Functional Review of the Ministry of Environment and Spatial Planning

Functional Review of the Ministry of Environment and Spatial Planning Functional Review of the Ministry of Environment and Spatial Planning

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SECTION I: THE MANDATE AND THE STRUCTURE OF THE MINISTRY This part provides a brief overview of MESP functions and capacities, and compares them with the reference EU countries. It also presents an assessment of the main weaknesses, challenges and risks, and provides general recommendations to address them. I.1. The mandate of the ministry The mandate of the Ministry of Environment and Spatial Planning was set by UNMIK Regulations 2002/5 and 2005/15. Under these regulations, the responsibilities of the Ministry are to manage the overall areas of Environment and Spatial Planning. In order to do this, the Ministry has the power to develop, recommend and implement policies in its respective sectors. More specifically, the Ministry is responsible for the development of policies, norms and standards and the coordination of activities for environmental protection, water management, environmental inspection and spatial planning. It is also responsible for the implementation of the policies and legislation with respect to environmental protection and spatial planning. The scope of responsibilities is covered by a number of laws, regulations and administrative instructions, the most important being the: Law on Environment Protection (2009/03-L-025), Law on Waste (2005/02-L30), Law on Waters of Kosovo (2004/24) and Law on Spatial Planning (03/L-106). The recently promulgated Laws on Strategic Environmental Assessment [SEA] (2009/03 L-015), Law on Environment Impact Assessment [EIA] (2009/03-L-024) and Law on Integrated Prevention Pollution Control [IPPC] (No. 2009/03-L-043) offer the modern and effective tools for environmental administration. List of Competencies and Functions According to Regulations 2002/5 and 2005/15 the Ministry of Environment and Spatial Planning shall: Coordinate activities in the field of environmental protection in order to promote the coherent development of environmental protection policies; Develop norms and standards and issue guidelines in the field of environmental protection with due regard to relevant international standards; Oversee adherence to such standards, including, where appropriate, conducting inspections and other services; Manage the use and development of the infrastructure relating to environmental protection which falls under the responsibility of the Ministry; Promote community participation and the development of community initiatives and activities relating to environmental protection; Develop policies, implement legislation and oversee activities for the protection of the environment including water resources, air, soil and biodiversity; Participate in the development and implementation of public information campaigns and other promotional schemes to increase public awareness and compliance with environmental protection standards; Monitor and assess the state of the environment, particularly the impact of the activities of industry, public utilities and economic activity as they relate to environmental protection; Encourage the development of environmental education to foster knowledge and competence in the field of environmental protection; Develop policies for the management of water resources and oversee their implementation; Promote the development, implementation and transfer of clean technologies; Identify, in coordination with other relevant Ministries, areas to be protected for the benefit of the public, and develop policies and implement measures for their conservation and administration; and Ensure the incorporation of Kosovo-wide spatial planning in the policies and programs of the Government and oversee their implementation by relevant authorities. 9

The above-mentioned mandate requires revising since in 2009, following a government decision, No. 04/63 the Kosovo Cadastral Agency (KCA) was removed from the newly transformed Ministry of Public Administration (MPA) and transferred under the responsibility of MESP. A more detailed description of the functions stemming from the MESP mandate is provided in Section III where the MESP policy areas (environment, spatial planning and construction) are reviewed in greater detail. The FRIDOM team’s conclusion is the MESP has a proper mandate that defines its respective competencies, portfolio and functions. These are established by law and reflect in general fairly reasonably the responsibilities expected. Some difficulties appear through an identified gap between the legally defined functions, i.e. administrative work to be executed - and the functions actually discharged, e.g.: Cooperation among the line ministries, especially ministries tackling environmental issues institutionalized through the ad-hoc working groups to solve particular agenda. However the Advisory Board for Protection of Environment in Government - an official decision-facilitating inter-ministerial body – is not approved yet by the Assembly of Republic of Kosovo (despite the provision of the actual Law on Environment Protection). Fund for environmental protection (so called Eko Fund), mostly a financial instrument for improving the environmental infrastructure country-wide, is not yet operational despite it is stated in the Law on Environmental Protection. Inspectorate for Environment and Water where is a very low number of genuinely professional environmental inspectors. An absence of respective legislation, applicable working methodology, relevant environmental standards and no proper co-ordination of activities including enforcement processes. Modern enforcement concepts and standards, although envisaged by the promulgated primary legislation, are not yet in use. I.2. Cross-country comparison of the MESP organization An overview of MoEnv/MESP administrative structure in selected EU reference countries is provided in Annex 2. The main conclusions from analysis of the various organigrams are the following: a combination of environment and spatial planning is usual in European practice as the similar portfolios exist in some of the reference countries such as the Ministry of Environment and Spatial Planning in Slovenia and Lithuania; in Finland the environment portfolio is combined with the portfolio of housing; it is also quite common to establish standalone environment portfolios as in the case of Latvia and Slovakia; the portfolio of environment ministry in Estonia and Lithuania also includes forestry. The size of MESP in Kosovo is relatively small in comparison to the reference EU countries. Slovenia has 5.2 times, Lithuania 3.6 times and Finland even 8.7 times more professional staff at the MESP and regulated institutions than Kosovo. Part of this difference in size might be explained through variance of ministries of environment portfolios, a big portion of the difference though points out that some of the mandates of MESP are still underdeveloped. A good example of such mandates might be the waste water management, transfer of clean technologies and environmental inspection. Weak distinction is made between core (policy, regulatory, executive and service delivery to clients) and supportive functions of MESP when it comes to staffing. The number of employees performing the core functions of the Ministry (218) seems to be small in comparison to those providing support for them (63). Also the salary grades do not sufficiently take into account the staff qualification requirements. 10

SECTION I: THE MANDATE AND THE STRUCTURE OF THE MINISTRY<br />

This part provides a brief overview <strong>of</strong> MESP functions <strong>and</strong> capacities, <strong>and</strong> compares <strong>the</strong>m with <strong>the</strong><br />

reference EU countries. It also presents an assessment <strong>of</strong> <strong>the</strong> main weaknesses, challenges <strong>and</strong> risks,<br />

<strong>and</strong> provides general recommendations to address <strong>the</strong>m.<br />

I.1. The m<strong>and</strong>ate <strong>of</strong> <strong>the</strong> ministry<br />

The m<strong>and</strong>ate <strong>of</strong> <strong>the</strong> <strong>Ministry</strong> <strong>of</strong> <strong>Environment</strong> <strong>and</strong> <strong>Spatial</strong> <strong>Planning</strong> was set by UNMIK Regulations 2002/5<br />

<strong>and</strong> 2005/15. Under <strong>the</strong>se regulations, <strong>the</strong> responsibilities <strong>of</strong> <strong>the</strong> <strong>Ministry</strong> are to manage <strong>the</strong> overall areas<br />

<strong>of</strong> <strong>Environment</strong> <strong>and</strong> <strong>Spatial</strong> <strong>Planning</strong>. In order to do this, <strong>the</strong> <strong>Ministry</strong> has <strong>the</strong> power to develop,<br />

recommend <strong>and</strong> implement policies in its respective sectors. More specifically, <strong>the</strong> <strong>Ministry</strong> is responsible<br />

for <strong>the</strong> development <strong>of</strong> policies, norms <strong>and</strong> st<strong>and</strong>ards <strong>and</strong> <strong>the</strong> coordination <strong>of</strong> activities for environmental<br />

protection, water management, environmental inspection <strong>and</strong> spatial planning. It is also responsible for <strong>the</strong><br />

implementation <strong>of</strong> <strong>the</strong> policies <strong>and</strong> legislation with respect to environmental protection <strong>and</strong> spatial<br />

planning.<br />

The scope <strong>of</strong> responsibilities is covered by a number <strong>of</strong> laws, regulations <strong>and</strong> administrative instructions,<br />

<strong>the</strong> most important being <strong>the</strong>:<br />

Law on <strong>Environment</strong> Protection (2009/03-L-025),<br />

Law on Waste (2005/02-L30),<br />

Law on Waters <strong>of</strong> Kosovo (2004/24) <strong>and</strong><br />

Law on <strong>Spatial</strong> <strong>Planning</strong> (03/L-106).<br />

The recently promulgated Laws on Strategic <strong>Environment</strong>al Assessment [SEA] (2009/03 L-015), Law on<br />

<strong>Environment</strong> Impact Assessment [EIA] (2009/03-L-024) <strong>and</strong> Law on Integrated Prevention Pollution<br />

Control [IPPC] (No. 2009/03-L-043) <strong>of</strong>fer <strong>the</strong> modern <strong>and</strong> effective tools for environmental administration.<br />

List <strong>of</strong> Competencies <strong>and</strong> Functions<br />

According to Regulations 2002/5 <strong>and</strong> 2005/15 <strong>the</strong> <strong>Ministry</strong> <strong>of</strong> <strong>Environment</strong> <strong>and</strong> <strong>Spatial</strong> <strong>Planning</strong><br />

shall:<br />

Coordinate activities in <strong>the</strong> field <strong>of</strong> environmental protection in order to promote <strong>the</strong> coherent<br />

development <strong>of</strong> environmental protection policies;<br />

Develop norms <strong>and</strong> st<strong>and</strong>ards <strong>and</strong> issue guidelines in <strong>the</strong> field <strong>of</strong> environmental protection with due<br />

regard to relevant international st<strong>and</strong>ards;<br />

Oversee adherence to such st<strong>and</strong>ards, including, where appropriate, conducting inspections <strong>and</strong> o<strong>the</strong>r<br />

services;<br />

Manage <strong>the</strong> use <strong>and</strong> development <strong>of</strong> <strong>the</strong> infrastructure relating to environmental protection which falls<br />

under <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong> <strong>Ministry</strong>;<br />

Promote community participation <strong>and</strong> <strong>the</strong> development <strong>of</strong> community initiatives <strong>and</strong> activities relating<br />

to environmental protection;<br />

Develop policies, implement legislation <strong>and</strong> oversee activities for <strong>the</strong> protection <strong>of</strong> <strong>the</strong> environment<br />

including water resources, air, soil <strong>and</strong> biodiversity;<br />

Participate in <strong>the</strong> development <strong>and</strong> implementation <strong>of</strong> public information campaigns <strong>and</strong> o<strong>the</strong>r<br />

promotional schemes to increase public awareness <strong>and</strong> compliance with environmental protection<br />

st<strong>and</strong>ards;<br />

Monitor <strong>and</strong> assess <strong>the</strong> state <strong>of</strong> <strong>the</strong> environment, particularly <strong>the</strong> impact <strong>of</strong> <strong>the</strong> activities <strong>of</strong> industry,<br />

public utilities <strong>and</strong> economic activity as <strong>the</strong>y relate to environmental protection;<br />

Encourage <strong>the</strong> development <strong>of</strong> environmental education to foster knowledge <strong>and</strong> competence in <strong>the</strong><br />

field <strong>of</strong> environmental protection;<br />

Develop policies for <strong>the</strong> management <strong>of</strong> water resources <strong>and</strong> oversee <strong>the</strong>ir implementation;<br />

Promote <strong>the</strong> development, implementation <strong>and</strong> transfer <strong>of</strong> clean technologies;<br />

Identify, in coordination with o<strong>the</strong>r relevant Ministries, areas to be protected for <strong>the</strong> benefit <strong>of</strong> <strong>the</strong><br />

public, <strong>and</strong> develop policies <strong>and</strong> implement measures for <strong>the</strong>ir conservation <strong>and</strong> administration; <strong>and</strong><br />

Ensure <strong>the</strong> incorporation <strong>of</strong> Kosovo-wide spatial planning in <strong>the</strong> policies <strong>and</strong> programs <strong>of</strong> <strong>the</strong><br />

Government <strong>and</strong> oversee <strong>the</strong>ir implementation by relevant authorities.<br />

9

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