPWD Environmental Protection and Water Department

ERCS Environmental Reporting and Cooperation Sector

ESAS Environmental State Assessment Sector

ESIA Environmental and Social Impact Assessment

EU European Union

EUD European Union Delegation

EUO European Union Office

EUOK European Union Office in Kosovo

EUR Euro (European currency)

FAM Framework Services Administrative Manual

FIM Framework Implementation Manual

FMS Financial Management System

FMT Framework Management Team

FR Final Report

FSP Framework Service Provider

GDP Gross Development Product

GHG Green House Gas

GoK Government of Kosovo

HCD Housing and Construction Department

HQ Head Quarter

LEAP Strategy


iii

H-P Acronyms Meaning

HR Human Resources

HRM Human Resources Management

HQ Head Quarter

IFI International Financing Institution

IMWC Inter Ministerial Water Council

INEP Institute of Nature and Environment Protection

IP Inception Period

IPA Instrument for Pre-Accession Assistance

IR Inception Report

ISC Institute for Sustainable Communities

IU Implementation Unit

JE Junior Expert

KEAP Kosovo Environmental Action Plan

KEEAP Kosovo Energy Efficiency Action Plan

KEP Kosovo Environmental Programme

KEPA Kosovo Environmental Protection Agency

KES Kosovo Environmental Strategy

KHMI Kosovo Hydro-Meteorological Institute

KNPI Kosovo Nature Protection Institute

KSEI Kosovo State Environmental Inspectorate

LA21 Local Agenda 21

LEAP Local Environmental Action Programme

LEDS Low Emission Development Strategy

LD Legal Department

LF Logical Framework

LOU Swedish Public Procurement Act

LTM Local Team Manager

MAFRD Ministry of Agriculture, Forestry and Rural Development

MDP Municipal Development Plan

MESP Ministry of Environment and Spatial Planning

MET Monitoring and Evaluation Team

MF Ministry of Finance

MO Ministerial Order

MoH Ministry of Health

MoM Minutes of Meeting

MWMP Municipal Waste Management Plan

MZM Municipal Zoning Map

NAS National Adaptation Strategy

NEAP National Environmental Action Plan

NGO Non-Governmental Organisation

NIS Newly Independent States

NP National Park

PCB Project Coordination and Backstopping

PD Project Director

PFU Programme Facilitation Unit

PGE Participation and Gender Expert

PM Project/Programme Management / Programme Manager

PMA Project Monitoring and Audit

PMG Project Management Guideline

POE Public Owned Company

LEAP Strategy


iv

P-W Acronyms Meaning

PTL Programme Team Leader

PT Project Team

PUC Public Utility Company

QA Quality Assurance

RB River Basin

REC Regional Environmental Centre

RBM Result Based Management

RBMP River Basin Management Plan

RWC Regional Water Company

SAEK Support to Anti-Corruption Efforts in Kosovo

SC Steering Committee

SE Senior Expert

SED State of Environment Directorate

SEE South East Europe

SEK Swedish Krona (Swedish currency)

SG Stakeholder Group

Sida Swedish International Development Cooperation Agency

SMILE Social Media for Innovative Local Empowerment

SPG Sida Procurement Guidelines

SPI Spatial Planning Institute

STE Short Term Expert

STISE Short Term International Senior Expert

STIJE Short Term International Junior Expert

STRNSE Short Term Regional/National Senior Expert

STRNJE Short Term Regional/National Junior Expert

SWOT Strength, Weaknesses, Opportunities and Threats Analysis

TA Technical Assistance

TAB Technical Advisory Board

TAC Technical Advisory Committee

TBA To be appointed

TBD To be defined

TC Technical Committee

ToR Terms of Reference

UN United Nations

UNDP United Nations Development Programme

UNEP United Nations Environmental Programme

UNMIK United Nations Mission in Kosovo

URP Urban Regulatory Plan

USAID United States Agency for International Development

USEPA United States Environmental Protection Agency

w/d Working Day

WD Water Department

WB World Bank

WP Work Plan

WSSI Women’s Safety and Security Initiative

Assessment Report


1

1 PREFACE

On 16th June 2016 the Embassy of Sweden (EoS) signed a Framework Agreement with ORGUT Consulting AB, then purchased by FCG Sweden, hereinafter simply called “FCG”, as Framework Service Provider (FSP) in partnership with EPTISA Servicios de Ingenieria (Spain), simply called “EPTISA”, for the implementation of the “Kosovo Environmental Programme”, also called “the Programme” or “KEP” (document proposed to EoS on June 2015), reference n.2016/07076, funded by the Swedish International Development Cooperation Agency (Sida) and agreed with the Ministry of Environment and Spatial Planning of the Republic of Kosovo (MESP). The Framework Agreement formally started on 4st July 2016 with an overall duration of 4 years until 3rd July 2020. The aim of the Programme is supporting the development of the capacity of the MESP, the Inter-Ministerial Water Council (IMWC), municipalities, and other stakeholders in environmental monitoring and management. More specifically KEP intends to develop the capacity of implementing the environmental legislation in compliance with EU directives and to support the Kosovo Environmental Protection Agency (KEPA) to enhance knowledge, to protect the biodiversity and to improve the management of trans-boundary protected areas, based on the national priorities deriving from the MESP policy documents, including the Kosovo Environmental Strategy (KES) and the National Environmental Action Plan (NEAP). The Programme aims also at strengthening the knowledge of Kosovo’s water resources improving their management and enhancing resilience to environmental and climate change. To achieve these objectives, KEP has been divided in the following Components:

KEP components

1. Strengthening KEPA’s capacity for environmental monitoring, assessment and reporting

2. Conservation of bio-diversity through Red Book of animal species in Kosovo

3. Strengthening the management of trans-boundary natural areas

4. Establishment of groundwater monitoring network in Kosovo

5. Strengthening capacity for implementation of environmental legislation at central-local level

6 Groundwater investigation in Drini River Basin

7. River basin management plan for Drini River Basin

8. Support to Inter-Ministerial Water Council

9. Provision of Technical Assistance Services to Programme Facilitation Unit (cross-cutting)

The expected results of the Component 5 of the KEP are:

• Institutional capacity of Municipalities and MESP to implement environmental legislation/regulations enhanced

• Number and quality of gender impact assessment of environmental legislation/regulations increased

• Communication-cooperation between the central and local levels to implement environmental laws improved

• Capacity of MESP and municipalities for participation and mainstreaming gender issues strengthened To achieve such results, the Component 5 has been articulated through the following Tasks and Activities:

A5.01 Enhancing institutional capacity of Municipalities and MESP to implement environmental legislation/regulations

A5.01.01 Review and assessment of the capacity and institutional gaps for implementation of environmental legislation at central and local level

A5.01.02 Drafting a reform and capacity-strengthening programme

A5.01.03 Preparation of a priority list of secondary legislation needed and draft 10 secondary legal documents

A5.01.04 Assessment of the implementation status of existing Local Environmental Action Plans and analyse bottlenecks for their implementation

A5.01.05 Preparation of a strategy for implementation for 5 pilot LEAPs and provide advisory support for their implementation

A5.01.06 Preparation of a priority list of basic manuals, codes of practices, standard operating practices and guidelines and draft 15 such documents

A5.01.07 Review and preparation of a preliminary update list of tariffs, fines and penalties; participate in events for getting public opinions, etc.

A5.01.08 Analysis of existing financing mechanisms for municipalities to implement environmental projects, identifying financing mechanisms

A5.01.09 Preparation of a list of themes for training programmes on implementation of environmental acquis, implementing 5 training programmes

A5.01.10 Preparation of list of themes for 5 workshops and 5 training programmes to strengthen the operational capacity of municipalities

A5.01.11 Preparation of list of priority themes for approximately 5 additional workshops/ seminars, and plan and implement them

A5.01.12 Planning and implementation of 2 study tours to relevant EU Member States for sharing experiences and know-how

A5.01.13 Preparation of plan for mainstreaming environmental and climate change resilience in all activities of the component

Tab.1.1.1: Planned Tasks and Activities to achieve the expected Results of the Components 5 (continue)

Assessment Report


2

A5.02 Improvement of communication-cooperation between the central and local levels to implement environmental laws

A5.02.01 Performing institutional analysis of roles and responsibilities of MESP and Municipalities and recommend changes

A5.02.02 Analysis of current mechanisms for coordination between MESP, Municipalities, CSOs and private and public enterprises

A5.02.03 Organisation of workshop on current and required coordination mechanism

A5.02.04 Review of existing set-up for MESP and reporting, propose changes, and organise workshop to reach agreement on required set-up

A5.02.05 Review and elaboration of relationships and competence of the different Inspectorates and draft any required legal texts in that regard

Tab.1.1.1: Planned Tasks and Activities to achieve the expected Results of the Components 5 (end)

At the 1993 “Environment for Europe” Ministerial Conference in Lucerne, Switzerland, the Ministers of Environment from Central and Eastern Europe (CEE) and the Newly Independent States (NIS) endorsed the “Environmental Action Programme for Central and Eastern Europe” (EAP). The underlying principle of the EAP was to take advantage of the “window of opportunity” that emerged after the collapse of the communist system and to integrate environmental considerations directly into the process of economic reconstruction. The EAP recommended that the most urgent environmental problems of CEE and NIS countries, particularly those at the local level, be prioritized and addressed as cost-effectively as possible within the limits of available resources. Since 1993, national governments from many CEE and NIS countries have transferred a wide array of environmental management responsibilities to local governments as part of a broader process of decentralization. In most CEE countries, local governments are now responsible for managing water supply and sewerage, heating supply, waste collection and disposal, green areas, and land-use planning. This has involved considerable experimentation as well as the development of new skills, institutions and ways of working. In this frame, on 2000 a specific Guide to Implementing Local Environmental Action Programs in Central and Eastern Europe was developed by the Regional Environmental Centre (REC) and the Institute for Sustainable Communities (ISC) to support local governments to fulfill their environmental responsibilities. The Guide explores how LEAPs can be launched at the community level; describes how to assess environmental issues and set environmental priorities; and explains how to implement selected actions and monitor and evaluate LEAPs’ results. Case studies are also presented that describe the practical implementation of LEAP projects within the CEE region. Thus, the Guide will be a useful reference document for use by local environmental officials, nongovernmental organizations, and other stakeholders at the community level. LEAPs are increasingly being used as instruments to support harmonization with environmental requirements within the process of accession to the European Union (EU). Local governments need to ensure that air and water quality parameters meet EU requirements and that waste is managed properly. This will require, inter alia, that local governments construct or modernize wastewater treatment and waste disposal facilities and improve energy services. In view of the limited resources available to address all of these problems, communities will need to set priorities and plan wisely for the implementation of these prioritiesm over the next 10 or 20 years. In view of the public’s right to access to environmental information under the terms of the Aarhus Convention, local governments will need to provide for effective public participation in environmental decision-making. LEAPs offer an effective tool to help communities address priority setting, project implementation, and public participation at the local level. Therefore, in accordance with Table 1.1.1 above, this “LEAP Strategy” has been finalised as a specific deliverable (D5.02.02) of the Task 05.01 aming at: ”Enhancing institutional capacity of Municipalities and MESP to implement environmental legislation/regulations” of the Component 5 “Strengthening capacity for implementation of environmental legislation, central & local level”. This Strategy has been finalised by Mr. Giuseppe RAZZA, the FSP Programme Team Leader (PTL) assisted by Ms.Fatbardh SALLAKU, by Mr. Tush MARKAJ and by other MESP officials and FSP consultants, taking also into consideration the work already implemented by other international funded assistance, in particular the above Guidelines for LEAP preparation finalised by REC and ISC In addition, and coherently with this LEAP Strategy, 5 municipalities have been selected in order to finalise their corresponding pilot LEAPs. The results of these revised LEAPs are shown in separate reports.

Assessment Report


3

2 BACKGROUND INFORMATION

2.1 INTRODUCTION

2.1.1 LEAP purpose, objectivies and scope

2.1.1.1 LEAP Definition

Local Environmental Action Planning is simply a participatory planning process for the management of environmental goods and services of an area. It is aimed at correcting negative environmental conditions to ensure a clean, safe and healthy environment. Every activity related to environmental management in an area should conform to the LEAP and the LEAP should feed into the Council’s Master plan. LEAP is not done in isolation, it should be in line with existing national policies and programmes; for instance, the LEAP priority should be informed by the current national plan and Strategy for Sustainable Socio-Economic Development. LEAPs involve developing a community vision, assessing environmental issues, setting priorities, identifying the most appropriate strategies for addressing the top problems, and implementing actions that achieve real environmental and public health improvements. LEAPs are founded upon meaningful public input in local governmental decision-making. LEAPs provide a forum for bringing together a diverse group of individuals with different interests, values, and perspectives. LEAPs are often led by a Stakeholder Group (SG) composed of representatives from all major institutions in the community, including businesses, nongovernmental organizations (NGOs), academic and scientific institutions, and government agencies. These individuals work together over a period of 12-24 months to forge a consensus on recommended priorities and actions for addressing environmental concerns. These recommended priorities and actions are compiled in an Environmental Action Plan (EAP) that serves as a blueprint for future environmental investments in the community. Recommendations from the EAP are then incorporated into the decisions of the Municipal Council and other implementing bodies. Over the last several years, LEAPs have been implemented in several CEE countries, providing a broad base of experience to assist in the development of new LEAPs. LEAPs are supported by international agreements. In April 1993, the Ministers of Environment from Western and Eastern Europe and the United States agreed upon a broad strategy for tackling environmental problems in the region known as the "Environmental Action Programme for Central and Eastern Europe.”1 The Action Programme outlines a multi-step process for national governments to set environmental priorities and take appropriate actions to improve environmental conditions in the region. It emphasizes the importance of identifying priority actions based upon environmental threats to human health and the health of local ecosystems, and the need to identify a range of actions for reducing these threats. Further, the Action Program emphasizes pollution prevention and resource conservation strategies that require modest expenditures while achieving substantial environmental improvements.

2.1.1.2 LEAP Purpose

The purpose of the Local Environmental Action Plan (LEAP) is to establish a living inventory of environmentally focused projects and programmes in Kosovo, providing a simple, logical framework for helping the community determine appropriate levels of support, coordination and involvement. LEAPs are also increasingly being used as instruments to support harmonization with environmental requirements within the process of accession to the European Union (EU). Local governments need to ensure that air and water quality parameters meet EU requirements and that waste is managed properly. This will require, interalia, that local governments construct or modernize wastewater treatment and waste disposal facilities and improve energy services. In view of the limited resources available to address all these problems, communities will need to set priorities and plan wisely for the implementation of these priorities over the next 10 or 20 years. In view of the public’s right to

Assessment Report


4

access to environmental information under the terms of the Aarhus Convention, local governments will need to provide for effective public participation in environmental decision-making. Over the last several years, a litany of environmental problems has surfaced in Kosovo that pose severe ecological, public health, and economic impacts to the Country. Under recent laws, local governments have been given broad, new responsibilities to address environmental problems. The Municipalities of Kosovo have, between others, the following environmental responsibilities: • Managing solid waste, • Controlling the disposal of dangerous substances on their territory, • Providing clean and adequate supplies of drinking water, • Managing wastewater, • Protecting and maintaining green areas, • Planning for and controlling land-uses, • Educating the public about environmental issues, and, • Controlling air pollution emissions from transport and local heating sources. The shift to decentralization is an important aspect of the transition to democracy. The new emphasis on local control of environmental problems recognizes that local governments and their citizens have the best understanding of local problems, issues, and needs. By decentralizing decisionmaking authority, environmental actions can be tailored to meet the specific needs of a community or region. Citizens from communities around the world are starting to embrace a new way of thinking and acting about their future. These citizens are interested in pursuing a new approach to community development that simultaneously seeks to protect the environment, alleviate poverty and disease, improve the quality of life, and secure a strong and vibrant local economy. In response, the concept of “sustainable development” has emerged as a multi-faceted development approach that strives to strengthen local economies, while respecting the limits of the natural environment to function and sustain human activities over time. According to the International Council for Local Environmental Initiatives, Sustainable development can be defined as development that delivers basic environmental, social, and economic services to all residents of a community without threatening the viability of the natural, built, and social systems. In 1992, sustainable development received a major boost when representatives from 140 countries joined together for the United Nations Conference on Environment and Development and adopted “Agenda 21” — a sustainable development action plan for the 21st century. Among other features, Agenda 21 encourages local governments in each country to work closely with their citizens to develop a “Local Agenda 21 (LA21).” Under LA21, local governments are encouraged to: • Learn from citizens and from local, civic, community, business, and industrial organizations about their priorities,

values, and proposed solutions; • Acquire information needed for formulating the best implementation strategies, and to implement appropriate

policies, laws, and regulations to move toward sustainable development in their communities; and, • Develop local sustainable development action plans in cooperation with their citizens. Thousands of communities worldwide are implementing LA21s — striving to become sustainable communities. Sustainable communities can be defined as those communities that value healthy ecosystems, use resources efficiently, and actively seek to retain and enhance a locally-based economy. They have a vision that is embraced and actively promoted by all of the key sectors of society, including businesses, disadvantaged groups, environmentalists, civic associations, government agencies, and religious organizations. Sustainable communities emphasize ecosystem protection, meaningful and broad-based citizen participation, and economic self-reliance. According to Concern, Inc., a sustainable community uses its resources to meet current needs while ensuring that adequate resources are available for future generations. It seeks improved public health and a better quality of life for

Assessment Report


5

all its residents by limiting waste, preventing pollution, maximizing conservation and promoting efficiency, and developing local resources to revitalize the local economy.

Fig.2.1.1: Flowchart of Project Activities to implement a Local Environmental Action Plan (LEAP)

LEAPs provide an excellent starting point for developing a sustainable community. They help ensure that your community has adequately examined and addressed major environmental issues that adversely affect both human health and the health of the ecosystem. LEAPs emphasize minimizing pollution and waste, efficiently using natural resources, promoting pollution prevention, and assuring sustainable resource use over the long-term. LEAPs stress the importance of meeting economic needs while respecting the limits of the natural environment to function and sustain human activities over time.

Assessment Report


6

Both LEAPs and LA21s involve the participation of a broad spectrum of stakeholders to guide the planning processes, and both involve identifying key issues facing communities and developing plans of action to address these issues. However, as noted above, LA21s encompass all elements of sustainability, while LEAP is more narrowly focused on environmental issues. For communities that are just starting to think about becoming “sustainable,” the process of tackling all major issues may be somewhat daunting. Thus, LEAPs provide a manageable “entry point” for communities to start to address the broader issue of sustainability. Citizens in the local community may decide to add specific non-environmental considerations into the LEAP. For example, the SG in Elk, Poland identified economic development strategies that complimented their efforts to improve and protect the local environment. The Municipality and SG identified eco-tourism and sustainable food production/processing as two primary target areas for economic development. The SG selected “Clean-up of Lake Elk” as the highest priority action, in large part because it would further the goal of promoting ecotourism. It is important to point out the concept of “sustainable communities” is still emerging and continually evolving. There is no one “right” path to sustainability, and communities worldwide are struggling to define “sustainability” and interpret what it means for their future development. These communities are constantly exploring innovative approaches that seek to meet human needs within the limits of the natural world. LEAPs offer an effective tool to help communities address priority setting, project implementation, and public participation at the local level.

2.1.1.3 LEAP Objectives

LEAPs in Kosovo have included the following main goals, among others:

a) To improve environmental conditions in the community by implementing concrete, cost-effective environmental action strategies;

b) To raise and promote public awareness on environmental protection and responsibility for environmental issues, and to increase public support for action, strategies and investments;

c) To engage and strengthen the capacity of both local government and NGOs to implement ecological standards and to finalise, manage and implement projects and programmes in the field of environmental protection, including their ability to obtain financing from national and international institutions and sponsors;

d) To promote partnerships between citizens, local government officials, NGO representatives, scientists, and business people, and to learn to work together in solving community problems;

e) To identify, assess, and set environmental priorities for action based on community values and scientific data in the entire territory of the respective municipality;

f) To produce a local EAP that identifies specific actions for solving problems and promoting the vision of the community;

g) To ensure financial means for environmental protection at the local level h) To fulfill national regulatory requirements to prepare EAPs, as required by national governments of the Republic of

Kosovo.

2.1.1.4 LEAP Scope

The scope of LEAP is to:

a) Provide an overview stocktake of environmentally focussed projects and programmes in the Kosovo regions. b) Aid the local communities and council in responding appropriately to issues and areas of environmental concern. c) Assemble a database of past, present and potential future environmentally-focussed projects and programmes

(records) and their supporting organisation(s), networks, groups, and stakeholders. d) Develop a data model that will assess the relevancy of these activities with council and board priorities, identifying

which projects and programmes are essential and beneficial now, desirable in the near future, or more suitable for consideration at a later time.

e) Ensure that available budget and funding is channelled into the activities that achieve most benefit for the Kosovo environment.

f) Provide information that will assist in coordination of interests between functions of council and external interests, including parks, wastewater, transport and utilities, and community organisations such as education and local action groups.

Assessment Report


7

2.2 LEGAL FRAMEWORK

2.2.1 Introduction

The preparation of a LEAP is mandatory for Central and Eastern European countries that have started the Stabilisation and Association process aiming to their integration into EU. In Kosovo the drafting of these plans by local governments is a legal duty, as defined in Article 24 of the Law on Environmental Protection No.03 / L-25. The local Environmental Action Plan aims to: • Solve environmental problems through the identification of the priorities and the definition of actions for their

solution, including all possible actors for defining these actions and creating strategies for their effective implementation, interlinked under an Action Plan.

• Develop civil society through strengthening co-ordination and communication between the various sectors in the community, bringing together representatives of different communities representing different interests in these communities, including local authorities, NGO representatives, business, scientists, explaining the specific techniques that local organizers can use to determine the main actors of the process, increase public participation and contribution in the process of recruiting and working with volunteers and promoting cooperation between interested groups and organizations.

• Increase local government and community’s skills for the presentation of the essential elements of the plan of community action, assessing problems and community opportunities, organizing civic committees, including the public, setting priorities, developing strategies and develop an Action Plan.

• Increase the exchange of information at local level by bringing examples and models from previous community plans from which participants can draw ideas and techniques applicable in their concrete cases to carefully collect information on the current state of the environment.

• Provide concrete solutions to community problems through exchange of experiences regarding the use of skills in analysis, planning, assessments and debates that are essential for effective community action. By giving participants the opportunity to put into practice group work, dealing with solving practical problems through the interaction of small working groups.

Preparation of LEAP is mandatory for Central and Eastern European countries that have started the Stabilization Association process and aim to integrate into the EU. For our country, the drafting of these plans by local governments is a legal duty, as defined in Article 24 of the Law on Environmental Protection No.03 / L-025.

2.2.2 Overall Kosovan Environmental Legislation

To finalise a LEAP it is very important to operate within a clear and well understood legislative framework. At this purpose, the analysis of the overall legislation in force in Kosovo characterising the environmental sector is extremely important. The feasibility study for a Stabilisation and Association Agreement (SAA) between the European Union and Kosovo1 has confirmed that there is no legal obstacle to conclude an SAA, and that Kosovo was in principle largely ready to start the negotiations for an SAA – once Kosovo had made progress on some short-term priorities. A number of framework laws covering the main environment acquis areas are already in place. Kosovo has adopted laws on environmental impact assessments and strategic environmental assessments broadly in line with EU standards. The legal framework to implement EU air quality standards is in place. Kosovo has adopted a new water law and a framework law on nature conservation to transpose EU acquis. Other framework laws are in place, including the new law on waste management and the law on chemicals. Kosovo is also starting to establish a new legal and institutional framework for Climate Change and to implement the related EU acquis, also through the support of the assistance funded by international donors. The key institutions are also in place. The administration responsible for environment and climate policy is the Ministry of Environment and Spatial Planning, where Kosovo Environment Protection Agency

1 http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ks_feasibility_2012_en.pdf

Assessment Report


8

(KEPA) monitors the state of the environment with the support of the Central and Municipal Environmental Inspectorates (see more details below). However, to meet its obligations under an SAA, Kosovo needs to continue efforts to complete the legal and administrative framework in accordance with EU environmental and climate standards, focusing the attention to the approval of the secondary legislation and to the decentralisation of the responsibilities for the monitoring and enforcement of environmental policies from central to municipal level. The remaining framework laws (on noise and civil protection) need to be adopted and completed by secondary legislation. The institutions to implement EU standards are in place, but their capacity to implement and enforce legislation both at central and local levels needs to be strengthened. The budget allocated by the Ministry of Finance to the sector at central and local level is not sufficient (approximately 4 Million EUR/year), and environmental and climate concerns are not mainstreamed into other policies. Kosovo lacks sufficient human, administrative and financial capacities to implement EU environmental and climate standards. Preparations are at an early stage in the area of industrial pollution control and risk management. The environment in Kosovo faces severe challenges, and most pollution levels are significantly above EU general levels. The lignite power plants are the main source of air pollutants, with some indicator levels (e.g. for dust, NOx and SO²) exceeding several times the EU and WHO limits. Furthermore, Kosovo's air quality monitoring network is not yet fully operational. Kosovo has only one operational wastewater treatment plant and a large part of the population is not connected to drinking water supply networks. Factors that cause current pollution of surface and groundwater, air, and soil, including solid and liquid wastes; energy production pollution; deterioration of the natural resources particularly through deforestation; and factors causing considerable climate change, have had a tremendous impact on the life and livelihoods of men and women. Women, as the key working force in agriculture and as family caretakers, are the ones most exposed to such factors. Environmental pollution also has a critical impact on mothers during their pregnancy, and on newborn babies. As a result of issues related to its status, Kosovo is not in a position to become party to most conventions, protocols or other international environmental agreements. Kosovo is not party to the UN Framework Convention on Climate Change. There is no sectoral climate change strategy or action plan, and there are no economy-wide mitigation targets or policies and measures. In the context of an SAA, Kosovo would be expected to devote substantially greater financial resources to implement EU environmental standards and to address its environmental challenges, given the investment needs related to water quality or waste management. To improve air quality, the "Kosovo A" power plant would need to be closed in line with Kosovo’s Energy Community Treaty obligations2. Environmental considerations need to be mainstreamed into sector policies, particularly those on energy, transport, forestry, agriculture and industry. Under an SAA, Kosovo would strengthen its cooperation with the EU in combating the deterioration of the environment as regards air and water quality; in improving waste management and nature protection; in monitoring and reducing industrial emissions; and in promoting energy efficiency and safety at industrial installations, soil protection, classification and safe handling of chemicals and urban planning. These measures would have a positive impact on the health of Kosovo’s population, including a decrease of infant mortality related to environmental pollution, and improve living standards for men and women, including their access to clean water, air, soil. To date, Kosovo has pursued approximation to EU environmental standards with important advances in legislation concerning the Environmental Protection as a whole, the EIA, the SEA, IPPC and the Nature Protection. In addition, the establishment of new environmental laws3 and further recruitment of staff at both central and local level are seen as positive steps forward. Many laws have been recently revised and adopted by the Assembly of Kosovo (see http://www.assembly-kosova.org) and other secondary legislation (administrative instructions, administrative orders and ministerial regulations) have been approved mainly by MESP. In the Tables 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5 and 2.2.6 of the following pages these primary laws and secondary legislations have been summarised together with the corresponding list of EU legal acts4, directives and regulations to facilitate a further comparative analysis regarding the transposition of the EU environmental acquis into the Kosovan legislative framework.

2 http://www.energy-community.org/portal/page/portal/ENC_HOME/ENERGY_COMMUNITY/Legal/Treaty 3 New Law on Environmental Protection (03/L-025), on EIA (03/L-214), on SEA (03/L-230), on Nature Conservation (L-03/L-233) and on Integrated

Prevention Pollution Control (03/L-043), all approved on 2009 and 2010; 4 Although this is not technically correct, for the sake of simplicity we use the term “EU legal act” to describe the directives and regulations for

which progress in transposition or implementation is being monitored

http://www.energy-community.org/portal/page/portal/ENC_HOME/ENERGY_COMMUNITY/Legal/Treaty

Assessment Report


9

Kosovan Laws/ Regulations

Status

EU acquis/assessment

Environmental Protection Laws

Law on Environmental Protection

▪ Law No. 03/L-025 “on Environmental Protection” approved by the Assembly of Kosovo on 26.02.2009 and promulgated by the President Decree on 19.03.2009, it repealed the AI No.02/2004 and the Regulation No. 9/2003;

▪ Law No. 04/L-175 “on the inspectorate of environment, waters, nature, spatial planning and construction”, approved on 2.10.2013 and promulgated by Presidential Decree No. DL-053-2013, dated 21.10.2013.

▪ Law No.05/L-044 “on the environmentally endangered zone of Obliq and its surroundings” approved by the Assembly of Kosovo on 30.11.2016;

▪ Law No. 04/L-117 “on road and ecological tax for vehicles” approved by the AoK on 06.09.2012 and promulgated by Presidential Decree No. DL-040-2012, dated 19.09.2012, repealing the UNMIK Regulation No 2005/14

▪ Law No. 04/L-175 “on the inspectorate of environment, waters, nature, spatial planning and construction”, approved on 2.10.2013 and promulgated by Decree No. DL-053-2013, dated 21.10.2013

▪ AI No.2004/09-MESP “on the Cadastre of Environmental Polluter Emissions. Forms and Instructions on Form Application”, dated 03.08.2005;

▪ AI No.17/2013 “on the Cadastre of Environmental Pollution Discharge”; ▪ AI No. 22/03-MESP “on organisation of the KEPA”, dated 06.10.2003; ▪ AI No. 13/2011-MESP “on organisational structure and responsibilities of KEPA”, dated 09.09.2011; ▪ AI No. 17/2012 “on the Register for the plants on which is verified presence of hazardous substances”; ▪ Reg. No. 03/2014 “of responsibilities, internal organization and systematization of jobs in the agency of environmental

protection of Kosovo”, repealing Reg. No. 13/2011; ▪ AI No. 22/2014 “for the manner and sampling procedures by inspector”; ▪ AI No. 03/2015 “on authorization for scientific research in nature”, dated 03.03.2015 ▪ AI No. 06/2015 “on content and form of the legitimacy for environment inspector, urban and construction”; ▪ AI No. 21/2015 “on form and contents of records for supervision of inspection”; ▪ AI No. 07/2016 “establishing an environmental information system”; ▪ AI No. 1/2017-MESP “on the release of municipal environmental permit” dated 02.05.2017, repealing the AI No. 17/2015; ▪ AI No. 7/2017-MESP “on environmental permit” dated 09.06.2017, repealing the AI No. 25/2012 “on Environmental

permit”

▪ Directive No. 2003/4/EC of the European Parliament and of the Council of 28.01.2003 “on public access to environmental information” and repealing Council Directive No. 90/313/EEC;

▪ Directive No. 2004/35/CE of the European Parliament and of the Council of 21.04.2004 “on environmental liability with regard to the prevention and remedying of environmental damage” as amended by Directive 2006/21/EC, 2009/31/EC and 2013/30/EU;

▪ Directive No. 2008/99/EC of the European Parliament and of the Council of 19.11.2008 “on the protection of the environment through criminal law”;

▪ Directive No. 2003/35/EC of the European Parliament and of the Council of 26.05.2003 “on public participation in respect of the drawing up of certain plans and programmes relating to the environment” and amending the Council Directives No. 85/337/EEC and 96/61/EC “on public participation and access to justice”.

Law on EIA

▪ Law No. 03/L-214 “on Environmental Impact Assessment” approved by the AoK on 23.09.2010 and promulgated by the Presidential Decree No. DL-048-2010 of 14.10.2010. It replaced the Law No. 03/L-024 approved by the AoK on 26.02.2009;

▪ AI No. 05/2011 “On the methodology of risk assessment from chemical accident and measures for consequence elimination”;

▪ AI No.10/2011-MESP “for preventing quantity accidents involving hazardous substances” dated 13.07.2011; ▪ AI No.11/2011-MESP “to determine the amount of the fee for services relating to the EIA” dated 13.07.2011; ▪ AI No. 08/2012 “on determaining of documentation for application for environmental consent according to nature of the

project”; ▪ AI No. 08/2015 - MESP “on determining the tariff value of services related to the process of environmental impact

assessment” dated 31.07.2015 ▪ AI N° 16/2015 – MESP “on information, public participation and interested parties in the proceedings of environmental

impact assessment” dated 01.12.2015 ▪ AI No. 10/2017 – MESP “on licencing compilers of environmental impact assessment reports” dated 27.07.2017 ▪ AI No.14/2018 - GRK “for capture and storage of carbon dioxide in suitable geological formations” dated 19.12.2018

▪ Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 “on the assessment of the effects of certain public and private projects on the environment applies to the assessment of the environmental effects of those projects which are likely to have significant effects on the environment”, repealing the Directive No. 85/337/EEC “on the assessment of the effects of certain public and private projects on the environment” approved on 27.06.2985 (so called “EIA Directive”) as amended by the Directive No. 97/11/EC of 3 March 1997

▪ Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance


▪ Directive No. 2009/31/EC of the European Parliament and of the Council of 23 April 2009 “on the geological storage of carbon dioxide” and amending Council Directive No. 85/337/EEC, European Parliament and Directives No. 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006

Tab.2.2.1: Relevant Environmental Protection and EIA primary and secondary Kosovan Legislative Framework and EU Directives and Regulations to be approximated (continue)

Assessment Report


10


Status



Law on IPPC

▪ The Law No. 03/L-043 “on Integrated Prevention Pollution Control” approved by AoK on 26.03.2009 and promulgated by the Presidential Decree No. DL-010-2009 of 23.04.2009.

▪ AI No. 65/05-MESP “on Issuing Ecological Permit/Licence”, dated 07.11.2005; ▪ AI No. 08/2010-MESP “on Licence Requirements for specific types of operations and plants” ▪ AI No. 17/2010 “for license requirements for specific types of operations and plants”, dated 16.08.2010 ▪ AI No. 01/2011-MESP “on Procedures for the Development and Approval of Documents referring to the

Best Available Techniques”, dated 31.03.2011; ▪ AI No. 03/2011-MESP “on Form, Content and Filing Method of Application for an Integrated Permit”,

dated 31.03.2011; ▪ AI No.06/2007 “on rules and standards of the discharges on air by the stationary sources of pollution” ▪ AI No.17/2010 “for Licence requirements for specific types of operations and plants permits” ▪ AI No.09/2012 “on the content and manner of holding the register of integrated issues permits”; ▪ AI No.3/2015 on list of activities that require environmental authorization, the application form, the

application procedure and the content of environmental authorization, dated 03.03.2015 ▪ AI No.13/2015 “for determining the value of tariffs for services regarding integrated prevention on

pollution control” It repeals AI No. 13/2014; ▪ AI No.01/2017 on municipal environmental permit dated 02.05.20017, repeals the AI No. 17/2015

▪ Council Directive No. 96/82/EC of 9.12.1996 “on the control of major-accident hazards involving dangerous substances”, as amended by Directive No. 2003/105/EC and Regulations No. EC/1882/2003 and EC/1137/2008;

▪ Council Directive No. 1999/13/EC of 11.03.1999 “on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations”, as amended by Regulation No. EC/1882/2003 and Directives No. 2004/42/EC and 2008/112/EC;

▪ Directive No. 2000/76/EC of the European Parliament and of the Council of 04.12.2000 “on the incineration of waste”, as amended by Regulation No. EC/1137/2008;

▪ Directive No. 2001/80/EC of the European Parliament and of the Council of 23.10.2001 “on the limitation of emissions of certain pollutants into the air from large combustion plants”, as amended by Directives No. 2006/105/EC and 2009/31/EC (the so called “LCP” Directive);

▪ Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18.01.2006 concerning “the establishment of a European Pollutant Release and Transfer Register” and amending Council Directives No. 91/689/EEC and 96/61/EC;

▪ Council Directive No. 2008/1/EC of 15.01.2008 “concerning integrated pollution prevention and control” (codified version), as amended by Directive 2009/31/EC;

▪ Reg. No.EC/1221/2009 of the European parliament and the Council of 25.11.2009 “on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)”, repealing Reg. No.EC/761/2001, and Commission Decisions No.2001/681/EC and 2006/193/EC;

▪ Regulation No. EC/66/2010 of the EU Parliament and Council of 25.11.2009 “on the EU Eco-label”; ▪ Directive No.2010/75/EU of the European Parliament and the Council of 06.01.2011 “on Industrial

Emission (Integrated Pollution Prevention and Control” (the so called “IED” or “IE” Directive)

Law on Environmental Risks

▪ AI No.10/2011-MESP “for preventing quantity accidents involving hazardous Substances” dated 13.07.2011

▪ Law No.03/L-025 “on Environmental Protection” approved by the Assembly of Kosovo on 26.02.2009 and promulgated by the President Decree on 19.03.2009 (repealed AI No. 2/2004 & Reg 2003/9);

▪ Law No.04/L-027 “for protection against natural and other disasters” approved by the AoK on 22.09.2011 and promulgated by the Presidential Decree No. DL-037-2011, dated 07.10.2011. It repealed Law No.02/L-68.

▪ National Response Plan (see 7.12 Annex on Incidents with Oils and Hazardous Substances, p. 119) ▪ Law No.04/L-147 “on Waters of Kosovo” adopted by the AoK on 19.03.2013. Promulgated by Presidential

Decree No. DL-011-2013, dated 05.04.2013 repealing the Law No. 2004/24 “on Water”; ▪ AI No.19/2008 “on methodology of drafting of risk assessment and plans for the protection and rescue”; ▪ Reg. No.28/2012 ‘on the methodology for risk assessment development”; ▪ AI No.01/2013 “for emblem of emergency management agency”; ▪ Reg. No.08/2013 “on the contencts and procedures of drafting emergency response plans”; ▪ Reg. No.18/2013 “for organization and operation of monitoring, notification and warning system”; ▪ Reg. No.07/2014 “on the type and minimum quantity of tools and equipment for personal and collective

protection from natural disasters and other disasters”; ▪ Reg. No.01/2015 “for type of objects, measures of space, urbanism, construction and other technical

measures of protection against natural and other disasters”; ▪ AI No.13/2015 “on type, form, model of uniforms and identification card for member of the EMA/PRAS”; ▪ AI No.17/2015 “for the methodology of damage assessment from natural and other disasters”; ▪ AI No.18/2015 “ for organizing the unit structures for protection, rescue and aid”;

▪ Council Directive No. 96/82/EC of 9.12.1996 “on the control of major-accident hazards involving dangerous substances”, as amended by Directive No. 2003/105/EC and Regulations No. EC/1882/2003 and EC/1137/2008;

▪ Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 “on the assessment and management of flood risks”

▪ Directive No.2012/18/EU of the European Parliament and of the Council of 4 July 2012 “on the control of major-accident hazards involving dangerous substances”, amending and subsequently repealing Council Directive 96/82/EC (Seveso III)

Tab.2.2.1: Relevant Environmental Protection (Industrial Pollution Control and Risk Management) primary and secondary Kosovan Legislative Framework and EU Directives and Regulations to be approximated (continue)

Assessment Report


11


Status



Law on SEA ▪ Law No. 03/L-230 “on Strategic Environmental Assessment” approved by the AoK

on 30.08.2010 and promulgated by the Presidential Decree on 18.10.2010. It replaced the Law No.03/L-015 approved by the AoK on 12.02.2009

▪ Directive No. 2001/42/EC of the European Parliament and of the Council of 27.06.2001 “on the assessment of the effects of certain plans and programmes on the environment” (also called “SEA Directive”);


Law on Dam Safety

▪ Law No. 03/L-214 “on Environmental Impact Assessment” approved by the AoK on 23.09.2010 and promulgated by the Presidential Decree No. DL-048-2010 of 14.10.2010. It replaced the Law No. 03/L-024 approved by the AoK on 26.02.2009;

▪ AI No.09/2004-MESP “on Environmental Impact Assessment”, dated 14/07/2004

▪ Law No. 03/L-230 “on Strategic Environmental Assessment” approved by the AoK on 30.08.2010 and promulgated by the Presidential Decree on 18.10.2010. It replaced the Law No.03/L-015 approved by the AoK on 12.02.2009

▪ Law No. 04/L-147 “on Waters of Kosovo” adopted by the AoK on 19.03.2013. Promulgated by Presidential Decree No. DL-011-2013, of 05.04.2013 repealing the Law No. 2004/24 “on Water”;

▪ AI N° 26/2013 “for determining the way of verifying and legitimating the water inspectorate” dated 05.11.2014;

▪ AI No. 03/2018-MESP “on procedures for water permit”, dated 07.09.2018; ▪ AI No. 02/2016-GRK “on water payment structure”, dated 04.03.2016; ▪ AI No. 05/2016 “for regulation of the status of water assets” dated 07.11.2016; ▪ AI No 09/2017 – MESP “on instruction for design, construction and use of dams”

dated 14.07.2017; ▪ Law No. 03/L-025 “on Environmental Protection” approved by the Assembly of

Kosovo (AoK) on 26.02.2009 and promulgated by the President Decree on 19.03.2009

▪ Reg. 01/2015 “for type of objects, measures of space, urbanism, construction and other technical measures of protection against natural and other disasters” dated 07.04.2015;

▪ Law No. 04/L-027 “for protection against natural and other disasters” approved by the AoK on 22.09.2011 and promulgated on 07.10.2011

▪ Law No. 06/L-33 “on construction products”, adopted by the AoK on 07.11.2018 and promulgated with Presidential Decree No. DL-057-2018 on 23.11.2018;

▪ AI No. 08/2015 - MESP “on determining the tariff value of services related to the process of environmental impact assessment” dated 31.07.2015

▪ AI N° 16/2015-MESP “on information, public participation and interested parties in the proceedings of environmental impact assessment” dated 01.12.2015;

▪ AI No. 10/2017-MESP “on licencing compilers of environmental impact assessment reports”;

▪ Draft AI No --/2017 - MESP “on instruction for design, construction and use of dams”

▪ Council Directive No. 85/337/EEC “on the assessment of the effects of certain public and private projects on the environment” approved on 27.06.2985 (the so called “EIA Directive”);

▪ Council Directive No. 97/11/EC of 3 March 1997 amending Directive No. 85/337/EEC “on the assessment of the effects of certain public and private projects on the environment”;

▪ Directive No. 2003/35/EC of the European Parliament and of the Council of 26.05.2003 “providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment” and amending with regard to public participation and access to justice Council Directives No. 85/337/EEC and 96/61/EC;

▪ Directive No. 2009/31/EC of the European Parliament and of the Council of 23 April 2009 “on the geological storage of carbon dioxide” and amending Council Directive No. 85/337/EEC, European Parliament and Council Directives No. 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006

▪ Directive 2011/92/EU of the European Parliament And of the Council of 13 December 2011 “on the assessment of the effects of certain public and private projects on the environment” (codification)


▪ Directive No. 2000/60/EC of the European Parliament and of the Council of 23.10.2000 “establishing a framework for Community action in the field of water policy”, as amended by Decision No. 2455/2001/EC and Directives No. 2008/32/EC, 2008/105/EC and 2009/31/EC;

▪ Directive No. 2007/60/EC of 23 October 2007 “on the assessment and management of flood risks” (text with EEA relevance);

Tab.2.2.1: Relevant Environmental Protection (SEA and Dam Safety) primary and secondary Kosovan Legislative Framework and EU Directives and Regulations to be approximated (continue)

Assessment Report


12


Status


Environmental Protectio Lawsn

Law on chemicals

▪ Law No. 04/L-197 “on Chemicals” approved on 27.02.2014 and promulgated by Decree No. DL-005-2014, dated 14.03.2014. It repealed Law No. 02/L-116 promulgated with the UNMIK Regulation No 2008/8

▪ AI No. 05/2015 “for management of biphenyls and triphenyl polychlorinated and wastes from PCB and PCT”

▪ AI No. 15/2015 “on waste management of fluorescent tubes containing mercury” dated 26.05.2015

▪ AI No. 23/2015 “for management of wastes containing asbestos” ▪ AI No 17/2014 “on classification, labelling and packing of hazardous

chemicals” dated 06.11.2014 ▪ AI No.24/2015 “for export, import and transit of certain hazardous

chemicals, pic-procedure” dated 31.12.2015 ▪ AI No. 8/2016 “for circulation of hazardous chemicals, storage

conditions and procedures for obtaining the permit and license” dated 15.12.2016

▪ AI No. 18/2017 “on the Technical Safety list for Chemicals, Content and Completion Manner of its Supplement” dated 29.12.2017

▪ Law No.2009/03-L-119 “on biocide products” approved by AoK on 27.05.2009 and promulgated by the Presidential Decree No. DL-014-2009, dated 19.06.2009

▪ Regulation (EC) No 1907/2006 of 18 December 2006 “concerning the registration, evaluation, authorisation and restriction of chemicals (reach), establishing a European Chemicals Agency”, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC

▪ Directive 67/548/EEC of 27 June 1967 “on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances”, as amended by Directives 69/81/EEC, 70/189/EEC, 71/144/EEC, 73/146/EEC, 75/409/EEC, 76/907/EEC, 79/370/EEC, 79/831/EEC, 80/1189/EEC, 81/957/EEC, 82/232/EEC, 83/467/EEC, 84/449/EEC, 86/431/EEC, 87/432/EEC, 88/302/EEC, 88/490/EEC, 90/517/EEC, 91/325/EEC, 91/326/EEC, 91/410/EEC, 91/632/EEC, 92/32/EC, 92/37/EC, 93/21/EC, 93/72/EC, 93/101/EC, 93/105/EC, 94/69/EC, 96/54/EC, 96/56/EC, 97/69/EC, 98/73/EC, 98/98/EC, 99/33/EC, 2000/32/EC, 2000/33/EC, 2001/59/EC and 2004/73/EC, and Regulation (EC) 807/2003

▪ Regulation (EC) No 1272/2008 of 16 December 2008 “on classification, labelling and packaging of substances and mixtures”, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)

▪ Directive 98/8/EC of 16 February 1998 “concerning the placing of biocide products on the market”, as amended by Regulations (EC) 1882/2003, 1896/2000, 2032/2003 and Directives: 2006/50/EC, 2006/140/EC, 2008/31/EC, 2009/84/EC, 2009/85/EC, 2009/86/EC, 2009/87/EC, 2009/88/EC, 2009/89/EC, 2009/91/EC, 2009/92/EC, 2009/93/EC, 2009/94/EC, 2009/95/EC, 2009/96/EC and 2009/98/EC, 2009/151/EC

▪ Regulation (EC) No 689/2008 of 17 June 2008 “concerning the export and import of dangerous chemicals” ▪ Directive 87/217/EEC of 19 March 1987 “on the prevention and reduction of environmental pollution by asbestos”, as amended by

Directive 91/692/EEC and Regulation (EC) 807/2003

Law on protection from noise

▪ Law No. 02/L-102 “on noise protection” approved by the AoK on 30.03.2007 and promulgated by the SRSG on 17.03.2008;

▪ AI No.08/2009 “on allowed values of noise emission from pollution sources”

▪ Directive No. 2000/14/EC of the European Parliament and of the Council of 08.05.2000 “on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors”;

▪ Directive No. 2002/49/EC of the European Parliament and of the Council of 25.06.2002 “relating to the assessment and management of environmental noise” as amended by Regulation EC/1137/2008.

Law on Civil Protection

▪ The intervention plan in the of event of environmental accidents ▪ Law No. 03/L-025 “on Environmental Protection” approved by the

Assembly of Kosovo (AoK) on 26.02.2009 and promulgated by the President Decree on 19.03.2009;

▪ Law No. 04/L-175 “on the inspectorate of environment, waters, nature, spatial planning and construction”, approved on 2.10.2013 and promulgated by Presidential Decree No. DL-053-2013, dated 21.10.2013. It repealed the AI No.02/2004 and the Regulation N.2003/9;

▪ National Response Plan. In particular see 7.12 Annex on Incidents with Oils and Hazardous Substances, p. 119

▪ Law No. 04/L-027 for protection against natural and other disasters approved by the AoK on 22.09.2011 and promulgated on 07.10.2011

▪ Commission Decision of 29 July 2010 amending Decision 2004/277/EC, Euratom as regards rules for the implementation of Council Decision 2007/779/EC, Euratom “establishing a Community civil protection mechanism”;

▪ Council Decision 2007/779/EC “establishing a Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions”;

▪ Council Decision 2007/162/EC “establishing the civil protection financial instrument”; ▪ Commission Decision 2007/606/EC, Euratom “on the implementation of the provision on transport in Council Decision 2007/162/EC”. ▪ Council Decision 2004/277/EC, Euratom “laying down rules for the implementation of Council Decision 2001/792/EC establishing a

Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions”; ▪ Commission Decision 2008/73/EC, Euratom, amending Decision 2004/277/EC, Euratom as regards “rules for the implementation of

the mechanism”; ▪ Commission Decision of 29 December 2003 “laying down rules for the implementation of Council Decision 2001/792/EC, Euratom,

establishing a Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions”, as amended by 2008/73/EC, Euratom

▪ Commission Decision of 20 December 2007 amending Decision 2004/277/EC, Euratom, as regards “rules for the implementation of Council Decision 2007/779/EC, Euratom, establishing a Community Civil Protection mechanism” (notified under document number C(2007) 6464) (text with EEA relevance ) 2008/73/EC, Euratom: Commission Decision of 20 December 2007 amending Decision

▪ Directive 2002/22/EC “on universal service and users' rights” (European Emergency Number 112)

Tab.2.2.1: Relevant Environmental Protection (Chemicals, Noise and Civil Protection) primary and secondary Kosovan Legislative Framework and EU Directives and Regulations to be approximated (end)

Assessment Report


13


Status


General Environmental and Permitting Laws

Law on Nature Protection

▪ Law No.2003/3 “on Kosovo Forests” approved by the AoK on 13.02.2003 and promulgated by the SRSG on 20.03.2003 (UNMIK Regulation No. 2003/6). This Law was amended by Law No. 2004/29 approved by the AoK on 28.07.2004 and by the Law No. 03/L-153 approved by the AoK on 25.02.2010;

▪ AI No 06/2010 “On the way and procedures of selling of forests trunks and woods assortments from public forests” dated 28.06.2010 ▪ AI No 14/2011 “On amendment and supplement of the Administrative Instruction No. 06/2010 for the way and procedures of selling of

forests trunks and woods assortments from public forests dated on 28.06.2010” dated 10.08.2011 ▪ Law No. 03/L-233 “on Nature Protection” approved by the AoK on 30.09.2010 and promulgated by the Presidential Decree No. DL-054-2010

of 18.10.2010. It repealed the Law No. 02/L-18 “on Nature Conservation” approved by AoK on 23.03.2005 and the regulation No.2006/22; ▪ Law No. 02/L-53 “on Hunting” approved by the AoK on 16.12.2005 and promulgated by the SRSG on 11.08.2006 (UNMIK Regulation No.

2006/41); ▪ Law No. 02/L-95 “on Plant Protection”, approved by the AoK on 31.01.2007; ▪ Law No. 04/L-086 “on National Park "Bjeshkët e Nemuna"” approved by Assembly, date 13.12.2012, and promulgated by Presidential

Decree DL-60-2012 on 26.12.2012; ▪ Law No.04/L-087 “on National Park "Sharri"” approved by Assembly, date 13.12.2012, and promulgated by Presidential Decree No.DL-59-

2012 on 26.12.2012; ▪ AI No. 01/07-MESP “on the form and manner for the determination of Natural Protected Areas” dated 25.01.2007; ▪ AI No. 11/07-MESP “on the Management Plans of Nature Protected Areas”, of 2.11.2007 ▪ AI No. 08/2011-MESP “for the collection of protected wild plants species with the purpose of processing and trading” dated 13.07.2011; ▪ AI No. 12/2011 “for the sort of natural habitat types, natural habitat map, threatened and rare natural habitat types as well as safeguard

measures for conservation of natural habitat types” dated18.08.2011; ▪ AI No. 01/2012 “for the keeping conditions, the manner of marking and evidencing of the protected animals in captivity” dated 28.02.2012; ▪ AI No. 07/2012 “on content and manner of keeping nature protected values register”, dated 18.06.2012; ▪ AI No. 16/2012 “on wildlife crossings”, dated 01.08.2012; ▪ AI No. 18/2012 “for the proclamation of wild species protected and strictly protected”, dated 01.08.2012; ▪ AI No. 24/2012 “on the content, form and manner of issuing of identification card and appearance of uniform for the supervisors and nature

ranger”, dated 05.12.2012; ▪ AI No. 26/2012 “on cross-border movement and trade in wild protected species”, dated 10.12.2012; ▪ AI No. 27/2012 “for the form and manner of providing the official card and sign for nature protection inspector” 20.12.2012; ▪ AI No. 06/2013 “on type, appearance, procedure and manner of award of gratitude’s and rewards for achievements in the field of nature

protection”, dated 20.05.2013; ▪ AI No. 07/2013 – MESP “on the sign of nature protection”, dated 20.05.2013; ▪ AI No. 14/2013 – MESP “on the manner of development and implementation of risk assessment study for the introduction, re-introduction

and cultivation of the wild species”, dated 01.07.2013; ▪ AI No. 18/2013 – GoRK “on proclamation of Ecological Network” dated 10.12.2013; ▪ AI No. 19/2013 “on assessment of acceptability of plan, programme or intervention of ecological network” dated 06.11.2013; ▪ AI No. 23/2013 “on the manner and conditions of performing the ranger tasks for nature protection”, dated 12.11. 2013 ▪ AI No. 15/2014 “for prevention and compensation of damages caused by wild species of animals strict protection”, dated 02.06.2014; ▪ Reg. No. 23/2014 “on internal order for the nature monument of particular importance “shpella e gadimes” dated 08.12.2014 ▪ AI No. 24/2014 “for classification of nature conservation values by importance”, dated 27.11.2014 ▪ AI No. 3/2016 – MESP “on determination of tariffs for issuance of consents, permits, licenses, certificates and verifications

prescribed by legislation on nature protection” dated 29.08.2016 ▪ AI No. 12/2017- MESP “for proclamation of strictly protected species” dated 22.08.2017 ▪ AI No. 05 /2018 MESP “on the content and way of providing professional exam for protected areas supervisory” dated 01.10.018

▪ Council Regulation No. (EEC) 3254/91 of 04.11.1991 “prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards”;

▪ Council Directive No. 92/43/EEC of 21.05.1992 “on the conservation of natural habitats and of wild fauna and flora” as amended by Directive 97/62/EC, 2006/105/EC and Regulation EC/1882/2003;

▪ Council Regulation No. EC/338/97 of 09.12.1996 “on the protection of species of wild fauna and flora by regulating trade therein” as amended by Regulations EC/938/97, 2307/97, 2214/98, 1476/99, 2724/2000, 1579/2001, 2476/2001, 1497/2003, 1882/2003, 834/2004, 252/2005, 1332/2005, 318/2008, 398/2009 and 407/2009;

▪ Council Directive No. 1999/22/EC of 29.03.1999 “relating to the keeping of wild animals in zoos”;

▪ Commission Regulation No. EC/865/2006 “laying down detailed rules concerning the implementation of Council Regulation EC/338/97”;

▪ Directive No. 2009/147/EC of the European Parliament and of the Council of 30.11.2009 “on the conservation of wild birds” (codified version of Directive 79/406/EEC and its amendments)

Tab.2.2.2: Relevant Nature Protection primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated

Assessment Report


14


Status


Water Laws

Law on Water

▪ Law No. 04/L-147 “on Waters of Kosovo” adopted by the AoK on 19.03.2013. Promulgated by Presidential Decree No. DL-011-2013, of 05.04.2013 repealing the Law No. 2004/24 “on Water”;

▪ Law No. 2018/06-L35 “on hydro-meteorological activities” adopted by the AoK on 15.10.2018 and promulgated by Presidential Decree No.DL-046-2018, dated 05.11.2018

▪ Law No. 05/L-042 “on regulation of water services” adopted by the AoK on 14.12.2015. Promulgated by Presidential Decree No. DL-001-2016, dated 05.01.2016. Repeals the UNMIK Regulation 2004/49 and the Law No. 03/L-086

▪ AI No. 08/26 “on Limit Values of Effluents Discharged in Water Bodies and in Public Sewage Network” approved by the Government of Kosovo (GoK) on 09.07.2008;

▪ AI No. 16/2012 “on the quality of water intended for human consumption”, dated 24.12.2012 repeals the AI No. 2/99 “on Testing and Enforcing Minimum Standards of DW Quality”;.

▪ AI No. 12/2013 “Water Information System”, dated 17.06.2013; ▪ AI No. 26/2013 “for determining the way of verifying and legitimating the water inspectorate” dated

24.12.2013 and repealing the AI No. 62/2005 ▪ Regulation GRK - No. 11/2014 “on the inter-ministerial council task on waters” dated 19.09.2014 ▪ AI No. 28/2014 “on the Sanitary Protected Zones” dated 23.12.2014, repealing AI No. 13/07-MESP ▪ AI No. 27/2014 “on sludge management by treatment of polluted waters”; ▪ AI No. 30/2014 “on the manners, conditions, parameters and Limit Values for Wastewater discharge

into the Public Sewerage Network and in the Water bodies” dated 30.12.2014, repealing AI No. 13/2008 “on limit values of effluents discharged in water bodies and sewage network”

▪ AI No. 12/2015 “for determining criteria on Protected Areas for Strategic Purposes” dated 20.11.2015; ▪ AI No. 19/2015 “on Protection from Harmful effect of Water” dated 31.12.2015; ▪ AI No. 20/2015 “on the criteria of the Washing Areas” dated 17.12.2015; ▪ AI No. 02/2016 “on the Water Payment Structure” dated 18.02.2016; ▪ Regulation No. 02/2016 “on manner of determining the minimum acceptable ecological flow” dated

11.08.2016 ▪ AI No. 04/2016 “on Criteria and Procedures to protect Waters and accumulations”, dated 07.09.2016 ▪ AI No. 05/2016 “on the Regulation of the status of water assets” dated 29.09.2016 ▪ AI No.09/2016 “on the Organizational Structure and Additional Tasks of the River Basin Authority ▪ AI No. 11/2016 “on the Determination of Measures and Actions for Protection from Erosion”, dated

23.12.2016 ▪ AI No 09/2017 – MESP “on instruction for design, construction and use of dams” dated 14.07.2017 ▪ AI No. 15/2017 – MESP “on criteria for determining sanitary protection zones” dated 29.12.2017 ▪ AI No. 16/2017 “on the Classification of Surface Water Bodies” 29.12.2017; ▪ AI No. 17/2017 “on the Classification of Groundwater bodies” 29.12.2017 ▪ AI No. 03/2018-MESP “on procedures for water permit”, dated 07.09.2018

▪ Council Directive No. 80/68/EEC of 17.12.1979 “on the protection of groundwater against pollution caused by certain dangerous substances” as amended by Directive No. 91/692/EEC (repealed by Directive 2000/60/EC as of 22.12.2013);

▪ Council Directive No. 82/176/EEC of 22.03.1982 “on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry”, as amended by Directives No. 91/692/EEC and 2008/105/EC (repealed by 2008/105/EC as of 22.12.2012);

▪ Council Directive No. 83/513/EEC of 26.09.1983 “on limit values and quality objectives for cadmium discharges”, as amended by Directives No. 91/692/EEC and 2008/105/EC (repealed by 2008/105/EC as of 22.12.2012);

▪ Council Directive No. 91/271/EEC of 21.05.1991 concerning “urban waste-water treatment” as amended by Directive No. 98/15/EC and Regulation EC/1882/2003 and Regulation EC/1137/2008;

▪ Council Directive No. 91/676/EEC of 12.12.1991 “concerning the protection of waters against pollution caused by nitrates from agricultural sources”, as amended by Regulations No. EC/1882/2003 and EC/1137/2008;

▪ Commission Decision No. 93/481/EEC “concerning formats for the presentation of national programmes” as foreseen by Article 17 of Directive No. 91/271/EEC (UWWT Directive);

▪ Commission Decision No. 95/337/EC “concerning questionnaires relating to directives in the water sector”;

▪ Council Directive No. 98/83/EC of 03.11.1998 “on the quality of water intended for human consumption”, as amended by Regulations No. EC/1882/2003 and EC/596/2009

▪ Directive No. 2000/60/EC of the European Parliament and of the Council of 23.10.2000 “establishing a framework for Community action in the field of water policy”, as amended by Decision No. 2455/2001/EC and Directives No. 2008/32/EC, 2008/105/EC and 2009/31/EC;

▪ Directive No. 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council “on technical specifications for chemical analysis and monitoring of water status” (text with EEA relevance);

▪ Directive No. 2006/7/EC of the European Parliament and of the Council of 15.02.2006 “concerning the management of bathing water quality” and repealing Directive No. 76/160/EEC, as amended by Regulation No. EC/596/2009;

▪ Directive No. 2006/118/EC of the European Parliament and of the Council of 12.12.2006 “on the protection of groundwater against pollution and deterioration”;

▪ Directive No. 2006/11/EC of the European Parliament and of the Council of 15.02.2006 “on pollution caused by certain dangerous substances discharged into the aquatic environment” of the Community (repealing 76/464/EEC) (codified version) (to be repealed as of 22.12.2013 by Directive 2000/60/EC);

▪ Directive No. 2007/60/EC of 23 October 2007 “on the assessment and management of flood risks”; ▪ Directive No. 2008/105/EC of the European Parliament and of the Council of 16.12.2008 “on

environmental quality standards in the field of water policy”, amending and subsequently repealing Council Directives No. 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive No. 2000/60/EC of the European Parliament and of the Council.

Law on Fisheries and Aquaculture

Law No. 02/L-85 “on Fisheries and Aquaculture” approved by the AoK on 10.10.2006 and promulgated by the SRSG UNMIK/REG/2006/58 20.12.2006

▪ Directive No. 2006/44/EC of the European Parliament and of the Council of 06.09.2006 “on the quality of fresh waters needing protection or improvement in order to support fish life” (repealing Directive 78/659/EEC) (codified version) (to be repealed as of 22.12.2013 by Directive No. 2000/60/EC) as amended by Regulation EC/1137/2008

Tab.2.2.3: Relevant Water Quality primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated

Assessment Report


15


Status


Air Protection Laws

Law on Air Protection

▪ Law No. 2010/03-L-160 “on air protection from pollution” approved by the AoK on 25.02.2010 and promulgated by the Presidential Decree No. DL-012-2010 of 12.03.2010.

▪ AI No. 06/07-MESP “on the rules and standards for air emissions from stationery sources of pollution” dated 04.06.2007

▪ AI 04/2009 – GRK “on control of volatile organic compounds emissions during the storage, filling, discharging, packaging and transfer of fuels” dated 03.04.2009

▪ AI No.15/2010 “on criteria for defining of air quality monitoring points, number and frequency of measurements, classification of pollutants, which are monitored, the methodology of work, form and timing of data reporting” dated 16.08.2010

▪ AI No.02/2011-MESP “on air quality assessment” dated 01.08.2011; ▪ AI No. 16/2013 - GRK “for substances that deplete the ozone layer and

fluorinated greenhouse gases” dated 11.11.2013 ▪ AI No. 17/2013 “on the cadastre of environmental pollutant discharge” dated

06.08.2013; ▪ AI No. 19/2013 GRK – “for access to the information for economic consumption

of fuel and co2 emission of new personal vehicles” dated 10.12.2013 ▪ AI No. 20/2013 – GRK “for application of clean development flexible

mechanisms” dated 10.12.2013 ▪ AI No. 21/2013 – GRK “for arsenic, cadmium, mercury, nickel and polycyclic

aromatic hydrocarbons in air” dated 09.10.2014 ▪ AI No. 01/2016 – GRK “On mechanism for monitoring greenhouse gas

emissions” dated 09.02.2016 ▪ AI No. 8/2016 – GRK “for the allowed norm of discharges in air from mobile

sources” dated 13.05.2016 ▪ AI No. 01/2017 “on quality of petroleum derived liquid fuels” dated

10.02.2017, it repeals the AI No. 07/2012 ▪ AI - No. 14/2018 - GRK “for capture and storage of carbon dioxide in suitable

geological formations” dated 19.12.2018 ▪ Draft AI “on limited values – norms of air quality”; ▪ Draft AI “for substances that harm the ozone layer”; ▪ Draft AI “on the control of volatile organic compound (VOC) emissions resulting

from storage, loading or unloading and transport of petrol”; ▪ Draft Law No. XX/2016 “for air protection from pollution”. It will repeal the

Law No. 03/L-160 (above)

▪ European Parliament and Council Directive No. 94/63/EC of 20.12.1994 “on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations”, as amended by Regulations No. EC/1882/2003 and EC/1137/2008;

▪ Council Directive No. 96/62/EC of 27.09.1996 “on ambient air quality assessment and management”, as amended by Regulation No. EC/1882/2003 and repealed by Directive No. 2008/50/EC as of 11.06.2010, with certain exceptions regarding Art. 5 and 11.1 of Directive No. 96/62/EC;

▪ Directive No. 97/68/EC of the European Parliament and of the Council of 16.12.1997 “on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery”, as amended by Directives No. 2001/63/EC, 2002/88/EC, 2004/26/EC, and 2006/105/EC and Regulation EC/596/2009;

▪ Council Directive No. 1999/13/EC “on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations”;

▪ Council Directive No. 1999/32/EC of 26.04.1999 “on the reduction in the sulphur content of certain liquid fuels”, amending Directive No. 93/12/EEC, as amended by Regulations EC/1882/2003 and EC/219/2009, and Directives 2005/33/EC and 2009/30/EC;

▪ Directive No. 2001/77/EC of the European Parliament and of the Council of 27.09.2001 “on the promotion of electricity produced from renewable energy sources in the internal electricity market”;

▪ Directive No. 2001/80/EC “on the limitation of emissions of certain pollutants into the air from large combustion plants” and its corrigendum;

▪ Directive No. 2001/81/EC of the European Parliament and of the Council of 23.10.2001 “on national emission ceilings for certain atmospheric pollutants” as amended by Directive No. 2006/105/EC and Regulation No. EC/219/2009;

▪ Directive No. 2003/87/EC “on exchange of emission quota between the Community countries”; ▪ Directive No. 2004/42/CE of the European Parliament and of the Council of 21.04.2004 “on the limitation of emissions of volatile

organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products” and amending Directives No. 1999/13/EC and 2009/112/EC and Regulation No. EC/1137/2008;

▪ Directive No. 2004/107/EC of the European Parliament and of the Council of 15.12.2004 “relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air”, as amended by Directive No. EC/219/2009;

▪ Regulation No. EC/850/2004 of the European Parliament and of the Council of 29.04.2004 “on persistent organic pollutants”, amending Directive No. 79/117/EEC and Regulations No. EC/1195/2006, EC/172/2007, EC/323/2007, EC/219/2009, EC/304/2009;

▪ Council Directive No. 2008/1/EC of 15.01.2008 “concerning integrated pollution prevention and control” (codified version), as amended by Directive 2009/31/EC;

▪ Directive No. 2008/50/EC of the European Parliament and of the Council of 21.05.2008 “on ambient air quality and cleaner air for Europe” (Compliance deadline: 11 June 2010);

▪ Directive No. 2009/126/EC of the European Parliament and of the Council of 21.10.2009 “on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations”

▪ Directive No.2010/75/EU of the European Parliament and the Council of 06.01.2011 “on Industrial Emission (Integrated Pollution Prevention and Control” (the so called “IED” or “IE” Directive)

Law on Protection from Non-Ionised, Ionised Radiation and Nuclear Security

▪ Law No. 2018/06-L-29 “on radiation protection and nuclear security” approved by AoK on 30.03.2018 and promulgated by a Presidential Decree No. DL-015-2018 on 20.04.2018

▪ Regulation No.18/2018 - GRK “on radiation sources and practices” dated 23.10.2018

▪ Reg. No. 15/2016 “on organisation of radiological, chemical and biological protection as well as means of protection measures”;

▪ Directive No. 96/29/Euratom of 13.05.1996 “laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation”;

▪ Directive No. 2004/108/EC of the European Parliament and of the Council of 15.12.2004 “on the approximation of the laws of the Member States relating to electromagnetic compatibility” and repealing Directive No.89/336/EEC

Tab.2.2.4: Relevant Air Quality and Radiation Protection primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated

Assessment Report


16


Status


Waste Laws

Law on Waste Management and Disposal

▪ Law No.04/L-060 “on Waste” (approved by the AoK on 24.05.2012 and promulgated by the Decree of the President of Kosovo No.DL-027-2012, dated 08.06.2012 (repealed Law No. 02/L-030) excluding the Annex 01 of the Law on Waste No.02/-30, until the issuance of additional acts from Article 7 paragraph 6. of this Law;

▪ AI No 10/2011-MESP “for preventing quantity accidents involving hazardous substances” dated 13.07.2011 ▪ AI No. 19/2012 “on management of end-of-life vehicles and their components” dated 31.12.2012 repealing

AI No. 02/2009; ▪ AI No. 20/2012 “for export, import and transit of waste” dated 12.12.2012. It replaced AI No. 01/2009; ▪ AI No. 23/2012 “for waste tires administration” dated 12.12.2013 It replaced AI No. 06/2009; ▪ AI No. 05/2013 “on management of used oils and waste oils” dated 24.06.2013. It replaced AI No. 81/07. ▪ AI No. 11/2013 “on specifications of technical requirements and other applications of plastic bags”; ▪ AI No. 13/2013 “on state of waste catalogue” dated 05.06.2013; ▪ AI No. 16/2013 “on the limit values for concentrations of hazardous components in waste” dated

12.07.2013; ▪ AI No. 22/2013 “on the management of medical, human and veterinary waste” dated 07.11.2012 It

replaced AI No. 05/2008; ▪ AI No. 07/2014 “for powers of waste holder, manufacturers and product importers”, repealing AI No.35/07; ▪ AI No. 09/2014 “of waste management license” dated 16.04.2014. It replaced AI No. 09/2009; ▪ AI No. 20/2014 “biodegradable waste management” dated 29.07.2014. It replaced AI No. 16/2010; ▪ AI no. 21/2014 “for waste management from the extractive industry and mining” dated 04.11.2014 ; ▪ AI no. 25/2014 “on waste management of electrical and electronic equipment and restrictions on use of

hazardous substances in electrical and electronic equipment” dated 27.11.2014. It replaced AI No. 39/07; ▪ AI No. 26/2014 “on waste management from batteries and accumulator” dated 27.11.2014; ▪ AI No. 27/2014 “for waste management by packaging and imballages” It superseded any other provisions

regulating this area dated 03.12.2014; ▪ AI No. 29/2014 “on sludge management by treatment of polluted waters” dated 30.12.2014; ▪ AI No. 01/2015 “of the OECD list of waste” dated 15.01.2015; ▪ Ai No. 02/2015 “for permission of scientific research in nature” dated 03.03.2015; ▪ AI no. 05/2015 “for management of biphenyls and triphenyl polychlorinated and wastes from PCB and PCT”

dated 26.05.2015; ▪ AI No. 07/2015 “on management of wastes from construction and from demolition of the building objects”

dated 23.07.2015 It repeals the AI No. 05/07; ▪ AI no. 10/2015 “for waste treatment of medical products” dated 10.08.2015 It replaced AI No 12/2008; ▪ AI no. 15/2015 “on waste management of fluorescent tubes containing mercury” repealing AI No.02/2011; ▪ AI No. 21/2015 “on form and contents for record for supervision of inspection”; ▪ AI No. 22/2015 “for management of wastes containing asbestos” It replaced AI No. 07/2009; ▪ AI No. 06/2016 “on the conditions for selecting the location of the waste storage construction” dated

repealing AI No.01/2009; ▪ AI No. 07/2016 “for environmental information system” dated 12.04.2016; ▪ AI No. 02/2017 in “allowing norms of hazardous substances and harmful presence in soil” dated

02.05.2017; ▪ AI No.08/2017 “on landfill management” dated 29.08.2017; ▪ AI No. 14/2017-MESP “on wastes containing persistent organic pollutants (POPs)” dated 06.09.2017 ▪ AI No. 06/2018 “for penalty with mandatory fines” dated 30.10.2018. It replaced AI No 14/2015;

▪ Council Directive No. 75/439/EEC of 16 June 1975 “on the disposal of waste oils” as amended by Directives No. 87/101/EEC, 91/692/EEC, 2000/76/EC and 2008/98/EC (repealed by Directive No. 2008/98/EC as of 12.12.2010);

▪ Council Directive No. 86/278/EEC of 12.06.1986 “on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture” as amended by Directive No. 91/692/EEC, Regulation No. EC/807/2003 and No. EC/219/2009, to be reviewed starting 2010;

▪ Council Directive No. 91/689/EEC of 12.12.1991 “on hazardous waste” as amended by Directives No. 94/31/EC and 2008/98/EC and Regulation No. EC/166/2006 (repealed by 2008/98/EC as of 12.12.2010);

▪ European Parliament and Council Directive No. 94/62/EC of 20.12.1994 “on packaging and packaging waste”, as amended by Regulations No. EC/1882/2003 and EC/219/2009, and Directives No. 2004/12/EC and 2005/20/EC;

▪ Council Directive No. 96/59/EC of 16.09.1996 “on the disposal of polychlorinated biphenyls and polychlorinated trephenyls (PCB/PCT)” as amended by Regulation No. EC/596/2009;

▪ Council Directive No. 96/82/EC of 9.12.1996 “on the control of major-accident hazards involving dangerous substances”, as amended by Directive No. 2003/105/EC and Regulations No. EC/1882/2003 and EC/1137/2008; Council Directive No. 1999/31/EC of 26.04.1999 “on the landfill of waste”, as amended by Regulations No. EC/1882/2003 and EC/1137/2008;

▪ Directive No. 2000/53/EC of the European Parliament and of the Council of 18.09.2000 “on end-of life vehicles”, as amended by Decisions No. 2002/525/EC, 2005/63/EC, 2005/437/EC, 2005/438/EC, 2005/673/EC, 2008/689/EC, 2010/115/EC and Directives No. 2008/33/EC and 2008/112/EC;

▪ Council Decision of 19.12.2002 establishing “criteria and procedures for the acceptance of waste at landfills” pursuant to Article 16 and Annex II to the Directive 1999/31/EC;

▪ Directive No. 2002/95/EC of the European Parliament and of the Council of 27.01.2003 “on the restriction of the use of certain hazardous substances in electrical and electronic equipment”, as amended by Decisions No. 2005/618/EC, 2005/717/EC, 2005/747/EC, 2006/310/EC, 2006/690/EC, 2006/691/EC, 2006/692/EC, 2008/385/EC, 2009/428/EC, 2009/443/EC, 2010/122/EU, and Directive No. 2008/35/EC;

▪ Directive No. 2002/96/EC of the European Parliament and of the Council of 27.01.2003 “on waste electrical and electronic equipment (WEEE)”, as amended by Directive No. 2003/108/EC, 2008/34/EC and 2008/112/EC;

▪ European Standard EN 50419 “on marking of electrical and electronic equipment” in accordance with Article 11(2) of the WEEE Directive;

▪ Council Decision 2003/33/EC of 19 December 2002 “establishing criteria and procedures for the acceptance of waste at landfills” pursuant to Article 16 and Annex II to the Directive 1999/31/EC;

▪ Directive No. 2006/66/EC of the European Parliament and of the Council of 06.09.2006 “on batteries and accumulators and waste batteries and accumulators” and repealing Directive No. 91/157/EEC, as amended by Directive No. 2008/12/EC and Directive No. 2008/103/EC; Commission Decisions 2008/763/EC, 2009/603/EC, 2009/851/EC;

▪ Directive No. 2006/12/EC of the European Parliament and of the Council of 5.04.2006 “on waste” (codified version also called “Waste Framework Directive”) (repealed by Directive No. 2008/98/EC as of 12.12.2010) and amended by Directive No. 2008/98/EC and Directive No. 2009/31/EC;

▪ Directive 2006/21/EC of the European Parliament and of the Council of 15.03.2006 “on the management of waste from extractive industries” and amending Directive No. 2004/35/EC and Regulation EC/596/2009, as amended by Commission Decisions 2009/335/EC, 2009/337/EC, 2009/358/EC, 2009/359/EC, 2009/360/EC;

▪ Directive No. 2008/98/EC of the European Parliament and of the Council of 19.11.2008 “on waste” (in force as of 12.12.2010) (the so called “Waste Framework Directive”).

Tab.2.2.5: Relevant Waste Management primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated

Assessment Report


17


Status


Spatial Planning, Housing and Construction Laws

Law on Spatial Planning

▪ Law No. 03/L-039 “on special protective zones” adopted on 20.02.2008; ▪ Law No. 04/L-174 “on spatial planning”, adopted by AoK on 29.08.2011 and promulgated by Decree No. DL-045-2013, dated 19.08.2013

by the President. It repealed the Law No. 2003/14 and the Law No. 03/L-106.; ▪ Law No. 04/L-066 “on historical centre of Prizren” approved by AoK on 20.04.2012 and promulgated by the Presidential Decree No. DL-

033-2012, dated 09.07.2012; ▪ Law No. 04/L-062 “on the village of Hoçe e madhe/velika hoča” approved by the AoK on 20.04.2012 and promulgated by the

Presidential Decree. DL.034-2012, dated 09.07.2012; ▪ Law No. 04/L-013 “on cadastre” approved by AoK on 29.07.2011 and promulgated by Presidential Decree No. DL-019-2011, dated

12.08.2011. It replaced Law No. 2033/25 and Law No. 02/L-96; ▪ AI No. 05/2005 “on the criteria and procedures on issuing licenses to practice activities in the field of design, construction, as well as

professional supervision and review”; ▪ AI No. 06/2005 “on the professional examination for technician, engineer, engineer of construction, etc.” ▪ AI No.05/2014 – MESP “on the responsibilities of spatial planning authorities as well as principles and procedures for public

participation in spatial planning” dated 17.04.2014. It repeals the AI No. 54/2005 ▪ AI No. 11/2015 - MESP “on sections and basic requirements for design, implementation and monitoring of municipal development plan”

dated 11.11.2015 repeals AI No. 33/2003 and No. 34/2003; ▪ AI No 12/2015 - MESP “for determining the criteria on protected areas for strategic goals” dated 20.11.2015; ▪ AI No 24/2015 MESP “on basic elements and requirements for design, implementation and monitoring of the municipality zoning map”

dated 30.12.2015 ▪ AI No.03/2017 - MESP “on the scope and responsibilities of the institute for spatial planning” dated 12.05.2017 ▪ AI No. 06/2016 - MESP “for parts and basic requirements for the design, implementation and monitoring of the spatial plan of Kosova”

dated 24.11.2016. It repeals the AI No. 29/2003 ▪ AI No. 08/2017 – MESP “on spatial planning technical norms” dated 09.06.2017 ▪ AI No. 01/2018 - MESP “on elements and basic requirements for the design, implementation and monitoring of detailed regulatory

plans” dated 16.02.2018. It repeals the AI No. 41/2005 ▪ Draft law “on the Establishment of a National Spatial Data Infrastructure in the Republic of Kosovo” dated 16.12.2016

▪ Council Directive No. 85/337/EEC “on the assessment of the effects of certain public and private projects on the environment” approved on 27.06.2985 (the so called “EIA Directive”);

▪ Council Directive No. 97/11/EC of 3 March 1997 amending Directive No. 85/337/EEC “on the assessment of the effects of certain public and private projects on the environment”;


▪ Directive No. 2003/35/EC of the European Parliament and of the Council of 26.05.2003 “providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment” and amending with regard to public participation and access to justice Council Directives No. 85/337/EEC and 96/61/EC;

▪ Directive No. 2007/2/EC of the European Parliament and of the Council of 14.03.2007 “establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)”;

▪ Directive No. 2009/31/EC of the EU Parliament and the Council of 23.04.2009 “on the geological storage of carbon dioxide”, amending Council Directive No. 85/337/EEC, EU Parliament/Council Directives No. 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006

Tab.2.2.6: Relevant Spatial Planning and Construction primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated (continue)

Assessment Report


18


Status


Spatial Planning, Housing and Construction Laws

Law on Housing and Construction

▪ Law No. 04-L-110 “on construction” approved by the AoK on 31.05.2010 and promulgated by decree No. DL—3—2012, dated 19.06.2012 by the President;

▪ Law No. 04/L-118 “for treatment of construction without permit” adopted on 26.12.2013 and promulgated by Decree No. DL-002-2014, dated 09.01.2014 by the President;

▪ Law No. 06/L-33 “on construction products”, adopted by the AoK on 07.11.2018 and promulgated with Presidential Decree No. DL-057-2018 on 23.11.2018. It repealed the Law No. 04/L-181 “on construction products and related sub-legal acts;

▪ Law No. 04/L-137 “On the condominium” approved by AoK on 29.07.2013 and promulgated by Presidential Decree. DL-033-2013. It replaced Law No. 03/L-091. Law No. 04/L-061 “on sale of apartment in which there is tenure right” approved by AoK 21.12.2011 and promulgated by the Presidential Decree No. DL-053-2011, dated 30.12.2011. This Law replaced all legal provisions, acts and regulations which are inconsistent with this Law;

▪ Law No. 04/L-248 “on amending and supplementing the Law No. 04/L-061” approved by AoK 27.03.2014 and promulgated by Presidential Decree No. DL—15-2014, dated 14.04.2014;

▪ Law No. 04/L-071 “on address system” approved by the AoK 08.12.2011 and promulgated by the Presidential Decree No. DL-052-2011, dated 21.12.2011;

▪ Law No. 2002/5 “on the establishment of the immovable property registry” approved on 20.08.2002;

▪ Law No. 2003/13 “on amendments and additions to Law No. 2002/5” approved on 18.08.2003;

▪ Law No. 04/L-009 “on amending and supplementing the Law No. 2002/5” approved on 21.07.2011 and promulgated by the Presidential Decree No. DL-011-2011, dated 03.08.2011;

▪ Law No. 05/L-101 on energy performance of buildings, approved on 01.12.2016 and promulgated by the Presidential Decree No. DL-044-2016, dated 15.12.2016;

▪ AI No. 25/2005-MESP “on validation of the project”, dated 02.12.2005;

▪ AI No. 26/2005 “on technical inspection of the construction buildings”, dated 23.12.2005;

▪ AI No. 27/2005 “on conditions and measures for giving the authorization for project control”, of 23.12.05;

▪ AI No. 57/2005-MESP “on the eligibility for the construction inspectors of MESP and municipal construction inspectors”;

▪ AI No. 58/2005 “on maintaining records of inspection –registry form, form used during inspection”, of 14.07.05;

▪ AI No. 59/2005-MESP “on the manner of inspection oversight of the construction inspection”, dated 14.07.2005;

▪ AI No. 60/2005 “on the closing of construction site and its siege mode from the construction inspector”, of 14.07.05;

▪ AI No. 01/2006-MESP “on other administrative violations and corresponding fines”, dated 10.02.2006;

▪ AI No. 02/2006-MESP “on project control”, dated 14.02.2006;

▪ AI No. 33/2007 “on the technical conditions for access to buildings for people with disabilities”, of 18.06.2007;

▪ Technical Regulation No. 03/2009 “on technical rules on saving of thermal energy and thermal protection in buildings”, 06.2009;

▪ AI No. 13/2010 “on licensing criteria and procedures to perform the activity in the field of condominium management and maintenance”

▪ AI No. 18/2010 “on the contract’s content for non-profit rental housing”;

▪ AI No. 19/2010 “on housing bonus content”;

▪ AI No. 21/2010-MESP “on the criteria for determining the order of priority to categories of families that could benefit from special housing programmes”, dated 18.11.2010;

▪ AI No. 22/2010 “on procedures for the benefit of special housing programmes”;

▪ AI No. 23/2010-MESP “on procedures for the announcement of special housing programmes”, dated 18.11.2010;

▪ AI No. 24/2010-MESP “on minimum housing standards to special housing programmes”, dated 18.11.2010;

▪ AI No. 04/2011-MESP “on regulation on the manner of payment calculation for technical control of construction buildings” dated 01.04.2011;

▪ Regulation No. 06/2011-MESP “on payment calculation method for technical control of construction facilities”, dated 31.03.2011

▪ AI No.08/2013 – MESP “on construction works for which a construction permit is not required” dated 22.05.2013;

▪ AI No. 15/2013 – MESP “on conditions for maintaining the construction diary and construction book” dated 12.07.2013

▪ AI No. 20/2013 – MESP “on manner, procedure, enforcement and amounts of fines against participants in construction” dated 30.09.2013;

▪ AI No. 10/2014 - MESP “on the content of location plan and planimetry” dated 29.04.2014;

▪ AI No. 16/2014 - MESP “on setting procedures for submission and review of applications for terms of construction and construction permits for category iii projects” dated 01.07.2014;

▪ Regulation No. 03/2016 - MESP “for minimum technical standards for residential buildings in condominium” dated 04.11.2016;

▪ AI No. 01/2016 - MESP “amending administrative instruction no. 06/2011 on professional exam and licensing of architects and engineers in the field of construction” dated 19.01.2016;

▪ AI No 04/2017 - MESP “on the construction categorization” dated 23.05.2017;

▪ AI No 05/2017 – MESP “for inspection supervision and procedures for issuing the occupancy certificate” dated 23.05.2017;

▪ AI No.06/2017 - MESP “on setting procedures for submission and review of applications for constructions, construction and demolition permits for category i and ii of constructions” dated 23.05.2017;

▪ AI No. 02/18 - MESP “on construction permit, demolition permit and administrative fees and infrastructure regulatory charges” dated 29.05.2018;

▪ Regulation No. 01/18 - MESP “for inspection of heating and air-conditioning system” dated 20.02.2018

▪ Regulation No. 02/18 - MESP “on national calculation methodology for integrated energy performance of buildings” dated 11.12.2018

▪ Regulation No. 03/18 - MESP “of the procedures on energy performance certification of building” dated 11.12.2018

▪ Regulation No. 04/18 - MESP “for minimum requirements for the energy performance of buildings” dated 14.12.2018

▪ Council Directive No. 89/106/EEC of 21.12.1988 “on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products”;

▪ Council Directive No. 93/68/EEC of 22.07.1993 amending Directives 87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products), 89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), 89/686/EEC (personal protective equipment), 90/384/EEC (non-automatic weighing instruments), 90/385/EEC (active implantable medicinal devices), 90/396/EEC (appliances burning gaseous fuels), 91/263/EEC (telecommunications terminal equipment), 92/42/EEC (new hot-water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within certain voltage limits);

▪ Proposal for a Regulation of the European Parliament and of the Council “laying down harmonised conditions for the marketing of the construction products” [COM (2008) 311 final] adopted on 9.3.2011.

Tab.2.2.6: Relevant Spatial Planning and Construction primary and secondary Kosovan Environmental and Spatial Planning Legislative Framework and EU Directives and Regulations to be approximated (end)

LEAP Strategy


19

The main environmental Kosovan laws have been grouped in the following main sections referring to the nine sub-chapters of the negotiation chapter 27 of SAA: (1) Horizontal Legislation (Environmental Protection, SEA, EIA, Spatial Planning) (2) Air Quality Legislation (3) Waste Management Legislation (4) Water Protection Legislation (5) Nature Protection Legislation (6) Industrial Pollution Control (IPPC) and Risk Management Legislation (7) Chemicals’ Legislation (8) Noise Legislation (9) Climate Change Legislation All these laws should be taken into consideration in any compliance analysis with the environmental sector affected by the corresponding project/plan. Kosovo Constitution contains explicit environmental provisions: Article 7, §1, stated that the protection of the environment is one of the principles on which is based the Kosovo5, and article 52 enshrined the rights of access to environmental information, Public Participation in Processes of Environmental Decision-Making and access to Justice, these principles are a substantial part of the EU environmental legislation ‘[...]in order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being’6. The Law “on Environmental Protection” No. 03/L-025 represents the pillar of environmental protection, approved by the AoK on 26.02.2009 and promulgated by Presidential Decree on 19.03.2009 repealing the Law on Environmental Protection (Regulation. 2003/9) and the Administrative Instruction No. 2/2004 “for the establishment of Inspectorate of Environmental Protection” also replaced by the Law No. 04/L-175 “on the inspectorate of environment, waters, nature, spatial planning and construction”, approved on 2.10.2013 and promulgated by Presidential Decree No.DL-053-2013, dated 21.10.2013). The Law on Environmental Protection represents an important legal framework that aims to promote healthy environment in Kosovo through gradual introduction of environmental standards affirmed by the European Union and its legislation. To achieve the said objective, the Law has designated a number of legal instruments to ensure duly implementation of the Law and enable effective promotion for a healthy environment in Kosovo. The Environmental Protection Law introduces definitions and fundamental principles for environmental protection identifying roles and responsibilities of competent institutions. It regulates, inter alia, the policy principles of environmental protection, Kosovo’s strategy for protection and sustainable development of the environment, environmental protection programmes, authorisation by the government to establish discharge and emission limit levels, measures for the rehabilitation of the environment, EIA consent, permitting and authorisation, environmental monitoring and information. It also details the role and responsibilities of the KEPA and of the Kosovo State Environmental Inspectorate (KSEI). Process of the harmonization of national laws in the area of the Environment with the relevant EU Directives has been intensified and new laws in the area of horizontal legislation (Environmental Impact Assessment and Strategic Environmental Assessment, reporting), air quality, industrial pollution control were adopted in the past years. Further harmonization in these areas will be realized by amending primary legislation to be aligned to the EU acquis and

5 Article 7, §1: the constitutional order of Kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and

freedoms and the rule of law, non-discrimination, the right to property, the protection of environment, social justice, pluralism, separation of state powers, and a market economy

6 Convention on access to information, public participation in decision-making and access to Justice in environmental matters signed at Aarhus, Denmark, on 25 June 1998, Article 1 – Objective.

LEAP Strategy


20

through the adoption of secondary regulations and particular attention will be dedicated to areas where the harmonization degree is still at low level (e.g.: waste management, water management). The status of implementation of the main environmental Kosovan laws is briefly summarised in the following main sections of this chapter.

2.2.2.1 Horizontal Legislation

The overall, transposition of the EU legislation in horizontal sector is relatively advanced. SEA Directive 2001/42/EC and the Public Participation Directive 2003/35/EC are reported as fully transposed. As regards the environmental impact assessment, full transposition is achieved with regard to provisions of the Directive 2011/92/EU. Nevertheless, this Directive has been recently amended and the latest amendments have not been addressed yet. Current transposition of Environmental Information Directive 2003/4/EC is ensured by provisions of the Law on Environmental Protection and the Law on Access to Public Documents. Adoption of the relevant Governmental Order that will ensure full transposition of this Directive is scheduled for 2017. Full transposition of the Directive on Environmental Liability is also planned for 2017. As regards the INSPIRE Directive 2007/2/EC, drafting of Law on National Spatial Information Infrastructure will provide legal framework for establishing infrastructure for spatial information. Drafting process is at an early stage and the adoption of the new legal framework is planned for 2020. As regards the Environmental Crime Directive 2008/99/EC, provisions related to offences have been partially transposed in the Kosovo Criminal Code Nr.2003/25 –Chapter 24. Full transposition remains scheduled for 2017. Implementation of the horizontal legislation is fairly advanced as well. The EIA Directive 2011/92/EU has been assessed as fully implemented since 31 December 2010. The SEA 2001/42/EC and the Public Participation Directive 2003/35/EC have been reported as fully implemented since 20117. Implementation of the Environmental Liability Directive 2004/35/EC and the Environmental Crime Directive 2008/99/EC is at a very early stage. Measures aimed at ensuring full implementation of those Directives are planned for the period 2017-2020, respectively. As regards the INSPIRE Directive 2007/2/EC implementation has not started yet. Implementation efforts are planned for the period 2016-2020. The short overview given above shows that there is sufficient capacity for transposition of Directives into national legislation, conducting trans boundary consultations and internal consultation among relevant ministries/departments related to EIA and SEA approval processes, ensuring public access to environmental information held by or for central government and public participation in the decision-making procedure. While implementation of Directive on environmental crime will not require additional administrative capacities, implementation of Environmental liability directive and especially INSPIRE Directive will require careful planning of administrative set-up, which will have to address numerous issues such as: (i) establishment of interoperable infrastructure of spatial and environmental data and services related to these

data to be exchanged, shared, accessed and used in accordance with the INSPIRE Directive; (ii) establishment of appropriate and cost-effective procedures for administering the instruments, which includes

procedures for ensuring environmental remediation carried out or at least financed by the industrial polluter;

7 Report on “Monitoring transposition and implementation of the EU environmental and climate acquis” for Kosovo, 2016.

LEAP Strategy


21

(iii) establishment of a competent authority which will require the operator to take the necessary preventive measures or restorative measures, or implementing such measures and recover the costs incurred.

Further, the task of this authority will be to identify the liable operator, determine the significance of the damage and approve the remediation plan. There is also a recognized need to strengthen effective enforcement of environmental legislation at local level.

2.2.2.2 Air Quality Legislation

The majority of the provisions of the Directive on Ambient Air Quality and Cleaner Air for Europe 2008/50/EC have been transposed through the Law on Air Pollution, No. 03 / L-160 and the related secondary legislation in particular the Administrative Instruction on air quality norms No. 02/2011. The adoption of the Administrative Instruction for arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in air No. 21/2013 has ensured almost full transposition of the Directive’s requirements. The Directive (EU) 2015/1480 has not been transposed yet. Transposition of the National Emission Ceilings Directive 2001/81/EC is at an early stage, full transposition is planned by 2019, when the new version of the Directive has to be taken into account. Provisions of the Administrative Instruction No. 07/2012 on quality of petroleum derived liquid fuels and the Law No. 03/L-138 on amendment and supplementing Law 2004/05 on Trade with oil and oil products have ensured almost full transposition Sulphur Content in Liquid Fuels Directive (1999/32/EC). The main transposition instrument for VOCs Petrol Station Directive 94/63/EC is the Administrative Instruction No.4/2009 on the control of volatile organic compounds emissions during the storage, filling, discharging, packaging and transfer of fuels. The transposition of VOC Petrol Stations Stage II Directives 2009/126/EC is rather in a low stage and planned by 2018, when provisions of the latest Directive (2014/99/EU) shall be taken into account. According to the Report on monitoring transposition and implementation of the EU environmental and climate acquis for the period April 2015 - April 2016, implementation of the air quality legislation in Kosovo is at an early stage. Recently a draft Law on air protection and quality was drafted with the purpose to ensure full transposition and harmonisation of the EU air quality legal framework into the national legislation. With the entry into force of this Law, the Law on Air Pollution, No. 03 / L-160 will be reapealed. Kosovo Hydro-meteorological Institute monitor weather, collect data on meteorological conditions and air quality. The Kosovo Environmental Protection Agency (KEPA) is responsible for industrial pollution control, compiles data inventories and collects air quality and pollution statistics, data on measurement and accreditation services, performs supervision of compliance with air quality standards. Agglomerations and zones have been identified and they include agglomeration in Pristina and other parts of Kosovo as a zone, but the Government of Kosovo has not approved these zones. Directive on Sulphur Content in Liquid Fuels (1999/32/EC) have been fully implemented as of December 2015. Kosovo has no refineries and consequently no domestic production of heavy fuel oil and gas oil. Currently there are 14 licensed importers of heavy fuel oil and no licensed importers of gas oil as a final product. Four licensed importers produce heavy fuel oil for final consumption under the supervision of the customs authority. In 2015, domestic producers covered 17% of total consumption in Kosovo, while the rest of the products used in the country were imported. The implementation of the VOCs Petrol Stations Directive 94/63/EC is well advanced. Eight (8) terminals for storage and loading of petrol have been identified, but their annual throughput has not been measured yet. Further

LEAP Strategy


22

implementation efforts are required in order to establish technical measures to reduce loss of petrol from storage installations at service stations. It is noteworthy that the target reference value does not apply throughout the territory. The Emergency Unit of the Ministry of Internal Affairs has set the technical measures for the reduction of losses of petrol from mobile containers during transport of petrol. Full implementation of this Directive has been scheduled for 2018.The implementation of the VOC Stage II Directive 2009/126/EC has not started yet. Full implementation remains scheduled for 2019. In general, lots of efforts are still needed in this area. The most important administrative requirements are related to ensuring accurate information on air quality, which is a prerequisite for effective management and for planning air quality improvements, and for maintaining air quality where it is already satisfactory. Monitoring can be undertaken by government laboratories, private consultants, local authorities or meteorological institutes. It is common that funding for monitoring and quality control is provided from the central government. Central government has a key role in defining and approving the monitoring strategy, in particular the location of monitoring stations and the monitoring procedures to be used, and in ensuring quality control/assurance. Modelling techniques may also be used (although they are not mandatory) to assess air quality. Models have the advantage of being able to calculate the concentration of pollutants from a source of known characteristics at hundreds of locations for the same cost as a single set of measurements. It is required that institutions operating networks and individual stations have an established quality assurance and quality control system which provides for regular maintenance to assure the continued accuracy of measuring devices. The quality system shall be reviewed as necessary and at least every five years by the relevant National Reference Laboratory. The other important task is related to regular maintenance of annual emission inventories and projections in accordance with NEC Directive which requires specialized expertise. In order to develop effective air quality policy, the main central institution (Ministry) have to insure coordination with numerous other relevant actors, and integrate goals of air protection in policies in industry, energy, transport, agriculture, health, forestry, climate and other policies. Implementation of the key obligations is still at an early stage and significant efforts to ensure the full implementation of the EU air quality legislation are still required, i.e: to establish the system for the preparation and implementation of measures to attain the national PM2.5 exposure reduction target, as well as the target and limit values for PM2.5. to establish the system for preparing and implementing measures when ozone concentrations exceed the target values and long-term objectives, as well as for developing and implementing air quality plans when the target values are exceeded. The date estimated for achieving full implementation of the abovementioned Directives remains to be set for 2022 and 2018 respectively.

2.2.2.3 Waste Management Legislation

The main transposing instrument of the EU waste legislation is the Law “on Waste” No. 04/060. This Law repealed the Law on Waste No. 02/-30 except its Annex 1, which was temporarly kept into force until the adoption of the by-laws identified in Article 7 paragraph 6. Currently about 30 administrative instructions are issued, including, the Administrative Instruction for export, import and transit of the Waste (AI No. 20/2012) and the Administrative Instruction for administration of oil waste (AI No. 05/2013). Permit related provisions have been transposed through the Administrative Instruction on Waste Management License (AI No. 09/2014). Permit related provisions have been transposed through the Administrative Instruction on License for Administration of Waste. Transposition of WFD is planned to be completed in the period 2017-2018 with the adoption of the Administrative Instruction on packaging waste planned for 2017 while provisions on waste prevention programmes are planned to be transposed in 2018 through the adoption of the relevant Ministerial Order.

LEAP Strategy


23

The transposition of the Sewage Sludge Directive has been completed through Administrative Instruction, No. 29/2014 on the management of sludge from wastewater treatment. Adoption of the Administrative Instruction No. 26/2014 on waste batteries and accumulators has ensured current partial alignment with the provisions of the Batteries Directive. Adoption of the Administrative Instruction on waste management by packaging and wrappings, No. 27/2014 has ensured almost full transposition of the Packaging Waste Directive, likewise, adoption of the Administrative Instruction for PCB and PCT, no 05/2015 has ensured almost full transposition of this Directive. Moreover, adoption of the Administration Instruction on end-of-life vehicles No 19/2012 resulted in full transposition of the End-of-Life Vehicles Directive. Adoption of the Administrative Instruction No. 25/2014 on waste management of electrical and electronic equipment and restrictions on use of hazardous substances in electrical and electronic equipment has advanced transposition of WEE and ROHs Directives. However, estimated date for achieving full transposition has not been decided yet. The Landfill Directive is fully transposed. Full transposition of this Directive has been ensured by the following primary and secondary legislation: Law on Waste [Law no. 04/L-060], Administrative Instruction, No 15/2012 on Waste Landfill Management, Administrative Instruction on Management of Biodegrading Wastes, No 20/2014, Administrative Instruction on Conditions for Designation of Location and Construction of landfills No 01/2009 and Administrative Instruction No 09/2014 on License of Waste Management. The Administrative Instruction on the management of hazardous waste (06/2008) regulates the shipment of waste reference to the conditions laid down by the Basel Convention and the conditions determined by the Law on the Transportation of hazardous goods (Regulation No. 2004/17). Overall, the transposition of the EU waste legislation in Kosovo is well advanced, which confirms sufficient administrative capacity of MESP for legislative tasks. However, a national assessment of waste management done by EU in 2016 pin points some key issues. For instance, whilst the waste law sets out the principles of the waste hierarchy and producer responsibility, the hierarchy is not accurately transposed, and producer responsibility mechanisms are absent. Also there is no meaningful waste prevention plan and recycling rates remain at a low level (and some key targets remain to be established), with much of the activity accounted for by the informal sector. Another key issue identified is the weak administrative capacity at the state and local level, with capacity gaps in terms of both resourcing and skills being evident. Very few municipalities have dedicated waste management staff.8 The MESP is also responsible for drawing up a national waste management plan, national prevention programmes, evaluating and reviewing plans and programmes including issuing permits for any establishment or undertaking intending to carry out waste treatment. The process of licensing operators has been initiated. It is reported that there have been 60 waste management operators licensed for the municipal waste collection, collection of paper, plastic and metal and management of sanitary landfills for municipal waste. There are 7 licensed public companies and 53 licensed private companies. Waste management activities are prohibited in the absence of the environmental license for the treatment facilities and the license for the operators. Moreover, regular and ad hoc inspections are carried out. Measures for the closure and remediation of the illegal and old landfills have been undertaken. Measures have also been taken to ensure continuous inspection of the functioning landfills regarding municipal waste. It is reported that seven facilities have been built for the treatment of the hospital waste, whereby the hospital waste in the large clinical centers are treated through sterilization. However, problem of illegal dumping persists, which challenge the work of the central and the municipal inspection. Concerning hazardous waste, no hazardous waste treatment operators have been identified yet. However, the procedures to identify operator for the management of hazardous waste have been launched in August 2016. The construction of the EU funded hazardous waste storage should include a cluster for temporary storage of radioactive waste while efforts to find a permanent site need to stepped-up.9 Approximate 15 % of the waste is recycled, incinerated and treated for energy, whereas 85% is disposed at landfill. It is also estimated that 15-20 % of the overall municipal waste are dumped at illegal landfills.

8 Eunomia (2016) a comprehensive assessment of the current waste management situation in south east europe and future perspectives for the

sector including options for regional co-operation recycling of electric and electronic waste 9 Commission staff working document Kosovo* (2016)

LEAP Strategy


24

Currently, lack of financial capacities hampers the implementation of Sewage sludge Directive, in particular those related to the treatment of the sludge waste and monitoring of soil. System for labeling batteries and accumulators has been established. Further efforts remain to be undertaken regarding the collection scheme of waste portable batteries and accumulators and regarding the arrangements concerning implementation of this directive by manufacturers, producers and distributors. Packaging Waste Directive has not been implemented yet, while implementation of the PCB/PCT Directive remains at an early stage, as well as Directive on end-of-life vehicles, mining waste, WEE and ROHs directives. Implementation of the Landfill Directive is well advanced. Thus, majority of implementing obligations have been complied with in 2012. There are 17 landfills from which 8 are non-hazardous waste-municipal waste, 9 landfill sites-industrial waste and there are no inert waste. It should be noted that 8 non-hazardous waste-municipal landfill sites comply with the requirements of Annex I. However, 14 landfill sites that did not meet the requirements of the Directive have been closed in accordance with the Directive. The high number of illegal landfills needs to be addressed urgently. Most existing landfills are at the end of their storage capacity and faced by considerable long-term environmental risk, especially groundwater contamination.10 Target year for achieving reduction of 35% of biodegradable municipal waste going to landfill is 2025, whereas full implementation of the Landfill Directive is expected in 2028.

2.2.2.4 Water Protection Legislation

The main transposition instrument of EU water legislation in Kosovo is Water Law 04/L-147 adopted in 2013, Administrative Instruction, No.30/2014, on manners, parameters and limit values of wastewater discharge into public sewage network and in the water body and Administrative Instruction No.19/2015 on protection from harmful water action, which fully transposed the Floods Directive. Administrative Instruction No. 16/2012 on the quality of water for human consumption has ensured full transposition of the Drinking water directive’s provisions, while alignment of the national legislation with the Nitrates Directive is at an early stage, as well as transposition of the Water Quality Standards Directive. Draft Administrative Instructions on classification of surface and groundwater bodies have been prepared and are currently under consultation process. The transposition of the Urban Waste Water Treatment Directive 91/271/EEC is relatively advanced as a result of the adoption of the Administrative Instruction No. 30/2014 on requiremens, methods, parameters and limit values for discharge of wastewater into public sewage system and water bodies. Additional transposition efforts are needed regarding full transposition of WFD, Nitrates directive and Directive 2008/105/EC on environmental quality standards. River Basin Districts (RBD) have already been identified and River Basin units have been developed (2 units per basin) that collect information and keep records. The responsibilities and structure was defined with the Administrative Instruction 09/2016 on the Organizational Structure and Additional Tasks of the River Basin Regional Authority dated 23.12.2016. No mechanism has been developed yet for international river basins. As regards the institutional arrangements at national, regional and local levels for carrying out the collection and treatment of UWW, and for planning, financing, and monitoring the construction of additional UWWT infrastructure needed for compliance, municipalities with MESP, in collaboration with local water companies are identified as the competent authorities. Kosovo has ensured almost full implementation of Drinking Water Directive 98/83/EC throught the adoption of the Administrative Instruction No. 16/2012 on the quality of water for human consumption. Implementation of Nitrates Directive has not started yet, as well as implementation of Groundwater directive. The implementation of Water Quality Standards Directive is still in its initial phase.

10 IBID

LEAP Strategy


25

It is of essential importance to continue capacity building of the existing designated bodies, enabling them to take over additional tasks. For example, implementation of Water Quality Standards Directive can be performed by national or local administrative body, but it is essential that it has jurisdiction over the authorisation of discharges to the aquatic environment and the capacity to inspect, sample and analyse discharges and waters. In view of the potential for using the IED (2010/75/EU) as a means of authorising industrial producers and users of dangerous substances, and the links with the WFD, the competent authority should be in a position to establish links with the competent authorities responsible for these two Directives (if they are separate authorities).

2.2.2.5 Nature Protection Legislation

The Birds and Habitats directives have been fully transposed. Provisions of the Law on Nature Protection No.03/L-233 and the Administrative Instruction for the proclamation of wild species protected and strictly protected No.18/2012 have ensured alignment of the national legal framework. Legislative alignment with ZOO directive is also fairly advanced, Law on Nature Protection and the Administrative Instruction No 14/2012 on the keeping conditions, the manner of marking and evidencing of the protected animals in captivity are identified as main transposing instruments. The Law on Nature Protection No.03/L-233 prohibits the use of any device for capturing and killing wild animal species. Law on forests should ensure legal basis for the implementation of Timber and FLEGT regulations. Further efforts are needed to set up the permitting system for the import/export of specimens listed in CITES Regulation annexes. Although the transposition of the Birds and Habitats directives have been completed, the practical implementation has not started yet due to the weak enforcement capacity of the key institutions. The MESP is designated competent authority responsible for implementation, in cooperation with the Ministry of Agriculture, Forestry and Rural Development, the Institute for Nature Protection and the University of Prishtina. Due to lack of financial support, the comprehensive assessment at national level of the existence and location of sites hosting the natural habitat types and the species that are native to the national territory has not been completed. No assessment has been made also with regard to the assessment of the measures that need to be taken to protect SACs. The setting up of the monitoring system with the aim of monitoring the conservation status of natural habitats and species which have been identified at national level as ‘of Community interest’ is still missing. This activity will be undertaken by the Institute for Nature Protection. Full implementation is expected to be achieved in 2022. Significant implementation efforts are still required in order to fully establish administrative mechanisms for the implementation of the ZOO directive. Implementation of the Leghold traps Regulation is also at an early phase. The authorities responsible for the implementation of CITES Regulation have been designated. They include the MESP and the border veterinary services. The MESP is the responsible authority for the issuance of permits and certificates. Administrative Instruction No. 26/2012 on the cross-border movement and trade in wild protected species has provided legal basis for establishing permitting system. The inspector for nature protection carries out the control of commercial activities, whereas the border veterinary inspectorate undertakes the border controls. Regulations on Timber and FLEGT are not implemented yet. Kosovo Forest Agency and the Municipal Directorates for Forestry are the competent authorities for the implementation, monitoring, inspection, enforcement and reporting pursuant to the Law on Forests.

2.2.2.6 Industrial Pollution Control and Risk Management Legislation

Transposition of IED has not started yet, but Kosovo is already fairly advanced due to the fact transposed the majority of the directives it repeals into national legislation. Adoption of the Administrative instruction No.10/2011 for preventing quantity accidents involving hazardous substances has ensured partial compliance with the requirements of the Seveso III Directive. Transposition of VOC paints Directive is at an early stage. MESP is identified as a competent body for industrial pollution control and risk management in Kosovo. The preparation of the inventory of installations is on-going, the Ministry has already identified 30 installations that are subject to IPPC permitting. In addition, the MESP has started the screening process for the existing five operators that have applied. The Environmental Inspectorate ensures compliance of the operators with the permit conditions. The MESP has also undertaken a full assessment of all incineration and co-incineration plants on the national territory. The total number of the plants to which the Chapter IV of the Directive applies is 13. Implementation of the Seveso III

LEAP Strategy


26

Directive has not started yet. So far competent authorities have identified 26 installations that may present a major accident hazard. The implementation of the VOC Paints Directive has not started yet. The same applies for Eco-Label, EMAS and PRTR Regulations. The REC implemented the project “Development of pollutant registers in the Western-Balkan region and the Republic Moldova” This project provided assistance in establishing capacities in competent authorities in Albania, Moldova, Montenegro, Bosnia-Herzegovina and Kosovo in order to compile emissions data and data on waste generated and to run their own register. Through joint effort project partners will develop guidelines in different languages. PRTR information will be made publicly available via national internet portals. The implementation of EMAS and Ecolabel Regulation has not started yet. Full implementation is expected in 2017.

2.2.2.7 Chemicals’ Legislation

The Law on Chemicals No. 04/L-197 was adopted in 2014, and it repealed the the former Law on Chemicals No. 02/L-116. The alignment to the EU acquis started but it is still at an early stage. Most of the provisions of Asbestos Directive 87/217/EEC have been transposed into Administrative Instructions No. 04/2009 on management of waste containing asbestos. For the transposition of the Biocides Regulation, MESP must prepare the Law on Biocides that should be adopted by the Kosovo government. CLP Regulation has been transposed into the Law on Chemicals, No. 04/L-197 and Administrative Instruction No. 17/2014 on classification, labelling and packaging of chemicals. Export Import Regulation of Hazardous Chemicals 649/2012 has been transposed into Administrative Instructions No. 23/2015 for export import of dangerous chemicals, which provided a national regulatory framework on export and import of hazardous chemicals. Some measures for restricting or prohibiting the placing on the market and/or the use of asbestos fibres supposed to be taken by the end of 2015, while some measures for reducing asbestos emissions at source have already been taken. Cleaning process in the Lepencriver containing asbestos cement waste is one of the measures that must be taken in the implementation of the Asbestos Directive. Full implementation is expected to take place in 2020. The lack of administrative capacities has been identified as the main problem when we talk about the implementation of the Biocides Regulation. Implementation of the CLP Regulation and the implementation of the REACH Regulation need some establishment of an implementation plan by the Kosovo authority. When we talk about CLP Regulation significant efforts are required to establish arrangements for the correct hazard classification of substances and mixtures. The implementation of the Export Import Regulation of Hazardous Chemicals 649/2012 has started with Administrative Instructions No. 23/2015 for export import of dangerous chemicals provided a national regulatory framework on export and import of hazardous chemicals. The principal ministries in Kosovo who will be involved directly in implementation will be those responsible for the environment, health and welfare, labour, and industry. The responsible authority in Kosovo already started with the preparation for the implementation of the Export Import Regulation of Hazardous Chemicals 649/2012. Administrative Instructions No. 23/2015 for export import of dangerous chemicals provided a national regulatory framework on export and import of hazardous chemicals. The ministry responsible for health and safety of workers in Kosovo would have particular interests in legislative fields concerning pollution from asbestos and mercury. The Ministry for Foreign Affairs in Kosovo is interested to align the Kosovan legislative framework with EU acquis and to become part of international organisations and related treaties’ obligations, such as the Rotterdam Convention on Prior In-forced Consent (PIC), the Stockholm Convention on Persistent Organic Pollutants (POPs), and the 1998 Aarhus Protocol on Persistent Organic Pollutants (POPs). Kosovo should also consider hiring external experts, including international experts for a limited time, to acquire practical and technical knowledge on implementation and the various aspects and implications. Responsibilities under Directive on the use of animals for scientific purposes can be covered by Ministry of Agriculture or Research in Kosovo, or State Veterinary services in Kosovo. Kosovo lead ministry must ensure coordination with the competent authority in Kosovo in charge for the Waste Directive (2008/98/EC) and the Industrial Emissions Directive (2010/75/EU). When the implementation will affect issues related to air quality, waste disposal, water management and integrated pollution prevention control, municipalities in Kosovo will be involved. In other case they have minor role. Private sector like chemical industry has a role in ensuring the risk evaluation of existing and new chemicals covered by the REACH framework. NGOs and civil society represent specific interest groups such as animal welfare and lobby government about the activities at chemical plants and experimental activities.

LEAP Strategy


27

2.2.2.8 Noise Legislation

Provisions of the Law on Noise Protection No. 02/L-102 have transposed majority of the Directive’s provisions. No measures have been taken so far in order to establish the system for the preparation of strategic noise maps and the preparation of actions plans according to the Environmental Noise Directive. Municipalities in Kosovo play a major role in noise abatement, through local zoning and land planning requirements and in developing local laws that restrict noisy activities. Such authorities in Kosovo are also likely to be involved in the drawing up of strategic noise maps and action plans pursuant to Directive 2002/49/EC on the assessment and management of environmental noise.

2.2.2.9 Climate Change Legislation

Kosovo recently adopted National Climate Change Strategy (2014-2024), and the Strategy itself considers international position of Kosovo in the following manner: • Kosovo is a developing country and an EU accession country; • Kosovo is not yet a party to the UN Framework Convention on Climate change (UNFCCC), however under its

classification of countries it would be considered as a developing country (non-Annex I). Kosovo aims at membership in EU, which entails transposing and implementing EU legislation and gradually moving from developing to a developed country status under the UNFCCC;

• Being a new country, the capacity and track record in dealing with climate change are very limited due to other priorities in the recent years;

• The information on greenhouse gas (GHG) emissions and especially projections is still insufficient. In general, transposition and implementation of EU Climate acquis is at very early stage. The main transposition acts are the Administrative Instruction No. 01/2016 on mechanism for monitoring greenhouse gas emissions, Administrative Instruction on substances that deplete the ozone layer and the fluorinated greenhouse gases and Administrative instruction No.07/2012 on quality of petroleum-derived liquid fuels. The Action plan for implementation of the National Climate Change Strategy (2014-2024) proposes the following administrative interventions: • Legal interventions – requiring drafting and adopting of certain legal acts and administrative procedures; • Strenghthening of institutions and establishment of bodies - CCS recognizes the need for strengthening of certain

institutions (Nature Protection Institute, Meteorological Service, etc.). These interventions should have priority since it represents a precondition for implementation of numerous interventions proposed by CCS.

• Provision of training for professionals -This action is quite comprehensive, taking into account different type of trainings and target groups which are needed in the scope of implementation of CCS. While some steps are explicitly recognized trough CCS, such as training on negotiations under UNFCCC and EU respectively, training on efficient irrigation management for farmers, training on climate change adaptation for advanced professionals in water, agriculture, forestry, land use planning, public health and other sectors, other will certainly arise during the implementation process. It is advisable to produce the list of necessary trainings with defined priorities and take it into account when planning dynamics of implementation for all interventions.

• Information managemant and exchange - Under this title CCS (adaptation component) recognizes set of actions: Strengthening joint/participative information production; Modernizing the hydrometeorology sector; Improving communication (exchange of data and produced information; Improving utilization of information. However, this was considered as a common intervention (both for mitigation and adaptation) since establishment of the National Inventory System is not possible without improvement of information production and exchange. It will certainly require enhancing of official statistics as well as cooperation of many different actors.

• Development of cooperation structures - Under this title CCS (adaptation component) recognizes set of actions: Strengthening the level of, or provisions for, stakeholder participation; Improving cross-sectoral cooperation; Improving cooperation between administration levels; Improving cooperation across administrative boundaries. This is a classic example of administrative intervention that has long-term application since every new obligation requires some administrative fine-tuning and increased cooperation among resposnible actors. Moreover, mechanisms of transparency and public participation need to be constantly improved.

LEAP Strategy


28

2.2.3 Specific Legislation defining the LEAP obligations

In Kosovo the main reference law for the drafting of the LEAPs is the Law on Environmental Protection No.03/L-25, which integral version is reported in Annex A.1.1. In addition to other prescriptions related to the Environmental Planning at National Level, Art.24 of this Law defines specifically the obligations related to the Local Environmental Action Plans and Environmental Programmes. In particular, such article specifies that: 1. The municipalities shall adopt local environmental action plans or environmental environmental programmes in

accordance with the Kosovo Environmental Action Plan (KEAP) according to its specific interests. With regards to the contents, Art.20 of the Law No.03/L-25 specifies that the KEAP contains: the situation, measures, impact assessment of the population in case of environmental risk, the bearer, the way, the dynamics and financial means for their realisation. Therefore, taking into consideration that the KEAP is the cornerstone of the LEAP, these issues must be also considered. In addition, as the KEAP, also the LEAPs are issued in accordance to Art.22 of the same Law, i.e. for: land protection, water protection, air protection and climate change, forest protection; protection of ecosystems, biodiversity and landscape diversity and nature protection, waste management, chemical administration; protection against ionizing and non-ionizing radiation, protection from environmental accidents, noise protection, rational use of energy, the development of the information system and the development and application of economic instruments.

2. In drafting the local action plans and environmental programmes the public, NGOs, professional organisations and business community are participating

3. The municipalities report to the Ministry of Environment and Spatial Planning on the implementation of the local action plan and the environmental programme.

4. Two or more municipalities may jointly draft and adopt joint environmental action plans or programmes for the reduction of adverse environmental effects.

Other important Municipal Plans that consider environmental aspects are the Municipal Waste Management Plans (MWMP), the Municipal Development Plans (MDP) and the Urban Regulatory Plans (URP) The preparation and implementation of the MWMP are regulated by the Law No.04/L-060 “for Waste Management”, which at Art.8 specifies that between the waste management plans there is also the Municipal Waste Management Plan. In the same article, it is also mentioned that like the other waste management plans finalised at national level, such MWMP shall contain: 1. The quantity and types of waste that is expected to be generated and the origin of the waste that will be used or

stored according to plan in the designated place; 2. The quantity and types of waste expected to be generated and the origin of waste that will be accepted by other

municipalities; 3. The quantity and types of waste that is expected to be generated and the origin of the waste that will be sent to

other municipalities; 4. The objectives intended to be achieved for the reduction, reuse, treatment or recycling of waste in the territory

covered by the plan; 5. The amount of waste that is stored temporarily in the planned territory; 6. The municipal waste collection program by households; 7. The programme for collection and division of hazardous wastes from other wastes, or sorting wastes in types; 8. The programme for collectin and dividing commercial waste; 9. The programme for collecting and dividing industrial waste; 10. The proposals for possible techniques for reuse and recycling of components from municipal waste; 11. The state and measures taken for special waste; 12. The programme for reducing the amount of biodegradable waste that is sent to landfill and packaging in

municipal waste; 13. The programmes for public awareness raising and education, related to waste management; 14. The description of locations for equipment and facilities for waste treatment and disposal including necessary

technical requirements for design of new facilities; 15. The estimation and calculation of the waste management costs as well as financial resources for the

implementation of planned projects; 16. The programmes for the reduction, treatment, recycling or disposal of special types of waste; 17. The programme and measures for export, import, transit or waste transfer;

LEAP Strategy


29

18. The possibility for cooperation between two or more municipalities; 19. Any other relevant issue. In addition, Art.11 of the same Law No.04/L-060 specifies that for facilities and equipment for waste management, for which it is necessary to obtain any of the environmental permits, a waste management plan shall be issued containing:

• The documentation with the notes on the waste produced, that can be reused and the wastes that the person has deposited;

• The measures implemented by the person, in order to prevent the creation of waste, to reduce the amount of waste in the production process and, in particular, to reduce the amount of hazardous waste;

• Separation of hazardous wastes and reusable wastes in order to reduce the amount of waste to be disposed of;

• Implementation of measures and techniques for environmental protection and human health;

• Determination of the manner of storage, treatment, recycling and disposal of waste; Art.12 of the Waste Management Law indicates that operators who must be equipped with a waste management license are required to issue a Waste Management Action Plan (WMAP) valid for 3 years that must contain detailed information on:

• Location description and risk source identification, operations and methods for waste management, permitted types of waste, working hours;

• Technical preparation of facilities and equipment for pollution prevention and control, waste water drainage system, wastewater treatment system and gas purification system from facilities and equipment;

• Location infrastructure - electricity, water, sewage, roads and fences;

• Carrying out activities in facilities and equipment, controlling waste from processes, controlling potential flows, fire protection, waste acceptance and implementation of procedures for control, sampling and waste analysis, waste quantity measurement, hazardous waste storage, processing of hazardous waste and equipment actions with them;

• Control, monitoring and notification of waste composition, control of emissions of gases, contaminated waters, and monitoring of meteorological conditions;

• Management and supervision of working conditions in facilities and equipment, checking and notification of dust and suspended particles, smells, noise, obstruction of access of animals and poultry, control of the transfer of waste by unauthorized persons;

• The necessary documentation for the location;

• Any other relevant issue The same Art.12 specifies also that the landfill management plan should contain:

• Description of location characteristics and identification of hazardous sources of waste management, types of waste allowed for storage and hours of work;

• Site preparation with devices for the prevention and control of pollution, raising the drainage system and surface water drainage, options for treating gases from the landfill, maintaining and protecting the final layer of waste recovery and rehabilitation of contaminated sites;

• Waste dump infrastructure - currents, water, sewage, roads and fences;

• Development of landfill works, waste control, drainage control, fire protection at landfills, waste acceptance and control procedures, sampling and analysis of various waste, measurement of waste, discharge, extension, Waste compression and waste coverage;

• Continuous monitoring, pollution control and notification for the control of landfill gases, waste composition, pollution control and recording of meteorological conditions;

• Management and supervision of landfill conditions, control, monitoring and notification for:

• Dust and suspended chips, smells, noise, animals and poultry that have access to the landfill, control of discharge, strain, compaction and garbage collection;

• The necessary documentation for the location;

• Any other relevant issue.

LEAP Strategy


30

The Municipal Waste Management Planning is also strictly related to the following municipal responsibilities and obligations defined by the Art.15 of the same Law No.04/L-060:

• Establishment of a waste management system based on the principle of the waste management hierarchy for their territory; drafting of a local action plan for waste management in accordance with Article 10 of this Law and establishing the conditions for its implementation;

• The municipal waste management plan should be in harmony with the national plan;

• Municipalities are responsible for implementing municipal plans;

• To draw up an annual report on waste management. The annual report must be submitted to the Ministry by March 31 of the following year;

• regulation of responsibilities and obligations to perform services for waste management, implement them and organize the waste management in their territory;

• Maintenance and care for the public information system and reporting on the performance of the works determined by this law, as well as other legal acts on waste management;

• By applying the procurement procedures, selects licensed persons for the collection, collection, storage and transport of waste: inert, communal, commercial, voluminous, and waste from construction and demolition of construction objects within their territory;

• The municipality sets the fees and the way of collecting the funds for municipal services.

• Identification of polluted sites in their territory, design of projects for their rehabilitation with location notes, geometric spatial characteristics, type of pollution, amount of waste, deadlines for improving the situation and other important information for the implementation of the projects.

The same Art.15 specifies also that two or more municipalities, when their interest is concerned, may make arrangements for waste management. The municipality exercises the supervision and control of measures and actions in waste management in its territory, through the municipal environmental inspector. At the request of the MESP, the municipality provides the information and recommendations required regarding waste management. The municipality is obliged to ensure the removal and care of waste disposed of in public or outside waste landfills in its territory. If the person responsible for waste management in accordance with the legal responsibilities does not take care of the waste left by the unknown person, the responsibility for the waste is borne by the municipality. The Municipality issues sub-legal acts by which it regulates the functioning of the competent municipal body and the standards of the waste management service. The performance of public services and the provision of public infrastructure in the field of municipal waste management is an exclusive competence of municipalities in accordance with the Law on Local Self-Government. The Law no. 04 / L-174 “On Spatial Planning” defines, at Art.5, that at Municipal Level 3 Spatial Planning documents must be prepared: 1) the Municipal Development Plan (MDP); the Municipal Zoning Map (MZM); and the detailed Urban Regulatory Plans (URP). In accordance with Art.10 of the same Law, the Municipal Assembly is responsible for approving the funds allocated by the Municipality for implementation the Spatial Planning instruments at local level as well as for the approval of the draft decision for the drafting of the MDP, the MZM, as well as the URP. Art.15 of this Law indicates that the Municipal Development Plan is a multi-sectorial strategic plan that defines the long-term goals of economic, social and spatial development. The Municipal Development Plan should include a plan for the development of urban and rural areas for a period of at least 8 years. In order to establish sustainable strategic priorities, the MDP reviews and evaluates the existing plan of:

• Demographic data of the Municipality;

• Exploitation of economic development resources in relation to objectives of strategic development plans of governmental and municipal sectors;

• Existing technical infrastructure of the central and local level, in relation to the objectives of the strategic development plans of the governmental and municipal sectors;

• Existing social infrastructure of the central and local level, in relation to the objectives of the strategic development plans of the governmental and municipal sectors;

• Protection against natural and other disasters as well as pollution and degradation of the environment;

• Development of tourism and protection of cultural heritage;

• Of informal settlements.

LEAP Strategy


31

The Municipal Development Plan defines the vision, principles, objectives and priorities of the strategic development upon which the compilation of the Municipal Zones Map is based. Neighboring Municipal Assemblies in cooperation may approve the proposals-decisions to establish and draft a joint Municipal Development Plan covering the entire territory of these municipalities. In accordance with Art.16 of the Law on Spatial Planning, the Municipal Zoning Map is a multi-sectoral document that, through charts, photographs, maps and text, specifies in detail the type, destination, planned use of space and action measures based on the length and reachable projections of public and private investments For the entire territory of the Municipality for a period of at least 8 years. The MZM defines the areas and measures for:

• Economic development;

• Development of agricultural, residential, commercial, industrial, technological and mixed use areas, and construction conditions;

• Improving the technical infrastructure of the local level;

• Improving local public infrastructure;

• Improving the social infrastructure at the local level;

• Improving public safety;

• Protection against natural and other disasters and pollution and degradation of the environment;

• Development of tourism and protection of cultural heritage;

• Treatment of informal settlements;

• Enforcement provisions; and

• Implementation monitoring provisions. The drafting of the MZM is based on:

• Objectives of the strategic development plans of the various sectors of the Government and the Municipality, public administration, education, science and technology, agriculture, forestry, rural development, public security, cultural heritage, cultural events, sports, environment, social welfare, health, infrastructure , Economy, trade, industry, telecommunications, public transport, distribution of electricity and heat;

• Sustainable development by efficiently utilizing public funds;

• Treatment of informal settlements;

• Kosovo's Zoning Map, Municipal Development Plan and Technical Spatial Planning Norms. The MESP with a sub-legal act defines the basic elements and requirements for the design, implementation and monitoring of the MZM.

LEAP Strategy


32

2.3 LEAP DATABASE IN CONNECTION WITH KEPA DATABASES OF

ENVIRONMENTAL DATAS

The Kosovan Office of the Regional Environmental Center (REC) has implemented the project "Local Environmental Action Plan for Sustainable Development" aiming at establishment of a database and improving the contents of the LEAPs finalised by 26 beneficiary municipalities of the Country (see the following Table 2.3.1). Further assistance was provided by KEP (finalisation and update of 5 Pilot LEAPs) and by the following other donors:

• The Swedish International Development and Cooperation Agency (Sida) funded the finalisation of the LEAPs for 20 municipalities in accordance with REC-ICS Guidelines (5 pilot LEAPs finalised through the KEP TA);

• The United States’ Agency for International Development (USAID / CDF) funded the preparation of the LEAPs for 4 Municipalities of the North of Kosovo of Serbian minorities;

• The German International Cooperation Agency GIZ funded the LEAP of 1 Municipality;

• The UNDP funded the preparation of the LEAP of 1 Municipality (Dragash / Shari).

Local Environmental Action Plans (LEAP) in Kosovo

Nr. Municipality Validity period Status Donor Implementer

1 Ferizaj 2009-2015 Finalised, to be updated Sida REC Kosovo

2 Gjakova 2009-2015 Finalised, to be updated Sida REC Kosovo

3 Gjilani 2009-2015 Finalised, to be updated Sida REC Kosovo

4 Klina 2009-2015 Finalised, to be updated Sida REC Kosovo

5 Peja 2009-2015 Finalised, to be updated Sida REC Kosovo

6 Deqani 2012-2017 Finalised, to be updated Sida REC Kosovo

7 Graqanica 2012-2017 Finalised, to be updated Sida REC Kosovo

8 FushëKosova 2012-2020 Finalised Sida REC Kosovo, KEP TA

9 Hani Elezit 2012-2017 Finalised, to be updated Sida REC Kosovo

10 Istogu 2012-2020 Finalised Sida REC Kosovo, KEP TA

11 Juniku 2012-2017 Finalised, to be updated Sida REC Kosovo

12 Mitrovica 2012-2020 Finalised Sida REC Kosovo, KEP TA

13 Obiliqi 2012-2020 Finalised Sida REC Kosovo, KEP TA

14 Podujeva 2012-2017 Finalised, to be updated Sida REC Kosovo

15 Parteshi 2012-2017 Finalised, to be updated Sida REC Kosovo

16 Kllokoti 2014-2019 Under finalisation Sida REC Kosovo

17 Ranillugu 2014-2019 Under finalisation Sida REC Kosovo

18 Mamusha 2014-2019 Under finalisation Sida REC Kosovo

19 Vushtrria 2014-2019 Under finalisation Sida REC Kosovo

20 Shtrpca 2014-2019 Under finalisation Sida REC Kosovo

21 Shari/Dragashi 2013-2018 Under finalisation UNDP REC Kosovo

22 Prishtina 2015-2020 Finalised, not approved GIZ REC Kosovo

23 Mitrovica e Veriut 2016-2020 Finalised, not approved USAID REC Kosovo, KEP TA

24 Leposaviqi 2016-2020 Finalised, not approved USAID REC Kosovo

25 Zveqani 2016-2020 Finalised, not approved USAID REC Kosovo

26 Zubin Potoku 2016-2020 Finalised, not approved USAID REC Kosovo

Note: Other municipalities that are not in the list (in total 12 municipalities) have not yet developed and approved the LEAP

Tab.2.3.1: List of the municipalities of Kosovo that finalised a LEAP with the corresponding funding and implementing agency

The projects funded by the above donors have been implemented by the REC Regional Office (Kosovo office) and strongly supported by the Ministry of Environment and Spatial Planning (MESP), the Ministry of Local Government Administration (MLGA) and the beneficiary municipalities. Five of these LEAPs were further developed with the assistance provided by Sida through the KEP funded programme. In addition, 12 other municipalities in Kosovo have not yet developed and approved any LEAP even though many are very interested to do so; but their lack of internal capacity and financial support made necessary the further external assistance to implement the corresponding legal obligation

LEAP Strategy


33

3 GUIDELINES FOR LEAP DRAFTING

3.1 METHODOLOGIES FOR LEAP COMPLETION

3.1.1 Elements of a LEAP

LEAPs require the active engagement of the public throughout the entire process, and successful public outreach requires two-way communication. First, public participation means raising awareness by informing and educating community members about the scope and goals of your efforts, environmental issues and priorities, and potential actions for addressing the highest priorities. Second, LEAPs involve soliciting the ideas, concerns, and opinions of citizens to help ensure that the priorities and solutions developed by your SG reflect those of the community as a whole. Effective public outreach efforts ultimately help to “build community” by informing people and getting them involved in issues that affect their lives. Educating the public is not an end in itself but rather a means toward increasing citizens’ voices in decisionmaking processes. Thus, LEAPs provide a unique chance to promote participatory decision-making practices — the foundation of any democratic society. Further, delegates from 36 European countries signed a recent convention on public participation that strongly encourages governments to actively involve citizens in environmental decision-making. LEAPs can help local governments fulfill these obligations.

Fig.3.1.1: Aarhus Convention on Public Participation

LEAP Strategy


34

3.1.1.1 LEAP Completion Criteria

The successful Completion Criteria of a LEAP are the following:

• Outcome is rational, practical, and useable all stakeholders.

• Endorsement and buy-in from the board, council and community.

• Council and community accept and support the framework’s annual results.

• Community is satisfied there has been effective consultation.

3.1.1.2 Role and importance of a LEAP in Kosovo

The Local Environmental Action Plans are documents of local environmental policies, which represent environmental priorities and list of actions to find solution. Preparation of these action plans develops even more the abilities and skills of the local government and other interested entities in environment and community. At the same time, LEAP incentivizes the collaboration between civil society, public, local and central government, enterprises and alternative environmental entities, while supporting the free exchange of information as well as participation of the public in decision – making. It is known that every economic or social activity has a special impact on the environment where we live, that is why together with the economic and social development, we need to keep an eye on environmental protection as well as harmonization of the economic, social and environmental activities in order to have stable development. This is possible through a more friendly approach to the environment around us, using advanced technologies, rational use of natural resources, good urban planning, protection and renewal of forests and agricultural lands. The environmental situation in Kosovo is unfortunately not good and with a tendency to further deterioration. Suffice to leave your home or apartment and face the worst of sight, garbage everywhere, dirty water, dense and chaotic traffic, illegal construction, noise and smell. So, thea implementation of a LEAPs is a good opportunity for identifying, addressing, mitigating or solving these environmental problems. LEAP includes shaping of a local community’s vision of its future, environmental assessment, setting of environmental priorities, selection of efficient ways of handling of urgent matters, taking measures to achieve real improvement of the state of environment and health of people. LEAP is based on the idea of active public participation in the decision-making by the local authorities. New approach to the way of handling of environmental issues reflects understanding of the fact that local authorities and communities are best of all aware of the local problems, challenges and needs. Decentralization of the decision-making process enables to adjust environmental actions to the real needs of a particular community or region. The purpose of LEAP is to support and develop the mutually agreed process powered by the local authorities, representatives of industry, and citizens. The ultimate result of this process would be preparation of the Local Environmental Action Plan developed with the participation of all stakeholders. Preparation of LEAP requires the use of various tools for analysis, assessment, strategic planning and institutional development of the local communities, including evaluation of the community needs, public consultations, environmental risk assessment, financial analysis and many other things. LEAP implementation is a continuous process, which involves monitoring and assessment of the programme and project efficiency. All stakeholders can get involved in its implementation, but the leading role would normally belong to a local administration. Some actions can be performed by joining forces of a community. The local enterprises can make a significant contribution to the LEAP implementation process. One of examples of the LEAP promotion is contribution of money and resources to implementation of a municipal environmental programme. Essentially, the Local Agenda 21 is a long-term development plan for a certain community or territorial entity. This sustainable development plan is put together with the help of the general public based on the national policy for sustainable development and local particularities. Today representatives of the local authorities have to initiate wide public discussions on development of the Local Agendas for the 21st century. For this purpose, all municipal, district or rural administrations must ensure incorporation of the sustainable development principles into their operations. In order to achieve this goal, local authorities and citizens should develop a mechanism through which they would be able to carry out joint activities designed for establishment of the sustainable community, as well as for development of a particular city, district or village.

LEAP Strategy


35

The achievement of the local sustainable development implies application of strategic planning methods as a real tool for the community management improvement. It enables a local community to identify its long-term development goals and to involve broad layers of the population in the governance process. Besides, the Local Agenda 21 strategy encourages efficient use of municipal and rural resources and helps to ensure expedient and effective response to the constantly changing modern life conditions. When developing strategies, it is recommended to follow the principles of public partnership and cooperation between local self-government bodies and citizens, non-governmental organizations, business community and scientists. The Local Environment Action Plan (LEAP) has enabled to: a) Solve environmental problems by identifying priorities and defining actions for their solution, including all possible

actors for defining these actions and creating effective implementation strategies, interlinked under an Action Plan.

b) Develop civil society through the strengthening of coordination and communication between the various sectors in the community, bringing together representatives of different communities representing different interests in these communities, including local authorities, NGO representatives, businesses, the scientific community , Explaining the specific techniques that local organizers can use to identify key stakeholders in the process, increase public participation and input in the process, recruit and work with volunteers, and foster co-operation between stakeholder groups and organizations.

c) Increase local and community governance skills to present the core elements of the community action plan by assessing community problems and opportunities by organizing civic committees including the public, prioritizing, drafting strategies and developing an Action Plan.

d) Increase the exchange of information at local level by bringing examples and models from previous community plans from which participants can develop ideas and techniques applicable in their concrete cases, to carefully collect information on the current state of the environment.

e) Provide concrete solutions to community problems by exchanging experiences related to the use of skills in analyzes, planning, debates and evaluations that are essential to an effective community action. By giving participants the opportunity to put into practice group work, dealing with solving practical problems through the interaction of small working groups.

3.1.1.3 Methodology for LEAP preparation

The Local Environmental Action Plan for the Municipality is drafted over a period of one year and its drafting included local government actors and the wider community. A working group of specialists from different fields (environmentalism, architecture, tourism, health, education, sport, cultural heritage, etc.) was established for this purpose and it worked in cooperation with other local and international experts to design the LEAP. Firstly, there has been a training of the working group who were invited to the project in terms of developing LEAP and finding additional resources for the implementation of activities to improve environmental quality. Within this project for the drafting of the Local Environmental Action Plan (LEAP), a survey on citizens of Vushtrri Municipality was conducted. There have been a considerable number of questionnaires, which have helped and orientated the working group more fairly in selecting priority areas. Acknowledgments to this are to the citizens of the Municipalities and civil society, which in the process of responding the polls has helped the polling process to be successful. Public debates and media debates have been organized in order to have broader involvement and to take the thoughts of the community and civil society. The methodology for the preparation of a LEAP shall consider: 1. Environmental status analysis: it presents a detailed analysis of the situation on all matters considered by the

plan, presenting it in all its aspects and interrelated. This analyzes to have a clearer idea of environmental problems that disturb the Municipality of Prishtina.

2. List of environmental problems: environmental problems are presented according to a predetermined matrix, which gives a detailed description of all the indicators for identifying a problem. The most important parts of this matrix are the factors of the problem and the priority for each problem.

3. Action Plan for Solution: this chapter is the most important part of the Plan, as it presents all the possible actions and projects for solving environmental problems. This matrix serves local authorities to draft concrete projects and fundraising from donors.

LEAP Strategy


36

3.2 LEAP PHASES AND TIMING

3.2.1 Introduction

The basic process of drafting LEAP can be divided into several phases, which are inter-related and connected with one another. Stages of LEAP are: preparatory activities, identification of participants, formation of the coordinating body, formation of the working group, assessment of the current environmental situation, the development of a community vision, setting priority areas of work within LEAP, developing an action plan for the priority areas and setting priorities in the implementation of the action plan. The different phases of LEAPs can vary in duration. The planning phases can take from between 15-30 months, while the implementation and monitoring/evaluation phases are on-going. The Stakeholders’ Groups (SGs) in some communities have found that longer planning timelines can result in more comprehensive EAPs. On the other hand, citizenbased volunteer efforts may be difficult to sustain over a long period of time. In addition, the target community may feel some urgency to move ahead with implementation efforts. The SG will need to select a planning horizon that balances its desire to prepare a detailed EAP with the energy and time availability of the related members. Other activities within the development of LEAP in the local community involved all activities in order to support LEAP. They are as follows:

• Information and educational activities in preschool institutions and schools;

• Awareness raising for the population;

• Organize meetings for environmental issues; and

• Contact local people and information resources. The Local Environmental Action Plan is a document and a process simultaneously. It is a process, in which active work is done by a great number of participants to create a document, based on which later stages of implementation will be carried out for several activities related to environmental protection at a local level. LEAP represent e specif forum formed by participants of all sectors of the local community and make arrangements to represent their interests, values and their views and agree on a common development strategy of developing their local community such as defining a number of priority actions and projects. Considering competences of local government and their need for harmonization of environmental protection activities with other levels of local administration (up to state level), LEAP’s main steps are:

• Defining, evaluating and ranking problems related to environmental protection in the local community, alongside the risks of its transfer to human health, ecosystem and overall quality of life;

• Preparing a short, medium and long term set of activities to reduce the main risks for human health, ecosystem and overall quality of life;

• Providing conditions for an effective implementation of local policies on environmental protection and sustainable development principles;

• Public awareness raising campaign for environmental responsibility including increasing public pressure for greater need for investments in the field of environmental protection and improvement.

• Capacity building for the local administration and the executive, professional and scientific institutions and NGO sectors to prepare, conduct and lead projects in the field of environmental protection;

• Assuring additional resources dedicate to funding environmental projects by local, state and international sources.

• Strengthening the capacity of the local economy for the introduction and implementation of environmental standards in the production process (ISO 14000), in order to increase competitiveness while respecting the need for environmental protection

The five phases of a LEAP are outlined in more detail below. More details can be found in the “Guide to implementing Local Environmental Action Programmes in Central and Eastern Europe” in Annex A3.3.

LEAP Strategy


37

3.2.2 Getting Started (3-6 months)

Starting a LEAP involves gaining the support of the local government, forming a SG, and developing a community vision. First, LEAPs require a close working relationship between citizens and local officials. Local officials hold the key to implementing environmental programmes — from financing capital investments to adopting local ordinances. Overwhelmed with a wide range of environmental problems that need immediate attention, some local officials are collaborating with citizens to help address these problems. This collaborative approach can only be successful if it is built upon a foundation of common purpose and trust between local governments and citizens. LEAPs begin with a core group of committed individuals who are interested in bringing the community together to address environmental issues. In some communities, the Municipalities could take the lead, while in others (for example the municipalities in the North of Kosovo), the NGOs have initiated the idea and encouraged their local governments to participate. As mentioned earlier, the involvement of different institutions and affected individuals is usually manifested through the formation of a multi-representative body called a Stakeholder Group (SG). The SG guides the community through the steps of the LEAP process. Perhaps most importantly, the SG is responsible for reaching out to the rest of the community, soliciting their views on environmental priorities and solutions, educating them on the problems facing the community, and actively involving community members in improving the local environment. The SG often develops a Community Vision as one of its first steps. A Community Vision is a description or a picture of what you would like your community to look like several years into the future. By developing a community vision, you will be creating a framework to help your community make choices about environmental goals and solutions as you develop your EAP.

3.2.3 Assessing Environmental Issues and Setting Priorities (6-12 months)

Priority setting are one of the most critical components of a LEAP. An environmental issue assessment is a profile of environmental conditions in the community — as it exists today. It helps citizens paint a portrait of the place where they live given the current environmental status of the air, water, and land. Some environmental assessments describe the impacts of these problems in terms of the threat (or risk) they pose to human health, ecological health, and the quality of life. Environmental issue assessments generally fall into two broad categories: participatory and expert assessments. Participatory assessments rely primarily on lay people to collect data and information on environmental problems in the community, while “expert” assessments are more formalized methodologies that scientifically and statistically evaluate and document environmental conditions in the community. Oftentimes, these two approaches are blended to develop issue assessments that are based upon both scientific data and broad public input. Many communities use information gathered during the assessment stage as the foundation for setting environmental priorities. Priority setting helps target environmental improvements toward the most critical problems and can help ensure that your community achieves the greatest public health and environmental benefits for its money. A successful priority setting process will require the support and cooperation of representatives from government, businesses, and NGOs.

3.2.4 Developing and Environmental Action Plan (6-12 months)

The Environmental Action Plan (EAP) is the cornerstone of a LEAP. The EAP focuses on the most serious environmental problems identified during the priority setting phase. The preparation of the EAP begins with establishing environmental goals, targets and indicators. Environmental goals provide an opportunity to build consensus among the SG on what it hopes to accomplish over a set period of time, e.g. threefive years. Targets are measurable commitments to be realized within a specified time frame and are used in evaluating and measuring progress in implementing the EAP, while indicators measure whether environmental goals and targets have been achieved. The next step in developing the EAP involves reviewing existing environmental practices. This process can include examining your community’s capabilities to address environmental problems, as well as external factors that may either assist or hinder your community. The SG then identifies a set of actions to help achieve the goals and targets. These actions include educational activities, economic incentives, technological measures, community programs, and regulatory actions to address various problems.

LEAP Strategy


38

After identifying a range of possible actions, it is important that the SG choose evaluation criteria that serve as the basis for selecting its preferred actions. Your SG will probably need to undertake specific economic, engineering, and/or environmental analyses to ensure that the selection of actions is based upon sound information. In order to maximize the effectiveness and usefulness of the EAP, it is critical to link the EAP with statutory planning processes at the local and regional levels. The SG then prepares a draft EAP that summarizes the results of its work. The draft EAP is submitted to the public for comment and ultimately adopted by the Municipal Council. This EAP then serves as a long-term guide for environmental actions in the community. The EAP will need to be revised periodically — ideally every 3-5 years — to reflect new information, technological advances, and new environmental requirements.

3.2.5 Implementing Actions (on-going)

All the planning efforts of the SG — developing a vision, assessing issues, establishing priorities, and developing an Action Plan — lead to implementation. The environmental planning process helps ensure that the community is targeting the serious problems, as well as the “ripest opportunities,” i.e. those actions where environmental improvements can be readily achieved. As the primary institution responsible for implementing recommendations from the EAP, it is absolutely critical that the Municipality takes full “ownership” of the recommendations. This ownership can be manifested by integrating specific recommendations from the EAP into statutory planning processes of the Municipality, such as the preparation of a land-use plan or municipal budget. The first step in project implementation is identifying all agencies and institutions with potential responsibilities for project implementation, including local, regional, and national governments, the private sector, and NGOs. The private sector offers one effective option for project implementation. Many communities in Western Europe have found that private companies can play a valuable role in implementing a range of environmental programmes — from collecting solid waste to operating wastewater treatment plants. NGOs also offer enormous promise for implementing specific actions. Any implementation action involving multiple institutions and private companies will require an appropriate organizational structure to ensure effective implementation — either by modifying an existing structure or creating a new one. Once the proper organizational structure is established, the participation of these institutions can be secured through a written agreement. After securing the participation of all implementing institutions, the next step is to prepare an Implementation Plan. The Implementation Plan integrates each of the different actions into one overall, comprehensive programme. It helps ensure that each of the different actions work synergistically toward a common set of goals and targets. One of the biggest implementation challenges is project financing. A “Project Financing Plan” can help ensure that your SG and Municipality have addressed all major issues related to securing adequate funding.

3.2.6 Monitoring and Evaluating Results (on-going)

Once implementation has begun, it is important to monitor and evaluate results. An effective monitoring and evaluation system provides an opportunity to: a) compare the implementation efforts with the original goals and targets; b) determine whether you are making sufficient progress toward achieving expected results; and, c) determine whether you are adhering to the project time schedule. The first step in preparing a monitoring and evaluation program is to review the environmental targets and indicators developed in the EAP to make sure they are still current and reflect the latest information. Next, it is important to establish a reporting system that will record the performance of all institutions with implementation responsibilities. This reporting system provides a system of accountability for all responsible parties on how well they are achieving the goals and targets established in the EAP. Once the municipality has finalized the targets and indicators, established the reporting system, and collected the data, it is ready to conduct the project evaluation. The evaluation process involves comparing the actual results to the targets identified in the EAP. One of the most important aspects of an evaluation process is that it actually provides usable results to project implementers — information that can be utilized by project managers and staff to improve results. The evaluation also provides valuable “lessons learned” that can be incorporated into future implementation activities. Finally, it is important to communicate the results of the evaluation process with community members and to report their responses to various implementing agencies.

LEAP Strategy


39

3.3 DEFINITION OF THE KEY STRUCTURE OF A LEAP

In accordance with the REC and main international guidelines for the preparation of a LEAP, a specific structure of a LEAP is proposed and could be included in an Administrative Instruction regulating such important planning documents at municipal level. Such draft structure is shown in the following Table 3.3.1:

1 INTRODUCTION .......................................................................................................................................................

1.1 LEGAL OBLIGATIONS FOR THE DEVELOPMENT OF A LEAP ............................................................................................... 1.2 MAIN GOALS OF A LOCAL ENVIRONMENTAL ACTION PLANS ............................................................................................ 1.3 METHODOLOGY FOR THE DEVELOPMENT OF A LEAP ..................................................................................................... 1.4 THREE MAIN GROUNDS FOR DRAFTING A LEAP ..........................................................................................................

2 GENERAL DATA OF THE MUNICIPALITY ...................................................................................................................

2.1 BACKGROUND INFORMATION ..................................................................................................................................

2.2 GEOGRAPHICAL POSITION .......................................................................................................................................

2.3 ADMINISTRATIVE DIVISION OF THE TERRITORY .............................................................................................................

2.4 GEOLOGICAL CHARACTERISTICS ................................................................................................................................

2.5 CLIMATE .............................................................................................................................................................

2.5.1 Air Temperature .............................................................................................................................................................. 2.5.2 Wind ................................................................................................................................................................................. 2.5.3 Relative Humidity of Air .................................................................................................................................................. 2.5.4 Precipitation ....................................................................................................................................................................

2.6 HYDROGEOLOGICAL CHARACTERISTICS OF RIVERS ......................................................................................................... 2.7 WATER SOURCES ..................................................................................................................................................

2.7.1 Physical-Chemical State of Waters ................................................................................................................................. 2.7.2 Bacteorological Status .....................................................................................................................................................

2.8 PEDOLOGICAL CHARACTERISTICS .............................................................................................................................. 2.8.1 Alluvial Soil (fluvial) ......................................................................................................................................................... 2.8.2 Red-brown Soil ................................................................................................................................................................ 2.8.3 Class of Land ....................................................................................................................................................................

2.9 POPULATION ....................................................................................................................................................... 2.9.1 Structure of the Population ............................................................................................................................................ 2.9.2 Gender Structure ............................................................................................................................................................. 2.9.3 Ethnic Structure ...............................................................................................................................................................

2.10 ECONOMY ........................................................................................................................................................... 2.10.1 Number and Structure of the Business .......................................................................................................................... 2.10.2 Agriculture and Farming.................................................................................................................................................. 2.10.3 Tourism and Hotel Business ............................................................................................................................................ 2.10.4 Business Community .......................................................................................................................................................

2.11 INFRASTRUCTURE AND PUBLIC SERVICES ..................................................................................................................... 2.11.1 Water Supply ................................................................................................................................................................... 2.11.2 Sewerage ......................................................................................................................................................................... 2.11.3 White Water Sewerage Network .................................................................................................................................... 2.11.4 Waste Services ................................................................................................................................................................. 2.11.5 Road infrastructures ........................................................................................................................................................ 2.11.6 Public Transport .............................................................................................................................................................. 2.11.7 Railway Traffic ................................................................................................................................................................. 2.11.8 Power Supply ................................................................................................................................................................... 2.11.9 Telecommunication System ............................................................................................................................................

2.12 SOCIAL SERVICES .................................................................................................................................................. 2.12.1 Health Centres ................................................................................................................................................................. 2.12.2 Education Centres ........................................................................................................................................................... 2.12.3 Old and Youth Centres .................................................................................................................................................... 2.12.4 Sport and Recreation Centres .........................................................................................................................................

Tab.3.3.1: Tentative Table of Contents for a LEAP (template for future LEAPs to be finalised in Kosovo)

LEAP Strategy


40

2.13 CULTURE AND HERITAGE ........................................................................................................................................ 2.14 NATURAL RESOURCES ............................................................................................................................................

2.14.1 Mineral Resources ........................................................................................................................................................... 2.14.2 Agriculture Lands ............................................................................................................................................................. 2.14.3 Forests and protected areas ...........................................................................................................................................

3 ENVIRONMENTAL BACKGROUND ............................................................................................................................

3.1 AIR MANAGEMENT ...............................................................................................................................................

3.2 WATER MANAGEMENT ..........................................................................................................................................

3.2.1 Water Resources ............................................................................................................................................................. 3.2.2 Pollution of Water Resources ......................................................................................................................................... 3.2.3 Monitoring the Quality and Quantity of Water ............................................................................................................. 3.2.4 Urban Wastewater Management ...................................................................................................................................

3.3 WASTE MANAGEMENT ..........................................................................................................................................

3.3.1 Urban Wastes .................................................................................................................................................................. 3.3.2 Industrial Wastes ............................................................................................................................................................. 3.3.3 Other Wastes ...................................................................................................................................................................

3.4 URBAN DEVELOPMENT AND LAND USE ......................................................................................................................

3.4.1 Urban Development ........................................................................................................................................................ 3.4.2 Informal Settlements ...................................................................................................................................................... 3.4.3 Municipal Public Lighting ................................................................................................................................................ 3.4.4 Industry ............................................................................................................................................................................

3.5 AGRICULTURE ...................................................................................................................................................... 3.5.1 Plowing ............................................................................................................................................................................ 3.5.2 Vegetables ....................................................................................................................................................................... 3.5.3 Farming ............................................................................................................................................................................ 3.5.4 Beekeeping ......................................................................................................................................................................

3.6 VETERINARY ........................................................................................................................................................ 3.7 BIODIVERSITY AND NATURAL HERITAE ....................................................................................................................... 3.8 FORESTRY ...........................................................................................................................................................

3.8.1 Size of Forest Land........................................................................................................................................................... 3.8.2 State of the Forests ......................................................................................................................................................... 3.8.3 Forest Degradation .......................................................................................................................................................... 3.8.4 Reforestation ...................................................................................................................................................................

3.9 NATURAL AND CAUSES PHENOMENA ......................................................................................................................... 3.9.1 Fires .................................................................................................................................................................................. 3.9.2 Explosions ........................................................................................................................................................................ 3.9.3 Traffic Accidents .............................................................................................................................................................. 3.9.4 Accidents from the War Remnants ................................................................................................................................ 3.9.5 Earthquakes .....................................................................................................................................................................

4 SURVEY RESULTS AND PRIORITIES ...........................................................................................................................

4.1 PUBLIC SURVEY IN THE MUNICIPALITY ON ENVIRONMENTAL SITUATION AND PRIORITY ENVIRONMENTAL PROBLEMS ................... 4.2 METHODOLOGY ................................................................................................................................................... 4.3 RESULTS OF THE SURVEY .........................................................................................................................................

5 ANALYSIS OF ENVIRONMENTAL PROBLEMS ............................................................................................................

6 ACTION PLAN ...........................................................................................................................................................

7 BIBLIOGRAPHY AND LITERATURE REFERENCES .......................................................................................................

Tab.3.3.1: Tentative Table of Contents for a LEAP (template for future LEAPs to be finalised in Kosovo)

LEAP Strategy


41

4 ACTION PLAN

As already described in the §2, the actual status of LEAP preparation in Kosovo can be summarised as follows: 1. 26 LEAPs have been already finalised for 26 Kosovan Municipalities 2. Of these 26 LEAPs already prepared, 12 already expired and 14 will expire within 2020 3. 12 Kosovan municipalities are without any LEAP Taking into consideration this situation, the following actions are recommended: 1. To update and harmonise in accordance to common guidelines and related Administrative Instruction the existing

26 LEAPs. For the harmonisation of the LEAPs, the table of contents of Table 3.3.1 and the Guidelines reported in Annex A3 could be used.

2. To complete the finalisation of the missing 12 LEAPs with the support of the financial resources to be provided by International Donors. Also for these LEAPs, the table of contents of Table 3.3.1 and the Guidelines reported in Annex A3 could be used

In this way, within the end of 2020 it could be possible to have available harmonised and completed LEAPs for all the 38 Kosovan Municipalities. At the same time, these LEAPs could be valid for a five year period 2020-2025. The harmonisation of the LEAPs using common guidelines, templates and information will also make easier both the approval of the documents by MESP as well as the integration of the related data in the overall Environmental Information System (EIS) managed by KEPA. At this purpose, we must emphasise the importance that the updating of the existing 26 LEAPs and the preparation of the new 12 LEAPs is done in accordance with the data to be provided by the Kosovo Environmental Protection Agency (KEPA) and, possibly, with a strong involvement of the municipal officers employed within the Department for Urban Planning, Cadastre and Environment (DUPCE) of the target Municipality.

LEAP Strategy


42

LEAP Strategy


43

A ANNEXES

A.1 INTEGRAL VERSION OF KEY LEGISLATION

A.1.1 Law No. 03/L-025 “on Environmental Protection”

Republika e Kosovës

Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly

Law No. 03/L-025

ON ENVIRONMENTAL PROTECTION Assembly of Republic of Kosovo, In support of article 65 (1) of the Constitution of the Republic of Kosovo, Recognizing the need to bring environmental standards in Kosovo into harmony with those of the European Union hereby issues, Approves:

LAW ON ENVIRONMENTAL PROTECTION

CHAPTER I GENERAL PROVISIONS

Article 1

1. This law shall harmonize economical development and social welfare with basic principles for environmental

protection according to the concept of sustainable development. 2. The purpose of this law is to promote the establishment of healthy environment for population of Kosovo by

bringing gradually the standards for environment of European Union.

Article 2 1. This law shall regulate the integral system of environmental protection, risk reduction for life and human health,

according to the concept of sustainable development. 2. This law aims:

2.1. rational use of natural resources and limitation of pollution discharge on environment, prevention of damage, rehabilitation and improvement of defective environment;

2.2. improvement of environmental conditions in correlation with life quality and protection of human health; 2.3. saving and maintenance of natural resources, those renewable and un renewable as well as its sustainable

management; 2.4. coordination of national activities for fulfilling of request concerning to environmental protection; 2.5. regional and international coordination in the field of environment; 2.6. stimulation and public participation on activities related to environmental protection; 2.7. to ensure that development on Kosovo is sustainable in order to protect and save the soil, air, water, living

sources in Kosovo in favour of the coming generations;

LEAP Strategy


44

2.8. to promote regional and international measure for saving, protection and improvement of environmental quality; and

2.9. to do appropriateness of laws, sub-legal acts and procedures of Kosovo institutions with European Union legislation

Article 3

The implementation of the provisions of this Law is obliged for all central and local institutions, physical and juridical entities, local and international that doing their activities in the territory of Kosovo.

Article 4 Definitions

Terms used in this Law shall have this meaning: ▪ ”Integrated system for environmental protection” is environmental protection system when public authorities

cooperate and coordinate works between them for drafting and implementation of every measure, standard or activity with the aim of environmental protection;

▪ ”Environment” is the natural environment: air, earth, water, climate, flora and fauna, on the integrity of intercommunication and cultural heritage as a part of environment created by man;

▪ “Environmental pollution“ is direct or indirect introduction of polluting matters or energy into the environment, caused either by human activities or natural processes, which have adverse effects on the quality of environment and human health;

▪ “Environmental damage” is breaking of physical-chemical characteristics and structural of natural ecosystem, decreasing of biological diversity of natural ecosystems, breaking of ecological balance and life quality, caused mainly by water , air, and soil pollution, from human activities or natural fatalities;

▪ “Environmental degradation” process of violence of environmental quality caused by natural activities and human or consequence on non undertake measures for moving of guilty degradation of quality or environmental damage of natural values or values created with activities;

▪ “Risk” is a potential of a certain activity, directly or indirectly, that shall cause damage/pollution for the environment and human health and material goods;

▪ “Environmental Accident“ is a sudden and uncontrolled event or series of events, which occur with uncontrolled release (discharge or throwing) of hazardous matters in the process of production, circulation, utilization, transport, processing, storage, disposal or long-term inadequate storage;

▪ “Environmental consent“ shall mean written authorization issued by competent authority pursuant to this law, or normative acts issued pursue to this law, for the purpose of taking the construction license;

▪ “Environmental integrated license” shall mean written authorization issued by competent authority in accordance with this law, requested for license receipt for action.

▪ “Environmental authorization” is official written legal document issued by Ministry, allowing the holder thereof to develop the activity or execution of the project only once, in accordance with the described conditions specified therein.

▪ “Environmental permit” is written document issued by Ministry based on this law, requested with the purpose of getting work permit;

▪ “Municipal environmental permit” is written document issued by Municipality, based on this law, concerning activities that have impact on environment;

▪ “Environmental Impact Assessment” (“EIA”) is an assessment to determine the likely environmental consequences of construction or other development activity;

▪ “Strategic Environmental Assessment” (“SEA”) shall be the process of assessment of possible impacts of one policy, plan and program on environment;

▪ “Environmental disturbance” means the environment pollution where polluted mater exceeds norms designated by the law;

▪ “Emission” is the discharge of polluting matters of energy and noise by individual and diffusive on environment; ▪ “Environmental information” is any information in written, visual, oral, electronic or any other material on state of

the elements of environment, measures, reports, cost-benefit analyses and the state of human health; ▪ “Waste” is any object or substance which the owner shall dispose, have intentions for dispose or is obliged to

dispose;

LEAP Strategy


45

▪ “Hazardous waste” means toxic, corroding, irritant, blasting, flammable, cancer and radioactive waste, that have characteristics of environmental dissolution of the water, soil, and air, with negative consequences for human health and natural ecosystems too;

▪ “Hazardous matters” are chemicals or other matters with harmful or hazardous characteristics; ▪ “Pollution ” shall mean discharge of matters in solid, liquid and gas state, including vibration, radiation, warming,

lighting, noise or other forms of energy in environment having potential meaning for damaging of human health, living organisms, ecosystems or even environment in general;

▪ “Polluter” is natural of legal person who with his action or non action causes environmental pollution; ▪ “Ministry” is Ministry of Environment and Spatial Planning; ▪ “Natural resources” shall mean all natural components used by humans for economical aims. Natural resources

might be un-renewable (mineral substances) and renewable (biological goods, water, renewable soil); ▪ “Natural values” shall mean parts of natural deserve with certain protection because of their sensitivities or

scientific, esthetical, cultural, historical, educational and economical interest; ▪ “Sustainable use” shall mean using of natural resources, providing the fulfilment of recent needs, without hurting

needs of next generations for these resources; ▪ “Sustainable development” shall mean the harmonization of economic development and environment protection

for fulfilling of recent needs, without strengthening the possibilities for new generations to use these capacities and to fulfil their needs;

▪ “Sanitation “ is the process of undertaking measures in order to halt pollution and further degradation of environment up to the safe level for future use of the location including also arranging of the area revitalization and re cultivation thereof;

▪ “Recycling” shall mean processing of waste on primary process or for another dedication, including also biological recycling, without using of energy;

▪ “Fond for environmental protection” shall mean financial instrument for stimulation of protection and improving of environment in Kosovo;

▪ “Public” one or more juridical or physical entities, organization and their groups; ▪ “Mobile sources’ of pollution” shall mean every engine equipment that moves and cause pollution on

environment; ▪ “Status of endangered environment“ is environmental state where level of pollution is exceeded, designated by

measures , researches and assessment of indicators of state in the report to norms allowed due to certain acts; ▪ “Economical instruments” are instruments aiming to have effect on the changing of bringing of economical

subjects through the accounting of environmental expenditures for using of natural resource; ▪ “Environmental quality” is considered concentration of polluted matters in environment. ▪ “Polluters` cadastre” is group of data for the source of pollution, type, quantity, manner and place of unload, flow

or placement of harmful matters in environment, plants and equipment for environment protection as well as processes used for environmental protection, which shall be collected for period of calendar year.

Article 5 Responsible bodies for administration of environmental protection

1. Government

1.1. Government based on proposal from the Minister, after consultation with other interested Ministers, shall adopt sub-legal acts with the purpose: 1.1.1. to achieve objectives and full implementation of this law; 1.1.2. to apply principles according to Article 6; 1.1.3. to adapt the legal requests and procedures related to protection of environment and sustainable

development with European Union environmental acquis; 1.1.4. to do limits, prohibitions and other controls of direct or indirect emissions released by polluters and

waste of installation and projects in environment; 1.1.5. to determine methods, equipments, constructions and structures which should decrease emissions

from the asphalt basis, stone crusher plant, digging of stones or other activities of digging stones, petrol points and other similar activities;

1.1.6. to do limits, prohibitions for emission from machinery and equipments, for utilization or placement in market and for labelling requests;

LEAP Strategy


46

1.1.7. to do treatment and substance of contaminated soil-land according to technical standards of treatment as well as treatment methods and supervision;

1.1.8. to determine methods, equipments, constructions and structures which should decrease emissions from agriculture, livestock agricultural economy, fur farms, forestry and fish ponds;

1.1.9. to determine payment manner for environmental permit; 1.1.10. to decrease the substances which damage the of ozone layers; 1.1.11. to decrease the substances and activities, which effect on climate change; 1.1.12. to apply criteria and procedures for utilization of instruments for protection of the environment and

sustainable development, according to Article 7; 2. Minister:

2.1. shall promote sustainable development in Kosovo and in the region; 2.2. shall approve sub-legal acts, administrative directions, forms, procedures which are in his responsibility,

according to this law; 2.3. shall be involved to apply measures and environmental standards to stimulate sustainable utilization of

natural sources; 2.4. shall coordinate preparation and implementation of policies and environmental instruments with other

Ministries, Municipalities, private entities, professional and scientific organizations, non-governmental organizations and with citizens;

2.5. shall propose to the Government the adoption of price list for issuance of environmental licenses, according to the Article 31;

2.6. shall propose members of the Advisory Board for Protection of Environment in Government, which shall be approved by the Assembly of Republic of Kosovo;

2.7. shall determine criteria and procedure for issuing gratitude; 2.8. shall ensure fair usage of funds granted from international and local organizations according to the

Government policies in order to protect the environment. It also prepares application for co-finance of EU for projects of investments in environment and their implementation.

3. Municipalities 3.1. apply fully the principles of article 6; 3.2. cooperate with Ministry for preparation of plan, for protection of environment and sustainable development

within their territory according to this law; 3.3. enforce laws and inspect enforcement of the laws related to the protection of environment and sustainable

development within their territory; 3.4. prepare and provide information related to the protection of environment and sustainable development for

citizens; 3.5. the plan for protection of environment and sustainable development within municipality territory, shall be

approved by the respective Municipality Assembly

Article 6 Basic principles for environmental protection

1. Principle of sustainable development is the development, which fulfils recent and future needs without

strengthening or affect possibilities and capacities that also future generations should fulfilled their needs. 2. Principle of integration on environmental protection, public authorities shall cooperate and coordinate activities

among their self’s, for development and adoption of every measures, standards or activities aimed for environmental protection.

3. Principal of gradual harmonization with European Union standards Environmental protection shall be based on the gradual introduction of European Union standards with the aim of obliged creation of a healthy environment for man with the principle of using the most appropriate practices, accepted in the scientific community, for improving the Environment.

4. Principle of precaution and prevention , to the extent reasonable practicable, in light of the relative coast and expected environmental benefits an activity shall be planned and implemented in such a way as to prevent or limit adverse effects on the Environment and the potential risks to human health.

5. Principle of prevention shall be implemented trough Environmental Strategic Assessment, Environmental Impact Assessment and implementation of Integrated Prevention Pollution and Control.

LEAP Strategy


47

6. Lack of general technological knowledge’s may not be the reason for not taking of preventive measures on risk obstruction and environmental degradation, in sees cases of possible action on environment.

7. Principle “polluter pays”, the polluter shall pay charges for environmental pollution if it causes or may cause, by its activities, environmental loading, namely if he produces, utilizes or markets raw material, semi finished or final product containing dangerous materials for the environment.

8. Principle "user pays”, any person who utilizes natural values shall pay real cost for their utilization and re-cultivation of the area after his finishing of use activities.

9. Principle of responsible subsidiary, in the cases when responsible for pollution cannot be noticed than the rehabilitation costs and pollution decrease shall be under the responsibility of state institutions.

10. Principal of encourage measures - Government shall promote practices and activities aimed on prevention and reduction of pollution, through encourage measures and simulative too for legal and physical persons, which shall select the best technology and clean production.

11.Principle of Protection of the Right on Court – any physical and legal entity as well as the public, if they are suffering material damage or are under a serious threat of suffering material damage attributable to a particular activity or source of pollutions that is in violation of the present law or a subsidiary normative act issued pursuant to the present law, shall have the right to file a claim or request the competent court or public authority requiring the appropriate enforcement of the present law or such subsidiary normative act.

12. Principle of Public Access to Information: all natural and legal persons have rights to be informed on environmental state and participation on decision making process.

13. Principle of high level of protection; 14. Principle of consistency with European Union law; 15. Principle of prior measures; 16. Principle meaning that environmental damage should be regulated in the source; 17. Principle of expense coverage.

Article 7 Instruments for environmental protection

1. Environmental protection shall be regulated by

1.1. legal infrastructure; 1.2. documents for environmental protection; 1.3. economical instruments; 1.4. documents for environmental impact assessment; 1.5. instruments for monitoring of environment; 1.6. environmental protection management from natural and legal persons.

CHAPTER II USE AND PROTECTION OF NATURAL RESOURSES

Article 8

Use of natural resources 1. Natural resources management shall be carried out by preservation of their quality and biodiversity, in accordance

with the conditions and measures of environmental protection set out in this and in special laws. 2. Natural resources may be given on use in accordance with the conditions determined in this law and other specific

laws.

LEAP Strategy


48

Article 9 Protection of natural resources

1. Protection of natural resources shall be provided by institutions of Kosovo, pursuant to the laws of this field and

through: 1.1. implementing of environmental strategy, plans and programs; 1.2. implementing of standards, provisions and regulations and protection and use of natural resources; 1.3. Strategic Environmental assessment (SEA); 1.4. Environmental Impact Assessment (EIA); 1.5. Integrated Prevention Pollution and Control (IPPC); 1.6. keeping of cadastre for using of natural resources; 1.7. monitoring of usage of natural resources; 1.8. reduction of environmental disturbances; 1.9. rehabilitation and retrieval of environmental state on previous state in accordance with the project

2. Right on concession and procedures for use and utilization of natural resources are designated by certain law.

Article 10 Consent for Usage

1. No institution may issue the permit for using of natural resources without environmental consent related to

project contains protect measures and rehabilitation of environment. 2. The consent from paragraph 1 of this Article shall be issued by the Ministry.

Article 11 Users Duties

1. The legal and natural person who uses natural resources is obliged to plan and implement preventive measures for

environmental protection during the performance of work or activities and after they have been accomplished, to plan and implement measures by which shall prevent the environmental pollution.

2. Any person who degrades the environment is obliged to perform sanitation in accordance with this law and other specific laws.

3. The legal and natural person who uses natural resources is obliged regularly to inform Ministry regarding the performed activities. Such reports are open for public.

Article 12 Protected natural values

1. Protected natural values shall be used and advanced in the manner that enables their permanent preservation and

advancement in accordance with the law on nature protection. 2. The activities which threaten environmental capacity, natural balance, biodiversity, hydro graphic,

geomorphologic, geological, cultural and landscape values or which in any way degrade the quality and properties of the natural good shall not be allowed within protected natural values.

Article 13 Utilization of space

1. With urban and spatial plans shall be determined the construction areas on certain locations, depends form

acceptable capacity of pollution on environment and construction aim within certain locations, in cadre of this locations.

2. On protected areas, shall be allowed fulfilment of activities in accordance with the determined manner with certain provisions in accordance with environmental loading nature.

LEAP Strategy


49

Article 14 Public green areas

1. Public green areas in the settlements and places covered by spatial and urban plans shall be made and maintain in

a way which shall enable preservation and development of natural and man-made values. 2. If a public green area has been destroyed due to a facility construction, they must be made up under conditions

and in a way that has been determined by municipality.

Article 15 Protection of environmental contents

Protection and preservation of environmental contents: soil, water, air, forests, biodiversity and landscape shall be made separately and in close cooperation between them, on intercommunion and their integrity, whereas shall be regulated pursue to certain laws.

Article 16 Hazardous matters

1. Administration of hazardous matters, as well as planning, organizing and undertaking preventive and measures of rehabilitation shall be carried out under conditions and in a way that shall ensure reduction from risk of accident and provision of an adequate response to the accident, according by certain laws.

2. Legal or natural person who administers hazardous matters or applying technologies that are harmful towards the environment is obliged to undertake all the necessary protective and security measures by which the risk towards the environment and human health shall be reduced.

3. Legal or natural person who administers hazardous matters applying technology which is harmful towards the environment is obliged regularly inform Ministry for performed activities. Such reports are open for public.

Article 17 Waste management

Management of waste, shall be made according to the conditions and measures designated by specific laws.

Article 18 Protection against noise and vibration

The user of facilities that produce noise and vibration source may place on the market and may use facilities according to conditions foreseen for application of protected measures for reduction of noise and vibration, respectively using of plants, devices, machines, transport means and facilities that produce noise until the level foreseen with specific law.

Article 19 Protection from radiation

Protection from radiation shall be carried out through the application of measures system by which shall be prevented the risk to environment and human health from the effects of radiation generated in ionizing and non-ionizing sources and avoiding of consequences of emissions that emitted by radiation sources or may be emitted in accordance with specific law.

LEAP Strategy


50

CHAPTER III DOCUMENTS FOR ENVIRONMENTAL PROTECTION

Article 20

Environmental Protection Strategy 1. Strategy for environmental protection and sustainable development (hereinafter Strategy), shall be adopted by

Kosovo Assembly on proposal from Government. 2. The strategy includes objectives and aims of environmental protection in Kosovo, for a period time of ten (10)

years with possibility of review every two (2) years. 3. The Strategy shall contain:

3.1. describing of environmental state; 3.2. policies for natural resource utilization; 3.3. strategic priorities for natural resource utilization, including here the time and surface location, quality and

quantity; 3.4. rational utilization of natural resources, un-renewable and their replacement with renewable; 3.5. proposal of elementary conditions for ensure of environmental protection and its improvement; 3.6. long-term an d short-term measures for prevention, reduction and control of environmental protection; 3.7. conditions on implementing of better production, technical-technological ,and economical measures ,and

other measures regarding to environmental protection management and sustainable development 4. The Strategy shall be prepared by Ministry in cooperation with other Ministries, Kosovo scientific institutions, with

public and concerned parties. 5. Strategy before goes to government , it shall be made accessible to the public through the public media for at least

forty-five days in order to permit public expression of thoughts, comments suggestions and opinions that will be taken into a consideration in the time of draft final Strategy prepare.

6. The Ministry shall report to the Government and Assembly for realization of the Strategy for environment protection once a year.

Article 21 Kosovo Environmental Action Plan

1. Kosovo Environmental Action Plan shall be issued by the Government for a period of five (5) years with proposal of

the Ministry and shall be approved by the Assembly. 2. Kosovo Environmental Action Plan shall be issued for a period of eighteen (18) months after approval of the

Strategy. 3. Kosovo environmental action plan contain: state, measures, impact assessment on health population in case of

environmental risk, holders, ways, and dynamic and matters for their realization.

Article 22 1. Kosovo Environmental Action Plan shall be issued for:

1.1. protection of soil; 1.2. protection of the water; 1.3. protection of air and climate changes; 1.4. protection of forests; 1.5. protection of ecosystem, biodiversity, landscape and nature protection; 1.6. waste management; 1.7. chemicals management; 1.8. protection from ionizing and non ionizing radiation; 1.9. protection from ecological accidents; 1.10. protection from noise; 1.11. energy efficiency; 1.12. development of information system; 1.13. development and application of economical instruments, etc.

LEAP Strategy


51

2. Kosovo Environmental Action Plan contain: state, measures, impact assessment on health population in case of environmental risk holders, ways, period times and financial means for their realization.

Article 23 Sanitarian plans

1. The plan of rehabilitation shall be issued, in case when the level of pollution in particular location exceeds the

effects of taken measures, respectively when the capacity of environment is risked, or in case of long term risk of environment quality or its damage.

2. Rehabilitation plans, on the proposal of Ministry shall be issued by the Government when: 2.1. it is necessary to undertake quick intervene measures for extraordinary events; 2.2. environmental pollution risks the area that has particularly importance for Kosovo ,or causes harmful

consequences; 2.3. the responsible subject is out of Kosovo judicature; 2.4. the responsible subject is unknown.

3. In case when the allowed norms of emission, environmental quality and other degrading activities are exceeded as far as pollution of environment is concerned, the polluter is obliged to perform rehabilitation plan with his own expenses.

Article 24 Local Environmental Action Plan and Programs

1. Municipalities shall approve action plans and programs for environment, in accordance with Kosovo Environmental

Action plan and their specific interests. 2. The public, NGO, professional organizations and business community shall participate in the compilation of local

environmental plans and programs. 3. Municipalities are mandated to report to the Ministry on implementing of their municipality plans for

environment. 4. Two or more municipalities may compile joint action programs/plans, for environmental protection, on reducing of

negative effects in environment.

Article 25 Environmental state report

1. Government of Kosovo on proposal of Ministry shall provide once a year report to Kosovo Assembly regarding to

environmental state. 2. Report shall contain data on:

2.1. environmental state and change on environment, comparing to previous report; 2.2. environmental influence on the health of public; 2.3. environmental damage state; 2.4. implementing of Strategy, Plan of action and rehabilitation plan for environment; 2.5. undertake measures for natural protection, benefits from undertake measures and their effect on economical

development; 2.6. way of management of natural resources and environmental protection; 2.7. analyzes for institute function, authorities and other subjects of environmental protection; 2.8. financing of the system for environmental protection;

3. The report shall be published and made available to the public.

LEAP Strategy


52

CHAPTER IV MEASURES AND CONDITIONS FOR ENVIRONMNETAL PROTECTION

Article 26

Planning and Construction

1. Regularization of the space, using of natural resources established by spatial and urban plans and other plans is based on obligation on: 1.1. respecting of capacities of environmental pollution; 1.2. preserve and enhance natural resources at greatest possible extent so to be renewable, and if they are not

renewable, to use them rationally; 1.3. ensure protection and smooth realization of functions of protected natural values with their protected

environment and to preserve wild plant and animal species habitats and communities at greatest possible extent;

1.4. ensure preservation of built-up areas 1.5. ensure conditions for human relaxation and recreation; 1.6. establish measures of environmental protection; 1.7. presentation of existing state based on elements from sub-paragraphs 1.1, till 1.5. of this article and planned

status with measures needed for the fulfilment of those plans. 2. The Ministry or municipalities shall participate in the procedure of preparation of planning approval from

paragraph 1. of this Article in such a way established by law.

Article 27 Spatial planning

1. With spatial and urban plans shall be ensured measures and conditions of environmental protection and in

particular: 1.1. special criteria for preservation and use of the areas of protected natural values cultural heritages, water

springs, thermal and mineral springs, forests, agricultural land, public green areas, recreation areas; 1.2. environmental threatened areas, polluted areas, areas endangered with erosion and flooding, areas for

exploitation of natural resources etc. and measures fort these areas rehabilitation; 1.3. measures and conditions of environ-mental protecting, under which shall be used the determined space for

exploitation of natural resources respectively, where shall be constructed industrial and energetic plants, facilities for waste treatment and disposal, infrastructure and other facilities whose construction or utilization may threaten environment.

2. The conditions for measures from paragraph 1 of this article shall be issued by the Ministry, respectively the municipality with the request of responsible institutions for preparation and adoption of plans and based on the thoughts of competent professional organizations.

Article 28 Strategic Environmental Assessment

1. Government and Kosovo Municipalities should achieve a high environmental protection level and should

harmonize the environmental issues in preparation and approval of the plans and programs providing that the strategic environmental assessment is performed for plans and programs which may have marked impact in environment.

2. Strategic environmental assessment must be harmonized with other environmental impact assessments, as well as with the plans and programs for the protection of environment and shall be made in keeping with the procedure set out in a special law.

LEAP Strategy


53

Article 29 Environmental Impact Assessment

1. The environmental impact assessment of the project shall be done for the projects planned and realized in the

place, including changes in technology, reconstruction, and extension of facilities or interruption of operations, which may result in major environmental pollution or which constitute the risk to human health.

2. Environmental impact assessment shall cover the projects in industry, mining, energy, traffic, tourism, agriculture, forestry, water management and communal activities, and all the projects planned on the protected natural goods and in the protected environment values and on surrounding of cultural protected values.

3. Environmental impact assessment shall be an integral part of the technical documents; without it no project execution may start and it shall be realized in accordance with the procedure stipulated by special law.

Article 30 Integrated Pollution Prevention and Control

1. The running of plants and activities that may have negative impact on human health and environment shall require

an integrated license which shall secure the prevention and control on the environmental pollution. 2. Types of activities and facilities conditions and procedures of integrated license issue, supervision and other

important issues in integrated pollute prevention control shall be regulated by certain law.

Article 31 Environmental Permit

1. `Constructed facilities, installations and machinery that have been subject to Environmental Impact Assessment

cannot commence operations without an Environmental Permit from the Ministry. 2. An Environmental Permit for operation shall be issued for a five-year period and during the application procedure

and probation period for the technical approval, but not later than six month after starting of operations. 3. The Ministry, by legal act, shall prescribe the activities that are subject to an Environmental Permit, the application

form, the content of Environmental Permit, continuing of effectively and the registry of approved permits.

Article 32 Municipal environmental permit

1. For all activities and project not included on the articles 29, 30, 31 and 33 of this law which could cause

environmental devastation, shall be issue to the municipality environmental license that is constituent part of technical documentations.

2. Application for receiving of municipality environmental license will be done during the preparing process of the construction license. The application shall contain shortly report of impacts of activities and projects in environment in accordance with methodology of environmental impact assessment.

3. Municipal environmental license shall be issued by Municipality.

Article 33 Environmental authorization

1. For all activities and projects not included on articles 29, 30 and 31 of this law, no one shall be entitled to carry out

or undertake an activity that may cause environmental disturbances unless that activity has received an environmental authorization from the Ministry.

2. The Ministry with subsidiary legal act shall determine the list of activities that require environmental authorization, the application form, the application procedure and the content of environmental authorization.

LEAP Strategy


54

Article 34 Rehabilitation measures

1. When it can be concluded or proved that a person, enterprise or public authority caused environmental

disturbance by purpose or by negligence results with environmental devastations, is obliged to restore the damaging part on the conditions not possessing risk to environment and human health or rehabilitation common capacity, of damaged part.

2. If the legal or physical person, or public authority is engaged in on-going activities that were the cause of an excessive or critical environmental strain or ecological accident shall be required to introduce reasonable measures to ensure that such activities are conducted in the future in a manner that: 2.1. Reduces emissions and environmental qualities to levels within permissible limits; 2.2. Minimizes, in accordance with the law, the threat of an Ecological Accident.

3. A legal or natural person or public authority that is required to undertake measures under paragraph 1 or paragraph 2 of this article shall be required to develop and provide to the Ministry a plan outlining the measures that intends to take.

4. Ministry within thirty (30) days shall respond to the party. 5. If the ministry estimates that the foreseen measures from paragraph 1 and 2 of this article, in the tram of thirty

(30) days shall required from the legal or physical person, or public authority modifications of the plan. 6. If the legal or physical person or public authority may notice that the modifications proposed by the Ministry are

unreasonable or require measures that are more costly or otherwise in excess of what is needed to meet the requirements of paragraph 1 or paragraph 2, the concerned person, enterprise or public authority shall have the right to complain.

7. If the identity of a party responsible for Environmental Damage cannot be known, or in cases where a person or undertaking lacks sufficient financial means to rehabilitate the Environmental Damage, the Government shall be responsible if the Environmental Damage presents a clear and on-going danger to human health – to adopt and implement a reasonable cost-effective rehabilitation program.

8. In the case of identity part is discovered, to the Government shall be compensate for the expended amount on rehabilitation of the damage.

9. In cases when the program of rehabilitation includes also responsibilities of other minis-tries they also have right within thirty (30) days for giving of their approvals or proposals on written forms.

10. For the plan showed by the Ministry in term of fifteen (15) days to the public, shall have possibilities on approach and comments that shall be in considered.

11. Approved plan must be open for public.

CERTAIN MEASURE REGARDING THE ENVIRONMENTAL PROTECTION

Article 35 Intervention plans for cases Involving environmental accidents

1. The Government shall issue intervention plans and inform the Assembly for cases in which Environmental

Accidents, extraordinary risks to the Environment or risks to human health and life may occur. 2. Plan of intervene from the paragraph 1. of this article contains risk diversity, procedures and measures for

decreasing and elimination of direct consequences for environment, human health and life, subjects for applying of certain measures, responsibilities and competencies related to implementing and way of coordination of measures for intervention applied pursue to the law.

3. Intervene plans shall be prepared for equipment, mountings, producers of products that with their actions may cause environmental pollution.

4. Municipality is obliged on compiling of intervene plans for its territory. 5. Minister with special act shall determines contain of plans, procedures and measures of implementing, subjects of

certain implementing measures, types of equipments, mountings, and types of product processes pursue to paragraph 3.

LEAP Strategy


55

CONDITIONS FOR ENVIRONMENTAL PROTECTION

Article 36 Norms of emission and environmental quality

The Government with special acts shall determine the norms of emission and environmental quality, respectively limited values of emission and environmental quality of polluted matter and energy including also emissions from unmovable and movable resources on the air, soil and water.

Article 37 Limits due to the norm application

1. In order to set up the gradual standards for emission and environmental quality, which are stated in article 35. of

this law and preservation of natural values, the Government due to term may terminate the work of the existing factory and other activities in the particular area.

2. The time that Government decides for limitation is stated in paragraph 1 of this article, will be determined according to limits and determined values, as well as from the EU standards.

3. Government may for a while to suspense, partly or in general implementation of certain standards, confirming that this is in the interest of public for some polluters, which activities are in general interest.

4. Term which the Government shall suspend the implementation of standards from paragraph 1 of this article shall be determined with agreement.

Article 38 Public Alerts

1. The Ministry shall inform the public for introducing special measures in case of immediate threat or excess of

prescribed threshold values of pollution. 2. The Minister shall prescribe the criteria for approval of the act referred to in paragraph 1 of this Article. 3. Municipality in cooperation with Ministry stipulates the act introducing special measures in the case from

paragraph 1 of this Article if the pollution has been limited in its territory.

Article 39 Mandatory on notification and cooperation

1. Each person who is informed for environmental damage or ecological accident should announce environmental

Protection Inspectorate or other responsible authority. 2. Police and other public authorities during their activities receive information on ecological accident or another

environ-mental disorder, shall immediately notify Environmental Protection Inspectorate or another responsible authority.

Article 40 Notification of trans-boundary neighbour countries

1. When an intended project could directly influence the Environment outside Kosovo, the Ministry after consultation

with Government, shall inform and the respective countries and provide them documentation of the intended project, EIA report in accordance with international conventions.

2. Trans-boundary Countries that could be affected from the project may submit their opinions and comments, include public hearing. In case of taking decision opinion should be considered.

3. In case of ecological accidents that may affect directly on environment out of Kosovo territory, Ministry after consultation with Government shall inform the countries affected by environmental accident.

LEAP Strategy


56

Article 41 Status of Endangered Environment

1. The status of endangered environment and the regime for rehabilitation and remediation in an area of importance

for Kosovo shall be determined by the Government, after receiving opinion from certain institutions, and for the area of local relevance responsible is local self-governance unit.

2. The Government with normative act, designates criteria’s for determination of environmental liable status as well as determination of priorities for rehabilitation and improvement.

Article 42 Certificated systems for environmental management

1. Kosovo stimulates and support entities that implement certificated systems of management with environment ISO

9000, ISO 14001 and EMAS. 2. Legal and natural entities, that implements certificated managements of management with environment, compose

procedure facility on the EIA and environmental consent.

Article 43 Admonition on declaration Environmental labelling

1. Products for mass consumption can be granted with the environmental label, if the product, distribution,

consumption and final deposit of the product have less impact in the environment than similar products which respond to the rules in force.

2. Conditions and procedures for adoption and utilization of label shall be defined by special act, by the Ministry.

Article 44 Gratitude and Awards

1. Awards and gratitude for achievements in the field of Environmental Protection may be made for the following:

1.1. prevention of environmental pollution; 1.2. the best solution of production process in relation to environmental protection and using of energy - new

technology; 1.3. developed and research projects, on environmental protection; 1.4. contribution on developing programs of education for environmental protection; 1.5. contribution by individuals for improvement on environmental protection or for international cooperation on

environ-mental protection; 1.6. contribution of professional societies, NGO and others, on developing and improvement of environmental

protection. 2. The procedure, manner and conditions for the award of gratitude shall be prescribed by the Minister in a legal act.

MEASURES OF PROTECTION FROM HAZARDOUS MATTERS

Article 45 Production and placement on the market of substances damaging ozone layer

1. Production, import, export, transits and circulation of matters that harm ozone layer on the territory of Kosovo,

shall be regulated from Minister with special act. 2. Import and export of substances harmful to ozone layer shall be prohibited, namely the products which contain

such substances, as determined in the ratified international treaty from countries, namely to countries that are not the signatories of such an agreement.

LEAP Strategy


57

Article 46 Import, Export and Transit of Waste and hazardous wastes, controlled goods, radioactive matters, radioactive

waste and hazardous waste Import, export and transit of hazardous chemicals, controlled goods, radioactive and hazardous matters and hazardous wastes shall be regulated by special law.

Article 47 Obligation of persons during the operations with hazardous chemicals

1. Handling of hazardous chemicals in the production, use, transport, trade, processing, storage and disposal shall

proceed in such a way as to avoid threat to life and health of people, pollution of the environment, provide for and take protection measures and other measures determined by law.

2. Legal or natural entity producing, transporting, placing on the market, use, processing, storing or disposing hazardous material shall be obliged to: 2.1. make the plan for accident prevention and update or review the same every two (2) years, at least, in

compliance with the changes in the operations of the plant, applying technology or operations, including the check up readiness for its implementation;

2.2. implement preventive and other measures management of risk from accident from the plan of accident prevention;

2.3. make the report on safety state, which shall be available to public and, at least once in five (5) years, just like in case of changes in operation and activities of a plant, to review the report on safety state.

3. The entity from paragraph 2 of this Article shall keep the records about types and quantities of hazardous chemicals.

4. In case of malfunction in installations or devices for environmental protection due to which the exceed of emission limit values occurs, the entity from paragraph 2 of this Article is obliged to inform immediately about that, without any delay, the Ministry, Municipality and public.

Article 48 Proclamation of the State of Endangered Environment

1. In the case of ecological accidents, depending on its scope, within or outside the equipment and estimated

consequences, which may cause direct or deferred threat towards human health and environment, the state of endangerment of environment shall be proclaimed, and the public shall be informed of the measures taken.

2. For the ecological accidents with across boundary effects, the Government shall proclaim the state of the endangered environment and activities that should be undertaken.

Article 49 Sanitation Measures and Subsidiary Responsibility

1. To prevent further spread of pollution caused by an ecological accident, legal and private entity shall immediately

take rehabilitation measures planned for protection at its own cost. 2. In the cases when the responsible for pollution by environmental accident may not be verified than the

responsibility for rehabilitation will take central or local institution and undertake measures of rehabilitation according to protection plan with its expenditures.

3. If the polluter who is responsible for the ecological accident has been determined, the authority that paid the cost of elimination of the consequences of environmental pollution shall claim the reimbursement from identified polluter.

LEAP Strategy


58

CHAPTER V MONITORING AND INFORMATION ON ENVIRONMENT

Article 50

Environmental monitoring 1. The Ministry, within its respective competencies under the law, shall provide for continual control and monitoring

of the state of the environment in compliance with this and special laws and monitoring program. 2. Legal or natural entities that with their actions or activities may pollute environment within their responsibilities

designated by the law shall, ensure continuously control and monitoring of environmental state in accordance by the law and special acts and monitoring programme.

3. Municipalities within their responsibilities designated by the law may ensure continual control, following of environmental state in accordance with this law, certain laws and monitoring programmes.

4. Monitoring of environment is performed through systematic measurements, investigation and evaluation of state indicators, and measurements of Environment Pollution, which includes the measurement of natural factors, respectively changes of the state and characteristics of Environment, including here trans-boundary monitoring such as; air, water, soil, forests, biodiversity, flora and fauna, climatic elements, ozone layer, ionizing non ionizing radiation, noise, waste, early warning of the accidents, and evaluation of the scale of Environment Pollution, as well as obligation and responsibilities, which are taken from international agreements.

5. Gathered data from environmental state monitoring compose public information and shall be included on Environmental System of Environmental Protection.

6. With the Ministry proposal, Government determines the criteria for determination of the number and extension of measured places (sites), network of measured places, volume and speed of measurements, selection of occurrences which are conducted, methodology of work and indicators of Environment Pollution and their monitoring, terms and the way of data submission.

7. Environmental monitoring of Kosovo, according to paragraph (1) of this article shall be made by Ministry, legal or natural entities with their activities or their actions may pollute the environment and entities authorized by the polluter and Ministry.

8. Every concerned party shall have right on every time approach to the registers or evidences of Ministry contain information’s and recordings in accordance with the law.

9. Legal and natural persons that with their activities and actions may pollute environment shall ensure financial means for environmental monitoring.

Article 51 Emission Monitoring, Environmental quality and Data Registering

1. Any person, legal or natural that is engaged in an ongoing activity that has been determined for pollution

resources, is obliged that in accordance with the law, to ensure: 1.1. monitoring of emission and environmental quality on environment; 1.2. to carry on expenditures of emission and environmental quality parameters on impact area; 1.3. maintain records on environmental pollution that contains records on energy and used matters; 1.4. and other activities that have impact on environment, maintenance, types and level of pollution, hazardous

substances or hazardous wastes. 2. The records from paragraph 1. of this article, responsible authorities are obliged to submit to the Ministry. 3. The Government with legal acts, shall determine the type of emission, parameters for environmental quality and

other occurrence that are subject on pollution monitoring, measure of methodology, taking of samples, manner of evidence, term of delivering and saving of records.

LEAP Strategy


59

Article 52 System of Environmental Information

1. For more efficient identification, classification, processing, monitoring and record keeping of natural values and

environmental management in Kosovo an information system for environmental protection shall be established by Ministry System of Environmental Information ( hereinafter SEI).

2. SEI shall carry out gathering, classification, maintenance, presentation and distribution for numerical, descriptive and spatial databases on: 2.1. quality of the environmental media; 2.2. conduction of environmental state; 2.3. legal, administrative and organizational and strategic measures, 2.4. scientific-technological information about planning measures of pollution prevention; 2.5. exchange of information with other information systems etc.

3. The SEI shall provide access for other information systems and harmonization of all relevant information and data at national and international level.

4. The Ministry with sub-legal act shall prescribe the contents and the manner of maintenance of SEI, methodology, structure, common bases, categories and levels of data compilation, as well as the contents of information regulatory and obligatory released to public.

Article 53 Cadastre of polluters

1. For quality and quantity change on environment and undertaking of measures for environmental pollution shall be

kept cadastre of pollution for discharge on environment, discharge and transferring of polluters on environment, used water, energy and natural resources, in accordance with the law.

2. Data’s by the polluters cadastre shall be shown on the form provides identification of quantity discharge of emissions and environmental quality on environment, for every installing and polluter, allocation, and their place on the air, water and soil.

3. Cadastre of pollution shall be compiled in accordance to the regular report from physical and juridical entities, from certain authorities for gathering and producing of environmental records.

4. Cadastres of polluters shall be managed by the Ministry and is open for public. 5. Polluter is obliged that in its expenditures to submit to the Ministry foresees data on the way and term designated

by the law. 6. Way, content, terms and the way of fulfilment, body that shall administrate and the rules of use shall designate

Minister by special act

CHAPTER VI INFORMATION AND PUBLIC PARTICIPATION

Article 54

Access to Information 1. Ministry, Central Institutions, municipalities, authorized organizations and others shall be obliged to regularly,

timely and objectively inform the public on the environmental status, namely phenomena monitored in keeping with the monitoring of environmental quality and emission and warning measures or development of the pollution which may pose threat to human life and health, in compliance with law.

2. The public is entitled to access of statutory registers or records containing the information and data in compliance with law.

LEAP Strategy


60

Article 55 Giving of information according to the request

1. Respective institution provides to the applicant information concerning environmental protection, upon the

request, within thirty (30) days from the date of submitting the request. 2. If the information from paragraph 1 of this Article is voluminous or if their preparation would take a longer period

of time, the deadline shall be prolong on sixty (60) days of the date of submission. 3. The cost of the offered information from paragraph 1 of this Article shall be borne by the applicant. 4. The Minister with supplemental normative act shall prescribe the amount of costs and rules of public information

made from paragraph 3 of this Article, depending on the scope and character of the data

Article 56 Refusing of the request for providing of information

1. Request on information provides dealing with environmental pollution may be refused if Publishing of this

information may affect on: 1.1. confidentiality of the state authorities when stipulated by law; 1.2. international relations, national defence and public security; 1.3. work o Judiciary Bodies; 1.4. confidentiality of commercial and industrial data when these data are foreseen by law, except for information

on emissions endangering the environment; 1.5. intellectually property rights; 1.6. confidentiality of personal data or files when they are foreseen to be protected by law; 1.7. interests of the third parties in possession of information and not having the obligation to submit it,

respectively they have not agreed to publish it.

Article 57 Participation of Public in Decision-making process

1. Make decision authorities ensure the participation and active role of public during the take decision process on:

1.1. Strategic impact assessment; 1.2. Environmental Impact assessment; 1.3. Process of water license issuing and integrated license; 1.4. Issuing legislation, etc.

2. The public shall be informed by public medias of the procedure for decision-making and shall take part in the process by submitting opinion, comments and suggestions to the competent authority and shall be timely informed about the decision in accordance to the law.

Article 58 Limitation of Participation of Public in Decision-making process

The Government may, in order to protect the interests of national security and defence, limit participation of public in decision-making from Article 57 of this Law.

LEAP Strategy


61

CHAPTER VII ORAGANIZATIONS ON ENVIRONMNETAL MONITORING

Article 59

Kosovo Environmental Protection Agency 1. With the aim of monitoring the environmental qualities and attributes, the Ministry shall establish Kosovo

Environmental Protection Agency (hereinafter KEPA). 2. Organizational structure and other responsibilities of KEPA shall be defined with sub-legal act.

Article 60 KEPA Duties

1. Duties of KEPA are:

1.1. To provide proper information for administration, Government and Kosovo Assembly for the implementation of environmental protection policies;

1.2. To develop and coordinate unique system of information on environmental protection regarding to system for conduction of environmental state in Kosovo as well as collecting the records for environment;

1.3. To emplace and keep of referent centres with data base regarding to environmental monitoring (socioeconomic records, pressures on environment, state and quality of environment);

1.4. To develop procedures for elaboration of data gathered for environment and their evaluation (modelling, presentation and visualization);

1.5. To accomplish professional tasks – consulting during the designation of content, methodology and manner of conducting of environmental state;

1.6. To progress and compare the quality data for environment; 1.7. To compile reports for certain issues for environmental protection, such as region with increased

radioactivity, environmental quality, health and similar; 1.8. To compile report for certain fields as region with additional radioactivity, environmental quality, health and

similar; 1.9. To give advices for determination, keeping and following-up projects and programmes for environmental

protection; 1.10. To support administrative bodies on developing of new forms of policy for environmental protection and

monitoring the implementation of environmental protection plans and programmes; 1.11. To cooperate with European Environmental Agency – EEA, that is on composition of European Environment

Information and Observation network – EIONET; 1.12. To cooperate with institutions and other international organizations of European Union for environmental

protection; 1.13. To ensure approach on all information for environment in Kosovo according to the standards of EEA; 1.14. To utilise and interstate exchange of the environmental data shall be regulated by special law.

2. KEPA shall fulfil also other tasks designated by establishing act used for realization of activity of KEPA defined in paragraph 1 of this article.

Article 61 Other authorized organizations

1. Other research, scientific and publicly authorized organizations may do the conduction of environmental state, if

they meet the professional skills, equipment, space, accreditation, in conformity with certain standards and parameters.

2. The ministry is competent for issuing authorizations to such organizations. Such authorization shall be issued after obtaining the consent from other respective Ministries within which shall act scientific, research and public organizations.

3. The Ministry shall issue sub-legal act for conditions and other criteria in order to issue the authorization to organizations from paragraph 1of this article.

LEAP Strategy


62

Article 62 Environmental Protection Advisory Board

1. The Assembly of Kosovo shall establish an Environmental Protection Advisory Board (hereinafter the Board) to

advise the Assembly and Government on Environmental matters. 2. The Board shall consist of seven (7) members appointed by the Assembly. The members shall be comprised of

distinguished Environmental Protection experts and scientists. Members of the Board shall not be employed within the Ministry.

3. The Board shall be independent from any other authority. 4. The Board shall give opinions and suggestions to the Assembly and Government and inform public on the following

matters: 4.1. The state of environment and trends in the field of Environmental Protection; 4.2. The strategy and policy on Environmental Protection and its coordination with international trends; 4.3. The harmonization of economic development and Environmental Protection; 4.4. Laws regulating Environmental Protection; 4.5. The activities of the responsible ministries and the municipalities in the field of Environmental Protection; 4.6. Public initiatives and 4.7. Other functions prescribed by the law.

Article 63 Self-monitoring from polluters

1. Natural and legal entities, respectively the operators that present the source of emission and pollution of the

environment, in compliance with law, via competent authority, organization or authorized organization, are obliged to: 1.1. perform the emission and environmental quality monitoring; 1.2. monitor other impacts of their activity towards the environment;

2. The polluter with self equipment performs monitoring of emission and environmental quality and follows up the impact of its activities in environment.

Article 64 Data Submission

Other Ministries, organizations, municipalities, and authorized organizations and polluters are obliged to submit the data on monitoring from articles 50 and 63 of this law to the Ministry in a way prescribed by regulations.

CHAPTER VIII LIABILITIES AND RESPONSIBILITIES FOR ENVIRONMENTAL POLLUTION

Article 65

Liabilities of legal and physical Entities 1. Natural and legal entities shall be obliged to ensure environmental protection while performing their activity,

through: 1.1. Implementation of provisions on environmental protection; 1.2. Rational use of natural resources and energy; 1.3. Applying of efficient technologies; 1.4. Use of renewable natural resources; 1.5. Using products, processes, technologies and practice less harmful to the environment; 1.6. Undertaking preventive measures or eliminating the consequences of threat and damage to the

environment; 1.7. Keeping records in a prescribed way by the law;

LEAP Strategy


63

1.8. Controlling the activities and operation of plants that may represent risk or that may cause danger towards human health and environment;

1.9. Use of methods for analyzing of life cycle products; 1.10. Other measures in compliance with law.

2. Natural and legal entities shall implement measures of environmental protection from paragraph 1 of this Article on their own or via authorized organization.

Article 66 Responsibility for Environmental Pollution

1. Polluter causing environmental pollution shall be responsible for the damage causing and shall be responsible for

evaluation and elimination of the damage. 2. Legal and natural entity that through their illegal or inadequate acting has enabled or allowed environmental

pollution shall also be responsible.

Article 67 Exclusion from responsibility

1. Responsibility for the caused damage may be excluded if the polluter evidences that adequate measures have

been applied for the prevention and damage decrease, in case of: 1.1. When the damage is caused by third person; 1.2. When the damage is caused by major force; 1.3. When the damage is caused as consequence of armed conflict.

Article 68

Polluters’ Obligation 1. Polluter causing environmental pollution by its acting or non-acting shall be obliged, to undertake foreseen

measures based on the plan of prevention from the ecological accidents sanitation plan and rehabilitation plan. 2. If the occurred damage cannot be eased (rehabilitated) through adequate measures, then the entity that caused

the damage is responsible for compensation in the amount of the damaged values.

Article 69 Responsibility for damage

1. Polluter is responsible for the damage caused in environment and space and he will be responsible for all the

expenditures for damage assessment and its avoidance, especially: 1.1. expenditures of urgent intervene undertakes in the moment of damage caused, responsible for limitation and

prevention of harm effects for environment and human health; 1.2. for expenditures of rehabilitation, creation of new state or retrieval on previous state of environment, as well

as monitoring of rehabilitation effects and damages caused on environment; 1.3. of legal and natural entities, threatened in direct way through environmental damage.

2. Pollutant is obliged to submit financial guarantee or any their type of guarantee, ensuring the reimbursement of expenditures mentioned in the first paragraph of this article, during and after finishing of activities.

3. Government, with supplementary normative act shall determine type of guarantee mentioned in paragraph 2 of this article as well as the cost of the means, duration, submitted by polluter.

LEAP Strategy


64

Article 70 Insurance obligations

Any legal or natural person, with its activity show the huge level of risk for human health and environment, shall be ensured from responsibilities in case of damages caused to the third party.

Article 71 Reimbursement of Damage

1. Every person affected by damage shall have right to reimbursement. 2. The request for reimbursement may be submitted directly to the polluter or insurer, namely to the financial

guarantee of the polluter where the accident happened, if such insurer, namely financial guarantee exists. 3. If several polluters are responsible for the environmental damage, and if it is not possible to determine share of

certain polluters, the costs shall be borne jointly and individually. 4. The procedure for initiation of the compensation of the damage shall be out-of-date in three years period since

the damaged party found out about the damage and damage maker. However, this claim shall be out-of-date in thirty (30) years after the occurrence of the damage.

Article 72 For the responsibilities regarding to damage to the environment, which hasn’t been particularly regulated by this law, general rules of the law on obligations shall be applied.

CHAPTER IX FINANCING OF ENVIRONMENTAL PROTECTION

Article 73

1. Government or municipalities within their competencies shall provide for funds and realization of the

environmental protection objectives. 2. Government with special act shall designate rules, criteria and procedures for implementation of economical

instruments.

Article 74 Compensation for Use of Natural Resources

1. The user of the natural resources shall pay a charge for the utilization of natural resources and shall be responsible

for the cost of sanitation, rehabilitation and re-cultivation of degraded area, in compliance with special law. 2. Financial means realised from paragraph 1 of this article, shall be sent to particular Found for Environmental

Protection, that will be used on the way designated with special acts

Article 75 Environmental Pollution Compensation

1. The polluter is obliged to pay a charge for environmental pollution. 2. The criteria for determination of the charge from paragraph 1 of this article shall be:

2.1. Type, quantity or characteristics of the emission from certain sources; 2.2. Type, quantity or characteristics of the emissions of produced or disposed waste; 2.3. Contents of matters, which are harmful to the environment within the raw material, semi product and final

product.

LEAP Strategy


65

3. The Government with supplement normative act shall determine the type of pollution, the criteria for compensation calculation and obligors to pay, the amount and method of calculation, assessment and collection of charges.

4. The funds realized from paragraph 1 of this Article shall be used for policy apply of protection and improvement according to the programme, respectively pursue to: 4.1. Strategy for environmental protection; 4.2. Environmental action plans; 4.3. Sanitation plans; 4.4. Rehabilitation plans; and 4.5. Plans for re cultivation of degradation areas in accordance to the law.

Article 76 Compensations determined by municipality

1. Exceptionally, municipality with the status of endangered environment may impose a charge for the protection

and enhancement of environment for every legal and private entity that with own action pollute or may pollute environment.

2. Government with decision shall approve or refuse municipality request for designation of compensation from paragraph 1.of this article way of payment, as well as facilitation for each person legal and private, that with its activity pollute or may pollute environment.

Article 77 Found for Environmental Protection

1. In order to provide financial means to enhance and advance environment protection in Kosovo, the Fund for

Environmental Protection shall be established. 2. Ministry with special law shall regulate competencies, administration, financial resources and means used from

Environmental protection Found.

Article 78 Financial means utilization

Means dedicated from budget and international financial institutions for environmental protection shall be used through Environmental Protection Found.

Article 79 Economical stimulation means

1. For the private and legal entities applying clean technologies, produce and place on the market the products and

goods environmentally friendlier than others, namely use renewable energy sources (water, sun, wind biogas, etc.) plants and equipment directly protecting the environment, may have taxation, customs and other relief or exemption provided under the terms and conditions of special law.

2. For the consumers who return used and non used devices and parts thereof, products or their wrappings in an organized manner, the producers who provide for their recycling or elimination, namely reduction of negative impact of their activity on the environment in another organized manner, may get special incentives such as subsidies, deposit and refunds.

3. Conditions and the way of stimulation from paragraph 1 and 2 of this article on the proposal of ministry shall approve the Government by special act.

LEAP Strategy


66

CHAPTER X SUPERVISION

Article 80

Administrative supervision Administrative supervision for implementing of provisions of this law and sub-legal acts issued from this law shall be done by Minister.

Article 81 Inspective supervision

1. Inspective supervision on implementing of this law and other acts issued from this law, conditions and methods of

activities of supervised entities and environmental protection measures designated by this law shall be made by environmental Protection Inspectorate.

2. Inspective supervision for Municipality Environmental License shall be made by municipality environmental inspector.

3. Ministry with certain authorisation may authorise the municipality inspector for fulfilling of other duties. 4. Inspection activities may fulfil also other officer for environmental protection authorized by Ministry, respectively

municipality.

Article 82 1. During the inspection and activities of persons, inspector from the responsible person may request:

1.1. fulfilling of inspective supervision in all work places, equipments and devices and in open areas of supervision entities

1.2. offering of all records and necessary documentation for inspective supervision; 1.3. informing for undertake measures related to elimination of conclusion lacks.

2. Legal and natural entities, actions and activities to whom shall be subject of supervision, are obliged to enable implementing of inspective supervision for the inspector, offering of documents, data and all the necessary records .

Article 83 1. During the implementing of inspective supervision inspector of environmental protection shall fulfil inspective

supervision especially for: 1.1. Implementing of standards of qualities for component parts of environment; 1.2. Implementing of technical standards of environmental protection; 1.3. Implementing of environmental monitoring state; 1.4. Implementing of emission and environmental quality measurements and keeping of evidence for it; 1.5. Implementing of environmental protection measures designated by environ-mental protection program; 1.6. Implementing of environmental protection measures designated by intervene plan; 1.7. Implementing of conditions designated with consents, authorizing and issuing license pursue to the law; 1.8. Implementing of sanitation plan, rehabilitation and intervention as well as follow and its development; 1.9. Way and conditions of activities, technical preparedness of registered persons or authorized for

accomplishing of environmental protection activities; 1.10. Way of leading of pollution cadastre and environmental evidences; 1.11. Utilization of means dedicated for undertake measures on environmental protection; 1.12. Implementing of international acts from the field of environmental protection; 1.13. Fulfil other duties designated by the law.

Article 84

LEAP Strategy


67

Inspector is obliged to compile the report on inspective supervision, concluded state, measures and undertaken activities respectively ordered. One copy of the report shall submit to entity to whom was made inspective supervision.

Article 85 1. With written decision on inspective supervision, inspector shall order the legal or physical person:

1.1. in designated term to avoid lacks and disorders on action and activities of entity, because of which has came or may come to environmental pollution;

1.2. temporary prohibition of actions or activities on production process, utilization of equipments, means and devices by whom came or may come considerable environmental pollution,

1.3. prohibition of activities on production process, utilization of equipment, means and devices, whereof comes or may come to larger environmental pollution, while lacks and disorders on activities shall not be eliminated.

1.4. prohibition of actions if they are on contrary with measures designated from environmental impact assessment until disorders are avoided.

1.5. stopping of actions if they are not fulfilled in accordance with giving conditions; 1.6. to prohibit activities of juridical entity, not registered for fulfilling of professional activities for environmental

protection. 2. If the person does not apply measures ordered from sub-paragraph 1.1.paragraph 1. of this article, inspector

undertakes measures in certain term through persons in charge of pollute causer 3. For verified facts on the inspection procedure, respectively for undertaking measures, inspector is obliged to

inform complainant. 4. With the aim of providing the implementation of prohibitions and breaks designated by other provisions,

environmental protection inspector has the right and is obliged: 4.1. without any delay to bring denunciation to the competent authority for penalty action; 4.2. to propose to competent authority moving from register of activity for whom is verified that the person does

not fulfil the conditions foreseen by the law; 4.3. to undertake and fulfil their activities that is authorized.

Article 86 Obligations of inspectors for cooperation

In the cases when inspector during the inspective supervision verifies that besides breaking of the provisions of this law and other acts issued based on this law, have been broken also other provisions of other laws with importance for environmental protection, is obliged besides of taking measures that is authorized to inform also other competent body in a way that to accomplish together the inspective supervision and undertaking of measures foresees by the law.

Article 87 Plaint procedures

1. Inspector, in case of undertaking measures for orders and stoppage, issues decision. 2. On the plaint against the decision to municipal competent authority, shall decide the Ministry. 3. On the plaint against the decision of environmental inspector on central level shall decide the Ministry. 4. Against the Ministry decision shall be initiated the administrative contest on Competent Court. 5. In case of elimination of direct risks for environment, life and human health, the performed plaint against the

inspector decision shall not delay the execution.

LEAP Strategy


68

Article 88 1. To prevent the demonstration of environmental unavoidable damage, respectively undertaking urgent measures

or avoiding environmental risk, human health and biological and landscape diversity, the inspector may undertake verbal decision during the supervision activity.

2. Inspector may announce verbally decision in the case when it is needed to avoid direct risks to environment human health and biological biodiversity.

3. The verbal decision should be written into the minute and delivered to party on written form within eight (8) days.

Article 89 1. The Inspector shall keep the minute for accomplished inspections. 2. The form, contain and manner of leading the minute from paragraph 1. of this article shall designate the Ministry. 3. Inspectorate shall prepare annual report over its activity provided it to the Ministry and propose measures to be

undertaken on improvement of environmental state.

Article 90 1. Inspectors shall be legitimated with their identity cards. 2. The form, contents and manner for issuing of identity card will be determined by special act of the Ministry.

Article 91 The task of Inspectors may carry out the person with professional superior degree and at least 3 years of work experience on inspections.

CHAPTER XI PUNISHMENT PROVISIONS

Article 92

In cases when the braking of provisions of this law make up penalty action according to the Kosovo Penal Code, Environmental Inspectorate through Ministries shall submit the subject to the prosecution.

Article 93 Violations

1. With fine on money from ten thousand (10.000) to fifty thousand (50.000) Euro shall be punished for violations the

legal entity, if: 1.1. Use natural resources and goods without the Ministry consent (Article 10, paragraph 2 of this law); 1.2. During the use of natural resources and after performance of activities, and after their termination it fails to

implement measures preventing the risk to environment (article 11, paragraph 1 of this law); 1.3. Does not carry out sanitation and re-cultivation or in some other way do not rehabilitate the degraded

environment (Article11. paragraph 2 of this law); 1.4. Develops activities on nature whereby degrades natural values (article 12. Paragraph 2 of this law); 1.5. During the managing with hazardous matters does not undertakes all the necessary protect and insurance

measures (Article16, paragraph 2 of this law); 1.6. In case of exceeding of limited norm values of emission and environmental quality and other activities does

not realize sanitation plan (article 23 . paragraph 3 of this law); 1.7. Does not convert damaging part of environment on the un risk state (article 34. paragraph 1 of this law);

LEAP Strategy


69

1.8. Does not provide to the Ministry plan for measures that shall be undertaken (article 34, paragraph 3 of this law);

1.9. Imports and exports matters that damaging ozone layer (article 45. paragraph 2 of this law); 1.10. Does not act in accordance with provisions of article 47 of this law; 1.11. Does not undertakes measures of rehabilitation according to plan protection in case of ecological accident

(article 49.paragraph 1 of this law); 1.12. Does not make monitoring of environmental state in accordance with this law (article 50 paragraph 2 of this

law); 1.13. Does not act according to the provisions of article 51, paragraphs 1 and 2, of this law; 1.14. Does not act according to the provisions of article 63, paragraph 1, of this law); 1.15. Does not undertake foresees measures by the plan for protection from ecological accident (Article 68.

paragraph 1 of this law); 1.16. Does not carry out expenditures for damage assessment and its avoiding (article 69, paragraph 1 and 2 of this

law); 1.17. Shall be not ensured from responsibilities in case of damaging caused by third party (article 70 of this law); 1.18. Does not pay any of compensation for environmental pollution (article 75 paragraph 1 of this law).

2. With fine on money from one thousand (1000) to three thousand (3000) Euros, shall be punished for violation from paragraph 1 of this article the responsible person of legal entity.

Article 94 1. With fine on money from one thousand (1.000) to five thousand (5.000) for violation shall be punished the legal

entity if: 1.1. does not provide environmental integrated license (article 30.paragraph 1 of this law); 1.2. produces matters that harm ozone layer (article 45 paragraph 1 and 2 of this law); 1.3. imports and exports matters , products and equipments, that harm ozone layer, respectively, products that

contain this matters, outlined on list of Protocol of Montreal (article 45.paragraph 2 of this law); 1.4. utilize the EMAS sign, certificated systems of environmental management ISO 9000, ISO 14001 without being

registered pursue to the law (Article 42 of this law); 1.5. use of environmental label contrary to the provisions of Article 43 of this law; 1.6. does not provide to the Ministry data’s pursue to article 53, paragraph 6 of this law; 1.7. carry out environmental monitoring without ministry authorization (article 61. paragraph 1 and 3.of this law); 1.8. does not enable implementing of inspection supervision, does not provide information and other necessary

records (article 83, sub-paragraph 1.1. and 1.2. of this law); 1.9. on designation term from inspector does not undertakes necessary measures concerning of concluded

avoidance (Article 83 paragraph 1 sub-paragraph 1.3.of this law). 2. With fine on money from three hundred (300) to one thousand (1.000) Euro shall be punished for violation from

paragraph 1 of this Article as well the responsible person of legal entity. 3. With fine on money from five hundred (500) to one thousand (1.000) Euro shall be punished for violation from

paragraph 1. of this Article the natural person too.

Article 95 1. With fine on money from five hundred (500) to one thousand (1.000) Euro shall be punished for violation the

responsible person of state body, if: 1.1. Issues permit for using of natural resources without Ministry approval (Article 10 paragraph 2); 1.2. Issues urban and spatial planning contrary to the provisions of article 27 of this law; 1.3. Registers juridical and natural person on EMAS system in contrary to the provisions of article 42 of this law; 1.4. does not inform public in case of direct risk danger or in case of allowing norm exceeds of environmental

pollution according to the provisions of article 38 of this law.

CHAPTER XI

LEAP Strategy


70

FINAL PROVISIONS

Article 96 Government and Ministry within two years from the day of entry into force of this law should issue certain acts for which are authorized with this law.

Article 97 Legal and natural persons are obliged to harmonize their activities within two (2) years from the day when this law enters into force.

Article 98 The provisions of the law and other regulations for management of natural resources, planning and constructing, and which are contrary to this law shall not be applied.

Article 99 Until the day of issuing of other acts from the articles 96 and 97 of this law, shall be applied the enforced provisions if they are not in contrary with provisions of this law.

Article 100 On the day when this Law enters into force, the following shall not be in force, Law on Environmental Protection (Regulation. 2003/9); and Administrative Instruction (No.2/2004) to establish inspection for Environmental Protection.

Article 101 This law shall enter into force (15) days after publishing it to the Official Gazette of the Republic of Kosovo. Law No. 03/L-025 26 February 2009 President of the Assembly of the Republic of Kosovo ___________________________ Jakup KRASNIQI

LEAP Strategy


71

A.2 WORKSHOP MATERIALS

LEAP Strategy


72

LEAP Strategy


73

LEAP Strategy


74

LEAP Strategy


75

LEAP Strategy


76

LEAP Strategy


77

LEAP Strategy


78

LEAP Strategy


79

LEAP Strategy


80

LEAP Strategy


81

LEAP Strategy


82

LEAP Strategy


83

LEAP Strategy


84

LEAP Strategy


85

LEAP Strategy


86

LEAP Strategy


87

LEAP Strategy


88

LEAP Strategy


89

LEAP Strategy


90

LEAP Strategy


91

LEAP Strategy


92

LEAP Strategy


93

LEAP Strategy


94

LEAP Strategy


95

LEAP Strategy


96

LEAP Strategy


97

LEAP Strategy


98

LEAP Strategy


99

LEAP Strategy


100

LEAP Strategy


101

LEAP Strategy


102

A.3 RELEVANT MANUAL AND GUIDELINES

A.3.1 Trainers’ Handbook: Implementing LEAPs in Central and Eastern Europe

LEAP Strategy


103

LEAP Strategy


104

A.3.2 Manual for Developing Skills of NGOs in the Preparation of LEAPs

LEAP Strategy


105

LEAP Strategy


106

A.3.3 Guide to Implementing LEAPs in Central and Eastern Europe

LEAP Strategy


107

LEAP Strategy


108

LEAP Strategy


109

LEAP Strategy


110

LEAP Strategy


111

The project is funded by the Swedish International Development Agency and managed by the Swedish Embassy in Kosovo Address: Str. Perandori Justinian, No. 111, Pejton – 10000 Pristina Tel.:+381-(0)38-245795 Fax:+381-(0)38-245791

A project implemented by FCG Sweden (Lead Company) in Consortium with EPTISA Servicios de Ingenieria (Parther) Address: Dalagatan 7 – 11123 Stockolm (Sweden) Tel.: +46-(0)8-4067627 / Fax: +46-(0)8-210269

The Sida Framework Environmental Programme For Kosovo

C5 A5.01

D5.01.03

REPUB LIC OF KOSOVO

Ministry of Environment and Spatial Planning

Inter Ministerial Water Council