LIST OF ABBREVIATIONS

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1 Reports on Implementation on the Implementation of the Recommendation 2001/331/EC of the European Parliament and the Council on Minimum Criteria for Environmental Inspections (RMCEI) in Albania Bosnia and Herzegovina, Croatia, Kosovo (territory under interim UN administration following Resolution 1244 of the UN Security Council), Former Yugoslav Republic of Macedonia, Montenegro and Serbia. Complied following the IMPEL Guidance on Point VIII of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC). The Regional Environmental Center for Central and Eastern Europe Szentendre, September, 2006

2 Introduction During the First BERCEN Plenary Meeting held in Budapest on September 9 th, 2002 it was decided that the BERCEN member countries should have a standardized reporting on the preparatory activities in regards to implementation of the Recommendation 2001/331/EC of the European Parliament and the Council on Minimum Criteria for Environmental Inspections in Member States (RMCEI)'. This reporting was conducted by the relevant national environmental administrations and assisted by the Regional Environmental Center (REC) as the ECENA Secretariat, for Albania Bosnia and Herzegovina, Croatia, Kosovo (territory under interim UN administration following Resolution 1244 of the UN Security Council), Former Yugoslav Republic of Macedonia, Montenegro and Serbia. The ECENA member countries consider this standardized reporting procedure a powerful tool for measuring the achieved progress, addressing common problems and needs and exchanging experiences with IMPEL and AC IMPEL member countries and the European Commission. To that end, ECENA member countries and the ECENA Secretariat aimed to contribute to further improvements of implementation of the Recommendation and opening of possibilities for the countries to receive important inputs on implementation from the European Commission. This Report is complied following the IMPEL Guidance on Point VIII of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC). The Report consists of the executive summary and individual country chapters drafted by the relevant national environmental authorities.

3 LIST OF ABBREVIATIONS B&H - Bosnia and Herzegovia CARDS - Community Assistance for Reconstruction, Development and Stabilisation program adopted with the Council Regulation (EC) No 2666/2000 CCD - Control and Coordination Department (in the cahpert on Albania) DCM - Decision of the Council of Ministers (in the cahpert on Albania) EIA - Environmental Impact Assessment EMAS - Eco-Management and Audit Scheme EPA - Environmental Protection Act (in the cahpert on Croatia) FB&H - Federation of Bosnia and Herzegovina FRY - Federal Republic of Yugoslavia LEP - Environmental Protection Law MEPP - Ministry of Environmental Protection and Physical Planning of Montenegro MEPPPC - Ministry of Environmental Protection, Physical Planning and Construction in Croatia MESP - Environmental Inspectorate of Kosovo MoEFWA - Ministry of Environment, Forests and Water Management of Albania OG - Official Gazette Regional Environmental Agencies - REAs (in the cahpert on Albania) RS - Republic of Serbia (in the cahpert on Serbia) RS - Republic of Srpska (in the chapter on Bosnia and Herzegovina) SEA - Strategic Environmental Assessment SEI - State Environmental Inspectorate (in the chapter on FYR Macedonia) SFRY (SFRJ) - Socialist Federal Republic of Yugoslavia UNMIK - United Nations Mission in Kosovo VOC - Volatile Organic Compounds

4 ALBANIA Recommendation on Minimum Criteria for Environmental Inspections: EC Legal Requirements Pro-forma In the framework of the integration process, Albania has undertaken important steps related to improvement of all indicators for stability. The European integration process is the major strategic direction for the Government and reflects the consensus of all the political forces in the country. Achieving this goal involves a number of steps and much effort over at least next ten years. The approximation of legislation represents the first challenge. This is not just a matter of adopting the relevant laws but also of ensuring they can be and are put into practice. This is a difficult process that requires time and organization in the sectors of environment and natural resources. So far, Albania achieved a great deal in harmonizing and approximating its environmental legislation with the EU legislation. On one hand, the main responsibility for the latter and various responsibilities for environmental protection, lie mainly within the Ministry of Environment, Forests and Water Management (MoEFWA). On the other, Environmental Protection Law (LEP) is the major horizontal legal document in the environmental field in Albania. Many other laws regarding environmental protection have also been adopted. A summary of the status on transposition of major EU directives is presented below. Directive National legislation implementing EC Legal requirements Ref. 1 96/61/EC Law N 8934, dated On Environmental Protection 2 96/82/EC Not yet transposed 3 99/13/EC Not yet transposed 4 74/464/EEC Not yet transposed 5 80/68/EEC Not yet transposed 6 91/271/EEC Law no. 9115, dated Concerning the environmental treatment of polluted waters. Law no. 8102, dated On the Regulatory Framework of the Water Supply Sector and of Disposal and Treatment of Waste Water. 7 75/442/EC Law N 9010, date 13 February 2003, On Environmental Administration of Solid Waste 8 99/31/EC Law N 9010, date 13 February 2003, On Environmental Administration of Solid Waste 9 91/689/EEC Law N 9537, dated , On Hazardous Waste Administration 10 88/609/EEC Not yet transposed 11 89/369/EEC Not yet transposed (ose 9010) 12 89/429/EEC Not yet transposed 13 94/67/EC Law N 9537, dated , On Hazardous Waste Administration /76/EC Not yet transposed /80/EC Not yet transposed

5 Table 1. VIII 2 (a) Human and Technical Resources of Environmental Inspectorate Inspecting authority: Environmental Inspectorate Activities of the Environmental Inspectorate are based in the Law no.8934, dated On Environmental Protection (LEP) and the Decision of the Council of Ministers (DCM) No.24, dated On the activity of Environmental Inspectorate According to the LEP, the main responsibilities of the environmental inspectors are: to exert continuous control on the environment and the polluting activities in order to guarantee the protection of the environment through the enforcement of the environmental legislation and the conditions of the environmental permit and declaration; to request the participation of the local government authorities, of the representatives of the municipalities, of the non-profit environmental organizations and of the medias during the controls on the environment; to create the environmental file for every activity dotted with an environmental permit; to assist the physical and legal persons to realize the self-monitoring, the verification and the implementation of the integrated management systems and to control their implementation; to order for the implementation of obligatory measures to be taken for the improvement of the state of environment, for the mitigation of the pollution and the damage of the environment; to inform regularly the local authorities on the state of environment, on the approved activities, projects and installations, according to the dispositions of this law; to control the pollutant s register, the inner, technical and technological regulations and other documents related to the activity and the risks of pollution; and to impose sanctions, according to this law and other legal acts that protect special constituents of the environment. Environmental inspection in Albania is organized on two levels: 1. National (four inspectors); Regional Environmental Agencies (39 inspectors). The minimum level of education required for inspectors is a university degree in a discipline related to the environment (environmental engineer, sciences, biology, etc.). There are 43 environmental inspectors, four at the central level (in the MoEFWA) and 39 inspectors at the regional level (Regional Environmental Agencies - REAs). Inspectors from the regional level also issue permits for activities with a low environmental impact. The Environmental Inspectorate is a part of the Control and Coordination Department (CCD) within the Ministry of Environment, Forests and Water Management. Regional Environmental Agencies There are 12 Regional Environmental Agencies (REAs). They were established in 1993 at the prefecture level. Their tasks are to control and ensure the implementation of the environmental legal framework, supervise and apply the preliminary environmental licensing, collect and process the data on the environmental situation at municipal and prefecture level. The REAs cooperate in the design and implementation of local plans for

6 environmental action, conducts inspection of the environmental condition and caries out awareness and environmental education campaigns. They also participate in the process of releasing environmental declarations in the context of specific projects. It is entitled to endorse local environmental events. A total of 39 Environmental Inspectors are employed by the REAs, dispersed in different regions, as follows: 3 inspectors in Shkodra; 4 inspectors in Elbasani; 2 inspectors in Kukes; 3 inspectors in Fieri; 2 inspectors in Diber; 3 inspectors in Berati; 3 inspectors in Lezha; 3 inspectors in Vlora; 3 inspectors in Durres; 4 inspectors in Korça; 5 inspectors in Tirana; 3 inspectors in Gjirokastra. In the budget for 2006, allocated by the Ministry of Finance, the Environmental Inspectorate plans to spend its budget on protecting forests, and purchasing computers (but not internet access), fuel, and a limited number of phones. There is no possibility of increasing the number of personnel at present because the new government has limited the number of employees of all ministries. Only 10% of inspection charges and permit fees go to MoEFWA and 90% goes to the central government's budget (taking into consideration that only a very low number of charges and fees are paid in general).

7 Table 2. Point VIII 2 (b) Role and Performance in the establishment and Implementation of relevant plans for inspection Inspection activities are planned in accordance with paragraphs 8, 9 and 10 of the DCM No. 24, dated On the Functioning of Environmental Inspectorate. According to this DCM, environmental inspections are pre-planned and carried out following an approved plan. Environmental inspection plans are approved by the minister for the environment. Inspection plans are designed to support common agreements with other inspectorates in industrial fields, geographical delivery of activities and their level of pollution. Plans are drafted at the national and regional levels. Regional level plans form part of the national plans. Inspection plans are announced in visible places around the institution. An annual working plan is implemented at the Environmental Inspectorate as of The objective of the Environmental Inspectorate Plan is to assure the protection of the environment through compliance and promotion of environmental legislation to reduce pollution in the environment. Based on the general plan, REAs draft detailed plans and submit them to the MoEFWA every month. Type of Plans National (N)(1) Regional (R)(2) Which plans do you establish (tick) Which plans do you implement (tick) At which levels do you implement these plans (more than one box can be ticked) Sub Regional (SR)3) Local (L)(4) N R SR L N R SR L N R SR L N R SR L

8 Table 3. Point VIII 2 (c) Summary Details of Environmental Inspections carried out relevant to Recommendation 2001/331/EC The inspectors prepare each site visit, equipment, the inspection report forms or other documents which may need to be taken into consideration. The inspection starts before the site has been entered, with the inspector checking around the site for visible signs of emissions, discharges to water, etc. The inspector then reports to the management of the facility inspected to make his presence known. During the inspection the operator s performance is assessed against the permit conditions. However, the lack of detailed conditions in the permits may hamper this process. The inspector looks especially at raw material storage; analysis of soil contamination; assessment of fire and explosion risks; inspection of the proximity and positioning of impacted objects; assessment of employee safety; assessment of waste generation; assessment of emissions; assessment of existent monitoring procedures, etc. While carrying out an inspection, the inspector often uses the opportunity to raise the awareness of the site operator as to the environmental consequences of the activities being undertaken. A written site inspection report form of the visit is completed by the inspector on site following each routine inspection. The report is discussed with the manager or a legal representative of the operator and a copy of this form remains on site. While different types of inspections are outlined in the Environmental Inspectors Manual, the preparation of checklists would make site inspections more efficient. There are no requirements on the minimum frequency of inspections. Frequency is flexible and depends on performance of the operator. Activities undertaken 1 Site visit Monitoring achievement of Environmental Quality Standards Consideration of environmental audit reports and statements Consideration and verification of self monitoring by operators 2 Assessing activities and operations carried out at the controlled installation Checking the premises and relevant equipment and adequacy of environmental management Checking relevant records kept by the operators of controlled installations Tick Site Visits (during the reporting year 01/01/06 to 01/06/06) Estimated no. of installations inspected per annum Estimated total no. of controlled installations (six months) 1456 Estimated % of installations inspected per annum 47 % 4 Estimated time to inspect all installations (years) 2 years 5 1 Activities as defined in Point II 2 b) of the Recommendation. 2 The operator is obliged to do the self monitoring, however just a small number of operators do the self monitoring /six months. 4 47% are medium and big installation controlled, 53% are small activities, which have environmental consent. 5 This is just a estimate and is flexible. Its final value depends of the impact of the activities, inherited problems etc.

9 Estimated ratio of routine to reactive inspections(e.g. 1:2) 2,5 : % planned and 30% unplanned.

10 Table 4. VIII 2(d) Brief Data on Compliance by Controlled Installations against MS Legislation EC Legal Requirements Generally compliance with the need to seek a permit is considered not good. There are many installations that operate without an environmental permit or do not perform their activities in compliance with environmental permit requirements. Where such noncompliance is found the policy is to prosecute, except where the operator immediately applies for an appropriate license and there is no threat of damage to the environment. In this case a formal caution is applied. Where the non-compliance is so serious that formal action is required resolution is normally achieved through the use of administrative sanctions. Finally the operator can be prosecuted in front of a court. On annual basis, number of inspections carried out is as follows: The total number of activities with environmental impact is 5495; Total number of activities with environmental permit 2479, authorization 200. Total number of activities without permit is 2816, from which 1824 activities without environmental permit. Authorization and 992 activities without environmental permit. For this reason were imposed 102 penalties in the amount Euro and were suspended 56 activities.

11 Table 5. Point VIII 2(e) A summary, including numbers of actions taken as a result of serious complaints, accidents, incidents and occurrences of non-compliance. Type of Action Type of Enforci ng Action (tick) Number 7 of actions per annum Administrative Sanctions Warning Letters Issue of Notices/ Orders Requiring the operator to take action Administrati ve fines Criminal Prosecution instigated by the Inspecting Authority Reports to Prosecutor Prosecution taken Civil / Administrative Court Actions instigated by the Inspecting Authority Reports to Prosecutor Civil/Ad ministrati ve Cases taken??? 102???? Other The Ministry of Environment has not kept records that would be used to source data for the above table from. The above table presents gives an estimated picture. Below is a brief overview of legal provisions related to different types of actions of the inspecting authority. 1. Administrative sanctions According to the article 71 ë of LEP the environmental inspectors have the competence to impose administrative sanctions which are provided in the LEP and in the other environmental laws as follows: Article 32 of the Law no.8906 On the protected areas, Article 31 of the Law no.8990 On Environmental Impact Assessment, Article 32 of the Law no On environmental treatment of solid waste, Article 22 of the Law no.9103 On the protection of transboundary lakes, Article 26 of the Law no.9108 On chemical substances and preparations, Article 23 of the Law no.9115 On the environmental treatment of polluted waters, Article 19 of the Law no On the Air protection. 2. Penal sanctions The Albanian environmental legislation does not provide special rules for environmental inspectors in the penal field. The obligation of inspectors to ask for penal proceeding is provided in: a) The environmental legislation The article 82/1 of the Law no.8934, dated On environmental protection (hereinafter LEP), states that: When the violations of this law constitute a criminal act, the Environmental Inspectorate asks for penal proceeding. Thus, in this article is clearly defined the obligation of Environmental Inspectorate 7 For the period of six months from January to June 2006.

12 to ask for penal proceeding, but remain as a discussion point the cases when this proceeding shall be done. According to the abovementioned article the penal proceeding shall be asked When the violations of this law constitute a penal act. This provision is not very correct, exposed to different legal interpretations, because in the law are defined only the administrative contraventions, while the environmental penal violations are defined only in the Criminal Code (articles of Criminal Code). As we will see in following the obligation to ask for penal proceeding derives firstly from the articles 281 and 283 of the Criminal Procedure Code. So, the article 82/1 of the LEP, does not accord to the Inspectorate any new competence, that it didn t have before. b) The penal legislation (Criminal Code and Criminal Procedure Code) The penal proceeding cases (Articles 281 and 283 of the Criminal Procedure Code). The Albanian legislation provides the obligation to ask for the penal proceeding in the case of notice of a criminal act in the environmental field. Pursuant to article 281 of the Criminal Procedure Code, the public officials, are bound to lodge a penal proceeding in the cases that during the course of their work or because of their functions or service, receive notice of a criminal offence. The same obligation is for citizens as well, defined in the article 283 of the Criminal Procedure Code. Criminal acts against environment (Articles of the Criminal Code). Not every damage of environment constitutes a criminal act. As criminal acts against the environment, are only those defined in the Criminal Code, Chapter IV, Articles and more concretely: Polluting the air art. 201, transporting toxic waste art. 202, polluting the water- art. 203, Prohibited fishing article 204, unlawfully cutting forests art. 205, Cutting decoration and fruit trees art. 206, Breach of quarantine for plants and animals art. 207.

13 Table 6.VIII (f) An evaluation of the success or failure of the plans for inspections as applicable to the inspecting body, with recommendations for future plans. With regards to the evaluation of the Environmental Inspectorate activity, its performance has improved, but space for further improvements still remains. One of the main concerns is the carrying out activities without environmental permits. Based in the data from the Annual Report of the Environmental Inspectorate, results that the number of activities with environmental impact is 5495, from which the number of activities with environmental permit is 2479 (from which 740 have not renewed the environmental permit), whereas the number of activities which operate without environmental permit is No strategy, goals or targets have been elaborated, and there is no minimum inspection frequency. Plans are drafted at a central and regional level on a monthly basis. Plans are quite general and they are not always fully implemented because of the lack of sufficient staff and technical equipment. There is no register of controlled installations. Recommendations for improved performance should focus on the following issues: 1. Harmonizing the legislation which regulates the Environmental Inspection With the establishment of the current Government, (re-organization in September 2005), the forestry and water administration (with relevant inspecting bodies Forestry police, Fishing Inspectorate) previously located in the Ministry of agriculture, were transferred to the MoEFWA. Meanwhile, this transfer was not accompanied with the necessary amendments to the relevant laws, being a mechanic process. For this reason, we would recommend to review the relevant legislation in order to unify the inspecting authorities. In addition, need to improve the cooperation between the environmental Inspectorate and local government bodies or with the other institutions. Actually, the level of cooperation with local authorities in the environmental field remains low. 2. Law Enforcement However, even if the number of inspections carried out (and the same for the penalties raised by it) is increased, in the majority of the cases fees are not collected, while an efficient mechanism for their collection has not been found yet. There are two potential fields for further improvement of enforcement of sanction measures: administrative and penal. Administrative With regard to administrative sanctions, there is not a unification of the competent organ charged with the enforcement of these administrative sanctions in the environmental legislation. According to article 31 of the Law no.8990 On Environmental Impact Assessment and the article 19 of the Law no On the Air protection, the Environmental Inspectorate is charged with the enforcement. Pursuant to article 26 of the Law no On chemical substances and preparations, the enforcement is the responsibility of Financial Offices or of the State Inspectorate of Environment or of the State Sanitary Inspectorate. In the case when in the law is not defined the competent body responsible for the enforcement, the enforcement shall be done in conformity with the general rules (provided in the law no. 7697, dated On administrative contraventions

14 In conclusion of this point, we would recommend that Albanian environmental legislation must provide the unification not only of the responsible body which decides regarding the administrative sanctions but above all others of the procedures which will be undertaken for the enforcement of the sanctions (particularly the recovery of fines). Penal The punishments given by the Court have been fines, but according to the data from the Forestry General Directorate (now under the MoEFWA), approximately 75 % of the fines imposed from Forestry Police are not recovered. Being that the fines are not voluntarily paid, the environmental inspectors can act in conformity with the penal legislation, in two following cases: a) The Supplementary punishments (article 30 of the Criminal Code) The right of the environmental inspectors to ask for supplementary punishments is not provided in the all environmental laws; therefore in the cases of the lack regarding such punishments in the environmental laws, the article 30 of the Criminal Code can be applied. b) The case of replacing the fine with imprisonment (article 34 of the Criminal Code). In addition there are many cases when the fines imposed from the environmental inspectors, forestry police as well as the other bodies charged to impose fine in the environmental field, are not paid in due time; or when these fines are not recovered. In this case the article 34/7 of the Criminal Code can be applied. This article provides that: When the fine is not paid in due time, the court decides on replacing the fine with imprisonment, calculating 5000 lek (~40 euro )for each day of imprisonment. 3. Improved human resources management There is an inconsistency between the LEP and the new structure of MoEFWA. Concretely, according to the article 70/2 of the abovementioned law: The Environmental Inspectorate is composed by: the Chief Inspector, inspectors of the MoEFWA and inspectors of the REA-s, whereas based in the new structure the Environmental Inspectorate has a staff of 4 employees, excluded the inspectors of the REAs. Nor is it clear what the term coordination means in the context of the title of this directorate. Environmental inspectors in Albania have a wide range of responsibilities covering a huge number of activities and operators. The low number of national and regional environmental inspectors is disproportionate to these responsibilities Still limited, no. of inspectors in the Ministry is 4, while the number of inspectors in the Regional Environmental Agencies (REA) is 39 (1 inspector/ people) Technical resources available to the Environmental Inspectorate are poor. Seven out of 12 REAs did not have their own offices. However, they have offices now. At most of the REAs there are no cars, computers or phones. This renders the work of the inspectors extremely inefficient.

15 4. Public access to the inspection reports The inspection reports are not available and open to the public. Neither MoEFWA nor Environmental Inspectorate has a publishing body where this report can be published. In this case, the inspection reports should be published in the MoEFWA website. The right of the public to have access to the inspection reports derives from the right for information (guaranteed from the international legal instruments -Aarhus Convention and Albanian legislation as well).this is an important principle, which gives the public the possibility to know the environmental problems in relevant areas, as well as to increase the awareness and the responsibility on the environment where they live.

16 BOSNIA & HERZEGOVINA Introduction Environmental inspectors in B&H are responsible for controlling implementation of legislation relating to integrated pollution prevention and control, waste and air pollution, while the water inspector is responsible for controlling legislation relating to water. This report is focusing on implementation of legislation relating to integrated pollution prevention and control because environmental inspectors have controlled only this area until today. No inspection is performed in the field of waste and air pollution. The intention was to report on work of inspectors in both entities and Brcko District, however no information on work of environmental inspector in Brcko District have been obtained so far. On the other had, new water law that is transposing EU directives has been enacted just recently in the Republic of Srpska (RS), while in the Federation of Bosnia and Herzegovina (FB&H) it is still in the procedure of adoption. No inspection is performed according to this new law yet. In line with the fact that water inspectors have performed inspections in the past years according to the provisions of old Water Law, the intention was to report on work of water inspector in RS where new Water Law is adopted, however no information on their work had been obtained.

17 Recommendation on Minimum Criteria for Environmental Inspections: E C Legal Requirements Pro-forma Directive Ref National legislation implementing EC Legal requirements Legislation related to integrated pollution prevention and control 1. 96/61/EC Law on Environmental Protection (Official Gazette of RS no. 53/02, Official Gazette of FB&H no. 33/03, Official Gazette of Brcko District no. 24/04) 2. 96/82/EC Law on Environmental Protection (Official Gazette of RS no. 53/02, Official Gazette of FB&H no. 33/03, Official Gazette of Brcko District no. 24/04) 3. 99/13/EC Rulebook on emission of volatile organic compounds (Official Gazette of RS no. 39/05, Official Gazette of FB&H no. 12/05, Official Gazette of Brcko District no. 25/04) Legislation related to water quality 4. 74/464/EEC Not transposed, it will be transposed through rulebooks relating to Water Law that are in preparation 5. 80/68/EEC Not transposed, it will be transposed through rulebooks relating to Water Law that are in preparation 6. 91/271/EEC In process of transposition in FB&H and Brcko District. In RS transposed through Water Law (Official Gazette of RS no. 50/06 Legislation related to waste 7. 75/442/EC Law on Waste (Official Gazette of RS no. 53/02, Official Gazette of FB&H no. 33/03, Official Gazette of Brcko District no. 24/04) 8. 91/689/EEC Law on Waste (Official Gazette of RS no. 53/02, Official Gazette of FB&H no. 33/03, Official Gazette of Brcko District no. 24/04) 9. 99/31/EC Law on Waste (Official Gazette of RS no. 53/02, Official Gazette of FB&H no. 33/03, Official Gazette of Brcko District no. 24/04) Legislation related to air pollution /369/EEC Rulebook on working conditions of waste incineration plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04) /429/EEC Rulebook on working conditions of waste incineration plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04) /67/EC Rulebook on emission limit values from large combustion plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04) /76/EC Rulebook on working conditions of waste incineration plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04) /609/EEC Rulebook on emission limit values from large combustion plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04) /80/EC Rulebook on emission limit values from large combustion plants (Official Gazette of RS no. 39/05, Official Gazette FB&H 12/05, Official Gazette of Brcko District no. 25/04)

18 Point VIII 2. Reporting on Environmental Inspection Activities in General Environmental inspection in B&H was originally placed under jurisdiction of entity ministries responsible for environment. At beginning of 2006, Governments of both entities have made decision to form Entity Inspectorates and withdraw inspectors from Ministries of their origin and place them under one roof, in the entity Inspectorates. This process of transformation in RS is finalized in September 2006 while in FB&H the process is still ongoing. Until recently, the work of inspectors has been guided by Law on Environmental Protection. However, as a part of this transformation, the new Law on Inspections has been enacted which put out of force articles related to work of environmental inspection from Law on Environmental Protection. The new law only partially covers the work of environmental inspection, and does not define their responsibilities, so in this transition period inspectors in FB&H work according to both laws. Despite these insufficiencies, inspectors in RS work only according to the Law on Inspections. Beside entity inspection that is responsible for installations listed in entity legislation, lower level inspections exist in both entities. In RS, lower level inspector is municipal environmental inspector, while in FB&H, the lower level inspector is cantonal inspector. Table 1. VIII 2 (a) Human and Technical Resources Human Resources (full time equivalents (FTEs)) Inspection (1) Support (1) Staff Staff Number of Controlled Installations (2) (estimated) Other Technical Resources available to Inspecting Authority In FB&H: 2 entity inspectors (one chief inspector and 1 environmental inspector) and 10 cantonal inspectors In RS: 2 republic inspectors (one chief inspector and 1 environmental inspector) and 10 municipal inspectors None Until today only six control visits have been carried out in FB&H. The reason is nonexistence of car and driver. In FB&H, due to the problems with transport, inspection is carried out only on complaint. In RS 90 control visits have been performed so far. None

19 Table 2. Point VIII 2 (b) Role and Performance in the establishment and implementation of relevant plans for inspection Which plans do you establish Which plans do you implement At which levels do you implement these plans Entity (E) Cantonal (C) Local (L) EI 8 CI 9 MI 10 EI CI MI E C 11 L 12 E C L E C L 8 Entity inspector in FB&H and RS (EI). 9 Cantonal inspector in FB&H (CI). 10 Municipal inspector in RS (MI). 11 Entity inspectors in FB&H theoretically can do inspection on cantonal level too in case that Canton does not have an environmental inspector employed, although this is not practiced due to the clear division of responsibility. 12 Entity inspectors in RS can do inspection on local level too in case that local governance does not have an environmental inspector employed.

20 Table 3. Point VIII 2 (c) Summary details of Environmental Inspections carried out relevant to Recommendations 2001/331/EC Type of controlled installation: In FB&H: slaughterhouse, mini hydropower plan, roads Activities undertaken FB&H 13 RS 14 Site visit Monitoring achievement of Environmental Quality Standards Consideration of environmental audit reports and statements Consideration and verification of self monitoring by operators Assessing activities and operations carried out at the controlled installation Checking the premises and relevant equipment and adequacy of environmental management Checking relevant records kept by the operators of controlled installations Site visits (during the reporting January 2005 to FB&H RS January 2006) Estimated number of installations inspected per annum Estimated total no. of controlled installations Estimated % of installations inspected per annum 0,07% 75% Estimated time to inspect all installations (years) Information not available Information not available Estimated ration of routine to reactive inspections (e.g. 1:2) All are reactive inspection 3:1 13 In FB&H, 38 permits have been issued for far and inspection has been carried only 3 times on permits and 5 times on complains relevant to air pollution and noise coming from different installations. 14 Since Ministry of RS issued only 4 permits until know, the inspector did not have many activities to inspect the work in accordance with environmental permit. Her main activities for now are focused on site visits to inform industries from the first group (Rulebook on deadlines for submission of request for environmental license for polluters having permits issues before enforcement of Law on Environmental Protection Official Gazette of RS no. 24/06) on deadline for submitting the request for environmental permit and reactive inspections initiated by complains. 15 Reason for such low number in FB&H is nonexistence of a car and a driver.

21 Table 4. VIII 2(d) Brief Data on Compliance by Controlled Installations against MS Legislation EC Legal Requirements Federation of Bosnia and Herzegovina In the past period inspector have based her work mainly on complaints coming from local population. She had 3 inspections related to noncompliance with permit conditions and 5 inspections based on complaints for installations that still did not start the permitting procedure. In total 8 installations have been inspected in past period, all initiated by complains. She is not in position to exercise regular inspections and check compliance with conditions in permits issued due to transportation problems. Only in urgent cases, minister s car and driver are available for inspection work. Thus, of all inspections she carried out the conclusion is that operators do not adhere to the issued license. The non-compliance is always brought to operator s attention and corrective measures are sought. The regular procedure when non-compliance is detected is to issue an order of compliance to the operator setting the deadline for remedial actions; the necessary measures to be taken, including the shut down of the installation or parts, if the deficiencies have not been removed within the specified deadline, and remedial actions. In the past period 8 orders of compliance have been issued. In cases of repeated non-compliance or in case of serious danger for human health and the environment which can not be overcome by other measures, the inspector can request from the Ministry to suspend the environmental permit. Inspector can also punish industries with fines. In one concrete case related to small hydropower plant, inspector has banned further works on construction until environmental permit is issued, while in other case related to slaughterhouse, inspector has ordered corrective measures relate to waste disposal with setting the deadline for remedial action. No closure or punishment with fines has been exercised in the past period. Since there is no register of polluters, the exact number of installation that need permit is not known, thus, the number of those that need a permit but are operating without it, is not known. Republic of Srpska Since the issuance of permits has started just recently, the work of inspector in RS was based on site visits and contacts with industries to inform them on their obligation to obtain environmental permit in accordance with Rulebook on deadlines for submission of request for environmental license for polluters having permits issues before enforcement of Law on Environmental Protection (Official Gazette of RS no. 24/06). Other visits are initiated by complains. In case of irregularities in work, inspector is issuing Order of compliance with deadlines. Depending on type of irregularity, inspector may close down installation until all irregularities are removed. Inspectors are authorized to instigate criminal prosecution, in cases of non-compliance to be punished with a fine. Since no polluters register existings, the exact number of installation that need permit is not know, thus, the number of those that need permit but are operating without it is not known.

22 Table 5. Point VIII 2(e) A summary, including numbers of actions taken as a result of serious complaints, accidents, incidents and occurrences of non-compliance Type of action Type of enforcin g action Number of actions per Administrative sanctions Warn ing letter s Issue of notices/ orders requiring operator to take actions Administrative fines FB&H RS FB&H Criminal prosecution instigated by the inspecting authority Reports to prosecutors annum RS Prosecuti on taken Civil/administrative court actions Instigated by the inspecting authority Reports to prosecutors Prosecutio n taken Other

23 Table 6. VIII (f) - An evaluation of the success or failure of the plans for inspections as applicable to the inspecting body, with recommendations for future plans Regulator Environmental inspector in FB&H Response After forming of Federal Inspectorate in May 2005 all inspectors from different ministries will move under one roof and will work according to Law on inspections (Official Gazette FB&H 69/05). In this transitional period, taking into account that work of environmental inspector is not clearly defined by Law on inspections, Federal inspector is still working in accordance with Federal Law on Environmental Protection and Rulebook on preparation of annual/semiannual programs of environmental inspection (Official Gazette of FB&H 68/05). Pursuant to the old laws, inspectors were preparing annual and semiannual plans, while pursuant to the new law, inspector is to prepare annual and monthly inspection plans. In general, inspector is planning 8 inspection visits per month; however that plan is never fulfilled due to transportation problems. Internal evaluation of inspector work according to some criteria exists based on Law on administrative work in state governing bodies. Work is evaluated on annual basis by chief in charge, however these criteria are not based on environmental indicators. Positive evaluation may result in benefits on salary. Although it is legal obligation, this evaluation was not done regularly. With transfer to Inspectorate, it is expected that better working conditions will enable environmental inspector to work according to the plan. Currently no one is evaluating the work of the inspector. Environmental inspector in RS Comparing to FB&H, in RS all inspectors from different ministries have already been moved to Republic Inspectorate and have started working according to Law on inspections (Official Gazette RS 113/05). Law on Inspection has repealed articles of Law on Environmental Protection related to work of environmental inspection. In general, inspector is planning 10 inspection visits per month which is in most of the cases fulfilled. Internal evaluation of inspector work according to some criteria exists based on Law on administrative work in state governing bodies. Work is evaluated on annual basis by chief in charge; however these criteria are not based on environmental indicators. Positive evaluation may result in benefits on salary. Although it is legal obligation, this evaluation was not done regularly. Currently no one is evaluating the work of the inspector.

24 CROATIA Recommendation on Minimum Criteria for Environmental Inspections: EC Legal Requirements Pro-forma 16 Directive Ref National legislation implementing EC Legal requirements Comments 1 96/61/EC Not transposed Some requirements of the IPPC Directive are transposed through the Ordinance on Environmental Impact Assessment (OG 59/00) and the Waters Act (OG 107/95, 150/05). Transposition plan for the IPPC Directive has been developed within the CARDS 2002 Strategy for EU Environmental Law Approximation Project (CARDS Project), according to which, the new Environmental Protection Act (EPA) is the highest priority as it should serve as a basis for other primary and secondary legislation needed to fully transpose the IPPC Directive. The Ministry of Environmental Protection, Physical Planning and Construction (MEPPPC) has started the preparation of a new EPA which will provide legal basis for introduction of the integrated environmental management and permitting system. The envisaged timetable for the adoption of the new EPA is end of Source: Non-Paper for Chapter 27 Environment, May 2006; CARDS 2002 Strategy for EU Environmental Law Approximation Project; EC Progress Monitoring Report, Year 8, December 2005.

25 2 96/82/EC (provisions of article 9) Not transposed 3 99/13/EC In process of transposition Some requirements (but other than the article 9) of the Seveso II Directive are transposed through the Environmental Protection Contingency Plan [(adopted on the basis of article 42 of the existing EPA (OG 82/ /99)]. Transposition plan for the Seveso II Directive has been developed within the CARDS Project, according to which, the new EPA is the highest priority as it should serve as a basis for other primary and secondary legislation needed to fully transpose the Seveso II Directive. The Air Protection Act (OG 178/04) has partially transposed the Solvents Directive. It is planned to complete the transposition through secondary legislation. Transposition plan for the Solvents Directive has been developed within the CARDS 2002 Project, according to which, transposition can be completed through secondary legislation. 4 74/464/EEC Not in responsibility of the MEPPPC s Directorate for Inspection 5 80/68/EEC Not in responsibility of the MEPPPC s Directorate for Inspection 6 91/271/EEC Not in responsibility of the MEPPPC s Directorate for Inspection 7 75/442/EC In process of transposition Transposition of the Waste Framework Directive is in advanced stage (up 75% of the Waste Framework Directive requirements have been transposed) through the Waste Act (OG 78/04, 153/05) and Regulation on the Categories, Types and Classification of Waste with Waste Catalogue and the List of Hazardous Waste (OG 50/05). The transposition plan for the remaining 25 % of the Waste Framework Directive requirements has been developed within the CARDS Project.

26 8 99/31/EC In process of transposition 9 91/689/EEC In process of transposition 10 88/609/EEC Replaced on 27 November 2002 by Directive 80/EC 11 89/369/EEC Repealed 28 December /429/EEC Repealed 28 December /67/EC Repealed 28 December 2005 Some requirements of the Landfill of Waste Directive have been transposed through the Waste Act (OG 78/04, 153/05) and the Ordinance on the Waste Management Requirements (OG 123/97). Transposition plan for the Landfill of Waste Directive has been developed within the CARDS 2002 Project, according to which, transposition can be completed through secondary legislation. The Directive on Hazardous Waste has been transposed almost entirely (up to 95%) through the Waste Act (OG78/04, 153/05) and the Ordinance on Types of Waste (OG 27/96), the Regulation on Condition on Handling of Hazardous Waste (OG 32/98) and Regulation on the Categories, Types and Classification of Waste with Waste Catalogue and the List of Hazardous Waste (OG 50/05). Not applicable (N/A) No data No data No data

27 /76/EC In process of transposition /80/EC In process of transposition Significant part of the Waste Incineration Directive requirements have been transposed (up to 50%) through the Waste Act (OG 78/04, 153/05), Regulation on Requirements for Handling Hazardous Waste (OG 32/98), Regulation on Limit Values of Pollutant Emissions into the Air from Stationary Sources (OG 140/97, 105/02,108/03, 100/04), Air Protection Act (OG 178/04), Waters Act (OG 107/95, 153/05), Ordinance on the Issuance of Water Rights Acts (OG 28/96), Ordinance on Limit Values of Indicators of Hazardous and Other Substances in Waste Waters (OG 40/99). Transposition plan for the Waste Incineration Directive has been developed within the CARDS 2002 Project, according to which, transposition can be completed through revision of the existing primary legislation. Significant part of the LCP Directive requirements have been transposed (up to 50%) through the Air Protection Act (178/04), Regulation on Limit Values of Pollutant Emissions into the Air from Stationary Sources (OG 140/97, 105/02,108/03, 100/04), Regulation on Cadastre of Emissions in the Environment (OG 36/96), Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Further Reduction of Sulphur Emissions (Official Gazette - International Treaties No. 17/98 and 3/99) and Ordinance on Monitoring Emissions of Pollutants into the Air from Stationary Sources (Official Gazette No. 01/06). Transposition plan for the remaining 50% of the LCP Directive requirements has been developed within the CARDS 2002 Project, according to which, transposition can be completed through secondary legislation.

28 Point VIII 2. Reporting on Environmental Inspection Activities in General Inspecting authority: Ministry of Environmental Protection, Physical Planning and Construction (MEPPPC), Directorate for Inspection The Directorate for Inspection is responsible for checking compliance with and enforcement of the following environmental protection acts (Environmental Protection Act, Air Protection Act and Waste Act) and secondary legislation. In accordance with the provisions of the current environmental legislation, the Directorate for Inspection has no role in existing permitting procedure. Relevant National Legislation: Environmental Protection Act (OG 82/94, 128/99) Description: The Environmental Protection Act provides the framework and legal basis for sub-legal instruments that meet the national requirements. However, it does not provide a basis for systematic transposition of directives. According to the National Program for the Integration of the Republic of Croatia into the European Union 2006, the MEPPPC is planning to adopt a new Environmental Protection Act in 2006 that will provide a framework for transposition of the directives in horizontal sector, and industrial pollution control and risk management. The existing EPA provides principles, objectives, measures and responsibilities for the protection of environment. The basis for inspection is provided in articles 61 to 70. Environmental protection inspectors, according to this Act, have authority to inspect legal and natural persons against the provisions of this Act as well as provisions of the secondary legislation based on this Act. Transposing the following EU Directive(s): The existing EPA does not transpose any directive fully. However, the EPA itself and the secondary legislation based on it, transpose some requirements of the following: Directive 2004/35/EC on Environmental Liability Directive 2003/4/EC on Environmental Information Directive 85/337/EEC on Environmental Impact Assessment (EIA) Directive 96/82/EC Seveso II.