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to Environmental Strategic Impact Assessment. 50 In Kosova C 2100 case, the World
Bank has initiated such assessment. However, numerous decisions that should have
been made have already been taken.
But the EU’s legislation on Environmental Systemic Assessment requires a report on
potential effects on the environment due to implementation of a certain program or
plan. It also requires consideration of reasonable alternatives, including objectives
and identification, explanation, and assessment of geographical scale of the plan or
program’s impact. 51
- Violation of EU documents that regulate energy issues, public’s information
and participation in decision-making
Aarhus Convention 52 on Access to Information, Public Participation in Decision-
Making and Access to Justice in Environmental Matters entitles the public with:
i. the right to have information on environment under the public authority’s
ownership
ii. the right to participate environmental decision-making
iii. the right to review the procedures, to challenge the decisions of public
authorities adopted without respect to the abovementioned rights
or environmental legislation in general
The EU documents oblige that relevant authorities are informed for adoption
of plans and programs and he public has access to important information on
the plan or program. 53 Kosovar authorities have provided general information on
construction of Kosova C 2100, but have not created a possibility for the public to have
main information on the plan.
EU legislation requires identification of the public and non-governmental organizations
such as organizations active on environmental protection and
other relevant NGOs. Kosovar authorities have never identified an organization active
on environmental protection, but have engaged an NGO with no experience or developed
reputation on the matter to conduct opinion poll related to the problem. Such
activity cannot substitute for public information.
The legislation also requires for the authorities and public with related responsibilities
be consulted during plan or program’s evaluation and that a
sufficient time must be provided for sufficient consultation and collection of
opinions. Kosovar authorities have not set reasonable time-frame for consultation
and information collection. But the few consultations between representatives of the
Steering Committee and citizens uninformed on environmental problems have been
superficial and have not included single information on the necessity of Environmental
Strategic Impact Assessment.
50 Directive 2000 Of The European Parliament And Of The Council on impact assessment
51 Ibid
52 http://www.unece.org/env/pp/documents/cep43e.pdf
53 Ibid