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Third BERCEN Plenary Meeting Brussels, 16-17 December 2004 Agenda item 13

Key achievements in environmental enforcement and compliance - discussion on the

selected issue/problem

BOSNIA AND HERZEGOVINA

MLADEN RUDEŽ

Federal Ministry of Physical Planning and Environment

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Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (1) (1)

Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (1) (1)

1) Environmental Legislation - ongoing activities: a) In the both of B&H Entities draw up secondary legislation according to provisions of the set new environmental laws (more of 50 regulations/by-laws, strategies, programmes or/ and plans). Until to the end of 2004 expeckt drafting and/or publishing: 24 by - laws concerning air, water, waste, nature and environmennt protection issues:

• 6 Regulations of Law on Environmental Protection

• 7 Regulations of Law on Air Protection

• 4 Regulations of Law on Water Protection

• 5 Regulations of Law on Waste Management

• 2 Regulations of Law on Nature Protection

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Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (2) (2)

Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (2) (2)

b) New Law on Environmental Protection and its regulations prepared in accordance with the most important EU directives in this field, including:

- IPPC Directive on Integrated Pollution Prevention and Control;

- Seveso II Directive on prevention of Larger Accidents;

- EIA Directive on Environmental Impact Assessment of Large Industrial and Infrastructure Projects.The new Law on Environmental Protection integrated provide a framework for environmental protection and environmental permitting. Under provisions of this law, the mentioned by-laws has developed necessary to make integrated pollution prevention and control operative and effective.

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Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (3) (3)

Key achievements - Reform and Reform and development of development of evironmental evironmental legal and policy frameworklegal and policy framework (3) (3)

2) Also, ongoing activities at the level of Bosnia and Herzegovina:

- Preparation of the Framework Environmental Law – “roof law” and Feasibility study as legal the base of EPA B&H

- Drafting: “By-law on Ozone Deplited Supstances/ODS for B&H”- Implementation of B&H Development Strategy – PRSP (2004 to

2007) Part – Anex VII, Sectors Priority: Environment

3) ESC adopition and approwal: - “Recommendation for Minimum of Join Criteria for Environmental

Inspection in B&H” / included in draft of Regulation on Environmental Inspection Activities, contents of Inspection Programme and Reporting /

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Key achievements - Environmental regulatory enforcement and compliance (1)

Key achievements - Environmental regulatory enforcement and compliance (1)

1) Environmental permitting - Control of activities or installations by:

• Specific obligations and requirements for these activities or installations

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

of Pollution• Monitoring• Regular inspection• Remedial measures against pollution

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Key achievements - Environmental regulatory enforcement and compliance (2)

Key achievements - Environmental regulatory enforcement and compliance (2)

2) B&H Environmental Inspection in the practiceAccording to the mentioned principles and provisions of Environmental Protection Law and its Regulation has implemmented control of activities and instalation of polluters which could endanger the environment or which have or might have adverse impacts on the environment:– In Federation B&H:

Federal and Cantonal Environmental Inspection carried out: 10 and 496 inspection on the site – In Republic Srpska:

Republic and municipality-Environmental inspection carried out: 44 and 749 inspection on the site

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InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs (1)Environmental Needs (1)

InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs (1)Environmental Needs (1)

1) EU/EC Programmes:

– PHARE / CARDS Programme

– Pact Stability/REReP

– LIFE TCY

2) World Bank/IDA/IFC – WB Programmes

3) Japan Assistance Programme - JICA

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InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs (2)Environmental Needs (2)

InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs (2)Environmental Needs (2)

1. EU/ EC CARDS Program: CARDS 2002 – ongoing or under preparation1. “Support for Capacity Building for Environmental Management” 2. “Development of a National Environmental Monitoring” 3. “Support for improved Waste Managment”4. “Functional Review of Environmental Sector in B&H”5. “River Basin Management Programme in B&H”6. TA to ensure compliance with EIA Directives

CARDS 2003 - ongoing or under preparation7. “ Pilot project–Waste Recycling”8. “Support to Air Monitoring in B&H”, 9. TA to the Establishment of an Environmental Fund

CARDS 2003 - under preparation 10. Equipment supply for Air Monitoring

CARDS 2004 - under preparation 11. “Suport to Sustainable Environmental Management – Public Awarenes Programme”12. “Support to Environmental Field Inspection”

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InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs Environmental Needs (3)

Pakt Stability – REReP Projects• REReP 1.7: BERCEN-second phase• REReP 1.14:”Institutional strengthening of MoE RS and

Federation of B&H” - under ITFa) I Phase - Support to the work of Environmental Steering Committee (ESC) for B&Hb) II Phase - “Preparation of Draft Framework Environmental Law and Feasibility Study as Precondition for establishig of the EPA in B&H”

• REReP 4.3.23 “Promotion of Network and Exchanges in the SEE” with a few sub-projects, (Last sub-project: “New challenges for the development of rural tourism and organic farming in Neretva Delta” - B&H/Croatia)

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InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs Environmental Needs (4)

2. World Bank – WB Projects:• Implementation of NEAP - Program “NEAP 100 Projects”

• Solid Waste Management Project – Building of Sanitaric Regional Landfills in B&H( Implementation of EU/EC PHARE Project: “Solid Waste Management Strategy in B&H” )

WB/GEF Projects in process preparation:

- ”Integrated Eco-systems Management in the Neretva and Trebisnjica River Basin”

- “Forest and Mountain Biodiversity Conservation Project”

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InternationalInternational Community Assistance for B&H Community Assistance for B&H Environmental Needs Environmental Needs (5)

3. Japan Assistance Program Japanese grant via WB for Feasibility Studies

of Sanitary Regional Landfills in B&H JICA - Study for “Transport Master Plan in

B&H Hazardous Waste in B&H JICA – Study on Sustainable Development

through Eco-Tourism in B&H

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Main Environmental Problems in B&HMain Environmental Problems in B&HMain Environmental Problems in B&HMain Environmental Problems in B&H

Main problems in the environmental sectors are:• Lack of capacity, trained staff and expiriance (“brain drain” due to the

war) • Lack of new equipment for national environmental monitoring,

information system and database

• Unadequate of air, water, soil and waste of monitoring and polluter registers

• Insufficient of environmental inspections for enforcement and compliance of regulatory

• Lack or insufficient of own environmental funds

• Insufficient of co-operation harmonisation between different sectors on environmental issues (vertical and horizontal level of responsibilities)