State of compliance

  • Environmental Impact Assessment Directive

    Environmental Impact Assessment / Strategic Environmental Assessment Directive

    With regard to the transposition of the provisions of the new Environmental Impact Assessment Directive 2011/92/EU, as amended by Directive 2014/52/EU, concept documents identifying the gaps between the existing Environmental Impact Assessment Law and the novel provisions introduced by Directive 2014/52/EU were adopted in 2018 and in 2019. The work of an inter-ministerial working group, established to draft the new Law, is ongoing. The approval of the environmental impact assessment for the Kosova e Re power plant was issued in December 2018. The Secretariat, however, received a complaint that it was carried out not in compliance with the Directive’s provisions. The assessment of this complaint is currently underway.

    The provisions of Directive 2001/42/EC are transposed by the Law on Strategic Environmental Assessment. The Ministry of Environment and Spatial Planning, in its legislative plan for 2019, plans to amend the Law in order to improve certain administrative procedures. The preparation of a concept document for this amendment is ongoing.

    The use of both environmental assessments in the energy sector needs further improvement. An increased uptake of public participation and quality control of the environmental reports are needed. Despite the Secretariat’s repeated calls in the past years, there is still a lack of specialized institutional structures as well as administrative capacities able to deliver expert opinions on environmental reports.

  • Sulphur in Fuels Directive

    Sulphur in Fuels Directive

    Kosovo* has no refineries and consequently no domestic production of heavy fuel oil and gas oil. The relevant administrative instruction regulates the sector since 2017. Customs authorities as well as the Market Inspectorate in cooperation with authorised inspection bodies carry out the quality control of the petroleum products falling under the scope of the Directive. In 2019, an Administrative Instruction on the technical requirements for import, storage, wholesale, and retail sale of petroleum fuels and cleaning of tanks was adopted.

    The provisions on marine fuels do not apply to this Contracting Party.

  • Large Combustion Plants Directive

    Large Combustion Plants / Industrial Emissions Directive

    The National Emission Reduction Plan (NERP) was adopted by the Government of Kosovo* in May 2018, taking the Secretariat’s comments into account.

    The currently applicable legal framework still fails to comply with the provisions of the Large Combustion Plants and Industrial Emissions Directives. In order to address this shortcoming, the Secretariat initiated dispute settlement procedures (Case ECS-06/18) against Kosovo* in June 2018 and referred the case to the Ministerial Council in May 2019. The work on the needed amendments to the Administrative Instruction on emission limit values from large combustion plants as well as the Law on Industrial Emissions is underway.

    The Kosova e Re thermal power plant, planned to be put into operation until 2023, falls under the scope of the Industrial Emissions Directive and has to meet the thresholds stipulated therein for new plants.

  • Wild Birds Directive

    Wild Birds Directive

    The Law on Nature Protection, adopted in 2010, defines special protective areas and requires their designation in compliance with the Wild Birds Directive. During the past year, Kosovo* declared the Pashtrik Mountain and Vermica Lake area a Natural Park, with a total surface area of 5.762.57 hectares. Furthermore, the Red Book on Fauna is under preparation and is expected to be finalised by the end of 2019.