Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
The transposition of Directive 2014/52/EU is not yet finalised. Adoption of new legislation should be supplemented with administrative capacity building and financial support. Environmental assessments in the energy sector need further improvement by ensuring early and effective opportunities for public participation and systematic quality control
of environmental reports.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
The legal framework in this area complies with the provisions of the Directive. The competent authorities have to ensure that quality control of the fuels falling under its scope is carried out in a compliant manner.
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
New legislation on the limit values for emissions of air pollutants from stationary sources that should incorporate the provisions of the Large Combustion Plants and Industrial Emissions Directives is prepared but not adopted yet. Any final decision on existing or new large combustion plants should be postponed until the relevant legislation is adopted.
Kosovo* published the national Red Book of Fauna and drafted new legislation on the designation of new protected areas. An Administrative Instruction on protected and strictly protected wild species was developed and is currently under adoption. Further designation of protected areas and successful implementation of effective conservation measures for rare and endangered species should be a priority.
State of compliance
The legal framework for environmental assessments remains not fully compliant. Due to the Covid-19 situation, the necessary amendments to the Environmental Impact Assessment Law to comply with the provisions of Directive 2014/52/EU, in particular, provisions related to up-date list of Annex I and Annex II projects, quality control of EIA report, type of decisions and their content (new Article 8a), legally binding timeframes, penalties and conflict of interest, were postponed to 2021. With regard to the Strategic Environmental Assessment Directive, a revision of the existing legislation is underway.
Proper implementation of environmental assessments in relation to energy projects, quality control over environmental reports as well as securing early and effective opportunities for public participation remain a challenge. During the reporting period, the Secretariat received a complaint concerning hydropower developments on the Lumbardhi river. The Government should ensure that a strategic environmental assessment for the foreseen National Energy and Climate Plan is conducted as early as possible in the process of the preparation of the document.
Existing legislation in Kosovo* on the sulphur content of liquid fuels, including the administrative instruction on the technical requirements for import, storage, wholesale and retail sale of petroleum fuels are in line with the provisions of the Directive. Provisions on marine fuels do not apply to this Contracting Party. Kosovo* is under dispute settlement procedures since 2018 for the incomplete transposition of the Large Combustion Plants and Industrial Emissions Directives, with the Ministerial Council confirming this breach in 2019. In order to rectify this infringement, the Kosovo* authorities developed amendments to the currently applicable legislation. Kosovo* complied with its emissions reporting obligations for the reporting year 2019. Emissions from large combustion plants show non-compliance with the ceilings for all three pollutants (sulphur dioxide, nitrogen oxides and dust).
Kosovo* is neither a signatory to the Ramsar Convention on Wetlands of International Importance, nor to the Bern Convention on European Wild Life and Natural Habitats. New secondary legislation on the designation of protected areas and natural reserves (strictly protected areas) is being prepared and expected to be adopted by the end of 2020. The national Red Book of Fauna was also published during this reporting period. The Red Book should contribute to planning and successful implementation of activities for the conservation of rare and endangered species and to the assessment of energy-related infrastructure projectsthat might have an impact on the identified species.