SFG2820 REV Republika e Kosovës Republika Kosova-Republic of Kosovo Qeveria –Vlada-Government Ministria e Bujqësisë, Pylltarisë dhe Zhvillimit Rural - Ministarstvo Poljoprivrede, Šumarstva i Ruralnog Razvoja-Ministry of Agriculture, Forestry and Rural Development KOSOVO AGRICULTURE AND RURAL DEVELOPMENT PROJECT (KARDP) ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK Updated January 2017 Table of Contents Abbreviations Executive Summary Introduction Review of Relevant Legislation and Requirements Procedures for Environmental Screening Environmental Management Plans – Samples Capacity Building and Institutional Strengthening Disclosure and Public Consultations Pest Management Plan Appendix 1: List of Attendees and Minutes of Public Consultations Appendix 2: General Overview of Agricultural Inputs and Related Impacts Appendix 3: Good Farming Practices Appendix 4: Environmental Management Plan Checklist for Simple Construction Works Appendix 5: Format of ESMP Appendix 6: Overview of Kosovo – EU agro-environment legislation Appendix 7: Social Impact Assessment Appendix 8: List of Activities for which Municipal Environmental Consent is Required Appendix 9: EIA Procedure per Kosovo Regulations Kosovo Agriculture and Rural Development Project Environmental Management Framework 2 Abbreviations ADA Agriculture Development Agency EMF Environmental Management Framework EMP Environmental Management Plan EU European Union FY Fiscal Year EP Environmental Permit IPARD Instrument for Pre-Accession Assistance for Rural Development ISN Interim Strategy Note KARDP Kosovo Agriculture and Rural Development Project MA Managing Authority MAFRD Ministry of Agriculture, Forestry and Rural Development MEP Municipality Environmental Permit MESP Ministry of Environment and Spatial Planning NGO Non-Governmental Organization OP Operational Policy POM Project Operational Manual PMU Project Implementation Unit PPAH Pollution Prevention and Abatement Handbook PA Paying Agency SEA Strategic Environmental Assessment WB World Bank Kosovo Agriculture and Rural Development Project Environmental Management Framework 3 Executive Summary The overall development objective of the proposed project would be to increase the capacity of the Ministry of Agriculture, Forestry and Rural Development to approximate the institutional requirements to access EU IPARD funds and the absorption of these funds by the rural community. Key project outcome indicators include: (i) increased MAFRD capacity to administer rural development grants approximating IPARD standards; (ii) increased number of grants requests submitted by farmers and agro-processors; (iii) and increased number of approved grants. The project will support the following four components: (i) Transferring Knowledge to the Rural Sector, (ii) Enhancing Investments to Promote Sustainable Rural Development (iii) Support for irrigation and iv) Project Management, Coordination, Monitoring and Evaluation. The project has been classified as an environment category B and triggers the safeguard policy on Environmental Assessment. No major adverse environmental impacts are anticipated under the proposed project. Under component 1, the environmental concerns relate to select demonstration activities such as construction of manure platforms or milk collection systems. Adverse effects that may occur during the construction phase include: dust from excavation processes; exhaust emission; noise and vibrations from construction equipment and vehicles; soil pollution caused by oil and grease leakage and improper waste disposal. These impacts are predictable and can be mitigated through application of standard measures in engineering designs, procurement construction, operation and maintenance. The standard construction works associated with the construction of waste platforms include following activities: removal storage and reuse of fertile top-soil, excavation for building the foundation of the above-ground manure storage platforms, concrete lining, excavation for the underground slurry storage tank, etc. The possibility of noise and dust from these works will however be local and temporary in nature. Some adverse impacts of odor could be felt in close proximity to the manure storage structures, especially during unfavorable weather conditions (high temperatures, high air pressure, no wind). Regarding component 2, sub-projects financed through the provision of grants to farmers or other rural actors will be screened to ensure they will not cause adverse environmental impacts. Grant applications will have a section on the potential environmental impacts of the sub-projects and the proposed mitigation measures if grant activities are likely to adversely affect the environment. In cases of grants that are tranche-based, one of the triggers for tranche payment would be compliance with the ESMP (for grants that have ESMPs). And for the grants which are in the list activity by AI( see appendix 8 ) last payment would be compliance with municipal environmental permit. This Environmental Management Framework covers the on-farm trials/demonstrations under Component 1 and the Grants program under Component 2 as well as the support to Irrigation proposed under the December 2016 Additional Financing. In addition to setting out processes and responsibilities for subproject screening, preparation/approval/ implementation of EAs/ESMPs and monitoring, the ESMF includes “templates ESMPs” for some of the most likely types of investments (e.g. manure platforms). Since the overall project is Category B, the ESMF includes provisions for excluding Category A (Full Kosovo Agriculture and Rural Development Project Environmental Management Framework 4 Environmental Impact Assessment equivalent) projects from financing and also includes measures for pest-management related environmental risks. In addition, the ESMF will be an integrated part of the Project Operation Manual – POM. All subprojects to be financed under the KARDP Project (with the major focus being the grants under Component 2) will be subject to an environmental review process by the PMU incorporating the procedures described in this Framework. These procedures and requirements incorporate the EA requirements under laws and regulations of both Kosovo (The Law on Environmental Impact Assessment with Annex I and II) and the World Bank safeguard policies on Environmental Assessment (OP/BP/GP 4.01) and the World Bank Pollution Prevention and Abatement Handbook (PPAH). The environmental assessment process is carried out to determine the possible positive or negative impacts of proposed subprojects; to evaluate precautions to be taken to prevent or minimize these negative impacts. For any subproject (activity, grant or on-farm trial) financed under the KARDP, the PMU is responsible for assuring that (a) all Kosovo environmental procedures and approvals are in place before a final financing decision under the Project is made, (b) complete supporting files are available, and (c) any additional safeguard requirements of the World Bank are met. The seven elements of subproject EA procedures are: 1. Compliance with local EA requirements ( see Appendix 9) 2. Screening 3. Documentation 4. Public Consultation 5. Disclosure 6. Review and Approval 7. Monitoring and Reporting In addition, the Environmental Framework Document sets forth an integrated pest management plan, with a list of recommended and banned pesticides, and proposed training techniques. The Annex provides a general overview of agricultural inputs and related impacts, good farming practices, proposed environmental clauses for civil works and construction, an overview of the Kosovo-EU agro-environment legislation and a Social Impact Assessment prepared for this Project. Introduction The proposed project – Kosovo Agriculture and Rural Development Project (KARDP) is in line with the World Bank’s Kosovo Interim Strategy Note (ISN) for FY10-FY11, which identifies, within the overarching framework of European integration, the following priorities: (i) laying the foundations for a sustainable, employment-generating, broad-based growth; and (ii) supporting governance reform and social inclusion to modernize Kosovo’ public sector within an equal, inclusive, multiethnic society. Each of these issues is addressed to some extent through this proposed project. Proposed project development objectives Kosovo Agriculture and Rural Development Project Environmental Management Framework 5 The overall development objective of the project is to improve productivity of project beneficiaries in the horticulture and livestock subsectors of Kosovo and strengthen institutional capacity of the Ministry of Agriculture, Forestry and Rural Development. Key project outcome indicators include: (i) increased MAFRD capacity to administer rural development grants approximating IPARD standards; (ii) increased number of grants requests submitted by farmers and agro-processors; (iii) and increased number of approved grants. The project will support the following activities: Component 1: Transferring Knowledge to the Rural Sector The objective of the component is to build and support capacity through training and advisory services to help commercial and semi-commercial farmers and agri-businesses increase their productivity and competitiveness. Due to the large number of subsistence farmers, and the needs of the rural population in general, advisory services will also include support for developing alternative businesses and/or employment opportunities. The following activities are envisaged under this component: (a) Contracts with firms/NGOs as advisory service providers to provide advice and training to farmers on topics such as farm modernization, environmental planning and management, organizational development (farmer associations and location action groups), preparing fundable business plans, and alternative enterprise development. Ultimately, the services provided under this contracts would provide farmers and other rural actors with the knowledge and skills to plan their own investments and prepare business or environmental plans, or, for complex investments, to properly engage private advisors in the development of such plans that could then be funded either from public (rural development grants) or private (agricultural credit) sources. These contractors would also provide training, mentoring and coaching to municipal rural advisors and other public farm advisory service providers on these topics. Contractors would also be encouraged to take advantage of the information many private agricultural input and supply companies provide by linking farmers and extension service providers with technology demonstrations and trade shows that are taking place throughout the region. They would also be encouraged to engage farmer organizations to disseminate technical knowledge and improve access to technology at the individual farm level. Service providers would further be tasked to train and mentor students as interns (project to finance stipends) so that they may gain practical experience and expand future RAS capacity in the country. This approach would build on the Ministry’s previous experience in contracting NGOs/firms as rural advisory service providers to complement the work of the municipal advisors. (b) Contracts with firms/NGOs as advisory service providers must have at least one environmental expert licensed for EIA and have experience with WB procedures for EA. (c) Support to the Ministry and Municipal Advisory staff in planning and supervising such advisory service contracts with private firms/NGOs, ensuring that contracts are thematically focused and results oriented. This would include support for logistical expenses, office equipment as well as monitoring and evaluation. (d) To upgrade the technical and administrative capacities of the ADA in order to perform EU compliant administrative checks and controls for subsidies and to build capacity in the MA to manage the ARDP in line with IPARD requirements. Kosovo Agriculture and Rural Development Project Environmental Management Framework 6 Component 2: Enhancing Investments to Promote Sustainable Rural Development The aim of this component is two-fold: (i) to strengthen the capacity of the government to manage rural development grant programs approximating EU standards; and (ii) to provide the rural population with a learning opportunity for application and implementation of such grants while simultaneously improving their farm competitiveness and employment opportunities. Towards this, the project will support the following two sub-components: (i) Support to the Managing Authority and Paying Agency. This sub-component would help to build the capacity of the MAFRD’s Managing Authority (MA) and Paying Agency (PA) to manage the MAFRD’s rural development grant program. The Paying Agency is responsible for soliciting and screening applications, processing the grants for the awarded sub-projects, monitoring their implementation and disbursing the funds. Support would include training for staff, hiring of additional staff (as consultants until they can be absorbed as civil servants) to fill the staffing gap as well as provision of equipment and furniture. The Managing Authority is in charge of designing the measures that would be implemented under the Rural Development Grant Program. . (ii) Provision of Grants. This sub-component will finance investments through grants to support activities under two ARDP measures: 101 and 103. Support for other measures are either already being addressed by other donors or are beyond the budgetary scope of the project. For example, irrigation measure (managing water resources at farm level for agriculture) is not supported under the project as it is being supported by the government budget. Support in the water sub- sector is envisaged under Component 3 and mainly targets modernization and rehabilitation of Radoniqi scheme. Similarly, measure 302 (diversification of rural economy which includes investments in off-farm activities such as rural tourism, local food processing, medicinal herbs etc are supported by other donors (EU, SDC etc). Investments eligible for grants may include: improvement of physical infrastructure for fruit and vegetable production (orchards and greenhouses including installation of drip irrigation), construction of animal stables and improvement of milk collection systems, fruit and vegetable storage facilities, and improvement of agro-processing facilities and introduction of quality and safety systems in the production cycle. . Component 3: Project Management, Coordination, Monitoring and Evaluation A dedicated Project Management Unit (PMU) would be established within the MAFRD for the daily management, administration and coordination of the project, including procurement, financial management, reporting and monitoring and evaluation. In addition to the core team comprising a Project Manager, Procurement Specialist, Financial Management Specialist, Training specialist and Monitoring & Evaluation Specialist, the PMU would also hire additional specialists on a part time basis as needed. The project would also support the operating costs of the PMU, including training, equipment, etc. as well as annual audits. For all sectors, it is necessary to build one good European practice in applying environmental impact assessments (EIAs) for the projects which are listed in Annex II and MESP classifies them for simplified EA (Kosovo law in EIA) and environmental mitigation and monitoring plans (ESMP) for category B. Kosovo Agriculture and Rural Development Project Environmental Management Framework 7 The Ministry of Agriculture, Forestry and Rural Development and its agencies such as ADA and MA, should also enhance environmental awareness through greater access to information for the media and other government institutions and greater public participation in EIA procedures before the call for application for the grants. The project falls under environment category B which triggers the safeguard policy on Environmental Assessment. Mitigating measures are standard and are usually just good housekeeping or good engineering practice. These projects will require an ESMP or an ESMP Checklist in cases of simple construction works and applies national EIA law Annex II to determine whether or not an EA is required. In order to be compliant with ESMF, screening checklists , check list content for construction and ESMP format shall be included at the earlier stage within the rural development program, so to ensure its fulfillment by applicants during submission of applications and other relevant documents next to Application offices during Call for Application. Environmental qualified officials, should be part of ADA staff in order to conduct the screening process and if none are available, training can be provided in order to do on the job train during the screening of project proposals as well as advise the applicants on the requirements of national laws and WB requirements.. Under this component the project will also support the implementation of a local and nationwide public information campaign to inform the farming community about the benefits of the project and the availability of grants under para. 17 (ii). The project will use different media channels to disseminate project information, such as radio, T.V. broadcasts, posters, brochures, etc. including the development and maintenance of a project website. Activities proposed under the Additional Financing (processed in December 2016): The AF will continue support for the three components under the ongoing project with some modifications, as well as include a new component as outlined below: Component 1: Transferring Knowledge to the Rural Sector. The only change under this component is that the original Rural Advisory Services (RAS) Contract 2: Training of Trainers will be discontinued under the AF. Component 2: Enhancing Investments to Promote Sustainable Rural Development. The changes under this component include the discontinuation of grant support for the horticulture subsector as there is dedicated support for the development of the horticulture subsector under a new activity under the component: Promoting Development of the Horticulture Subsector. Component 3: Support for Irrigation (New Component). Component 3(a). Rehabilitation of Radoniqi Irrigation Scheme. The proposed AF will support the improvement of irrigation delivery and services in the Radoniqi Irrigation Scheme, located in the Dukagjini region of Kosovo. The Dukagjini region is well known for its horticultural products and offers good opportunities for further development of the subsector through the provision of adequate irrigation. The dominant economic activity in the area is the cultivation of fruits and vegetables and there is a high demand for products from this region. To enhance agricultural productivity and offset potential climatic risks of water shortages, the proposed AF will support rehabilitation investments in the irrigation scheme Kosovo Agriculture and Rural Development Project Environmental Management Framework 8 serving this region. The investments under the additional financing are aimed at rehabilitation and revitalization of the Radoniqi Phase I irrigation scheme. This scheme, located in the Drini River Basin in the west of the country draws its water from the multipurpose Radoniqi Reservoir. Despite the challenges faced by the irrigation sector as a whole this is the best performing scheme in the country and it provides for the largest share of actually irrigated area and most of the increase in high value crop production. Specific investments in the scheme will focus on partial rehabilitation, including lining and repair of main canal sections, replacement of moving parts; pipes, where necessary, and the restoration of irrigation delivery in two blocks, namely the Janosh scheme in the upstream part of the system; as well as the Doblibare scheme, a total of 500 ha which is currently dysfunctional. Minor dam safety actions (non- structural), as identified by the dam safety assessments, will be supported as well. The aquaduct crossing of Drini River is among other critical works. Modernization will include selective automation of scheme monitoring to increase water and energy use efficiency. A technical study is underway to further specify the technical requirements and prepare bidding documents for scheme construction works; as well as identify equipment and spare part requirements. In providing rehabilitation support to the scheme, the project will take a broader modernization approach and integrate managerial upgrading with the technical rehabilitation to improve both resource utilization and water delivery service to users, optimizing resource utilization and ensuring institutional and financial sustainability. This includes the support to a Management Information System for supporting management, SCADA for improved operations, support to maintaining a strategic supply of spare parts and maintenance equipment, harmonization of planning and budgeting with municipal plans and integrating with water users’ demands. Component 4: Project Management, Coordination, Monitoring and Evaluation. The original Component 3 will be renumbered as Component 4. The capacity of the Project Implementation Unit (PIU) will be enhanced to support the implementation of the irrigation activity. Component costs have been adjusted in accordance with expenditures expected for effective implementation of the planned activities. The AF also comprises: (i) Reformulation of the Project Development Objective (PDO) to make it more concise as well as scale it down to make it commensurate with ongoing and proposed project activities. (ii) Revisions to the Results Framework to include: (i) revised PDO-level indicators; (ii) revised end-of-project targets for intermediate indicators related to existing components; (iii) new indicators for the new activities proposed under the AF; (iii) mandatory indicators related to gender, civic engagement, and (iv) new Core Sector Indicators. (iii) Application of two additional safeguard policies that have been triggered due to the proposed support for irrigation, viz. OP4. Dam Safety and OP7.50: Projects on International Waterways. The proposed AF falls within the exemption to the riparian notification requirement under paragraph 7 (a) of OP 7.50. Kosovo Agriculture and Rural Development Project Environmental Management Framework 9 Potential Environmental Impacts The project has been classified as an environment category B and triggers the safeguard policy on Environmental Assessment. Category B No major adverse environmental impacts are anticipated under the proposed project. Under component 1, the environmental concerns relate to select demonstration activities such as construction of manure platforms. Adverse effects that may occur during the construction phase include: dust from excavation processes; exhaust emission; noise and vibrations from construction equipment and vehicles; soil pollution caused by oil and grease leakage and improper waste disposal. These impacts are predictable and can be mitigated through application of standard measures in engineering designs, procurement construction, operation and maintenance. The standard construction works associated with the construction of waste platforms include following activities: removal, storage and reuse or re-location of fertile top-soil, excavation for building the foundation of the above-ground manure storage platforms, concrete lining, excavation for the underground slurry storage tank, etc. The possibility of noise and dust from these works will however be local and temporary in nature. Some adverse impacts of odor could be felt in close proximity to the manure storage structures, especially during unfavorable weather conditions (high temperatures, high air pressure, no wind). Regarding component 2, sub-projects financed through the provision of grants to farmers or other rural actors will be screened to ensure they will not cause any environmental impacts. Grant applications will have a section on the potential environmental impacts of the sub-projects and the proposed mitigation measures if grant activities are likely to adversely affect the environment. In cases of grants that are tranche-based, one of the triggers for tranche payment would be compliance with the ESMP (for grants that have ESMPs).In cases of the grants activity falling under the Administrative Instruction for municipal environmental permit (MEP), these permits should be issued prior to grant approval or at least prior to investment finalization. If this MEP would not be issued by the Municipality and the investment is finalized, the contract with the beneficiary will be void and annulled as subject to non compliance with the Environmental Requests. The same should be applied to all cases subject to the list of annex II of the EIA Law. The activities under Component 3 aimed at supporting irrigation, will follow the same screening procedures set forth in this ESMF, and will be subject to separate environmental and social due diligence reflected in a site-specific Environmental Impact Assessment and Environmental and Social Management Plan. This Environmental and Social Management Framework covers the on-farm trials/demonstrations under Component 1 and the Grants program under Component 2. In addition to setting out processes and responsibilities for subproject screening, preparation/approval/ implementation of EAs/ESMPs and monitoring, the ESMF includes “templates ESMPs” for some of the most likely types of investments (e.g. manure platforms). Since the overall project is Category B, the ESMF includes provisions for excluding Category A projects from financing and also includes measures for pest-management related environmental risks. In addition, the ESMF will be an integrated part of the Project Operation Manual – POM. Kosovo Agriculture and Rural Development Project Environmental Management Framework 10 The Kosovo Agriculture and Rural Development Project does not have any significant requirements from the aspect of social impacts of the Project. For easier reference, this Environmental Management Framework also provides a Rapid Social Assessment in Appendix 7 as a support document. Potential Social Impacts There are no adverse social impacts expected under the grants activities of the project i.e Component 2. Potential beneficiaries apply for grant support and these sub-project proposals are screened for environmental impacts. All the investments under the grant programs are undertaken on the property of the beneficiaries. Component 3 on irrigation will finance rehabilitation works for the Radoniqi irrigation scheme. Potential works proposed for the scheme rehabilitation are as follows: (i) Lining and repair of main canal sections and replacement of parts such as valves, etc. (ii) Lining, repair and replacement of pipes as well as replacement of parts in secondary and tertiary schemes (iii) minor works related to dam safety and the Drini river aqueduct. Given the nature of rehabilitation works, there will be no need for the land take under the project. However there might be some crop damages for a temporary period of time while rehabilitation works are ongoing. The Radoniqi Irrigation Company will hire a certified assessor who will assess losses that might be incurred during the rehabilitation works period. Before the signing of the contract for rehabilitation works, the Radoniqi Company and affected farmers will sign a contract against which funds will be transferred to the farmer for the expected crop damages. The Radoniqi Company will also be obliged to ensure that the land is returned to its original condition upon completion of the rehabilitation works. Relevant Legislation and Requirements Kosovo Legislation for Environmental Impact Assessment The Assembly of the Republic of Kosovo has passed in February 2009 the Law on Environmental Impact Assessment (No. 03/L-024). This Law sets forth the procedure for obtaining an Environmental Consent from the Ministry of Environment and Spatial Planning (MESP) and defines the requirements with regards to the development of the Environmental Impact Assessment reports. Through the procedure of screening, scoping and review of the EIA the Ministry of Environment and Spatial Planning MESP issues an Environmental Consent , being a precondition for the issuing of Construction Permit from the Municipality where the investment takes place. After the project is implemented, MESP issues the Environmental Permit, by clearing the investment as per Environmental aspects. The Law does state that, in cases where an activity is not bound to have an EIA report, the Applicant would still need to check with the Municipal authorities in obtaining their formal, written Municipal Environmental Permit (MEP) for a given activity. The Law on Environmental Impact Assessment also includes Annex I – list of activities for which an EIA is mandatory and Annex II – list of activities for which the Ministry will deliver a decision on the EIA requirements. Annex I explicitly lists manufacture of foods from animal origin (excluding milk) where production capacity of final product exceeds thirty (30) tons/day; raw materials of plant origin where Kosovo Agriculture and Rural Development Project Environmental Management Framework 11 production capacity of final product exceeds two hundred and fifty (250) tons/day and milk products where the amount of treated milk exceeds one hundred (100) tons/day. In addition, projects of “intensive agriculture” are included in the list of Annex I – including installations for intensive rearing of poultry, pigs or livestock with more than 10,000 poultry, 500 pigs, 100 cattle and 1000 small livestock. These projects correspond to a Category A and cannot be financed through the project. Annex II – list of activities for which the Ministry will deliver a decision on the EIA requirements based on criteria set in annex III of the EIA law. Annex II explicitly lists manufacture of foods from animal origin (excluding milk) where production capacity of final product are below thirty (30) tons/day; raw materials of plant origin where production capacity of final product are below two hundred and fifty (250) tons/day and milk products where the amount of treated milk are below one hundred (100) tons/day. In addition, projects of “intensive agriculture” are included in the list of Annex II– including installations for intensive rearing of poultry, pigs or livestock with less than 10,000 poultry, 500 pigs, 100 cattle and 1000 small livestock. The list of activities for which MESP will deliver a decision on the EIA covers all activities mentioned above up to the list activates which are listed in AI for municipal environmental permit (MEP) (see appendix 8) Annex II lists activities for intensive agricultural purposes using uncultivated or semi-natural areas, water management for agriculture, including irrigation and land drainage projects, initial afforestation and deforestation for the purposes of conversion to another type of land use and intensive fish farming. Kosovo and EU legislation on agro-environment In the process of establishing a legal framework in Kosovo, laws have been prepared to comply with agro-environment standards. To date, Kosovo has adopted basic principles of EU legislation in respect of water, air protection, chemicals, nature conversation etc. A part of secondary legislation is in place, based on these laws. Until now, MAFRD has 25 laws, (approved or amended) and another 5 laws is in the procedure ( four of them shall be amended and one is a new law). Up to date, Kosovo has pursued approximation to EU environmental standards with important advances in legislation concerning the Environmental Protection as a whole, the EIA, the SEA, IPPC and the Nature Protection. In addition the establishment of new environmental laws10 and further recruitment of staff at both central and local level are seen as positive steps forward. Many laws have been recently revised and adopted by the Assembly of Kosovo and other secondary legislation (administrative instructions, administrative orders and ministerial regulations) have been approved mainly by MESP ( see Appendix 6) However, neither ministry has established all that is required to implement the laws. For example, the law on Air Protection from Pollution has been in force since 2004, but there are still no mechanisms to collect information on ambient concentrations of the relevant pollutants. The same situation applies to the law on irrigation which has been in force since 2005, but there is mixed competencies between MAFRD, MESP and PAK regarding the use of water and the management of socially owned enterprises. According to the Law on Natural Conservation, some comprehensive assessments on the existence and location of sites hosting natural habitats took place, but these assessments were primarily conducted by scientific researchers. There are no ongoing projects regarding the identification of protected area natural habitats. Kosovo Agriculture and Rural Development Project Environmental Management Framework 12 Most laws will have to be amended, and financial resources found to ensure their implementation. Much EU legislation relates to competencies of both MAFRD and MESP. Cooperation between these two ministries needs to increase to coordinate activities with regard to EU legislation. Also, the Law on Water and the Law on Irrigation of Agriculture Land (is amended on 28 July 2010), but cooperation between these two ministries is required to determine who will be responsible for issuing permits regarding water use and water utilities/irrigation. Law on Agriculture and Rural Development, sponsored By MAFRD is adopted by parliament in order to establish Paying unit /future Payment Agency as foreseen under COUNCIL REGULATION (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy. Such an Agency would finance projects that deal with agriculture and rural development. However, at present, the establishment of the Payment Agency is in contradiction with Kosovo's Law on Management of Finance. In this regard, benefits from grants under (a) COUNCIL REGULATION No. 1782/2003 of 29 September 2003 that sets common rules for direct support schemes within the common agriculture policy, and (b) COUNCIL REGULATION No. 1698/2005 of 20 September 2005 that supports rural development through the European Agricultural Fund for Rural Development need to be reconciled with legislation in Kosovo. An overview of the Kosovo and EU compliance in legislation is given in Appendix 6. List of EU legal acts relevant to cross-compliance COUNCIL REGULATION (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 Amended by: Council Regulation (EC) No 583/2004 of 22 March 2004 L 91 1 30.3.2004 Corrected by: Corrigendum, OJ L 94, 31.3.2004, p. 70 (1782/2003) Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers Statistical Information needed for Indicators to monitor the Integration of Environmental concerns into the Common Agricultural Policy COM(2001) 144 final REGULATION (EC) NO 396/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC COUNCIL DIRECTIVE of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (90/642/EEC) COUNCIL DIRECTIVE of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (86/363/EEC) Kosovo Agriculture and Rural Development Project Environmental Management Framework 13 COUNCIL DIRECTIVE of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (86/362/EEC) COUNCIL DIRECTIVE of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (76/895/EEC) COUNCIL DIRECTIVE of 15 July 1991 concerning the placing of plant protection products on the market (91/414/EEC) COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A Thematic Strategy on the Sustainable Use of Pesticides {COM(2006) 373 final} DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2000 establishing a framework for Community action in the field of water policy Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources The main policy documents that apply to the integration of environmental objectives in agriculture are the Agriculture Rural Development Plan (ARDP) 2007-13 and current ARDP 2014-2020, National Environmental Action Plan (NEAP) 2011-2015 and Kosovo’s European Partnership Action Plan 2012 (KEPAP). Their key agri-environmental elements are presented below. In broad terms, the three policy documents provide a coherent framework of objectives and proposed actions and measures, but these still need to be translated into practical actions in the countryside – the so-called operations. World Bank Requirements Environmental Assessment Safeguard Policy (OP 4.01) The World Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus improve decision making (OP 4.01, January 1999). EA is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed project. EA evaluates a project's potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. The World Bank favors preventive measures over mitigation or compensatory measures, whenever feasible. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property); and transboundary and global environmental aspects. It also considers the variations in project and country conditions; the findings of country environmental studies; national environmental action plans; the country's overall policy framework, national legislation, and institutional capabilities related to the environment and social aspects; and obligations of the country, pertaining to project activities, under relevant international environmental treaties and agreements. The Bank does not finance project activities that would contravene such country obligations, as identified during the EA. Kosovo Agriculture and Rural Development Project Environmental Management Framework 14 The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. The Bank classifies the proposed project into one of four categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. • Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a Category A project examines the project's potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the "without project" situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive regional or sectoral EA). • Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from project to project, but it is narrower than that of Category A EA. Like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). • Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. • Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts. In addition to this, the World Bank's exclusion list forbids financing of certain activities and projects. Several items on the exclusion list are directly related to environmental protection. The exclusion list is given below: - Production or activities involving harmful or exploitative forms of forced labor/harmful child labor - Production or trade in any product or activity deemed illegal under host country laws or regulations or international conventions and agreements - Production or trade in weapons and ammunition - Production or trade in alcoholic beverages (excluding beer and wine) - Production or trade in tobacco - Gambling, casinos and equivalent enterprises - Trade in wildlife or wildlife products regulated under CITES - Production or trade in radioactive materials - Production or trade in or use of unbonded asbestos fibers - Commercial logging operations or the purchase of logging equipment for use in primary tropical moist forest (prohibited by the Forestry policy) - Production or trade in products containing PCBs Kosovo Agriculture and Rural Development Project Environmental Management Framework 15 - Production or trade in pharmaceuticals subject to international phase outs or bans - Production or trade in pesticides/herbicides subject to international phase outs or bans - Production or trade in ozone depleting substances subject to international phase out - Drift net fishing in the marine environment using nets in excess of 2.5 km in length Pest Management Safeguard Policy (OP 4.09) The purposes of OP 4.09 are: (i) to ensure good practices are applied in World Bank financed projects, (ii) avoid excessive use of pesticides, and (iii) promote environmentally sound and sustainable pest management. Its objectives include: (i) minimize the environmental and health hazards related to pesticide usage, (ii) ensure that pest management activities follow an Integrated Pest Management (IPM) approach, and (iii) develop national capacity to implement IPM-based crop protection and pesticide regulation. The overall pest management approach is based on the capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management. OP 4.09 is triggered when: (i) the project involves procurement of pesticides or pesticide application equipment, (ii) the project is expected to introduce new pest management practices or expand or alter existing pest management practices, and/or (iii) the project may lead to substantially increased pesticide use and subsequent environmental and health risks. While the Agriculture and Rural Development Project will not support any of the above, use of pesticide may increase as a result of the agriculture extension services activities and the rural development program. Kosovo Agriculture and Rural Development Project Environmental Management Framework 16 Procedures for Environmental Screening All subprojects to be financed under the KARDP Project will be subject to an environmental review process by the PA and the PMU, incorporating the procedures described in this Framework. These procedures and requirements incorporate the EA requirements under laws and regulations of both Kosovo and the World Bank safeguard policies on Environmental Assessment (OP/BP/GP 4.01) and the World Bank Pollution Prevention and Abatement Handbook (PPAH). The environmental assessment process is carried out to determine the possible positive or negative impacts of proposed subprojects; to evaluate precautions to be taken to prevent or minimize these negative impacts. For any subproject (activity, grant or on-farm trial) financed under the KARDP, the PMU is responsible for assuring that (a) all Kosovo environmental procedures and approvals are in place before a final financing decision under the Project is made, (b) complete supporting files are available, and (c) any additional safeguard requirements of the World Bank are met. The Project will not finance activities that require a full EIA per Kosovo legislation or that are similar to a World Bank Category “A” project. There are situations that would require preparation of an EIA: (a) the subproject may be on a regulatory list for which an EIA is mandatory, or (b) by reviewing the subproject Preliminary EIA (part of the environmental permit application), the Ministry determines a full EIA is required. Regardless of the procedures any subproject subject to a full EIA would be ineligible for financing under the Project. Subproject Environmental Assessment Procedures The seven elements of subproject EA procedures are listed below: Compliance with local EA requirements: If the local requirements ask for a full or profound EIA study or report, the sub-project will not be eligible for financing. For all other projects, for which an environmental permit is not required or is issued without additional documents, or for which the ministry requires a partial EIA and Subproject Environmental Assessment Procedures are met, the PA and the PMU must demonstrate that all local EA requirements have been met. The sub-borrowers will be responsible for meeting Kosovo environmental permitting requirements and confirming that any and all environmental clearances, permits, licenses etc. necessary for the subproject have been obtained from the relevant authorities. This provision includes all potential changes in the Kosovo environmental legislation that may occur during any of the phases of the Project. The PA and the PMU should verify that they have in its subproject files: (a) all the required local EA documentation; (b) official approvals for the documentation from responsible authorities for protection of environment, and (c) copies of the environmental permit. If any of this documentation is not in the files, the PA should collect missing documentation from the sub-borrower. 8. Screening: Under the Kosovo system sub-projects are evaluated by MESP to determine whether or not an EA is required. Under the World Bank system, sub-projects will be categorized in accordance with the following four screening categories. Kosovo Agriculture and Rural Development Project Environmental Management Framework 17  Category I (Low Risk): subprojects whose environmental impacts are expected to be negligible, for which no environmental evaluation will be required. These projects will only have the environmental screening checklist on file (for which all of the answers will be “no”).  Category II (Intermediate Risk): subprojects with impacts that can be readily identified and standard preventative and/or remedial measures can be prescribed without a full EIA. Mitigating measures are standard and are usually just good housekeeping or good engineering practice. These projects will require an ESMP or an ESMP Checklist in cases of simple construction works.  Category III (High Risk - Not Eligible for Financing): subprojects which may have potential and highly significant or irreversible environmental impacts, the magnitude which are difficult to determine at the project identification stage (these will probably be identified in the first step and determined as a full EIA as per Kosovo regulations)  Category IV(Not eligible for financing): subprojects or enterprises involved in the manufacture or use of dangerous or illegal materials. (or activities that are on the exclusion list from being financed by the WB). Any sub-project which the PA and the PMU determines, based on the use of check-lists included in this ESMF, to have impacts that are modest (of limited extent, temporary and readily managed with conventional construction or operational practices) should be assigned Category II (Intermediate Risk) or if the impacts are minor or so negligible that no particular measures for environmental protection are needed the PFIs should assign the project Category I (Low Risk). ONLY CATEGORY I OR CATEGORY II SUB-PROJECTS WOULD BE ELIGIBLE FOR FINANCING UNDER THE WORLD BANK PROJECT. 9. Documentation: An Environmental and Social Management Plan (ESMP) would be required for sub-projects categorized as Category II. The format for a comprehensive ESMP is presented in Appendix 5. For subprojects that have a number of items screened as modest impact or viewed as presenting a possible environmental risk, the full ESMP as presented in Annex B is recommended. However, in simpler projects with few or one item presenting a modest impact, an abbreviated ESMP would suffice. In the minimal case and as determined by the PA and the PMU, for small construction works and ESMP checklist will be used, according to the template given in Annex. The sub-borrower is responsible for preparing the ESMP. The PMU with assistance from the relevant PMU may assist the sub-borrower in this task. If the sub-borrower refuses to prepare the ESMP, the subproject would be ineligible to access funds from the Project. 10. Public Consultation: It is the Borrower’s responsibility with the assistance of the PMU to conduct a disclosure and public consultation of the prepared ESMPs. The PMU shall remind the Borrower of the requirements for a public consultation and include the documentation from the public consultations in the subproject file. The public consultations will be carried out in the closest and most suitable location to the sub-project location, and will be announced through the daily paper, bulletin boards in municipalities or other official offices, and will be targeted to inform and include majority of stakeholders for each given sub-project. Careful attendance and minutes of meeting will be taken, and projects would need to be adjusted in order to accommodate for all pertinent Kosovo Agriculture and Rural Development Project Environmental Management Framework 18 recommendations made during the public consultations. The ESMPs will also be adjusted accordingly. 11. Disclosure The sub-borrower is responsible for disclosing the ESMP (both the draft ESMP used for consultations and the final ESMP revised following comments received during consultations) in a public place (library, municipal or government building etc.) near the project site. Alternatively, the sub-borrower may place the ESMP on the enterprise website, and place a notification in the local media (e.g. newspaper) as to where the ESMP may be viewed. The PMU and where necessary the PA should assist with this process. 12. Review and Approval The PMU and/or the PA is responsible for reviewing and approving the ESMP. For subprojects that have prepared and require either the full ESMP or ESMP Checklist, because the subproject had a number of items screened as modest impact or viewed as presenting a possible environmental risk, the PMU should obtain the final and updated ESMP before offering an approval. Only after receiving ESMP approval would subprojects be eligible for KARDEP funds. 13. Monitoring and Reporting As part of normal supervision activities the PMU will perform desk and field-based supervision functions to assure compliance by the sub-borrower with environmental obligations specified in the loan agreement. The PMU will interact with relevant environmental compliance and enforcement authorities as needed in this regard. The PMU is required to complete the check-list assessment for each activity, grant or on-farm trial that is proposed. This check-list will be kept on file with the records related to each of the sub- project activities. In case of significant environmental impact (category II) the PMU will also ensure all provisions related to development of an ESMP and public consultations. Kosovo Agriculture and Rural Development Project Environmental Management Framework 19 Check-List for Environmental Screening Environmental Issues Yes/No Specific Features Mitigation Measures (circle or list) (circle) Air Quality Protection 1. Will the emission of pollutants into the Yes a) Vent for air and fumes atmosphere be significantly different from b) Ventilation standard emissions due to heating and will No c) Filters for absorbing odors c) Water suppression of dust there be additional requirements for d) works done during regular, releases? established hours e) Other (please state) Will the activity also generate noise and/or dust during the primary activities? Water Quality Protection 2. Will the sub-project generate additional Yes a) Lagoon or a septic tank releases of wastewater? b) Separate wastewater collection No system c) Controlled use of pesticides and artificial fertilizers according to best EU practices d) Other (please state) Waste Generation 3. Will the sub-project generate significant Yes a) Manure will be used as fertilizer in a amounts of waste (organic, construction or controlled and planned use any other type of municipal solid waste)? No b) Manure and other organic wastes will be sold c) Collection and transport to landfill/disposal site d) Construction waste will be disposed of at authorized municipal sites e) topsoil will be stored and re-used f) other (please state) 4. Can the waste generated within the Yes a) Storage and disposal according to activity be classified as hazardous? regulations No b) Transport according to regulations c) Contract with a specialized disposal firm d) Other (please state) Nature – living environment 5. Will this activity endanger the Yes a) Land is being used in accordance naturalenvironment, protected areas, with category endemic No b) There are no nearby protected areas plant and animal species or fungi placed c) No use of endemic or protected under protection or that are awaiting species Kosovo Agriculture and Rural Development Project Environmental Management Framework 20 proclamation as a protected area or d) Other (please state) landscape? Nature – non-living environment 6. Will this activity include changes in the Yes a) Minimal land-use changes – within predicted land-use and will it include the same works that might endanger the soil/land No category (logging, planting new species...) b) Land-use change authorization c) Planned activities will not endanger soil/land d) Other (please state) Rural Landscape 7. Will the activity contribute to changes in Yes a) Activity is appropriate for rural rural landscape? environment No b) Change in the type of machinery or material used c) This activity is traditionally conducted in this environment d) Other (please state) Social Aspects 8. Will the neighboring residents or Yes commercial subjects object to the subject activity being carried out? No 9. Can the applicant can present evidence Yes If, NO, the project is not eligible OR need to identify other of ownership or voluntary donation of the site site for realizing the project? No 10. Will the implementation of the sub- Yes If, YES, the project is not eligible OR need to identify other project result in the displacement of any of site any third parties formally or informally No occupying or using the land on which it will be implemented? 11. Will the investment (irrigation Yes If Yes, than the Radonici scheme higher certified agriculture component) need temporary land access to assessor to estimate crop damages and sign a contract for carry on rehabilitation works? crop damage compensation and obligation that the used land is put back in original condition. OPINION: (Please circle) 1. YES - SUB-PROJECT REQUIRES ESMP 2. NO - ACTIVITY ENVIRONMENTALLY AND SOCIALLY NOT ACCEPTABLE Kosovo Agriculture and Rural Development Project Environmental Management Framework 21 The interviewer (representative of the PMU – Ministry of Agriculture) fills out the form, entering additional brief facts and circumstances in the column labeled “Specific Features” in order to support the responses given. Environmental screening of small scale activities should be based on evaluation of responses to the checklists. If one or more responses to the questions in the checklist are “yes” then the proje ct will have associated environmental impacts, and an ESMP will need to be produced. The mitigation measures provided in the check-list will be a guiding starting point for the development of the ESMPs. For simple construction works that will include construction or re-construction within an existing footprint, the ESMP checklist will be used. A template of this ESMP Checklist is provided in Annex 4. The activity approval process requires that all of the proposed mitigation measures be agreed upon and accepted for implementation by the applicant. The checklists should be safeguarded within the documentation for each specific activity, as a first step in environmental screening. Based on the check- list, the PMU will determine whether the proposed activity requires an ESMP (one or more “yes” responses in the Checklist). Furthermore, if the proposed activity involves only simple construction works then the PMU will advise the end-user to use the ESMP Checklist, as provided in Annex __. Either the ESMP or the ESMP Checklist will be further included in the files, and will be regularly used for monitoring and ensuring compliance with the proposed mitigation measures. Kosovo Agriculture and Rural Development Project Environmental Management Framework 22 Environmental Management Plans for Sample Activities Kosovo Agriculture and Rural Development Project Environmental Management Framework 23 Environmental Management Plan for the Manure Pit Cost Institutional Responsibility Comments /Septic Tank Construction (e.g. secondary impacts) Phase Issue Mitigating Monitoring Install / Monitor Install/Operate Monitor Measure Measures Operate Constructio Dust and noise Limit work on site to Monitor complaints 1 m3 of water Cost of Workers / Contractor n generated during times when noise from neighbors, for dust measure Contractors and PMU construction disruptions are allowed visually ensure dust suppressing: ments of For prolonged work, generation is Cost noise ensure noise levels are acceptable 1 m3 water = levels: acceptable Monitor working 0.01-0.02 euro 250 Euro In case of significant hours and noise dust emissions use levels (audibly) Cost of water to suppress dust In cases of standard complaints run air noise level quality monitoring and air monitori quality monitoring ng 1 set: 1,000 Euro app. Constructio Exhaust Ensure use of best Monitor types of Workers / Workers and n emissions and available machinery machinery used and Contractors PMU vibrations from Do not allow idle running the machinery machinery to idle Constructio Soil pollution Maintenance of Visually inspect for Cost of Workers / Workers and n caused by oil and machinery at approved signs of leaks excavating Contractors PMU grease leakage sites 1m3 of soil Storage of machinery with spill on non-permeable COST 1m3 = surfaces 3-5 euro Clean-up of spills procedures in place Kosovo Agriculture and Rural Development Project Environmental Management Framework 24 Constructio Soil and water Ensure proper waste Visually Cost to Workers / Farmer, n pollution from management at Maintain receipts transport waste Contractors Workers and improper waste designated landfill sites from designated per kilometer PMU management Maximize reuse, landfill site for all to site especially of inert construction wastes (approximately materials and useful 20 km) topsoil Cost 20km = 3,5-5 euro Constructio Aesthetic Use intert excavated Visually Workers / Farmer, n degradation from materials for Designate area for Contractors Workers and piling of inert landscaping storage of topsoil or PMU materials and /or excavated topsoil Reuse topsoil materials, conduct visual inspections Properly store all inert of site materials to avoid sliding or aesthetic degradation Operation Odor generation Use green buffer zones Monitor complaints Greenery for 1 Final user Farmer, or odor suppressing from neighbors m 60-80 euro /farmer Workers and covers if working in length PMU densely populated areas Ensure regular maintenance/ collection and emptying of tank Operation Aesthetic Ensure that the Visually monitor Final user Farmer, degradation constructed tanks fit /farmer and Workers and into the surroundings workers PMU Operation Uncontrolled Ensure adequate Visually inspect the Cost of Final user Farmer, releases from the collection of levels in the tank emptying /farmer and Workers and septic tank or wastewater and sludge Ensure receipts septic tank: workers PMU overfilling will collected in the tank by from authorized app. 200 Euro lead to pollution authorized services collection services of soil and water which will adequately and pose a health treat the wastewater threat and sludge Kosovo Agriculture and Rural Development Project Environmental Management Framework 25 Operation Safety of the Ensure that the septic Visually ensure Final user Farmer, animals and tanks are not a threat to design and location Cost of 1m /farmer and Workers and humans animals and humans, of septic fence 3-3.5 workers PMU covers are in place or tank/manure euro adequate fencing platform does not pose a threat Kosovo Agriculture and Rural Development Project Environmental Management Framework 26 Environmental Management Plan for construction of Cost Institutional Responsibility Comments fruit and vegetable storage (e.g. secondary impacts) Phase Issue Mitigating Monitoring Measures Install / Monitor Install/Operat Monitor Measure Operate e Construct Dust and noise Limit work on site to Monitor complaints 1 m3 of water Workers / Contractor ion generated during times when noise from neighbors, for dust Contractors and PMU construction disruptions are allowed visually ensure dust suppressing: For prolonged work, generation is ensure noise levels are acceptable 1 m3 water = acceptable Monitor working 0.01-0.02 euro In case of significant hours and noise levels dust emissions use (audibly) water to suppress dust Construct Exhaust Ensure use of best Monitor types of Workers / Workers and ion emissions and available machinery machinery used and Contractors PMU vibrations from Do not allow idle running the machinery machinery to idle Construct Soil pollution Maintenance of Visually inspect for Cost of Workers / Workers and ion caused by oil and machinery at approved signs of leaks excavating Contractors PMU grease leakage sites 1m3 of soil Storage of machinery with spill on non-permeable COST 1m3 = surfaces 3-5 euro Clean-up of spills Construct Improper siting Location of buildings Ensure siting is N/A Final ion of storage facility on sites with low adequate prior to start user/farmer can cause losses productivity, efficient of works and of productive design to minimize space/design is land space required sufficient Construct Soil and water Ensure proper waste Visually Cost to Workers / Farmer, ion pollution from management at Maintain receipts transport waste Contractors Workers and improper waste designated landfill sites from designated per kilometer PMU management Maximize reuse, landfill site for all to site Kosovo Agriculture and Rural Development Project Environmental Management Framework 27 especially of inert construction wastes (approximately materials and useful 20 km) topsoil Cost 20km = 3,5-5 euro Construct Aesthetic Use intert excavated Visually Workers / Farmer, ion degradation from materials for Designate area for Contractors Workers and piling of inert landscaping storage of topsoil or PMU materials and /or excavated materials, topsoil Reuse topsoil conduct visual inspections of site Properly store all inert materials to avoid sliding or aesthetic degradation Operation Noise generation Use green buffer zones Monitor complaints Greenery for 1 Final user Farmer, or noise suppressing from neighbors m length /farmer Workers and covers if working in 60-80 euro PMU densely populated areas length COSTS of cover Operation Aesthetic Ensure that the Visually monitor Final user Farmer, degradation constructed storage for /farmer and Workers and fruit and vegetable fit workers PMU into the surroundings Operation Inadequately Establish proper Visual inspection of Final user Farmer, managed wastes management of wastes fruit and vegetable /farmer and Workers and may cause with collection bins on wastes being workers PMU degradation to premises discarded improperly soil and water Establish, if possible, bodies and composting of fruit and aesthetic vegetable waste degradation Kosovo Agriculture and Rural Development Project Environmental Management Framework 28 Operation Maintaining Ensure drainage canals Ensure there are no Final user Farmer, hygiene/cleaning (either open or closed) signs of water /farmer and Workers and can cause in the facility spillages or releases workers PMU degradation of Connect drainage into the environment environment if system to septic tank or wastewater is not wastewater connection collected and of the farm adequately treated Operation Ozone depletion Use refrigerators that Check certification of Final user Farmer, can occur if run on hydro- the refrigeration /farmer and Workers and refrigerating fluorocarbon as coolant facility and monitor workers PMU facilities are used through specifications that run on Freon (during procurement) or ammonia Operation Safety in general Ensure that the Visually ensure Cost of cover Final user Farmer, for surrounding constructed storage for design and location of Cost of fence /farmer and Workers and environment fruit and vegetable are constructed storage 1m fence 3-3.5 workers PMU (human, animals not a threat to for fruit and vegetable euro and plants) environment in general does not pose a threat and its placed in adequate place Kosovo Agriculture and Rural Development Project Environmental Management Framework 29 Environmental Management Plan for milk collection Cost Institutional Comments systems Responsibility (e.g. secondary impacts) Phase Issue Mitigating Monitoring Install / Monitor Install/Operate Monitor Measure Measures Operate Construction Dust and noise Limit work on site to Monitor complaints 1 m3 of water Workers / Contrac generated times when noise from neighbors, for dust Contractors tor and during disruptions are allowed visually ensure dust suppressing: PMU For prolonged work, generation is construction ensure noise levels are acceptable COST=1 m3 acceptable Monitor working water = 0.01- In case of significant hours and noise 0.02 euro dust emissions use levels (audibly) water to suppress dust Construction Exhaust Ensure use of best Monitor types of Workers / Worker emissions and available machinery machinery used and Contractors s and vibrations from Do not allow idle running PMU the machinery machinery to idle Construction Soil pollution Maintenance of Visually inspect for Cost of Workers / Worker caused by oil machinery at approved signs of leaks excavating Contractors s and and grease sites 1m3 of soil PMU leakage Storage of machinery with spill on non-permeable COST 1m3 = surfaces 3-5 euro Clean-up of spills Kosovo Agriculture and Rural Development Project Environmental Management Framework 30 Environmental Management Plan for milk collection Cost Institutional Comments systems Responsibility (e.g. secondary impacts) Phase Issue Mitigating Monitoring Install / Monitor Install/Operate Monitor Measure Measures Operate Construction Soil and water Ensure proper waste Visually Cost to Workers / Farmer, pollution from management at Maintain receipts transport waste Contractors Worker improper waste designated landfill sites from designatedper kilometer s and management Maximize reuse, to landfill site for all site PMU especially of inert construction wastes (approximately materials and useful 20 km) topsoil Cost 20km = 3,5-5 euro Operation Odor Ensure collection Monitor complaints Greenery for 1 Final user Farmer, generation center is adequately from neighbors m /farmer Worker spaced from sensitive length COSTS s and neighborhoods Sanitary inspection 60-80 euro PMU Ensure adequate approval length hygienic practices are established and implemented Prevent spills into areas that are hard to clean up Use green buffer zones for minimization of odor spreading Operation Aesthetic Ensure that the Visually monitor, Final user Farmer, degradation constructed milk review of design /farmer and Worker collection center will and final location workers s and fit into the selection PMU surroundings Kosovo Agriculture and Rural Development Project Environmental Management Framework 31 Environmental Management Plan for milk collection Cost Institutional Comments systems Responsibility (e.g. secondary impacts) Phase Issue Mitigating Monitoring Install / Monitor Install/Operate Monitor Measure Measures Operate Operation Safety for Ensure milk collection Visually ensure Final user Farmer, environment center is not placed in design and location /farmer and Worker the vicinity of sensitive of collection milk workers s and Safety for end areas, watercourses, center is not PMU users protected areas or causing similar environmental Poor hygiene threats may lead to Ensure proper odors and procedures for Compliance with health threats maintenance of the procedures with milk collection center spot checks as required by Sanitary inspections Kosovo Agriculture and Rural Development Project Environmental Management Framework 32 Capacity Building and Institutional Strengthening A dedicated Project Management Unit (PMU) would be established within the MAFRD for the daily management, administration and coordination of the project, including procurement, financial management, reporting and monitoring and evaluation. In addition to the core team comprising a Project Manager, Procurement Specialist, Financial Management Specialist and technical specialists (environment, monitoring and evaluation), and administrative staff, the PMU would also hire additional specialists/staff on a part time basis as needed. While the overall M&E of the project will be undertaken by the PMU, water quality monitoring will be undertaken by the Institute of Hydrometeorology (Hydromet), within the MESP that has the primary responsibility for such monitoring. The figure below depicts the main institutions and functions related to agri-environmental issues in Kosovo. The officers approving applications for grants will also undergo training for environmental screening of projects, as per the Environmental Management Framework and procedures defined here-in. The PMU will also hire a fulltime environmental specialist that will review the project documents, ensure the proper screening procedure was followed and conduct spot checks on the compliance of project activities with the environmental requirements. In addition, the spot checks will be used to ensure that the adequate mitigation and monitoring measures, as defined in the ESMPs or ESMP Checklists for each sub-project activity requiring such documents, are implemented. The environmental specialist ((fulltime ) will also propose measures to rectify the non-compliance with the ESMP documents, if such non-compliance is noted, and make reports of spot checks on farms. Disclosure and Public Consultations Kosovo Agriculture and Rural Development Project Environmental Management Framework 33 The Environmental Management Framework document has been disclosed on the Ministry of Agriculture, Forestry and Rural Development in three languages in September 2010. The Public consultations were announced in five daily newspapers on September 30, 2010. Key stakeholders, including representatives of other ministries, institutions and NGOs have been sent individually, in addition to the announcement. The public consultations were held on October 11, 2010 in Hotel Grand in Prishtina, while two group consultations took place in the Ministry on September 30 and October 1. There have been no major objections to the ESMF document, and the comments included a review of the pesticide list, to account for the 60 days environmental permit processing time by the Ministry of Environment and Spatial Planning and to focus on the environmental value of the Project. Details of the Public Consultations and Disclosure are attached in Appendix 1. The updated Environmental Management Framework of ARDP as per December 2016 last reviews, has been disclosed at the web page of Ministry of Agriculture, Forestry and Rural Development www.mbpzhr-ks.org on January 2017. Kosovo Agriculture and Rural Development Project Environmental Management Framework 34 INTEGRATED PEST MANAGEMENT PLAN Kosovo Agriculture and Rural Development Project Environmental Management Framework 35 Introduction The Kosovo Agriculture and Rural Development Project has been classified as an environment category B and triggers the safeguard policy on Environmental Assessment. In addition, the project triggers the safeguard policy on Pest Management. Considering the potential environmental and overall impacts associated with improper pesticide use and impacts associated with increased agricultural production, it is clear that a pest management plan needs to be in place. Through the provisions of this Pest management Plan the Project Management Unit will ensure all the pesticides that are allowed (or authorized and registered) to be used in the safest way possible. The KARDP project does not provide for financing or purchases of any pesticides nor will it support introduction of new pest management practices, or lead to substantial increases in the pesticide use. However, with the agricultural extension services activities and the rural development program, the use of pesticides may somewhat increase, and the Project is therefore subject to this IPMP. The IPMP provides a framework for the development of an Integrated pest management program for field crops and livestock in the project areas, which would help identify, understand and manage pest problems in the development of agriculture, and as such adequately protect the human and animal health as well as the environment from the associated negative impacts. In addition, the IPMP will help protect the natural ecosystem and the natural agents which are beneficial and which fight the pests, pollinate, etc. The IPMP will also help establish a framework for critical analysis of activities such as introduction of invasive species, transport and storage of pesticides, management of pesticide residues and waste packaging, and other pesticide use externalities. The IPMP will also bind together the activities of the MAFRD, education and awareness raising, other projects and activities of organizations for integrated pest management. Based on this Plan, the MAFRD team (PMU) would develop targeted programs for farmers that would educate and raise awareness. In addition, the PMU will establish a system for monitoring and evaluation in order to ensure compliance with the IPMP. Some of the potential pest and pest management issues are given in the table below: Project activity/result/issue Potential issue Mitigation measure Inability to recognize need for proper Improper pest management type in Include analysis and establishing the pest management may lead to improper amounts may be need for pest management as a first improper use of pesticides administered step in all education works Increase in agricultural productivity Increased use and therefore reliance Raise awareness and implement while conserving natural resource on chemical pesticides IPMP base Increase in incomes from increased Changes in pest management Raise awareness and implement agricultural production practices IPMP, promote natural pest management practices Promotion of exports of agricultural Pesticide use may jeopardize product Raise awareness and implement Kosovo Agriculture and Rural Development Project Environmental Management Framework 36 products quality and render it unacceptable IPMP. Make sure farmers are aware of such standards and requirements. Training in agricultural Pest management needs to comply Include IPMP in training curriculum, intensification, changes in practices with the IPMP provide details on specific methods to be used Availability of pesticides to untrained Lack of training may lead to Ensure farmers attend training, farmers poses a risk improper usage conduct monitoring and evaluation, clearly communicate lists of recommended versus lists of banned pesticides Improper storage of pesticides and Lack of training may lead to Ensure farmers attend training, with improper management of pesticide improper storage and waste specific measures for storage and packaging wastes and residue management posing a threat to the management. pesticides poses a threat environment and human health The proper integrated pest management includes the overall cycle, made up of the following components: 1. Establishing the need for pest management 2. Selecting appropriate pesticides 3. Promotion of alternative methods of pest management 4. Safe transportation and storage of pesticides 5. Implementation and application (in allowed doses) of pesticides and 6. Management of remained/ unused pesticides packages 7. Education of farmers for all segments of pest management (from establishing the need to management of pesticide wastes) The key objective of this plan and of the trainings related to and promoting proper pest management is to keep pests below economically harmful levels, not to exterminate them. Application rates must always be in accordance with the rates recommended by the original manufacturer. This is not only necessary for environmental protection reasons, it also contributes to overall cost effectiveness of the activity. Requirements of the World Bank OP 4.09 This Integrated Pest Management Plan addresses the need of KARDP to monitor and mitigate negative environmental (and health) impacts of the project by promoting ecosystem based pest management, implementation of which will lead to compliance with the World Bank Safeguard Policy OP 4.09 on Pest Management. The purposes of OP 4.09 are: (i) to ensure good practices are applied in World Bank financed projects, (ii) avoid excessive use of pesticides, and (iii) promote environmentally sound and sustainable pest management. Its objectives include: (i) minimize the environmental and health hazards related to pesticide Kosovo Agriculture and Rural Development Project Environmental Management Framework 37 usage, (ii) ensure that pest management activities follow an Integrated Pest Management (IPM) approach, and (iii) develop national capacity to implement IPM-based crop protection and pesticide regulation. The overall pest management approach is based on the capacity of the country’s regulatory framework and ins titutions to promote and support safe, effective and environmentally sound pest management. The World Bank Safeguard Policy OP 4.09 stipulates that “in assisting borrowers to manage pest that affect either agriculture or public health, the Bank supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides” and “in appraising a project that will involve pest management, the Bank assesses the capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management. As necessary, the Bank and the borrower incorporate in the project components to strengthen such capacity”. Furthermore, “the Bank does not finance formulated products that fall in WHO classes 1A and 1B or formulations of products in Class II, if (a) the country lacks restrictions on their distribution and use ; or (b) they are likely to be used by, or be accessible to, lay personnel, farmers or others without training, equipment and facilities to handle, store and apply these products properly”. Institutional Responsibility and Legal Background The Project Management Unit will be responsible for the activities on implementing this Integrated Pest Management Plan. The PMU, as a part of the MAFRD will coordinate additional activities that the Ministry may undertake, especially in relation to GAP and EuroGAP practices and norms. The PMU will ensure implementation of the IPMP through trainings, supervision over activities on farms and in the final instances monitoring and evaluation of project activities and compliance with the IPMP. The PMU will formulate an annual work plan for the implementation of the IPMP, incorporating plans and costs for: (i) training sessions for staff, (ii) training sessions with venue, accessibility and materials for farmers, (iii) potential demonstration activities for farmers, (iv) field visits to ensure compliance or provide advice, (v) coordination with other units of MAFRD. This IPMP takes into consideration the laws on pesticides and pest management in force in Kosovo, such asthe: Administrative Instruction 09 / 2009 Authorization for certification of Plant Protection Products and the Administrative Instruction 13 / 2009 Determining of conditions, facilities and equipment for placement of plant protection products on the market. In addition, the IPMP observes the EU Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances and Council Directive 91/414/EEC concerning the placing of plant protection products on the market. The IPMP also provides a list of pesticides according to the World Health Organization Classification of Pesticides. Training and Education on Integrated Pest Management Practices Within the MAFRD, some trainings and activities have been conducted related to the proper use of pesticides, and having exposed key staff to some of the elements included in the rigorous provisions and criteria as set forth by the Directives of the European Union. The KARDP project will also envisage, develop and provide trainings based on the Good Farming Practices (Appendix 3) and the Integrated Pest Management Plan, both to the staff dealing with these issues (trainers) Kosovo Agriculture and Rural Development Project Environmental Management Framework 38 and on-site with the farmers (the end users). The trainings will follow all seven areas defined above, with an emphasis on how the need for pest management is established, the right usage of the right type of pesticide, and promote rational, educated use. In addition, the trainings targeted towards the farmers will provide practical provisions on storage of pesticides, potential threats and management of remaining chemicals or their containers. In addition, KARDP will also provide training and education for farmers on pesticide use and occupational health protection measures, in order to ensure farmers know how to handle given chemicals. The intense trainings will be delivered in selected regional locations or on one central location regarding good farming practices (Appendix 3). A series of intense trainings will be conducted by MAFRD in selected regional locations or on one central location for all farmers in GAP certification processes – in order to introduce GAP and EuroGAP norms, classification and planting, management and control of pests, integrated pest management. Kosovo Agriculture and Rural Development Project Environmental Management Framework 39 Plant Production Products authorized for use in Kosovo as per Law nr 03/L – 042 - On Plant Protection Products, Administrative Instruction 09 / 2009 Authorization for certification of Plant Protection Products, and Administrative Instruction 13 / 2009 Determining of conditions, facilities and equipment for placement of plant protection products on the market Updated Register list of Plant Production Products authorized for use in Kosovo of date 23.07.2015 Kosovo Agriculture and Rural Development Project Environmental Management Framework 40 Kosovo Agriculture and Rural Development Project Environmental Management Framework 41 Kosovo Agriculture and Rural Development Project Environmental Management Framework 42 Kosovo Agriculture and Rural Development Project Environmental Management Framework 43 Kosovo Agriculture and Rural Development Project Environmental Management Framework 44 Kosovo Agriculture and Rural Development Project Environmental Management Framework 45 LEGEND: T+ High toxic product can cause death for living organism T Toxic products can cause death of living organism Xn Harmful products for humans and animals X Product irritant to the eyes and respiratory organs Xi Irritant products N product dangerous to the environment Ia Extremely hazardous Ib Highly hazardous II Moderately hazardous III Slightly hazardous U Unlikely to present acute hazard Kosovo Agriculture and Rural Development Project Environmental Management Framework 46 Pesticide Classification List – WHO (source: The WHO Recommended Classification of Pesticides by Hazard and Guidelines to Classification, 2009). Table 1. Extremely hazardous (Class 1a) technical grade active ingredients of pesticides – NOT permissible in the project Aldicarb Difethialone Parathion-methyl Brodifacoum Diphacinone Phenylmercury acetate Bromadiolone Disulfoton Phorate Bromethalin Ethoprophos Phosphamidon Calcium cyanide Flocoumafen Sodium fluoroacetate Captafol Fonofos Sulfotep Chlorethoxyfos Hexachlorobenzene Tebupirimfos Chlormephos Mercuric chloride Terbufos Chlorophacinone Mevinphos Difenacoum Parathion Table 2. Highly hazardous (Class 1b) technical grade active ingredients of pesticides – NOT permissible in the project Acrolein Ethiofencarb Omethoate Allyl alcohol Famphur Oxamyl Azinphos – ethyl Fenamiphos Oxydemeton-methyl Azinphos – methyl Flucythrinate Paris green (C) Blasticidin – S Fluoroacetamide Pentachlorophenol Butocarboxim Formetanate Pindone Butoxycarboxim Furahiocarb Pirimphos-ethyl Cadusafos Heptenophos Propaphos Calcium arsenate Isazofos Propetamphos Carbofuran Isofenphos Sodium arsenite Chlorfenvinphos Isoxathion Sodium cynide 3-chloro-1,2-propanediol Lead arsenate Strychnine Coumphos Mecarbam Tefluthrin Coumatetralyl Mercuric oxide Thallium sulfate Zeta-cypermethrin Methamidophos Thiofanox Demeton-S-methyl Methidathion Thiometon Dichlorvos Methiocarb Triazophos Dicrotophos Methomyl Vamidothion Dinoterb Monocrotophos Warfarin Edinofenphos Nicotine Zinc phosphide Kosovo Agriculture and Rural Development Project Environmental Management Framework 47 Table 3. Moderately hazardous (Class II) technical grade active ingredients of pesticides (common name) - not permissible in the project Alanycarb Endosulfan Paraquat Anilofos Endothal-sodium Pebulate Azaconazole Esfenvalerate Permethrin Azocyclotin Ethion Phenthoate Bendiocarb Etrimfos Phosalone Bensulide Fenitrothion Phoxim Bifenthrin Fenobucarb Piperophos Bilanafos Fenpropidin Pirimicarb Bioallethrin Fenpropathrin Prallethrin Bromoxynil Fenthion Profenofos Brobuconazole Fentin acetate Propiconazole Bronopol Ferntin hydroxide Propoxur Butamifos Fenvalerate Prosulfocarb Butylamine Fipronil Prothiofos Carbaryl Fluxofenim Pyraclofos Carbosulfan Formothion Pyrazophos Cartap Fuberidazole Pyrethrins Chloralose Gamma-HCH Pyroquilon Chlordane Guazatine Quinalphos Chlorfenapyr Haloxyfop Quizalofop-p-tefuryl Chlorphonium chloride Heptachlor Rotonene Chlorpyrifos Heptachlor Rotenone Imazalil Sodium fluoride Copper sulfate Iminoctadine Spiroxamine Cuprous Clomazoneoxide loxynil Imidacloprid Suiprofos Sodium hexafluorosilicate Cyanazine loxynil octanoate Terbumeton Cyanophos Isoprocarb Tetraconazole Cyfluthrin Lambda-cynalothrin Thiacloprid Beta-cyfluthrin Mercurous chloride Thiobencarb Cynalothrin Metaldehyde Thiocyclam Cypermethrin Metam-sodium Thiodicarb Alpha-cypermethrin Methacrifos Triazamate Cyphenothrin Methasulfocarb Trichlorfon Deltamethrin Methyl isothiocyanate Tricyclazole Diazinon Metolcarb Tridemorph Difenzoquat Metribuzin Vernolate Dimethoate Molinate Xylylcarb Dinobuton Nabam Diquat Naled Kosovo Agriculture and Rural Development Project Environmental Management Framework 48 Table 4. Slightly hazardous (Class III) technical grade active ingredients of pesticides (common name) - permissible in the project under IPMP Acephate Chlormequat (chloride) Dichlorbenzene Acetochlor Chloracetic acid Dichlorophen Acifluorfen Chlorthiamid Dichlorprop Alachlor Copper hydrixide Diclofop Allethrin Copper oxychloride Dienochlor Ametryn Cucloate Diethyltoluamide Amitraz Cyhexatin Difenoconazole Azamethiphos Cymoxanil Dimepiperate Bensultap Cyproconazole Dimethachlor Bentazone Dazomet Dimethamethryn Bromofenoxim Desmethryn Dimethipin Butroxydim Dicamba Dimethylarsinic acid Chinomethionat Dichlormid Diniconazole Table 5. Technical grade active ingredients of pesticides unlikely to present acute hazard in normal use (Common name) -permissible Aclonifen Fenoxycarb Oxine-copper Acrinathrin Fenpiclonil Oxyfluorfen Aminopyralid Ferbam Pencycuron Amitrole Florasulam Penoxsulam Anthraquinone Flucarbazone-sodium Pentanochlor Azimsulfuron Flucycloxuron Phenmedipham Azoxystrobin Fludioxonil Phenothrin Benfluralin Flumetralin Phosphorus acid Benomyl Flumetsulam Phthalide Benoxacor Fluometuron Picloram Bensulfuron-methyl Flupropanate Piperonyl butoxide Bifenazate Flupyrsulfuron Pretilachlor Bifenox Flurenol Primisulfuron Bioresmethrin Fluridone Procymidone Bitertanol Fluroxypyr Prodiamine Boscalid Fluthiacet Propamocarb Bromacil Flutolanil Propaquizafop Bromobutide Folpet Propazine Bromopropylate Fosetyl Propham Captan Gibberellic acid Propineb Carbendazim Hexaflumuron Propyzamide Carbetamide Hexythiazox Prothioconazole Carpropamid Hydroprene Pyrazolynate Chloransulam methyl 2-Hydroxyethyl octyl sulphide Pyrazosulfuron Chlorantraniliprole Imazamethabenzmethyl Pyriminobac Chlorfluazuron Imazapyr Pyriproxyfen Chlorothalonil Imazaquin Quinmerac Chlorotoluron Imazethapyr Quinoxyfen Chlorpropham Imibenconazole Quintozene Kosovo Agriculture and Rural Development Project Environmental Management Framework 49 Chlorsulfuron Inabenfide Rimsulfuron Cinosulfuron Iprovalicarb Siduron Clomeprop Isoxaben Simazine Cloxyfonac Kasugamycin Spinetoram Cryolite Lenacil Sulfometuron Cycloprothrin Maleic hydrazide Tebufenozide Cyclosulfamuron Mancozeb Tebutam Cyhalofop Mandipropamid Tecnazene Daimuron Maneb Teflubenzuron Dalapon Mefenacet Terbacil Daminozide Mepanipyrim Tetradifon Desmedipham Mepronil Tetramethrin Dichlofluanid Methoprene Thifensulfuron-methyl Diclomezine Methoxychlor Thifluzamide Diclosulam Methozyfenozide Thiophanate-methyl Diethofencarb Metiram Tiocarbazil Dikegulac Metosulam Tolclofos-methyl Dimethomorph Metsulfuron methyl Tolylfluanid Dimethyl phthalate 2-(1-Naphthyl) acetamide Transfluthrin Dipropyl isocinchomerate Napropamide Triasulfuron Dithiopyr Naptalam Tribenuron Ethalfluralin Neburon Trifloxystrobin Ethirimol Niclosamide Triflumuron Ethofumesate Nicosulfuron Trifluralin Ethyl Nitrothal-isopropyl Triflusulfuron-methyl butylacetylaminopropionate Etofenprox Norflurazon Triforine Famoxadone Novaluron Validamycin Fenchlorazole Noviflumuron Vinclozolin Fenclorim Oryzalin Zineb Fenfuram Oxabetrinil Zoxamide Fenhexamid Oxadiazon Kosovo Agriculture and Rural Development Project Environmental Management Framework 50 APPENDICES Kosovo Agriculture and Rural Development Project Environmental Management Framework 51 Appendix 1: List of Attendees and Minutes of Public Consultations Public consultation and disclosure The Environmental Management Framework document has been disclosed at web-page of Ministry of Agriculture, Forestry and Rural Development, www.mbpzhr-ks.org in three languages (Albania, Serbian and English) in September 2010. The public consultations were announced in (local papers “Zeri”, “Experss”, “Lajm”, “Infopress” and “Koha Ditore” on September 30, 2010. Public consultation and disclosure Public consultation held 11th of October 2010, Premises of Hotel Garnd Kosovo, Prishtina Announcement In major daliy newspapers “Zeri”, “Experess”, “Lajm”, “Infopress” and “Koha Ditore”. Electronic version on the draft document was placed on a publicly accessible internet site www. mbpzhr- ks.org in three languages, mentioned in the newspaper announcement and additionally to the key stakeholders prior to public consultation meeting. Hard copies were also disseminated at the venue prior to meeting. Group consultation Group consultation with the head of agriculture departments of each municipalities Held on 30th of September and 1st of October 2010. Premises of Minsitry of agriculture, Forestry and Rural Development In order to inform them better on document and receive from them feedback on document. Invitation sent Individual telephone and written invitation sent to the key stockholders. Summary : At beginning of public discussion there was a short presentation of the draft document focusing on key points such as: components of the project, objectives, potential environmental impacts, Legislation for EIA etc. Among the others there was stressed that any project that is financed by WB may not be approved without Environment Impact Assessment. The message of this project is the development of the agriculture and rural development project in good environment Kosovo Agriculture and Rural Development Project Environmental Management Framework 52 conditions. Prior to focusing on the draft EIA documents, the attendees of the meeting addressed numerous sectoral problems. With regarding of the draft document EIA contents, a few recommendations were made: Recommendation - To be reviewed list of pesticides. The ESMF document was revised to reflect this comment, in accordance with the Integrated Pest Management plan. - To be accounted time of taken of the Assessment of Environment Impact by the ministry of Environmental and Spatial Planning MESP in the term of 60 working days. - As a focus point to be education of persons on for the Environment issues - the training of general population and end-users (farmers) will be conducted through the public consultations of each specific ESMP for projects which require ESMPs and also through education which will be targeting an integrated principle of using pest management techniques. - To have the largest control to the sellers of inputs and plant products and to train them on handling with inputs / pesticides. The Integrated Pest Management Plan was revised to reflect recommended pesticides and to define times when pesticides are to be used. - To be incorporated component of the Environmental Value. All participants welcomed the environmental framework/ environmental screening approach to be introducing for the first time in the agriculture sector in Kosovo. Taking in consideration these recommendations and based on some further remarks a few minor correction were made on draft document – as noted above. The list of attendees Kosovo Agriculture and Rural Development Project Environmental Management Framework 53 Kosovo Agriculture and Rural Development Project Environmental Management Framework 54 Kosovo Agriculture and Rural Development Project Environmental Management Framework 55 Kosovo Agriculture and Rural Development Project Environmental Management Framework 56 Kosovo Agriculture and Rural Development Project Environmental Management Framework 57 Kosovo Agriculture and Rural Development Project Environmental Management Framework 58 Kosovo Agriculture and Rural Development Project Environmental Management Framework 59 Kosovo Agriculture and Rural Development Project Environmental Management Framework 60 Kosovo Agriculture and Rural Development Project Environmental Management Framework 61 The updated Environmental Management Framework of ARDP, as per December 2016 last reviews, has been disclosed at the web page of Ministry of Agriculture, Forestry and Rural Development www.mbpzhr-ks.org on January 2017. Kosovo Agriculture and Rural Development Project Environmental Management Framework 62 Appendix 2: General Overview of Agricultural Inputs and Related Impacts Significant Environmental Agricultural Inputs Component Seed Pedigree Seed Fertilizers Pesticides Pedigree Livestock Livestock for finishing Land Purchase Tractors Land Preparation Other Farm Small equipment Grain Drying Irrigation Equipment Other Vehicles Storage buildings Facilities Other Fencing Primary Processing Veterinary Services Breeding Services Storage Physical Environment Micro climate Air Quality L L M L L H Water Quality – chemical H H M H M Water Quality – physical H Soil Quality – chemical M H M L H Soil Quality – physical M H H M H H Soil Erosion H H H M M H Soil Fertility M Salinization H Water Logging H Increased surface drainage H H Groundwater losses M H Terrestrial Ecosystems Surface water losses H H Biodiversity loss H H H Loss of natural ecosystems H H Natural forest loss H H L L Other natural vegetation H H H M Weed invasion M H L Invasion of new species H H Kosovo Agriculture and Rural Development Project Environmental Management Framework 63 Significant Environmental Agricultural Inputs Component Seed Pedigree Seed Fertilizers Pesticides Pedigree Livestock Livestock for finishing Land Purchase Tractors Land Preparation Other Farm Small equipment Grain Drying Irrigation Equipment Other Vehicles Storage buildings Facilities Other Fencing Primary Processing Veterinary Services Breeding Services Storage Aquatic Ecosystems Biodiversity loss H H L H Modification of natural M H H M H L H ecosystems Weed invasion H H H L Sedimentation H H H L Socioeconomic Environment Human health and safety H H H H Food contamination H Increased flooding H Increased mudflows/landslides M Desertification M LEGEND: H - potential high impact, M - potential moderate impact, L – potential low impact Kosovo Agriculture and Rural Development Project Environmental Management Framework 64 Appendix 3: Good Farming Practices – Practical Tips and Suggestions AGRICULTURE Always perform soil nutrient analysis prior to sowing/planting. Later on, if possible, repeat every year since variations in nutrients content are possible, in particular of nitrogen content (this is recommended by the European Fertilizer Manufacturers Association - EFMA). Where not feasible, repeat every 3-5 years. Apply nitrogen fertilizer only at times when crops need and can use it in order to prevent unnecessary nitrogen leaks. Whenever possible, conduct subsurface fertilizer application (tillage). This does not apply to drip irrigation and foliar application of water soluble fertilizers. In case of manure application, plough immediately to prevent excessive nitrogen/ammonia evaporative loss. Do not apply fertilizers or manure to frozen, snow-covered, flooded or water-saturated ground, on slopes steeper than 10% (slope 10 m per 100m), or in proximity of surface water courses. Use manure to the extent possible. Generally, if 30-40 tonnes of manure are used on a single location, application rates of synthetic fertilizers can be reduced by 20-30% depending on manure composition and specifics of the location. Rotate plants in order to break up the pest cycle and reduce risk of resistance to pesticides, and rationalize soil nutrient uptake. Restrict manure application to a quantity equivalent to maximum 210 kg nitrogen per hectare per year during first four years, afterwards quantity equivalent to maximum 170 kg nitrogen per hectare. This is in accordance with the Nitrate Directive (Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources). Note: Content of nutrients in manure is variable and should therefore be periodically checked. Maintain record of pesticide and fertilizer use. Use barrier nets or double doors at greenhouse entrances to minimize ingress of spores. Perform regular cleansing of both inner and outer greenhouse panels/foil surfaces, e.g. 2 times a year using a sponge soaked in a mild, low alkalinity soap solution. This helps reduce bacteria presence and ultimately quantities of pesticides. The withhold period prescribed by the original manufacture for each pesticide must be complied with. Keep a record of up-to-date contact telephone for agronomist advice in case of emergency situations. Familiarize with the possible direction of runoff water flow. Storage, application and handling of pesticides Store all pesticides in safe, intact original containers with clear labels, indicating product name, expiry date, main health hazards and first aid measures for events of accidental exposure. Storage room must be locked. Storage building must be stable in the event of storms or other emergency situations such as flooding or earthquakes of typical intensity that may occur in the area. Pesticides must not be stored close to food, water, beverages, or dining areas in general. Store containers on paved ground and provide secondary containment for accidental spills. Do not store pesticides or fertilizers in water protection zones or closer than 150 m from surface water bodies. Prevent ingress of water in storage premises and occurrence of leaks or wash-out due to precipitation or flooding. Identify applicable measures to prevent compaction of chemicals due to elevated humidity. Follow all specific storage instructions provided by the original manufacturer. Get familiar with recommendations on occupational safety and application requirements made by the original manufacturer by carefully reading the Material Safety Data Sheet. Never leave open containers with pesticides unattended. Since pesticides are mostly applied through atomization, attention should be paid as to avoid spraying at times when wind velocity and direction pose a risk of spray drift towards sensitive areas such as surface watercourses, forests and natural habitats. However, in case of unintentional, accidental wind drift of pesticides during application, immediately notify the affected population or users of the affected areas. Kosovo Agriculture and Rural Development Project Environmental Management Framework 65 Keep in mind that the objective of pest management is to keep pests below economically harmful levels, not to exterminate it. Application rates must always be in accordance with the rates recommended by the original manufacturer. This is not only necessary for environmental protection reasons, it also contributes to overall cost effectiveness of the activity. The selection of pesticides is to be based on the following criteria: - biodegradability - toxicity - occupational health and safety risks - availability and cost. In any case refrain from using pesticides banned in any other country, to the extent possible. Application timing should be carefully determined on a case-to-case basis considering weather conditions, likelihood of infection, and stage of a plant's growth. Pay particular attention to the fact that aquatic organisms are very sensitive to most pesticides. Prevent contact of pesticides with children or pregnant women. Respect withhold period recommended by the original manufacturer. Clean application equipment in designated areas preventing uncontrolled release of residual pesticides in drains or contact with drinking water and food. Rinse hands thoroughly with soap and water and change clothing in order to prevent uncontrolled dissipation of traces of residual chemicals. Rinse gloves. Keep records of pesticides used, application rates, as well as any accidents, major spills, fire, flood or other emergency situations, and any massive health problems registered in the surrounding. The records must be made available for insight by appointed PCU representatives. Prevent deliberate release/spills in drains, burning or mixing with regular municipal waste. Keep in a safe, leak proof and stable container away from excessive heat or fire. Prevent undesired access by children or animals. Provide secondary containment for unintentional spills/leaks. Negotiate handback options with the original supplier. Alternatively, arrange proper disposal with an authorized hazardous waste management company. If not feasible, ensure safe long term storage until national schemes for management of hazardous wastes are established. Do not burn or mix empty containers of pesticides with regular municipal waste. Contact local waste management or recycling companies for possible arrangements. ANIMAL HUSBANDRY Maintain good cleanliness and good health of animals. Do not keep poultry close to cattle as to prevent transfer of salmonellae. Do not keep cattle indoors for longer than 4 months per year, unless excessive snowfall or rainfall does not allow this. Allow animals to stay outdoors as long as possible. Provide sufficient quantity of straw on stable floor. Maintain good hygiene and cleanliness of premises (stables, etc.), equipment and tools. Walls and flooring should be easy to clean, facilitating easy drainage of liquids (sloped, but not too slippery floors). Keep consumption of water for cleaning as low as possible. Cleaning frequency should be higher in summer. Provide sufficient windows for good ventilation and sufficient natural light inside stables. Maintain good staff hygiene. Introduce mandatory hand wash prior to / keep hands clean throughout milking. Milking must be carried out hygienically, prevent contamination of milk. Provide a room with cupboards for storage, cleaning and maintenance of miscellaneous material, chemicals, etc. Prevent access of animals to the room. Kosovo Agriculture and Rural Development Project Environmental Management Framework 66 Appendix 4: ESMP Checklist for Simple Construction Works Activities which include simple construction works, can use the ESMP Checklist, as provided below, instead of a full ESMP. The contracts for each of the activities, will also include, as required, an ESMP or an ESMP Checklist in order to ensure that the works contractors conduct their work according to the environmentally sound practices and to take responsibility over certain measures which are directly related to their work (ie. dust suppression, noise limitation, etc). Kosovo Agriculture and Rural Development Project Environmental Management Framework 67 ESMP Checklist for Construction and Rehabilitation Activities General Guidelines for use of ESMP checklist: For low-risk topologies, such as school and hospital rehabilitation activities, the ECA safeguards team developed an alternative to the current ESMP format to provide an opportunity for a more streamlined approach to preparing ESMPs for minor rehabilitation or small-scale works in building construction, in the health, education and public services sectors. The checklist-type format has been developed to provide “example good practices” and designed to be user friendly and compatible with safeguard requirements. The ESMP checklist-type format attempts to cover typical core mitigation approaches to civil works contracts with small, localized impacts. It is accepted that this format provides the key elements of an Environmental Management Plan (ESMP) or Environmental Management Framework (ESMF) to meet World Bank Environmental Assessment requirements under OP 4.01. The intention of this checklist is that it would be applicable as guidelines for the small works contractors and constitute an integral part of bidding documents for contractors carrying out small civil works under Bank-financed projects. The checklist has three sections: Part 1 includes a descriptive part that characterizes the project and specifies in terms the institutional and legislative aspects, the technical project content, the potential need for capacity building program and description of the public consultation process. This section could be up to two pages long. Attachments for additional information can be supplemented when needed. Part 2 includes an environmental and social screening checklist, where activities and potential environmental issues can be checked in a simple Yes/No format. If any given activity/issue is triggered by checking “yes”, a reference is made to the appropriate section in the following table, which contains clearly formulated management and mitigation measures. Part 3 represents the monitoring plan for activities during project construction and implementation. It retains the same format required for ESMPs proposed under normal Bank requirements for Category B projects. It is the intent of this checklist that Part 2 and Part 3 be included into the bidding documents for contractors, priced during the bidding process and diligent implementation supervised during works execution. Kosovo Agriculture and Rural Development Project Environmental Management Framework 68 CONTENTS A) General Project and Site Information B) Safeguards Information C) Mitigation Measures D) Monitoring Plan Kosovo Agriculture and Rural Development Project Environmental Management Framework 69 PART 1: GENERAL PROJECT AND SITE INFORMATION INSTITUTIONAL & ADMINISTRATIVE Country Project title Scope of project and activity Institutional WB Project Management Local Counterpart and/or Recipient arrangements (Project Team Leader) (Name and contacts) Implementation Safeguard Supervision Local Counterpart Local Inspectorate Contactor Supervision Supervision arrangements (Name and contacts) SITE DESCRIPTION Name of site Describe site location Attachment 1: Site Map [ ]Y [ ] N Who owns the land? Description of geographic, physical, biological, geological, hydrographic and socio-economic context Locations and distance for material sourcing, especially aggregates, water, stones? LEGISLATION Kosovo Agriculture and Rural Development Project Environmental Management Framework 70 Identify national & local legislation &permits that apply to project activity PUBLIC CONSULTATION Identify when / where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be any [ ] N or [ ]Y if Yes, Attachment 2 includes the capacity building program capacity building? Kosovo Agriculture and Rural Development Project Environmental Management Framework 71 PART 2: SAFEGUARDS INFORMATION ENVIRONMENTAL /SOCIAL SCREENING Activity Status Triggered Actions A. Building rehabilitation [] Yes [ ] No See Section A below B. Minor new construction [ ] Yes [] No See Section A below Will the site C. Individual wastewater treatment system [ ] Yes [] No See Section B below activity D. Historic building(s) and districts [ ] Yes [] No ?? See Section C below include/involve E. Acquisition of land1 [ ] Yes [] No See Section D below any of the following?? F. Hazardous or toxic materials2 [] Yes [ ] No See Section E below G. Impacts on forests and/or protected areas [ ] Yes [] No See Section F below H. Handling / management of medical waste [ ] Yes [] No See Section G below I. Traffic and Pedestrian Safety [] Yes [ ] No See Section H below 1 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and/or squatters and/or operate a business (kiosks) on land that is being acquired. 2 Toxic / hazardous material includes but is not limited to asbestos, toxic paints, noxious solvents, removal of lead paint, etc. Kosovo Agriculture and Rural Development Project Environmental Management Framework 72 PART 3: MITIGATION MEASURES ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 0. General Conditions Notification and Worker (a) The local construction and environment inspectorates and communities have been notified of upcoming activities Safety (b) The public has been notified of the works through appropriate notification in the media and/or at publicly accessible sites (including the site of the works) (c) All legally required permits have been acquired for construction and/or rehabilitation (d) The Contractor formally agrees that all work will be carried out in a safe and disciplined manner designed to minimize impacts on neighboring residents and environment. (e) Workers’ PPE will comply with international good practice (always hardhats, as needed masks and safety glasses, harnesses and safety boots) (f) Appropriate signposting of the sites will inform workers of key rules and regulations to follow. A. General Rehabilitation Air Quality (a) During interior demolition debris-chutes shall be used above the first floor and /or Construction (b) Demolition debris shall be kept in controlled area and sprayed with water mist to reduce debris dust (c) During pneumatic drilling/wall destruction dust shall be suppressed by ongoing water spraying and/or installing Activities dust screen enclosures at site (d) The surrounding environment (side walks, roads) shall be kept free of debris to minimize dust (e) There will be no open burning of construction / waste material at the site (f) There will be no excessive idling of construction vehicles at sites Noise (a) Construction noise will be limited to restricted times agreed to in the permit (b) During operations the engine covers of generators, air compressors and other powered mechanical equipment shall be closed, and equipment placed as far away from residential areas as possible Water Quality (a) The site will establish appropriate erosion and sediment control measures such as e.g. hay bales and / or silt fences to prevent sediment from moving off site and causing excessive turbidity in nearby streams and rivers. Waste management (a) Waste collection and disposal pathways and sites will be identified for all major waste types expected from demolition and construction activities. (b) Mineral construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting and stored in appropriate containers. (c) Construction waste will be collected and disposed properly by licensed collectors (d) The records of waste disposal will be maintained as proof for proper management as designed. (e) Whenever feasible the contractor will reuse and recycle appropriate and viable materials (except asbestos) B. Individual wastewater Water Quality (a) The approach to handling sanitary wastes and wastewater from building sites (installation or reconstruction) treatment system must be approved by the local authorities (b) Before being discharged into receiving waters, effluents from individual wastewater systems must be treated in order to meet the minimal quality criteria set out by national guidelines on effluent quality and wastewater treatment (c) Monitoring of new wastewater systems (before/after) will be carried out (d) Construction vehicles and machinery will be washed only in designated areas where runoff will not pollute natural surface water bodies. Kosovo Agriculture and Rural Development Project Environmental Management Framework 73 C. Historic building(s) Cultural Heritage (a) If the building is a designated historic structure, very close to such a structure, or located in a designated historic district, notification shall be made and approvals/permits be obtained from local authorities and all construction activities planned and carried out in line with local and national legislation. (b) It shall be ensured that provisions are put in place so that artifacts or other possible “chance finds” encountered in excavation or construction are noted and registered, responsible officials contacted, and works activities delayed or modified to account for such finds. ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST D. Acquisition of land Land Acquisition (a) If expropriation of land was not expected but is required, or if loss of access to income of legal or illegal users of Plan/Framework land was not expected but may occur, that the Bank’s Task Team Leader shall be immediately consulted. (b) Sub-Projects that need permanent land acquisition are not eligible. If temporary acquisition is needed than protocol of agreement / compensation with affected person will be signed prior to approval of the sub-project. E. Toxic Materials Asbestos management (a) If asbestos is located on the project site, it shall be marked clearly as hazardous material (b) When possible the asbestos will be appropriately contained and sealed to minimize exposure (c) The asbestos prior to removal (if removal is necessary) will be treated with a wetting agent to minimize asbestos dust (d) Asbestos will be handled and disposed by skilled & experienced professionals (e) If asbestos material is be stored temporarily, the wastes should be securely enclosed inside closed containments and marked appropriately. Security measures will be taken against unauthorized removal from the site. (f) The removed asbestos will not be reused Toxic / hazardous waste (a) Temporarily storage on site of all hazardous or toxic substances will be in safe containers labeled with details of management composition, properties and handling information (b) The containers of hazardous substances shall be placed in an leak-proof container to prevent spillage and leaching (c) The wastes shall be transported by specially licensed carriers and disposed in a licensed facility. (d) Paints with toxic ingredients or solvents or lead-based paints will not be used F. Affected forests, Protection (a) All recognized natural habitats, wetlands and protected areas in the immediate vicinity of the activity will not be wetlands and/or protected damaged or exploited, all staff will be strictly prohibited from hunting, foraging, logging or other damaging activities. areas (b) A survey and an inventory shall be made of large trees in the vicinity of the construction activity, large trees shall be marked and cordoned off with fencing, their root system protected, and any damage to the trees avoided (c) Adjacent wetlands and streams shall be protected from construction site run-off with appropriate erosion and sediment control feature to include by not limited to hay bales and silt fences (d) There will be no unlicensed borrow pits, quarries or waste dumps in adjacent areas, especially not in protected areas. G. Disposal of medical Infrastructure for medical (a) In compliance with national regulations the contractor will insure that newly constructed and/or rehabilitated waste waste management health care facilities include sufficient infrastructure for medical waste handling and disposal; this includes and not limited to:  Special facilities for segregated healthcare waste (including soiled instruments “sharps”, and human tissue or fluids) from other waste disposal; and  Appropriate storage facilities for medical waste are in place; and  If the activity includes facility-based treatment, appropriate disposal options are in place and operational H Traffic and Pedestrian Direct or indirect hazards (b) In compliance with national regulations the contractor will insure that the construction site is properly secured Kosovo Agriculture and Rural Development Project Environmental Management Framework 74 Safety to public traffic and and construction related traffic regulated. This includes but is not limited to pedestrians by  Signposting, warning signs, barriers and traffic diversions: site will be clearly visible and the public warned of all potential hazards construction  Traffic management system and staff training, especially for site access and near-site heavy traffic. activities Provision of safe passages and crossings for pedestrians where construction traffic interferes.  Adjustment of working hours to local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement  Active traffic management by trained and visible staff at the site, if required for safe and convenient passage for the public.  Ensuring safe and continuous access to office facilities, shops and residences during renovation activities, if the buildings stay open for the public. PART 4: MONITORING PLAN Phase What Where How When Why Cost Who Kosovo Agriculture and Rural Development Project Environmental Management Framework 75 (Is the parameter (Is the parameter (Is the parameter (Define the (Is the parameter (if not included (Is responsible to be monitored?) to be monitored?) to be monitored?) frequency / or being in project budget) for monitoring?) continuous?) monitored?) During activity preparation During activity implementation During activity supervision Kosovo Agriculture and Rural Development Project Environmental Management Framework 76 Appendix 5: Format of ESMP Kosovo Agriculture and Rural Development Project Environmental Management Framework 77 Table 1: Environmental Mitigation Plan Format Cost Institutional Responsibility Comments (e.g. secondary impacts) Phase Issue Mitigating Monitoring Install / Monitor Install/Operate Monitor Measure Measures Operate Construction Construction Construction Operation Operation Operation Kosovo Agriculture and Rural Development Project Environmental Management Framework 78 Appendix 6: Overview of Kosovo – EU agro-environment legislation The overall environmental legislation already in force In the Table below of the following pages these primary laws and secondary legislations have been summarized together with the corresponding list of EU legal acts11, directives and regulations to facilitate a further comparative analysis regarding the transposition of the EU environmental acquis into the Kosovan legislative framework. These laws have been grouped in the following main sections: (1) Horizontal legislation (Environmental Protection, SEA, EIA, IPPC, Nature Protection); (2) Water and Wastewater Management Legislation; (3) Waste Management; (4) Air Protection; (5) Spatial Planning and Construction; (6) other legislation (Environmental Risks, Chemicals, Civil Protection and Protection from Noise). All these laws should be taken into consideration in any EIA in compliance with the environmental sector affected by the corresponding project/plan. Kosovan Laws/ Regulations Status EU acquis/assessment Law on Environmental Protection Law No. 03/L-025 “on Environmental Directive No. 2003/4/EC of the European Protection” approved by the Assembly of Parliament and of the Council of 28.01.2003 Kosovo on 26.02.2009 and promulgated by “on public access to environmental information” and repealing Council Directive No. 02/2004-MESP “on the Establishment of Environmental Protection Inspectorate”, 2004/35/CE of the European Parliament and -MESP of the Council of 21.04.2004 “on “on the Cadastre of Environmental Polluter environmental liability with regard to the Emissions. Forms and Instructions on Form prevention and remedying of environmental Application damage” as amended by Directive No.17/2013 “on the Cadastre of Environmental Pollution Discharge No. 2008/99/EC of the European Parliament No. 22/03-MESP “on organisation of the and of the Council of 19.11.2008 “on the KEPA protection of the environment through 13/2011-MESP “on organisational structure criminal law No. 2003/35/EC and responsibilities of KEPA”, dated of the European Parliament and of the 09.09.201 Council of 26.05.2003 “on public participation in respect of the drawing up of certain plans and programmes relating to the environment” and amending the Council Directives No. 85/337/EEC and 96/61/EC “on public participation and access to justice”. Law No. 03/L-214 “on Environmental Impact Council Directive No. 85/337/EEC “on the Assessment” approved by the AoK on assessment of the effects of certain public and Law on EIA 23.09.2010 and promulgated by the private projects on the environment” Presidential Decree No. DL-048-2010 of approved on 27.06.2985 (the so called “EIA 14.10.2010. It replaced the Law No. 03/L-024 Directive approved by the AoK on 26 97/11/EC of 3 March 1997 amending No.03/2004-MESP “for Licensing of Persons Directive No. 85/337/EEC “on the assessment and Enterprises on Drafting an of the effects of certain public and private Environmental Impact Assessment Report”, projects on the environment -MESP 2011/92/EU of the European Parliament and “on Environmental Impact Assessment”, dated of the Council of 13 December 2011 “on the On the assessment of the effects of certain public and methodology of risk assessment from private projects on the environment applies to Kosovo Agriculture and Rural Development Project Environmental Management Framework 79 chemical accident and measures for the assessment of the environmental effects of consequence elimination - those projects which are likely to have MESP “on licensing compilers of significant effects on the environment” Environmental Impact Assessment”, dated -MESP “on European Parliament and of the Council of information, public participation and 26.05.2003 “on public participation in respect interested parties in the environmental impact of the drawing up of certain plans and assessment procedures”, dated 13.07.2011; programmes relating to the environment” and -MESP “for preventing amending the Council Directives No. quantity accidents involving hazardous 85/337/EEC and 96/61/EC “on public substances participation and access to justice”. 11/2011-MESP “to determine the amount of the fee for services relating to the EIA” dated European Parliament and of the Council of 23 13.07.2011 April 2009 “on the geological storage of carbon dioxide” and amending Council Directive No. 85/337/EEC, European Parliament and Council Directives No. 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006 Law on SEA -230 “on Strategic Directive No. 2001/42/EC of the European Environmental Assessment” approved by the Parliament and of the Council of 27.06.2001 AoK on 30.08.2010 and promulgated by the “on the assessment of the effects of certain Presidential Decree on 18.10.2010. It replaced plans and programmes on the environment ” the Law No.03/L-015 approved by the AoK (also called “SEA Directive”); on 12.02.2009 No. 2003/35/EC of the European Parliament and of the Council of 26.05.2003 “on public participation in respect of the drawing up of certain plans and programmes relating to the environment” and amending the Council Directives No. 85/337/EEC and 96/61/EC “on public participation and access to justice”. Law on IPPC The Law No. 03/L-043 “on Integrated Council Directive No. 96/82/EC of 9.12.1996 Prevention Pollution Control” approved by “on the control of major-accident hazards AoK on 26.03.2009 and promulgated by the involving dangerous substances”, as amended Presidential Decree No. DL-010-2009 of by Directive No. 2003/105/EC and 05-MESP “on Regulations No. EC/1882/2003 and Issuing Ecological Permit/Licence”, dated -MESP “on 1999/13/EC of 11.03.1999 “on the limitation Licence Requirements for specific types of of emissions of volatile organic compounds operations and plants - due to the use of organic solvents in certain MESP “on Procedures for the Development activities and installations”, as amended by and Approval of Documents referring to the Regulation No. EC/1882/2003 and Directives Kosovo Agriculture and Rural Development Project Environmental Management Framework 80 Best Available Techniques”, dated No. 2004/42/EC and 2008/112/EC; -MESP “on Form, Content and Filing Method of European Parliament and of the Council of Application for an Integrated Permit”, dated 04.12.2000 “on the incineration of waste”, as 31.03.2011 amended by Regulation No. EC/1137/2008; European Parliament and of the Council of 23.10.2001 “on the limitation of emissions of certain pollutants into the air from large combustion plants”, as amended by Directives No. 2006/105/EC and 2009/31/EC; European Parliament and of the Council of 18.01.2006 concerning “the establishment of a European Pollutant Release and Transfer Register” and amending Council Directives No. 91/689/EEC and Directive No. 2008/1/EC of 15.01.2008 “concerning integrated pollution prevention and control” (codified version), as amended EC/1221/2009 of the European parliament and of the Council of 25.11.2009 “on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)”, repealing Regulation No. EC/761/2001, and Commission Decisions No. 2001/681/EC and 2006/193/EC; European Parliament and of the Council of 25.11.2009 “on the EU Eco-label”. Law on Nature Protection Law No.2003/3 “on Kosovo Forests” Council Regulation No. (EEC) 3254/91 of approved by the AoK on 13.02.2003 and 04.11.1991 “prohibiting the use of leghold promulgated by the SRSG on 20.03.2003 traps in the Community and the introduction (UNMIK Regulation No. 2003/6). This Law into the Community of pelts and was amended by Law No. 2004/29 approved manufactured goods of certain wild animal by the AoK on 28.07.2004 and by the Law species originating in countries which catch No. 03/L-153 approved by the AoK on them by means of leghold traps or trapping 25.02.2010; -233 “on methods which do not meet international Nature Protection” approved by the AoK on humane trapping standards”; 30.09.2010 and promulgated by the Directive No. 92/43/EEC of 21.05.1992 “on Presidential Decree No. DL-054-2010 of the conservation of natural habitats and of 18.10.2010. It replaced the Law No. 02/L-18 wild fauna and flora” as amended by “on Nature Conservation” approved by AoK Directive 97/62/EC, 2006/105/EC and -53 “on Hunting” approved by the AoK on Regulation No. EC/338/97 of 09.12.1996 “on 16.12.2005 and promulgated by the SRSG on the protection of species of wild fauna and 11.08.2006 (UNMIK Regulation No. flora by regulating trade therein” as amended -086 “on by Regulations EC/938/97, 2307/97, 2214/98, National Park "Bjeshkët e Nemuna"” 1476/99, 2724/2000, 1579/2001, 2476/2001, approved by Assembly, date 13.12.2012, and 1497/2003, 1882/2003, 834/2004, 252/2005, promulgated by Presidential Decree DL-60- 1332/2005, 318/2008, 398/2009 and -087 uncil Directive No. “on National Park "Sharri"” approved by 1999/22/EC of 29.03.1999 “relating to the Assembly, date 13.12.2012, and promulgated keeping of wild animals in zoos”; by Presidential Decree No.DL-59-2012 on -MESP “on “laying down detailed rules concerning the the form and manner to manage a Central implementation of Council Regulation Kosovo Agriculture and Rural Development Project Environmental Management Framework 81 Register of Nature Protected Areas” dated EC/338/97 -MESP “on the of the European Parliament and of the form and manner for the determination of Council of 30.11.2009 “on the conservation Natural Protected Areas” dated 25.01.2007; of wild birds” (codified version of Directive -MESP “on the Management 79/406/EEC and its amendments) Plans of Nature Protected Areas”, of 11-MESP “for the collection of protected wild plants species with the purpose of processing and trading ” for the sort of natural habitat types, natural habitat map, threatened and rare natural habitat types as well as safeguard measures for conservation of natural habitat types “for the keeping conditions, the manner of marking and evidencing of the protected animals in captivity” dated 28.02.2012; on content and manner of keeping nature protected values register”, on wildlife crossings No.18/2012 “for the proclamation of wild species protected and strictly protected ”, on the content, form and manner of issuing of identification card and appearance of uniform for the supervisors and nature ranger”, dated on cross- border movement and trade in wild protected species No.27/2012 “for the form and manner of providing the official card and sign for nature protection inspector 18/2013 “on proclamation of Ecological Network on assessment of acceptability of plan, programme or intervention of ecological network”; Kosovan Laws/ Regulations Status EU acquis/assessment Law No. 04/L-147, “on Water” adopted by Council Directive No. 80/68/EEC of the AoK on 19.03.2013. Promulgated by 17.12.1979 “on the protection of groundwater Law on Water Presidential Decree No.DL-011-2013, dated against pollution caused by certain dangerous 05.04.2013 repealing the Law No. 2004/24 substances” as amended by Directive No. “on Water” approved by the AoK on 91/692/EEC (to be repealed by Directive 08.07.2004 and promulgated by the SRSG on 2000/60/EC as of 22.12.2013 14.10.2004; on Testing and Directive No. 82/176/EEC of 22.03.1982 “on Enforcing Minimum Standards of Drinking limit values and quality objectives for Water Quality -MESP “on mercury discharges by the chlor-alkali the Determination of the Evidence Manner electrolysis industry”, as amended by and the Legitimacy of Water Inspector” dated Directives No. 91/692/EEC and 2008/105/EC -MESP “on the (to be repealed by 2008/105/EC as of Content, Form, Conditions and Method of 22.12.2012 Kosovo Agriculture and Rural Development Project Environmental Management Framework 82 Issuing and Retaining the Water Permit”, 83/513/EEC of 26.09.1983 “on limit values -MESP and quality objectives for cadmium “on the Structure of Water Charges”, dated discharges”, as amended by Directives No. -MESP “on the 91/692/EEC and 2008/105/EC (to be repealed Content of Water Infrastructure”, dated by 2008/105/EC as of 22.12.2012); -MESP “on the Criteria’s for Defining the Water Protected 21.05.1991 concerning “urban waste-water Zones and their Protection Measures for treatment” as amended by Directive No. Water Resources used for Drinking Water”, 98/15/EC and Regulation EC/1882/2003 and on Limit Values of Effluents Discharged in Water Directive No. 91/676/EEC of 12.12.1991 Bodies and in Public Sewage Network” “concerning the protection of waters against approved by the Government of Kosovo pollution caused by nitrates from agricultural sources”, as amended by Regulations No. “on the quality of water intended for human EC/1882/2003 and EC/1137/2008; consumption 12/2013 “Water Information System”, dated “concerning formats for the presentation of 17.06.2013 national programmes” as foreseen by Article 17 of Council Directive No. 91/271/EEC (UWWT Directive);95/337/EC; O.95/337/EC “concerning questionnaires relating to directives in the water sector Directive No. 98/83/EC of 03.11.1998 “on the quality of water intended for human consumption”, as amended by Regulations No. EC/1882/2003 and EC/596/2009 ive No. 2000/60/EC of the European Parliament and of the Council of 23.10.2000 “establishing a framework for Community action in the field of water policy”, as amended by Decision No. 2455/2001/EC and Directives No. 2008/32/EC, 2008/105/EC and 2009/31/EC; laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council “on technical specifications for chemical analysis and monitoring of water status” (text with EEA relevance); No. 2006/7/EC of the European Parliament and of the Council of 15.02.2006 “concerning the management of bathing water quality” and repealing Directive No. 76/160/EEC, as amended by Regulation No. of the European Parliament and of the Council of 12.12.2006 “on the protection of groundwater against pollution and deterioration of the European Parliament and of the Council of 15.02.2006 “on pollution caused by certain dangerous substances discharged into the aquatic environment” of the Community (repealing 76/464/EEC) (codified version) (to be repealed as of 22.12.2013 by Directive 2000/60/EC); 2007/60/EC of 23 October 2007 “on the assessment and management of flood risks” Kosovo Agriculture and Rural Development Project Environmental Management Framework 83 (te 2008/105/EC of the European Parliament and of the Council of 16.12.2008 “on environmental quality standards in the field of water policy”, amending and subsequently repealing Council Directives No. 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive No. 2000/60/EC of the European Parliament and of the Council. Law on Fisheries and Aquaculture -85 “on Fisheries and Directive No. 2006/44/EC of the European Acquaculture” approved by the AoK on Parliament and of the Council of 06.09.2006 10.10.2006 “on the quality of fresh waters needing protection or improvement in order to support fish life” (repealing Directive 78/659/EEC) (codified version) (to be repealed as of 22.12.2013 by Directive No. 2000/60/EC) as amended Law on Waste Management and Disposal Law No. 02/L-30 “on Waste” approved by the il Directive No. 75/439/EEC of 16 AoK on 22.07.2005 and promulgated by June 1975 “on the disposal of waste oils” as SRGS on 05.05.2006 (UNMIK Regulation No amended by Directives No. 87/101/EEC, 2006/31); -060 “on Waste” 91/692/EEC, 2000/76/EC and 2008/98/EC approved by the AoK on 24.05.2012 and (repealed by Directive No. 2008/98/EC as of promulgated by the Decree of the President of 12.12.2010) Kosovo No.DL-027-2012, dated 08.06.2012. 86/278/EEC of 12.06.1986 “on the protection This new waste law repealed the Law No. of the environment, and in particular of the 02/L-30 with exception of Annex 1 “Waste soil, when sewage sludge is used in catalogue” (OJ nr 7, agriculture” as amended by Directive No. No. 03/07-MESP “on Waste Management of 91/692/EEC, Regulation No. EC/807/2003 Expired Oils and No. EC/219/2009, to be reviewed starting 04/07-MESP “on the Management of end of No. 91/689/EEC Life Vehicles and their Wastes”, dated of 12.12.1991 “on hazardous waste” as on amended by Directives No. 94/31/EC and Construction and Demolition Wastes”, dated 2008/98/EC and Regulation No. EC/166/2006 -MESP “on the (repealed by 2008/98/EC as of 12.12.2010); Competencies of the Waste Treatment Owner and Operator Directive No. 94/62/EC of 20.12.1994 “on 09/07-MESP “on Package and Packaging packaging and packaging waste”, as amended Waste - by Regulations No. EC/1882/2003 and MESP “on Management of Poly-Chloral EC/219/2009, and Directives No. 2004/12/EC Biphenyls and Three-Phenyls”, dated -MESP “on the 96/59/EC of 16.09.1996 “on the disposal of Landfill Management”, dated 22.08.2007; polychlorinated biphenyls and -MESP “on Waste polychlorinated trephenyls (PCB/PCT)” as Management of Electric and Electronic amended by Regulation No. EC/596/2009; Equipment 80/07-MESP “on Waste from Expanded 9.12.1996 “on the control of major-accident Batteries and Accumulators”, dated hazards involving dangerous substances”, as -MESP “on amended by Directive No. 2003/105/EC and Waste Management of Expired Oils”, dated Regulations No. EC/1882/2003 and on EC/1137/2008; Council Directive No. administration of medical waste 1999/31/EC of 26.04.1999 “on the landfill of 12/2008 “for elimination of medicinal waste”, as amended by Regulations No. products waste on EC/1882/2003 and EC/1137/2008; conditions for selecting the location of the waste storage construction European Parliament and of the Council of 04/2009 “for penalties with mandatory fines”; 18.09.2000 “on end-of life vehicles”, as Kosovo Agriculture and Rural Development Project Environmental Management Framework 84 on waste management amended by Decisions No. 2002/525/EC, from public areas for 2005/63/EC, 2005/437/EC, 2005/438/EC, management of waste containing asbestos”; 2005/673/EC, 2008/689/EC, 2010/115/EC 09/2009 “on waste management and Directives No. 2008/33/EC and license on management of biodegrading waste 19.12.2002 establishing “criteria and No. 02/2011-MESP “on waste management of procedures for the acceptance of waste at fluorescent tubes containing mercury”, dated landfills” pursuant to Article 16 and Annex II on waste landfills management”, dated No. 2002/95/EC of the European Parliament on and of the Council of 27.01.2003 “on the management of dumped vehicles and their restriction of the use of certain hazardous waste substances in electrical and electronic 20/2012 “for export, import and transit of equipment”, as amended by Decisions No. waste 2005/618/EC, 2005/717/EC, 2005/747/EC, “for waste tires administration” dated 2006/310/EC, 2006/690/EC, 2006/691/EC, 12.12.2013. 2006/692/EC, 2008/385/EC, 2009/428/EC, 2009/443/EC, 2010/122/EU, and Directive 2002/96/EC of the European Parliament and of the Council of 27.01.2003 “on waste electrical and electronic equipment (WEEE)”, as amended by Directive No. 2003/108/EC, Standard EN 50419 “on marking of electrical and electronic equipment” in accordance with Article 11(2) of the WEEE Directive; December 2002 “establishing criteria and procedures for the acceptance of waste at landfills” pursuant to Article 16 of and Annex II to the Directive 1999/31 No. 2006/66/EC of the European Parliament and of the Council of 06.09.2006 “on batteries and accumulators and waste batteries and accumulators” and repealing Directive No. 91/157/EEC, as amended by Directive No. 2008/12/EC and Directive No. 2008/103/EC; Commission Decisions 2008/763/EC, 2009/603/EC, 2009/851/EC; European Parliament and of the Council of 5.04.2006 “on waste” (codified version also called “Waste Framework Directive”) (repealed by Directive No. 2008/98/EC as of 12.12.2010) and amended by Directive No. 2008/98/EC and Directive No. 2009/31/EC; Parliament and of the Council of 15.03.2006 “on the management of waste from extractive industries” and amending Directive No. 2004/35/EC and Regulation EC/596/2009, as amended by Commission Decisions 2009/335/EC, 2009/337/EC, 2009/358/EC, No. 2008/98/EC of the European Parliament and of the Council of 19.11.2008 “on waste” (in force as of 12.12.2010) (the so called Kosovo Agriculture and Rural Development Project Environmental Management Framework 85 “Waste Framework Directive”). Law on Air Protection Law No. 2010/03-L-160 “on air protection European Parliament and Council Directive from pollution” approved by the AoK on No. 94/63/EC of 20.12.1994 “on the control 25.02.2010 and promulgated by the of volatile organic compound (VOC) Presidential Decree No. DL-012-2010 of emissions resulting from the storage of petrol I No. 2004/09 “for cadastre and its distribution from terminals to service of emissions of polluters on environment”; stations”, as amended by Regulations No. -MESP “on the rules and EC/1882/2003 and EC/1137/2008; standards for air emissions from stationery sources of pollution on air 27.09.1996 “on ambient air quality quality assessment for the assessment and management”, as amended by allowed norms of discharges in air by mobile Regulation No. EC/1882/2003 and repealed sources on limited values – by Directive No. 2008/50/EC as of norms of air quality for 11.06.2010, with certain exceptions regarding substances that harm the ozone layer”; Art. 5 and 11.1 of Directive No. 96/62/EC; on the control of volatile organic compound (VOC) emissions resulting Parliament and of the Council of 16.12.1997 from storage, loading or unloading and “on the approximation of the laws of the transport of petrol”; Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery”, as amended by Directives No. 2001/63/EC, 2002/88/EC, 2004/26/EC, and 2006/105/EC and Regulation EC/596/2009; on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations”; 26.04.1999 “on the reduction in the sulphur content of certain liquid fuels”, amending Directive No. 93/12/EEC, as amended by Regulations EC/1882/2003 and EC/219/2009, and Directives 2005/33/EC and 2009/30/EC; European Parliament and of the Council of 27.09.2001 “on the promotion of electricity produced from renewable energy sources in the internal electricity market No. 2001/80/EC “on the limitation of emissions of certain pollutants into the air from large combustion plants” and its of the European Parliament and of the Council of 23.10.2001 “on national emission ceilings for certain atmospheric pollutants” as amended by Directive No. 2006/105/EC and No. 2003/87/EC “on exchange of emission quota between the Community countries”; E of the European Parliament and of the Council of 21.04.2004 “on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products” and amending Directives No. 1999/13/EC and Kosovo Agriculture and Rural Development Project Environmental Management Framework 86 2009/112/EC and Regulation No. EC/1137/2008; 2004/107/EC of the European Parliament and of the Council of 15.12.2004 “relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air”, as amended by Directive No. EC/850/2004 of the European Parliament and of the Council of 29.04.2004 “on persistent organic pollutants”, amending Directive No. 79/117/EEC and Regulations No. EC/1195/2006, EC/172/2007, EC/323/2007, Directive No. 2008/1/EC of 15.01.2008 “concerning integrated pollution prevention and control” (codified version), as amended 2008/50/EC of the European Parliament and of the Council of 21.05.2008 “on ambient air quality and cleaner air for Europe” (Compliance deadline: 11 June 2010); European Parliament and of the Council of 21.10.2009 “on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations” Law on Protection from Non-Ionised, Law No. 2010/03-L-104 “on protection from Directive No. 96/29/Euratom of 13.05.1996 Ionised Radiation and Nuclear Security non-ionised, ionised radiation and nuclear “laying down basic safety standards for the security” approved by the AoK on 11.02.2010 protection of the health of workers and the and promulgated by a Presidential Decree No. general public against the dangers arising DL-010-2010 on 02.03.2010 from ionizing radiation”; 2004/108/EC of the European Parliament and of the Council of 15.12.2004 “on the approximation of the laws of the Member States relating to electromagnetic compatibility” and repealing Directive No.89/336/EEC Law on Spatial Planning Law No.2003/14 “on Spatial Planning”, Council Directive No. 85/337/EEC “on the adopted by the AoK on 03.07.2003 and assessment of the effects of certain public and private projects on the environment” No. 25/03-MESP “on the implementation of approved on 27.06.2985 (the so called “EIA the Law on Spatial Planning on basic content Directive”); elements of the Spatial Plan of Kosovo”, 97/11/EC of 3 March 1997 amending I No. 30/03-MESP Directive No. 85/337/EEC “on the assessment “on the implementation of Spatial Planning of the effects of certain public and private Law on basic elements of UDP”, dated projects on the environment –MESP “on the No. 2001/42/EC of the European Parliament proposal for a decision making process to and of the Council of 27.06.2001 “on the draft Municipal Development Plan, Urban assessment of the effects of certain plans and Development Plan and Urban Regulatory programmes on the environment” (also called Plan - MESP “on the implementation of the Law on 2003/35/EC of the European Parliament and Spatial Planning and on the regulation of the of the Council of 26.05.2003 “providing for supervision, punishment and implementing public participation in respect of the drawing measures up of certain plans and programmes relating 04/04-MESP “on the implementation of the to the environment” and amending with Kosovo Agriculture and Rural Development Project Environmental Management Framework 87 Law on Spatial Planning and on the regard to public participation and access to establishment of the Council on Spatial justice Council Directives No. 85/337/EEC Planning – MESP “on the establishment of the Council of of the European Parliament and of the Planning Experts Council of 14.03.2007 “establishing an No. 01/05-MESP “on the implementation of Infrastructure for Spatial Information in the the Law on Spatial Planning on the conditions European Community (INSPIRE)”; for location, urban consent and urban permit - Parliament and the Council of 23.04.2009 “on MESP “on professional examination and the geological storage of carbon dioxide”, licensing amending Council Directive No. 85/337/EEC, 03/05 “on the implementation of the Law on EU Parliament/Council Directives No. Spatial Planning on basic content elements 2000/60/EC, 2001/80/EC, 2004/35/EC, for URP 2006/12/EC, 2008/1/EC and Regulation (EC) “on the criteria and procedures on issuing No. 1013/2006 licenses to practice activities in the field of design, construction, as well as professional supervision and review “on the professional examination for technician, engineeer, engineer of construction, etc. - MESP “on the implementation of the Law on Spatial Planning on basic content elements of Spatial Plans for special areas”, dated on the implementation of the Law on Spatial Planning on the procedure of public review for Spatial and UPs”, 10.05.2005; Kosovo Agriculture and Rural Development Project Environmental Management Framework 88 Law on Housing and Construction Law No.2012/04-L-10 “on construction” Council Directive No. 89/106/EEC of approved by the AoK on 31.05.2012; 21.12.1988 “on the approximation of laws, No. 02/L-14 “on construction products”, regulations and administrative provisions of the Member States relating to construction No. 03/L-164 “on financing of special products housing programmes -91 93/68/EEC of 22.07.1993 amending “on use, management and maintenance of the Directives 87/404/EEC (simple pressure condominium -MESP vessels), 88/378/EEC (safety of toys), “on validation of the project”, dated 89/106/EEC (construction products), on technical 89/336/EEC (electromagnetic compatibility), inspection of the construction buildings”, 89/392/EEC (machinery), 89/686/EEC on (personal protective equipment), 90/384/EEC conditions and measures for giving the (non-automatic weighing instruments), authorization for project control”, of 90/385/EEC (active implantable medicinal -MESP “on the devices), 90/396/EEC (appliances burning eligibility for the construction inspectors of gaseous fuels), 91/263/EEC mesp and municipal construction inspectors”; (telecommunications terminal equipment), on maintaining records 92/42/EEC (new hot-water boilers fired with of inspection –registry form, form used during liquid or gaseous fuels) and 73/23/EEC inspection - (electrical equipment designed for use within MESP “on the manner of inspection oversight certain voltage limits); of the construction inspection”, dated Regulation of the European Parliament and of on the the Council “laying down harmonised closing of construction site and its siege mode conditions for the marketing of the from the construction inspector”, of 14.07.05; construction products” [COM (2008) 311 -MESP “on other final] adopted on 9.3.2011. administrative violations and corresponding fines - MESP “on project control”, dated -MESP “on the list of objects for which no construction permit is required No. 33/2007 “on the technical conditions for access to buildings for people with disabilities 2009/03 “on technical rules on saving of thermal energy and thermal protection in buildings on licensing criteria and procedures to perform the activity in the field of condominium management and maintenance 18/2010 “on the contract’s content for non- profit rental housing “on housing bonus content 21/2010-MESP “on the criteria for determining the order of priority to categories of families that could benefit from special housing programmes”, dated 18.11.2010; on procedures for the benefit of special housing programmes”; -MESP “on procedures for the announcement of special housing programmes 24/2010-MESP “on minimum housing standards to special housing programmes”, -MESP “on regulation on the manner of payment calculation for technical control of construction buildings Kosovo Agriculture and Rural Development Project Environmental Management Framework 89 06/2011-MESP “on payment calculation method for technical control of construction facilities”, dated 31.03.2011. Kosovo Agriculture and Rural Development Project Environmental Management Framework 90 Law on Environmental Risks Council Directive No. 96/82/EC of 9.12.1996 “on the control of major-accident hazards -MESP “for preventing involving dangerous substances”, as amended quantity accidents involving hazardous by Directive No. 2003/105/EC and Substances Regulations No. EC/1882/2003 and intervention plan in the of event of the European Parliament and of the Council of 23 October 2007 “on the assessment and Response Plan. In particular see 7.12 Annex management of flood risks” on Incidents with Oils and Hazardous -027 “for protection against natural and other disasters -147 “on Waters of Kosovo 96/82/EC of 9.12.1996 “on the control of major-accident hazards involving dangerous substances”, as amended by Directive No. 2003/105/EC and Regulations No. EC/1882/2003 and EC/1137/2008; Parliament and of the Council of 23 October 2007 “on the assessment and management of flood risks” Law on Law on chemicals The Law No. 2007/02-L116 “on Chemical” Regulation (EC) No 1907/2006 of 18 was approved by the AoK on 27.04.2007 and December 2006 “concerning the registration, promulgated by SRSG on 2008 evaluation, authorisation and restriction of chemicals (reach), establishing a European Chemicals Agency”, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC “on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances”, as amended by Directives 69/81/EEC, 70/189/EEC, 71/144/EEC, 73/146/EEC, 75/409/EEC, 76/907/EEC, 79/370/EEC, 79/831/EEC, 80/1189/EEC, 81/957/EEC, 82/232/EEC, 83/467/EEC, 84/449/EEC, 86/431/EEC, 87/432/EEC, 88/302/EEC, 88/490/EEC, 90/517/EEC, 91/325/EEC, 91/326/EEC, 91/410/EEC, 91/632/EEC, 92/32/EC, 92/37/EC, 93/21/EC, 93/72/EC, 93/101/EC, 93/105/EC, 94/69/EC, 96/54/EC, 96/56/EC, 97/69/EC, 98/73/EC, 98/98/EC, 99/33/EC, 2000/32/EC, 2000/33/EC, 2001/59/EC and 2004/73/EC, and Regulation (EC) 807/2003 December 2008 “on classification, labelling Kosovo Agriculture and Rural Development Project Environmental Management Framework 91 and packaging of substances and mixtures”, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with February 1998 “concerning the placing of biocidal products on the market”, as amended by Regulations (EC) 1882/2003, 1896/2000, 2032/2003 and Directives: 2006/50/EC, 2006/140/EC, 2008/31/EC, 2009/84/EC, 2009/85/EC, 2009/86/EC, 2009/87/EC, 2009/88/EC, 2009/89/EC, 2009/91/EC, 2009/92/EC, 2009/93/EC, 2009/94/EC, 2009/95/EC, 2009/96/EC and 2009/98/EC, 689/2008 of 17 June 2008 “concerning the export and import of dangerous chemicals” “on the prevention and reduction of environmental pollution by asbestos”, as amended by Directive 91/692/EEC and Regulation (EC) 807/2003 Law No. 2007/02-L102 “on noise protection” Directive No. 2000/14/EC of the European approved by the AoK on 30.03.2007 and Parliament and of the Council of 08.05.2000 Law on protection from noise promulgated by the SRSG on 17.03.2008. “on the approximation of the laws of the -L-119 “on biocide Member States relating to the noise emission products” approved by AoK on 27.05.2009 in the environment by equipment for use outdoors the European Parliament and of the Council of 25.06.2002 “relating to the assessment and management of environmental noise” as amended by Regulation EC/1137/2008. Law on Civil Protection The intervention plan in the of event of Commission Decision of 29 July 2010 - amending Decision 2004/277/EC, Euratom as 025 “on Environmental Protection” approved regards rules for the implementation of by the Assembly of Kosovo (AoK) on Council Decision 2007/779/EC, Euratom 26.02.2009 and promulgated by the President “establishing a Community civil protection mechanism Plan. In particular see 7.12 Annex on 2007/779/EC “establishing a Community Incidents with Oils and Hazardous mechanism to facilitate reinforced co- -027 for operation in civil protection assistance protection against natural and other disasters interventions 2007/162/EC “establishing the civil protection financial instrument”; Euratom “on the implementation of the provision on transport in Council Decision 2007/162/EC 2004/277/EC, Euratom “laying down rules for the implementation of Council Decision 2001/792/EC establishing a Community mechanism to facilitate reinforced co- operation in civil protection assistance interventions 2008/73/EC, Euratom, amending Decision 2004/277/EC, Euratom as regards “rules for the implementation of the mechanism”; Kosovo Agriculture and Rural Development Project Environmental Management Framework 92 2003 “laying down rules for the implementation of Council Decision 2001/792/EC, Euratom, establishing a Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions”, as amended by Decision of 20 December 2007 amending Decision 2004/277/EC, Euratom, as regards “rules for the implementation of Council Decision 2007/779/EC, Euratom, establishing a Community Civil Protection mechanism” (notified under document number C(2007) 6464) (text with EEA relevance ) 2008/73/EC, Euratom: Commission Decision of 20 December 2007 amending Decision on universal service and users' rights” (European Emergency Number 112) Law on Dam Safety -214 “on Environmental on Impact Assessment” approved by the AoK on the assessment of the effects of certain public 23.09.2010 and promulgated by the and private projects on the environment ” Presidential Decree No. DL-048-2010 of approved on 27.06.2985 (the so called “EIA 14.10.2010. It replaced the Law No. 03/L-024 Directive irective No. 97/11/EC of 3 March 1997 amending No.03/2004-MESP “for Licensing of Persons Directive No. 85/337/EEC “on the assessment and Enterprises on Drafting an of the effects of certain public and private Environmental Impact Assessment Report”, projects on the environment -MESP No. 2003/35/EC of the European Parliament “on Environmental Impact Assessment”, dated and of the Council of 26.05.2003 “providing on licensing for public participation in respect of the compilers of Environmental Impact drawing up of certain plans and programmes Assessment on information, relating to the environment” and amending public participation and interested parties in with regard to public participation and access the environmental impact assessment to justice Council Directives No. 85/337/EEC procedures 11/11 “to determine . 2009/31/EC the amount of the fee for services relating to of the European Parliament and of the the environmental impact assessment” Council of 23 April 2009 “on the geological -230 “on Strategic storage of carbon dioxide” and amending Environmental Assessment” approved by the Council Directive No. 85/337/EEC, European AoK on 30.08.2010 and promulgated by the Parliament and Council Directives No. Presidential Decree on 18.10.2010. It replaced 2000/60/EC, 2001/80/EC, 2004/35/EC, the Law No.03/L-015 approved by the AoK 2006/12/EC, 2008/1/EC and Regulation (EC) on No. 1013/2006 Water” approved by the AoK on 08.07.2004 the European Parliament And of the Council and promulgated by the SRSG on 14.10.2004. of 13 December 2011 “on the assessment of A new Law No. 04/L-227 has been drafted by the effects of certain public and private MESP and is waiting the approval of the projects on the environment” (codification) A -MESP “on the determination of the evidence manner and the European Parliament and of the Council of legitimacy of water inspector” dated 27.06.2001 “on the assessment of the effects -MESP “on the of certain plans and programmes on the content, form, conditions and method of environment” (also called “SEA Directive”); issuing and retaining the water permit”, dated I No. 2006/06-MESP “on European Parliament and of the Council of the structure of water charges”, dated 23.10.2000 “establishing a framework for -MESP “on the Community action in the field of water Kosovo Agriculture and Rural Development Project Environmental Management Framework 93 content of waterinfrastructure”, dated policy”, as amended by Decision No. for water 2455/2001/EC and Directives No. payment structure -025 2008/32/EC, 2008/105/EC and 2009/31/EC; “on Environmental Protection” approved by the Assembly of Kosovo (AoK) on 2007 “on the assessment and management of 26.02.2009 and promulgated by the President flood risks” (text with EEA relevance); plan in the of event of environmental -027 “for protection against natural and other disasters -14 “on construction products”, adopted by the AoK on 23.03.2005 Kosova Legislation EU Legislation Law on Agricultural Lands in Kosovo No. 02/L-26, No specific EU Legislation UNMIK Regulation 2006/37, promulgated on 23 June 2006 Law on Forests in Kosovo No. 2003/3, UNMIK Commission Regulation (EEC) No 926/93 of 1 April 1993 Regulation 2003/6, promulgated on 20 March 2003 amending Regulation (EEC) No 1696/87 laying down certain detailed rules for the implementation of Council Regulation (EEC) Law on an Amendment to Law No. 2003/3 on the No 3528/86 on the protection of the Community's forests against Forests of Kosovo No 2004/29, UNMIK Regulation atmospheric pollution; 2004/40, promulgated on 14 October 2004 Commission Decision No. 96/653/EC: of 11 November 1996 authorizing Member States to permit temporarily the marketing of forest reproductive material not satisfying the requirements of Council Directives 66/404/EEC and 71/161/EEC; Commission Regulation (EC) No 1737/2006 of 7 November 2006 Kosovo Agriculture and Rural Development Project Environmental Management Framework 94 laying down detailed rules for the implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community; Law on Seeds in Kosovo No. 2003/3, UNMIK COUNCIL DIRECTIVE 66/401/EEC of 14 June 1966 on the Regulation 2003/10, promulgated on 15 April 2003 marketing of fodder plant seed; Law on Artificial Fertilizers in Kosovo No 2003/20, COUNCIL DIRECTIVE 96/82/EC of 9 December 1996 on the UNMIK Regulation 2003/22, promulgated on 8 control of major-accident hazards involving dangerous substances; December 2003 Law on Pesticides in Kosovo No. 2003/20, UNMIK Model of USA was used to draft the Law. No refernce in EU Regulation 2003/35, promulgated on 8 December legislation; 2003 Law on Farmers Cooperatives in Kosovo No. 2003/9, No reference in EU legislation UNMIK Regulation 2003/21, promulgated on 23 June 2003 Law on Planting Material of Kosovo No. 2004/13, COUNCIL DIRECTIVE 92/33/EEC of 28 April 1992 on the UNMIK Regulation 2004/16, promulgated on 18 May marketing of vegetable propagating and planting material, other than 2003 seed; COMMISSION DIRECTIVE of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC; Kosovo Agriculture and Rural Development Project Environmental Management Framework 95 Law on Veterinary in Kosovo No. 2004/21, UNMIK Council Resolution of 22 July 1974 on the veterinary, plant health Regulation 2004/28, promulgated on 30 July 2003 and animal feeding stuffs sectors; First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feeding-stuffs REGULATION (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency; DIRECTIVE 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products; DIRECTIVE 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use; COMMISSION DIRECTIVE 2003/63/EC of 25 June 2003 amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use; COUNCIL REGULATION (EC) No 1647/2003 of 18 June 2003 amending Regulation (EEC) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the evaluation of Medicinal Products; DIRECTIVE 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use; DIRECTIVE 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products; DIRECTIVE 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use; COUNCIL REGULATION (EEC) No 2309/93 of 22 July 1993 Kosovo Agriculture and Rural Development Project Environmental Management Framework 96 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products; Law on Livestock in Kosovo No. 2004/33, UNMIK European Convention for the protection of animals kept for farming Regulation 2004/39, promulgated on 14 October 2003 purposes of 17 November 1978 Law on Animal Welfare in Kosova No. 02/L-10, Council Decision 78/923/EEC of 19 June 1978 concerning the UNMIK Regulation 2005/24, promulgated on 5 May conclusion of the European Convention for the protection of animals 2003 kept for farming purposes 17 November 1978; COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes 8 August 1998; Commission Decision 2000/50/EC of 17 December 1999 concerning minimum requirements for the inspection of holdings on which animals are kept for farming purposes 25 January 2000; Law on Wine in Kosovo No. 02/L-8, UNMIK Commission Regulation (EC) No. 753/2002 lays down the Regulation 2005/47, promulgated on 14 October 2005 description, designation, presentation and protection of certain wine sector products; Commission Regulation (EC) No. 1607/2000 lays down detailed rules for quality wines; Kosovo Agriculture and Rural Development Project Environmental Management Framework 97 Council Regulation (EC) No. 1493/1999 on the common organization of the wine market; Law on Hunting in Kosovo No. 02/L-53, UNMIK Regulation 2006/41, promulgated on 11 August 2006 COUNCIL DIRECTIVE 79/409/EEC of 2 April 1979 on the conservation of wild birds; COUNCIL DIRECTIVE 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons; Law on Fishery and Aquaculture in Kosovo No. 02/L- COUNCIL DIRECTIVE of 22 July 1991 laying down the health 85, UNMIK Regulation 2006/58, promulgated on 20 conditions for the production and the placing on the market of fishery December 2006 products 91/493/EEC; COUNCIL DIRECTIVE 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products; Law on Plant Protection in Kosovo No. 02/L-95, COUNCIL DIRECTIVE 2000/29/EC of 8 May 2000 on protective UNMIK Regulation 2007/6, promulgated on 31 measures against the introduction into the Community of organisms January 2007 harmful to plants or plant products and against their spread within the Community; COMMISION DIRECTIVE 92/105/EEC of 3 December 1992 on establishing a degree of standardization for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement; COMMISION DIRECTIVE 92/90/EEC of 3 November 1992 on establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration; COUNCIL DIRECTIVE of 15 July 1991 concerning the placing of Kosovo Agriculture and Rural Development Project Environmental Management Framework 98 plant protection products on the market (91/414/EEC); COMMISSION DIRECTIVE 2004/102/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; COMMISSION DIRECTIVE 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community COUNCIL DIRECTIVE 95/44 EEC of 26 June 2005, (amended) establishing the conditions under which certain harmful organisms, plants or plant products may be introduced within the Community for trial or scientific purposes or for work on varietal selection; COUNCIL DIRECTIVE 94/3/EEC of 3 May 2000 on Procedures for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger; COMMISSION DIRECTIVE 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register; Law on Irrigation of Agricultural Lands No. 02/L-9, Council Directive 2000/60/EC of the European Parliment and of the UNMIK Regulation 2005/49, promulgated on 25 Counsil of 23 October 2000 establishing a framework for Community November 2005 action in the field of water policy; Law on Organic Farming in Kosovo No. 02/L-122, EU REGULATION (EEC) No 2092/91 of 24 June 1991 on organic UNMIK Regulation 2008/2, promulgated on 8 January production of agricultural products and indications referring thereto 2008 on agricultural products and foodstuffs; Law on Apiculture in Kosovo No. 02/l-111, UNMIK COUNCIL DIRECTIVE 2001/110/EC of 20 December 2001 relating Regulation 2008/5, promulgated on 8 February 2008 to honey; Kosovo Agriculture and Rural Development Project Environmental Management Framework 99 Law on protection of plant varieties, No. 02/L-98 DIRECTIVE 98/44/EC OF THE EUROPEAN PARLIAMENT AND UNMIK Regulation No. 2008/24 promulgated on 16 OF THE COUNCIL of 6 July 1998 on the legal protection of May 2008 biotechnological inventions; COMMISSION DIRECTIVE 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties; Draft Law on Food (still not promulgated) REGULATION (EC) (28 January2002, laying down the general principles and requirements of food law, establishing the European Food Safety Authority, No 178/2002) REGULATION (EC) No 882/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules; REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the hygiene of foodstuffs REGULATION (EC) NO 183/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 January 2005 laying down requirements for feed hygiene; DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs; COUNCIL DIRECTIVE 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption; Kosovo Agriculture and Rural Development Project Environmental Management Framework 100 REGULATION (EC) NO 258/97 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 January 1997 concerning novel foods and novel food ingredients; DIRECTIVE 2001/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 March 2001on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC; Draft law on GMOs (still not promulgated) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC; Draft law on protection of plant production (still not REGULATION (EC) NO 396/2005 OF THE EUROPEAN Promulgated) PARLIAMENT AND OF THE COUNCIL of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC; COUNCIL DIRECTIVE of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (90/642/EEC); COUNCIL DIRECTIVE of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (86/363/EEC); COUNCIL DIRECTIVE of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (86/362/EEC); COUNCIL DIRECTIVE of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (76/895/EEC); COUNCIL DIRECTIVE of 15 July 1991 concerning the placing of plant protection products on the market (91/414/EEC); COUNCIL DIRECTIVE of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and Kosovo Agriculture and Rural Development Project Environmental Management Framework 101 vegetables (76/895/EEC); Draft law agricultural inspection (still not No reference in EU Legislation promulgated) Draft law on agriculture and rural development (still in COUNCIL REGULATION (EC) No 1290/2005 of 21 June 2005 on drafting process) the financing of the common agricultural policy; COUNCIL REGULATION No. 1782/2003 of 29 of September 2003 that sets common rules for direct support schemes within common agriculture policy; CUNCIL REGULATION No. 1698/2005 of 20 September 2005 on supporting rural development from European Agricultural Fund for Rural Development; Amending Law on Environment Protection, LM- DIRECTIVE 2003/4/EC of 28 January 2003 on public access to No.2003/8 UNMIK Regulation 2003/9 promulgated environmental information and repealing Council Directive on 15 April 2003 (still not promulgated) 90/313/EEC; Law on Environmental Impact Assessment No. 03/L- COUNCIL DIRECTIVE 85/337/EEC of 27 June 1985 on the 024 (not yet promulgated) assessment of the effects of certain public and private projects on the environment as amended by Directive 97/11/EC and by Directive 2003/35/EC; DIRECTIVE 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of drawing up certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC; Law on Environmental Strategic Assessment No. DIRECTIVE 2001/42/EC of the EUROPEAN PARLIAMENT and 03/L-015 (not yet promulgated) the COUNCIL of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (SEA); Law On Air Protection from Pollution No.2004//30, COUNCIL DIRECTIVE 96/62/EC of 27 September 1996 on Kosovo Agriculture and Rural Development Project Environmental Management Framework 102 UNMIK Regulation 2004/48 promulgated on 25 ambient air quality assessment and management, as amended by November 2004 Regulation (EC) 1882/2003 Council Directive 1999/30/E of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, as amended by Decision 2001/744/EC; DIRECTIVE 2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air; Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air; COUNCIL DIRECTIVE 2004/107/EC of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air; The Law on Nature Conservation No-02/L-18, COUNCIL DIRECTIVE 79/409/EEC of 2 April 1979 on the UNMIK Regulation 2006/22 promulgated on 24 April conservation of wild birds as amended by Directives 81/854/EEC, 2006 85/411/EEC, 86/122/EEC, 90/656/EEC, 91/244/EEC, 94/24/EC, 97/49/EC and Regulation (EC) 807/2003; COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 97/62/EC and Regulation (EC) 1882/2003 COUNCIL REGULATION 338/97 of 9. December 1996 on the protection of species of wild fauna and flora by regulating trade therein, as amended by Commission Regulations 1497/2003 and 834/2004, 252/2005 and 1332/2005; COMMISSION REGULATION 1808/2001 of 30. August 2001 laying down detailed rules concerning the implementation of Council Regulation 338/97 on the protection of species of wild fauna and flora by regulating trade therein; COMMISSION REGULATION 349/2003 of 25. February 2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora; The Law on Waste No. 02 / L -30 UNMIK DIRECTIVE 2000/76/EC of the European Parliament and of the Kosovo Agriculture and Rural Development Project Environmental Management Framework 103 Regulation 2006/31 promulgated on 5 May 2006 Council of 4 December 2000 on the incineration of waste; DIRECTIVE 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste; COUNCIL DIRECTIVE 91/689/EEC of 12 December 1991 on hazardous waste as amended by Directive 94/31/EC and Regulation (EC) 166/2006; COUNCIL DIRECTIVE 94/62/EC of 20. December 1994 on packaging and packaging waste amended by Regulation (EC) 1882/2003 and Directives 2004/12 and 2005/20/EC; The Law on Water No. 02/L-24 UNMIK Regulation COUNCIL DIRECTIVE 91/271/EEC of 21 May 1991 concerning 2004/41 promulgated on 14 October 2004. urban waste water treatment (as amended by Commission Directive 98/15/EC) and Regulation (EC) 1882/2003); COUNCIL DIRECTIVE 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, as amended by Regulation (EC) 1882/2003; COUNCIL DIRECTIVE 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (“drinking water”), as amended by Regulation (EC) 1882/2003; DIRECTIVE 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, as amended by Decision 2455/2001/EC; The Law on Chemicals No. 02/L116 promulgated with COUNCIL DIRECTIVE 67/548/EEC of 27 June 1967 on the UNMIK Regulation No. 2008/8 of 8 February 2008 classification, packaging and labelling of dangerous substances; COUNCIL REGULATION E EC/793/93of 23 March 1993 on the evaluation and control of the risks of existing substances, as amended by Regulation (EC) 1882/2003; Regulation EC/304/2003 of the European Parliament and of the Kosovo Agriculture and Rural Development Project Environmental Management Framework 104 Council of 28 January 2003 concerning the export and import of dangerous chemicals, as amended by Regulations (EC) 1213/2003,775/2004 and 777/2006 Law on Integrated Pollution Prevention and Control COUNCIL DIRECTIVE 96/61/EC of 24 September 1996 concerning (IPPC) /still in the process of drafting integrated pollution prevention and control (IPPC) as amended by Directives 2003/35/EC, 2003/87/EC, Regulation (EC) 1882/2003 and Regulation (EC) 166/2006; COUNCIL DIRECTIVE 96/82/EC of 9. December 1996 on the control of major-accident hazards involving dangerous substances replacing 82/501/EEC as amended by Directive 2003/105 and Regulation (EC) 1882/2003; DIRECTIVE 2001/80/EC of the EUROPEAN PARLIAMENT and of the COUNCIL of 23 October 2001on the limitation of emissions of certain pollutants into the air from large combustion plants, as amended by Directive 2004/42; Kosovo Agriculture and Rural Development Project Environmental Management Framework 105 Appendix 7: Social Impact Assessment – Support Document to the ESMF Kosovo Agriculture and Rural Development Project Environmental Management Framework 106 Kosovo Agriculture and Rural Development Project: Rapid Social Assessment and Management Framework As part of the preparation of the Kosovo Agriculture and Rural Development Project it was decided to conduct a rapid social assessment in order issues surrounding access and inclusion to project activities. To this end, a World Bank Consultant, under the guidance of the Task Team Social Development specialist conducted a number of meetings and focus group discussions with relevant stakeholders including municipal rural advisors, Local Action Group representatives, Farmer Associations and Agricultural Cooperative Representatives, and Agriculture focused Non-Governmental Organizations. The assessment involved consultations with farmers, NGOs, Municipal Advisors, Ministry Officials and representatives of Local Action Groups. Overall, eight focus group discussions were attended by close to 60 farmers in five different municipalities. In each of these municipalities meetings were also held with representatives of Local Action Groups and municipal advisors. Ag-focused NGOs were also consulted as part of the assessment including the Kosovo Development Center in Gjakovo, Rimekembja e Bujqesise in Suhareke, and Aurole Women’s Association Based out of Pristina. Furthermore, key documents such as the 2009 Country Economic Memorandum and the 2007 Poverty Assessment were consulted in the preparation of this assessment. What follows is a discussion of the main findings of the assessment including a discussion of poverty and social inclusion in rural Kosovo and among the agricultural population. It also includes a discussion on access to productive resources and services, the role of marginalized groups, and the role of capacity of non-governmental actors in rural areas to support rural development. Based on these findings a social management framework is proposed for mitigating many of the social impacts identified. Social Assessment Findings Poverty and Social Inclusion Rural Areas in Kosovo are host to a large proportion of the country’s poor h ouseholds, most of which are relying on agriculture as a source of income and are constrained through lack of access to investment capital and up to date knowledge on agricultural practices. The majority of the population of Kosovo (60%) reside in rural areas, which is well above the average for other countries in the region. Among this population, about 70% depend on agriculture for their livelihoods. According to the 2007 World Bank Poverty Assessment, both extreme and absolute poverty were most pronounced in rural areas of Kosovo, with close to half the population of rural areas experience absolute poverty compared to 41% of the urban population. While agricultural households, experience average poverty rates, they are also the third biggest contributor to poverty in Kosovo. Among the agricultural population poverty is highly correlated with access to key productive assets such as land, livestock, and agricultural equipment. Individuals without access to these resources have the highest estimated incidence of poverty in rural Kosovo. According to the most recent Country Economic Memorandum, data from 2005 indicating that Kosovo Agriculture and Rural Development Project Environmental Management Framework 107 90% of the rural population had land, 55% had livestock, while 15% depended on subsistence agriculture. However, the potential to effectively use these assets to combat household poverty is constrained by low agricultural productivity, due to small and fragmented holdings, lack of access to investment capital, and the use of inefficient farming and farm management practices. Poverty also has a spatial aspect in Kosovo, with the highest incidence of poverty occurring in the regions of Ferizaji, followed by Mitrovica and Gjakova. Access to Key Rural Development Resources and Services, including …. Advisory Services A good deal of attention has been paid to the development, organization and strengthening of the advisory service in Kosovo, but more needs to be done in order to maximize its potential. The Kosovo Rural Advisory Service came into existence in 2003 and with the support of the EU financed Strengthening Rural Advisory and Support Services (SASS) project. The SASS project successfully trained 70 local experts from Municipalities, the Ministry of Agriculture, as well as the private and NGO sector on a range of topics (farm management, marketing, group development and communications). The direct delivery of advisory services is the responsibility of the Municipalities. Each Municipalities have a department of agriculture and an agronomist/livestock-specialist responsible for advising farmers and who has been trained under SASS. A key role played by advisors is assisting farmers who want to apply for grants or other forms of financial support. The Ministry of Agriculture supports Municipal Rural Advisors, through its seven regional offices, and through contracting private companies and NGOs to provide training to advisors, as well as complementary advisory support and extension materials to farmers. Municipal advisors need support on a range of issues, including strengthening their knowledge on business plan preparation, budget to conduct field visits, and modern equipment to disseminate information. Discussions with Ministry staff and municipal advisors helped with the identification of key topics where knowledge needs to be strengthened: rural diversification, developing business plans and grant proposals, EU hygiene and quality standards (e.g. in Dairy Farming), environmental planning and management. Another major constraint facing municipal advisors include mobility difficulties (lack of vehicles and travel budget), and equipment (scanners, photocopiers, projectors etc..). Farmers appreciate the importance of the advisory service, and expressed interest in strengthening their knowledge of business planning, rural diversification, modern production techniques, and ecologically friendly farming. Discussions with farmers confirmed the importance of advisory services and the need to provide technical and financial assistance to municipal advisors. Farmers expressed a reluctance to use private advisory services, although they had experience of using the services of local Non-Governmental Organizations. Other sources of information included the media as well as brochures and leaflets addressing agricultural topics. No farmers consulted had received advisory services for the preparation of business plans, or on the topics of rural diversification or environmental management. Overall, there was an interest in learning more about the role of municipal advisors, and the potential to use other types of advisory service provider. Particular topics farmers expressed an interest in learning more about included ecologically friendly production, rural tourism, new techniques in agricultural and livestock production, marketing and agro-processing. Kosovo Agriculture and Rural Development Project Environmental Management Framework 108 …. Rural Development Finance A key constraint to the development of agriculture in Kosovo, identified during discussions with farmers, is the lack of investment capital. Currently, farmers finance investments using their own funds. Only rarely do they use credit finance due to largely unfavorable terms. According to the most recent World Bank Country Economic Memorandum (2009), small scale farmers are not attractive to lenders due to small transaction sizes, their geographic dispersion, high risk and lack of usable fixed assets for collateral. As a result, agriculture represents only 4.1% of the total lending, with most credit going to agri- processing. Furthermore, credit is usually extended in the form of very small, high interest, short-term micro-finance loans for seasonal activities. Farmers, are aware of grant finance available through MAFRD (from sources such as rural advisors, NGOs, and the Media), but find the procedures and documentation required complicated. When the requirement for pre-financing investment was discussed options considered included loans from relatives and the Banks. There was a willingness to provide match financing, even for environmental investments, but again lacked the necessary access to capital. ….Productive Land Many farmers possess small and fragmented landholdings and have difficulties accessing titles, making on-farm investment challenging. The privatization of land has proceeded in a piecemeal fashion in order to ensure stable land market process. The manner in which the process has been implemented has led to a small number of large agricultural enterprises, and a large number of farmers with small and fragmented holdings. As in many other parts of the Western Balkans, the medium-sized competitive segment of farming is small. According to the Country Economic Memorandum, the situation is further complicated by the fact that there are still 30,000 conflict related claims on rural lending pending at the Kosovo property agency, the widespread use of falsified documents over the last decade, the large number of absentee owners who left during the conflict or migrated abroad. That said, high levels of social capital in rural areas have allowed informal renting of land among relatives and neighbors to continue. The Role of different social groups, including …the role of Women Women play a critical but often ignored role in agriculture. It was understood by farmers and others consulted that women played a critical, but largely invisible, role in agricultural production. Most decisions related to the development of the farm are made by male household heads. Factors cited as preventing female engagement in decision making include the lack of emancipation and traditional values. The number of female headed households is small, however, in some villages where male household members were killed during the conflict there are clusters of disadvantaged female headed households in need of financial and advisory assistance. However, the Women’s Association, Aureola, expressed concern that many of these households were not in a position to avail of such assistance. This same association has been successful in establishing horticulture operations designed to support women’s Kosovo Agriculture and Rural Development Project Environmental Management Framework 109 income generating activities in a number of municipalities and is now focused and growing and expanding such operations. …the role of Ethnic Minorities While engaging with minority communities in the Northern municipalities may prove difficult, many such communities across the country will make an important contribution to agricultural and rural development. Many rural areas in Kosovo are characterized by ethnic minority communities including Serbian communities as well as Gorani, Roma, Turk, Ashkali and Egyption. In some ethnically mixed municipalies such as Gilan and Novo Berde, multi-ethnic farmer’s associations have been established with donor assistance. According to these associations farmers from different ethnic groups work well together in developing and implementing agricultural projects. According to the MAFRD and Municipal Advisors, members of all ethnic groups are treated the same way. However, in other locations, such as the Northern Serbian majority municipalities do not engage in government programs, but are focused on receiving services and support from Belgrade. That said, it is expected that Serbian and other ethnic communities elsewhere in the country will fully engage in the project. …the Role of Young Farmers The agricultural population of Kosovo is characterized by a growing number of younger farmers who have limited knowledge of good agricultural practices and limited access to investment capital. Overall the rural population of Kosovo is very young, with 60% being under the age of 30. It is understood that the number of young farmers in Kosovo is growing, due to a shortage of non-farm employment opportunities. However, in majority Serb municipalities, the share of the farmer population over 50 years old is much high than the rest of the country, due to high levels of outmigration by young people in search of better economic and employment opportunities. Younger farmers face challenges such as difficulties in access capital, and a lack of equipment and physical infrastructure. Another key constraint is their poor levels of technical knowledge relating to agriculture as well as a lack of knowledge surrounding business planning and management. These knowledge gaps stem from the fact that many of these younger farmers are new-entrants to the sector and who did not have previous exposure to agriculture or farm management. The role and capacity of Non-Governmental Actors, including … Civil Society Organizations While many NGOs play an important role in the development of agriculture in the municipalities they work in, they are not actively engaged in the debate surrounding the future of agricultural policy in Kosovo.The MAFRD has consulted with and supported Civil Society Organizations in the past. However, coordinating with NGOs in Kosovo is a challenging task due to the plethora of organizations in existence and the fact that the agenda of many local NGOs was driven by the donor community. That said, there are a number of technically strong local NGOs including the Kosovo Development Center in Gjakovo, Rimekembja e Bujqesise in Shareke, the Initiative for the Agricultural Development of Kosovo in Mitrovica, Anadrin in Xerxa and Prizren, and Auriole based out of Prishtina. …Farmer Representative Organizations Kosovo Agriculture and Rural Development Project Environmental Management Framework 110 While farmers do get an opportunity to communicate their concerns to MAFRD, there is no systematic mechanism for doing so. With donor support, many farmer associations have been established at the local level in Kosovo. However, only a small proportion of these associations are fully operational in the absence of donor support. In some instances these associations have attended meetings with MAFRD in order to discuss policy issues. Otherwise, farmer’s voice their concern directly to Ministry staff at the local or regional level or through Non-Governmental Organizations at the national level. …Local Action Groups Local Action Groups have been established across Kosovo, and while they are an important source of innovative ideas for rural development they are constrained in their ability to access grant finance. An EU financed twinning project supported the establishment of Local Action Groups for rural development in each of the Municipalities in Kosovo. These groups are modeled on those supported under Axis IV of the rural development pillar of the EU Common Agricultural Policy. Such groups bring together public and private actors to prepare and implement an integrated local development strategy for the territory of the municipality. In the case of Kosovo, strategies have been prepared for almost all municipalities. However, many LAGs have encountered difficulties implementing these strategies due to the limited amount of grant finance made available by the MAFRD and their limited capacity to prepare fundable business plans and grant proposals. Social Management Framework The following matrix is the proposed social management framework for the project. This matrix summarizes the potential social development concerns related to the project based on the findings of the rapid social assessment and how the project could respond to these concerns. It also identifies who within MAFRD, or among the project consultants is responsible for taking action along with possible performance indicators could be used to measure the success of the response. Below there is also a brief description of other important measures that will need to be put in place to ensure the project is responsive to social issues as they arise during implementation. Social Concern Proposed Project Response Responsibilit Indicators y Poor farm households i) Component 1 of the project on i) MAFRD i) Number of development constrained transferring knowledge Rural farmers trained through lack of access to Advisory Unit development capital and up to ii) Component 2 of the project ii) Number of date knowledge enhancing investments (rural ii) MAFRD grants disbursed grants) Paying Unit to medium/small sized farmers Municipal advisors lack the Component 1 of the project MAFRD i) Number of knowledge, budget and Rural advisors trained Advisory Unit Kosovo Agriculture and Rural Development Project Environmental Management Framework 111 equipment to do their work & Advisory ii) Number of Service farmers receiving Contractors advice increases Many farmers possess small Environmental Screening of the MAFRD Number of grants and fragmented landholdings project will check whether or not Paying Unit delayed in and have difficulties accessing farmers have title to the site for processing due titles, making on-farm investment and if there any site related issues investment challenging disputes related to site use or ownership. Also, guidance will be provided on steps necessary to obtain title Women play an important but i) Additional points awarded to MAFRD i) Number of oft ignored role in agricultural grant proposals put forward by Paying Unit grants given to production female headed households (FHH) FHH’s. ii) Additional points awarded to grant proposals put forward by women’s associations (WA’s) ii) Number of grants given to iii) Advisory Service Contractor WA performance judged in-part by number of women trained Advisory Service iii) Number of Contractors women trained Across Kosovo, ethnic i) Additional points awarded to i) MAFRD i) Number of minority communities have an grant proposals put forward by Paying Unit grants given to important contribution to make multi-ethnic associations/partners MEA’s to Agricultural development (MEA) ii) Additional training events ii) Advisory scheduled in multi-ethnic Service ii) Number of municipalities where feasible Contractors training events in multi-ethnic areas Younger farmers have limited i) Additional points awarded to i) MAFRD i) Number of knowledge of good agricultural grant proposals put forward by grants given to Kosovo Agriculture and Rural Development Project Environmental Management Framework 112 practices and limited access to younger farmers (YF) Paying Unit YFs capital ii) Advisory Service Contractor performance judged in-part by number of YF trained ii) Advisory ii) Number of Service YFs participating Contractors in training sessions Civil Society is not engaged in i) Bi-annual feedback and i) MAFRD i) Occurrence and the debate surrounding the discussion session with Civil attendance at development and Society Organizations on project events implementation of agricultural and policy policy and projects such as KARD ii) Participation in ii) training on agricultural policy ii) Advisory training sessions engagement included in relevant Service by CSO reps advisory service contract Contractors While farmers do get an i) Bi-annual feedback and Project M&E i) Participation in opportunity to communicate discussions with farmers at the specialist feedback sessions their concerns to MAFRD, regional level there is no systematic ii) Survey mechanism for doing so. ii) Social Survey of project response rate beneficiaries and wider farmer population Local Action Groups (LAGs) Advisory service contract Advisory Number of LAGs are constrained in their ability dedicated to supporting LAGs Service applying for to access grant finance. and associations in accessing Contractors grants rural grants Grievance Redress Mechanisms:Within the paying unit a grievance focal point (most likely the M&E officer) will be appointed to address any concerns related to the allocation of grants of the delivery of advisory services under the project. The name and contact details of the focal point will be published in project promotional material along with their rights to air grievances and seek redress about the implementation of the project. If the focal point cannot resolve the issue on the spot, then a multi- stakeholder committee should be formed comprising an official from MAFRD, along with members of IPARD monitoring committee who represent the farmers association and civil society. This deliberation process should be completed within two weeks of receiving the complaint. Kosovo Agriculture and Rural Development Project Environmental Management Framework 113 Ongoing Social Assessment:In order to properly target the activities being supported by the project it will be important to conduct an initial social survey of a geographically representative sample of farmers in different parts of Kosovo, followed by two follow-up surveys (near mid-term and project close) of both a sample of farmers, and of farmers who benefitted from the project. This survey would be useful in gathering more detailed information on the needs and aspirations of farmers, what they expect from project activities, barriers experienced by ethnic minorities and other vulnerable groups in accessing grant financing and advisory services. It could also help identify sources of information used by different groups of farmers to learn about investment opportunities and the latest agricultural and management techniques. The follow-up surveys will also measure farmer awareness of the project activities and levels of satisfaction with those activities among project beneficiaries. Public Awareness Campaign:Different types of publicity campaigns will be used for each component of the project. The publicity campaign for Component will be a contractual responsibility of the Advisory Service Contractor who will be expected to produce brochures and other learning and promotional material as part of their work-program. In order to properly promote the grants program, the MAFRD will need to use the results of the social survey to prepare and implement a public awareness campaign that targets all relevant groups of farmers in the country. This success of this campaign in raising awareness of project activities will be measured in the follow-up surveys. Kosovo Agriculture and Rural Development Project Environmental Management Framework 114 Appendix 8: LIST OF THE ACTIVITIES THAT REQUIRE A MUNICIPAL ENVIRONMENTAL PERMIT 1. Auto-services 2. Car-washes; 3. Gasoline fuel stations with capacity up to 49m3 4. Outlets of the gas (LNG) to 4.9 m3; 5. Sawing of wood material; 6. Forest improvement projects, afforestation, arrangements, etc.; 7. Plants for wood processing, joinery, seating up to 1000 m³ / year; 8. Factory for natural mineral water packaging, with capacity up to 0.5 m3 per day; 9. Factory for production of fruit juices, soft drinks, alcoholic drinks with capacity up to 0.5 m3 per day; 10. Furnaces for production of bread and flour products; 11. Sewage and wastewater and their rehabilitation; 12. Rehabilitation of existing water supplies; 13. Reconstruction of existing urban and rural roads and construction of new road axes (length up to 2 km); 14. Factory for processing of milk and his own products, up 1000kg/per day; 15. Factory for processing of vegetable oils, sunflower, etc., with capacity 500 l / day 16. Slaughterhouse with a capacity up to 3 bovines/day; 17. Factory for processing of fruits and vegetables, 1000kg/day; 18. Production of lime (Loss) to 100 tones / year: 19. Production of concrete and prefabricated elements, tiles etc.. with capacity up to 50 m³ concrete / day 20. Storage of packaged lubricants, in production-place. 21. Accumulation of construction demolition waste for recycling purposes including selection, mechanical grinding and disposal of domestic and storage allocation; 22. Manufacture of shoes and other similar accessories without chemical processes (Sewing, gluing fitting); 23. Manufacture of paperboard and other packaging, with capacity up to 500 kg / day. 24. Growth of fish in artificial ponds, surface to 300 m; 25. Small workshops for marble processing, in total, up to 200 m² facility. 26. Construction of housing and services, with building area greater than 1000m ². 27. Plantations of fruit trees. 28. The activity of compost, with total amount up to 100m3 Typeset or 40 tons during. 29. Storage of chemical fertilizers and pesticides with storage capacity up to 10 tons. 30. Eating-houses. 31. Places where they are stored, less than 10 tons of solid waste. 32. Places where they are stored, less than 2 tons of non-hazardous waste. 33. Trading countries of outdoor animals (traditional markets) or closed. 34. Industrial and urban markets of plant and animal products. 35. Highlights of storage and trading of building materials. 36. Refrigerated warehouses for packaged food products with a total storage capacity up to 50 tons. 37. Plants for recycling plastic and mass production capacity to 1000 t / year. 38. Installations for the intensive rearing of poultry, swine, cattle and large flocks that have less than: - 2000 bird or poultry - 100 pigs; - 30 cattle; - 200 small livestock. Kosovo Agriculture and Rural Development Project Environmental Management Framework 115 Appendix 9. The EIA procedures defined by the Kosovan legislation Based on the Law No.03/L-214 “on Environmental Impact Assessment”, Chapter III, the enterprises or public authorities who plan to construct one industrial object, of processing, major work or project, which has potential to cause environmental damage, before construction of these objects should make an Evaluation of Environmental Impact Assessment (EIA). The applicant shall present to the MESP (art.11) the application for starting the EIA procedure together with follow-up documentation. The applicant should attach to the application:  the list of the documents determined by MESP according to type and nature of projects or implementing activities;  the fulfilled questionnaire determined by MESP regarding the environmental impacts of proposed project, a location description, a project description, a description of potential project impacts in the environment. Annexes I and II list the projects that need an EIA, while Annex III identifies the following criteria for EIA screening: 1. Characteristics of the projects 2. Location of projects 3. Characteristics of potential impacts Based on the information presented together with the application and with regard to the above mentioned projects listed in Annex I, Annex II, and criteria set out in Annex III, the MESP within 10 days from the day of receipt application, in written form should inform the applicant on taken decision, if EIA Report is required or not. In addition, in conformity with section 20 paragraphs 4, 5 and 6 of the Law on EIA the government of Kosovo has issued the Administrative Instructions No.09/2004 “on Evaluation of Environmental Impact”, which determines the procedures for identification, evaluation, reporting and management of environmental impacts of one proposed project, from the projects listed in Annexes I and II attached to this AI. The Annex I of this AI No.09/2004 determines the activities that are subject to the full process of EIA: produce and processing of metals; industry of minerals; extracting industry, energy production, chemical industry; infrastructure of transport, transmission lines, etc. In compliance with Article 7 of the Law No.03/L-214 “on Environmental Impact Assessment” an environmental consent shall be required for every public or private project listed in Annex I or Annex II of this Law, which is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location. On the base of the same Law, all projects which are listed in Annex I shall be obliged to implement an EIA, asking the corresponding authorization from the Ministry of Environment and Spatial Planning (MESP), while projects listed in Annex II shall be examined, case by case and in accordance with the criteria set out in Annex III, in order to determine whether they must require an EIA. It is very important to mention that the MESP shall not grant any environmental consent mentioned above until an EIA has been carried out on the project and the applicants shall not be granted a construction permit or any other permit (including IPPC) for the above mentioned projects and he shall not begin to execute any of them, until he has not been granted an environmental consent by the same MESP. Only in the case of projects with national defence purposes and upon decision of the Government, the MESP may allow, for special cases, the non-completion of the EIA. The procedures for the approval of an EIA are defined by Chapter III of the Law No.03/L-214 “On Environmental Impact Assessment” and by the Administrative Instruction No.09/2004 “On Environmental Impact Assessment” (this Administrative Instruction issued by UNMIK has been largely Kosovo Agriculture and Rural Development Project Environmental Management Framework 116 replaced by the Law No.03/L-214). According to this Kosovan Law, the EIA procedure includes the following phases: (1) selection; (2) scoping; (3) review of EIA Report. In addition to these phases, other phases not specifically mentioned as EIA phases, like the application, consultation, approval has been considered by the same Law and are briefly summarized by the Fig. xxx of the following page. In the same Figure are also underlined (in blue and yellow colours) the following activities that are under the responsibility of MESP officials in compliance with the above mentioned Law No.03/L-214: PREPARATION AND DELIVERING OF THE APPLICATION: the Applicant shall prepare an Application to start the EIA together with follow-up information and documentation to be delivered to the MESP (see Article 11). The required information/documents to be included in such Application are: (1) name, address, legal status of the applicant and the name of the project; (2) documents determined by the MESP, according to the type and nature of the projects or activities; (3) a completed questionnaire, determined by the same MESP, covering a description of the proposed project, a description of the location, and a description of the potential impacts of the proposed project on the environment. CHECK OF THE APPLICATION: The MESP shall check the information, documentation and questionnaire included in the application (see Article 12) and determine, within 10 days from the date of its delivering, if it is completed as per legal requirements and on the base of the criteria defined in Annex III to the EIA Law, and if it needs an EIA ministerial approval (or if a simple Municipal Environmental Consent is sufficient). If the documentation accompanying the application is incomplete, the MESP shall request from the applicant additional information and documentation and shall designate the date by which it must be delivered (no specific terms have been indicated by the Law). If the applicant does not submit the additional information and documentation by the designated date, the MESP shall reject the application. If the applicant does not agree with the decision taken by the MESP, he has the right to appeal within the term of 8 days, from the day he receives the MESP’s decision. The appeal shall be performed by the same MESP. CHECK OF THE KIND OF REQUIRED ENVIRONMENTAL CONSENT: the obligations for the MESP authorisation (environmental consent) are defined by the Article 7 of the Law No. 03/L-214 “on Environmental Impact Assessment”. This article prescribes that all project listed in Annex I of the Law “on Environmental Impact Assessment” are obliged to undergo an EIA, while an environmental consent is required for every public or private project listed in Annex I or Annex II of the same Law, which is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or locationThe MESP shall also check if the EIA report is not required in compliance with the list specified in Annex 1 (Article 12). In the case the MESP should confirm that the EIA is not required, it could transmit the corresponding application to the affected Municipality in order to initiate the procedure for issuing an Environmental Municipal Permit. ISSUING A SCOPING NOTIFICATION: If the Application is accepted, the responsible officer of MESP issues a Scoping Notification to the Applicant (Article 13) within 30 days of receipt of a request from the same Applicant for an Environmental Scoping Report [ESP] including the request for: (1) description of possible alternatives; (2) description of significant impacts; (3) reasons for identifying these impacts; (4) description of protection measures. The issue of a scoping notification shall not prevent the MESP from requiring additional information at a later date. PREPARATION AND DELIVERING OF SCOPING REPORT: The Applicant shall present this information to the MESP in a brief Scoping Report (Article 14), not exceeding 3 pages in length, which shall be included in the EIA report being also considered as its executive summary. Kosovo Agriculture and Rural Development Project Environmental Management Framework 117 PREPARATION AND DELIVERING OF THE EIA: In addition to the Scoping Report the Applicant shall present to MESP the EIA with the contents specified in Article 15. The EIA Report shall be compiled by duly licensed legal and natural persons (Article 16) authorized in accordance with the Administrative Instruction No.07/11 “on licensing compilers of Environmental Impact Assessment”. The Applicant shall submit 4 written copies of an EIA Report and 1 electronic copy to the MESP (Article 17) together with a proof that he has paid the required fee, determined by the Administrative Instruction No.11/11 “on the determination of the amount of the fee for services relating to the environmental impact assessment”. REVIEW OF THE EIA BY EXPERTS: Within 5 days from receipt of the EIA Report, MESP shall send 3 hard copies of the EIA Report and 1 electronic copy to the responsible consultative bodies for reviewing the EIA Report (Article 18) in in accordance with: (1) adequacy of project description including alternatives; (2) adequacy of identification and evaluation of environmental impacts; (3) adequacy of mitigation measures; (4) adequacy of proposed monitoring schemes; (5) other criterias. For the review of EIA reports on particular projects the Kosovo Environment Protection Agency, will provide all necessary information which is in its possession and which is necessary for that review. In addition to the experts involved in the EIA review, the MESP may, as necessary, contract external experts having proven expertise in EIA (Article 19) that shall present their opinions, in writing, to the MESP by a date that shall be specified by the same Ministry. ISSUING THE DRAFT DECISION FOR EIA: The MESP, after reviewing the EIA Report, taking in consideration results of consults by environmental authorities shall prepare and issue its draft Decision, which will be presented, in writing, to the applicant (Article 18). ORGANISATION OF THE PUBLIC DEBATE: The main conclusions and recommendations included in the EIA Report and in the proposal decision for environmental consent shall be subject to public debate (Article 20) that shall be planned, organised and implemented by the Applicant to collect the corresponding opinions and remarks from the public. The Public Consultation Plan (PCP) prepared by the Applicant shall determine the location, date of the public debate, the mechanisms and times for informing the public, and the locations where the Non-Technical Summary of the EIA Report and the proposal decision will be displayed (Article 20). APPROVAL OF THE PUBLIC CONSULTATION PLAN: MESP shall approve such Public Consultation Plan and the public debate cannot be held until the Applicant has received approval, in writing, from the same MESP (Article 20). IMPLEMENTATION OF THE PUBLIC DEBATE: Applicant shall make the EIA report available to the public (Article 17) in compliance with the Administrative Instruction No.09/11 “ on information, public participation and interested parties in the environmental impact assessment procedures ”, informing the public, through public information media, including an announcement in at least one daily newspaper, of the date, place and time of the public debate and providing the foreseen documents (Article 20) and implement the public debate within 20 to 30 days after the Applicant, the environmental authorities and the public concerned, have been informed. REVIEW THE EIA ON THE BASE OF THE REMARKS FROM PUBLIC DEBATE: Within 10 days from the date on which the public debate was concluded, the MESP shall review the remarks and opinions which emerged in the public debate (Article 21). On the base of the received remarsk and opinions, the MESP may request the Applicant to change or complete designated elements of the EIA Report which was submitted. The applicant shall make the changes required and submit the EIA Report, Kosovo Agriculture and Rural Development Project Environmental Management Framework 118 changed and completed, by the date designated by the MESP. If the Applicant does not meet the MESP request, the same Ministry shall suspend the procedure of review. PREPARATION OF THE PROPOSAL-DECISION FOR THE ENVIRONMENTAL CONSENT. The results of consultations and the information gathered pursuant to provisions of the EIA Law shall be taken into consideration in reaching the decision on the environmental consent (Article 22). The proposal- decision on Environmental Consent shall be prepared by the responsible body of the MESP within 70 days from the receipt of the EIA Report. Within a term of 10 days from the presentation of the proposal- decision on Environmental Consent, the MESP shall decide whether to grant or refuse an Environmental Consent and convey this decision in writing to the applicant and to the Municipality/municipalities in whose area the project will be situated INFORMATION OF THE PUBLIC ABOUT THE ENVIRONMENTAL CONSENT. After taking decision of grant or refuse an environmental consent has been taken, the MESP shall inform the public of the decision by local advertisement (Article 22) and shall make available for public inspection a statement containing: (1) the content of the decision and any eventual foreseen conditions; (2) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; (3) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects; and (4) legal advises for regular means for appeals of the validity of the decision and the procedure Kosovo Agriculture and Rural Development Project Environmental Management Framework 119 *Table x(prepared by.G.Razza) Kosovo Agriculture and Rural Development Project Environmental Management Framework 120 UPDATE to the ESMF April 2021 This document is to provide the update for the Kosovo ARDP ESMF, since the last update of January 2017, in the section of: 1. List of registered the Plant Protection Products - Page 40-50; 2. Status of the primary and secondary Kosovo legislation, related to the agri-environmental and social activities of KARDP - Page 79-105; 3. List of the activities that require a Municipal Environmental Permit according to the ‘Administrative Instruction (MESP)-No.01/2017 for the Release of Municipal Environmental Permit’ Page - 115 1. Plant Production Products authorized for use in Kosovo The Law Plant Protection Products approved on Nov 2008 regulates of placement in the market and control of active substances of products for plant protection, authorization, circulation, use, residue in plants and plant products, record keeping of natural and legal persons included for placement in the market and use of products for plant protection, technical requests for equipment used for application and their elements, responsibilities of authority competent for implementation of this law and its monitoring. This law regulates classification, covering and labelling of products for plant protection, in the accordance with directives of European Commission. Kosovo only registers pesticides permitted in at least one other EU country and containing only active ingredients approved by EU and contained on a continuously- updated EU list. This law also regulates the residue of active substances of products for plant protection, waste of their packages and the method of emission in the environment. Updated Register list of Plant Production Products authorized for use in Kosovo of date 11.11.2020 LEGEND: GHS01 – Explosive GHS02 – Flammable GHS03 – Oxidizing GHS04 – Compressed gas GHS05 – Corrosive GHS06 – Toxic GHS07 – Harmful GHS08 – Health hazard GHS09v- Environmental hazard Pesticide Management and Safeguards WHO Toxicity Classes1 The ‘WHO Recommended Classification of Pesticides by Hazard’ was approved by the 28th World Health Assembly in 1975 and the classification has gained wide acceptance. Guidelines were first issued in 1978, and have been revised and reissued at two-to-three-year intervals. In December 2002 the United Nations Committee on Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labeling of Chemicals (UNCETDG/GHS) approved a document called ‘The Globally Harmonized System of Classification and Labeling of Chemicals’ with the intent to provide a globally- harmonized system to address classification of chemicals, labels, and safety data sheets. 1 World Health Organization (WHO) - The WHO Recommended Classification of Pesticides by Hazard and Guidelines to Classification 2019. Classification and labeling based on acute toxicity form a part of the GHS, but there are some differences between the GHS and the WHO traditional classification of pesticides by hazard. WHO is in the process of adjusting the Pesticide Classification to conform to the GHS. WHO bases its classification on the “acute risk to health”- the risk of single or multiple exposures over a relatively short period of time - that might be encountered accidentally by any person handling the product in accordance with the directions for handling by the manufacturer or in accordance with the rules laid down for storage and transportation by competent international bodies. Prior Informed Consent (PIC) Procedure The Rotterdam Convention was adopted on 10 September 1998 by a Conference of Plenipotentiaries in Rotterdam, the Netherlands. The Convention entered into force on 24 February 2004. The United Nations Environment Program (UNEP) and the UN’s Food and Agricul ture Organization (FAO) had jointly implemented the original PIC procedure, which operated until the adoption of the Rotterdam Convention (officially known as the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade) (see http://www.pic.int, or https://www.echa.europa.eu/home ). Although Kosovo did not sign yet the Convention, it follows its rules and requirements. The objectives of the Convention are: To promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm; and To contribute to the environmentally sound use of those hazardous chemicals, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export, and by disseminating these decisions to Parties. The Convention creates legally binding obligations for the implementation of the PIC procedure. It covers pesticides and industrial chemicals that have been banned or severely restricted for health or environmental reasons by Parties and which Parties have notified for inclusion in the PIC procedure. One notification from each of two specified regions triggers consideration of the addition of a chemical to Annex III of the Convention. Severely hazardous pesticide formulations that present a hazard under conditions of use in developing countries or countries with economies in transition may also be nominated for inclusion in Annex III (see: http://www.pic.int/Portals/5/download.aspx?d=UNEP-FAO-RC-CONVTEXT- 2015.English.pdf) Kosovo, implements the requirements of the Rotterdam Convention through the ‘Administrative Instruction (MESP)-No.23/2015 for Export, Import and Transit of Certain Hazardous Chemicals’, PIC-Procedure, although it is not yet part of the convention. These active ingredients/chemicals and formulations will be excluded for use by KARDP. Pesticide registration in the European Union The European Community (EC) has established a harmonized legal framework for the regulation of pesticides in all member countries of the EC. The Commission of the European Communities, in collaboration with member countries of the EC, is responsible for the registration of pesticide active ingredients (also referred to as active substances) for use in all EC member countries. Individual member countries, called Member States, are responsible for the registration in their country of specific pesticide products containing active ingredients authorized for use by the Commission. The Commission evaluates every active substance for safety before it reaches the market in a product. Substances must be proven safe for people's health, including their residues in food and effects on animal health and the environment. The procedure for approval is described at https://ec.europa.eu/food/plant/pesticides/approval_active_substances_en. The status of registration of pesticides in the EU as per Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC is available at http://ec.europa.eu/food/plant/pesticides/eu- pesticides-database/public/?event=activesubstance.selection&language=EN Global GAP2 Global GAP which began as EurepGAP in 1997, as a private sector initiative by retailers belonging to the Euro-Retailer Producer Working Group, have set voluntary standards for the certification of agricultural products around the globe. It was a reaction to growing concerns by consumers about product safety, and environmental and labor standards. It is a partnership with agricultural producers and retailers who want to establish certification standards and procedures for Good Agricultural Practices (GAP). Local inspectors and auditors are certified to implement these standards in Kosovo. Farmers or farmer groups can only be certified against the Global GAP criteria by authorized Certification Bodies, which are listed on the web: http://www.globalgap.org/uk_en/what-we-do/the-gg-system/certification/Approved-CBs/index.html FAO/WHO Codex Alimentarius3 The Codex Alimentarius is a collection of international food safety standards that have been adopted by the Codex Alimentarius Commission (the ‘Codex’). The Codex is funded jointly by the FAO and WHO, which in the early 1960s, recognized the importance of developing international standards to protect public health and minimize disruption of international food trade. The Codex Alimentarius, or the food code, has become the global reference point for consumers, food producers and processors, national food control agencies and the international food trade. The code has had an enormous impact on the thinking of food producers and processors as well as on the awareness of the end users – the consumers. 2 GlobalGAP website: http://www.globalgap.org/uk_en/ 3 FAO/WHO Codex Alimentarius website: http://www.fao.org/fao-who-codexalimentarius/en/ 2. Kosovo Legal Framework - Agro-Environmental and Social Legislation (Primary and Secondary) relevant to the KARDP activities: General • Law No. 06/L-018 on Ratification of the Financial Agreement for Additional Financing for the Agricultural and Rural Development Project Between the Republic of Kosovo and the International Development Association; • Law No.03/L-098 On Agriculture and Rural Development; • Law No.04/L-090 on amending and supplementing the Law No. 03/L-098 on Agriculture and Rural Development; • AI (MAFRD)-No.02/2020 on the Measures and Criteria of Support in Agriculture and Rural Development for 2020-2021; • AI (MAFRD) - No. 03/2020 on Direct Payments in Agriculture For 2020; Land and irrigation • Law No.04/L-040 on Land Regulation; • Law No.02/L-9 for the Irrigation of Agricultural Lands; • Law No.03/L-198 on the amending and supplementing of Law No.02/L-9 on Irrigation of Agricultural Lands; • AI (MAFRD)-No.01/2020 on the Amendment and Supplement of the Administrative Instruction No.10/2010 on Amendment and Supplement of the Administrative Instruction No.41/2006 for Changing the Destination of Agricultural Land; • Law No.03/L-029 on Agricultural Inspection; • Law No.04/L-074 on Agriculture and Rural Development Advisory Services; • AI (MAFRD)-No.12/2016 on amending and Supplementing of the Administrative Instruction No.07/2011 on Farmers Register; Horticulture • Law No.2004/13 on Planting Material; • Law No.02/L-98 on Protection of Plants Varieties; • Law No.2003/5 Seed Law of Kosovo; • Law No.2003/10 on Artificial Fertilizers; • Law No.04/L-120 on Plant Protection; • Law No.03/L-042 on Plant Protection Products; • List of Registered Plant Protection Products in Kosovo can be downloaded from the MAFRD web site https://www.mbpzhr-ks.net/en/search-results/?s=pmb; • AI (MAFRD) - No. 05/2017 on Repackaging of Plant Protection Products; • Law No.03/L-004 an amendment and supplementation of Law on Farmers Cooperatives No.2003/9; • Law No.04/L-019 on amending and supplementing the Law No.02/L-8 on Wine; • Law No.04/L-085 on Organic Farming; Veterinary and Food • Law No.2004/21 on Veterinary; • List of Registered Veterinary Medical Products in Kosovo can be downloaded from the AVUK web site https://auvk.rks-gov.net/sq/produktet-medicinale-veterinare; • Law No.04/L-191 on Livestock; • Law No.02/L-10 on Animal Welfare; • Law No.03/L-016 on Food; • AI (MAFRD)-No.09/2014 on Setting up the Supportive Criteria for Organizations and Associations of Producers and Processors of Agriculture and Agro Food Products; • Regulation (GRK) No.18/2016 for Registration and Approval of Food Business Operators; • Regulation (GRK) No.20/2016 on Materials and Articles Intended to come into contact with Food; • Regulation No.10/2011 on Official Controls Performed to Ensure the Verification of Compliance of the Food and Feed Law, Animal Health and Animal Welfare Rules; • Regulation (GRK)-No.12/2014 Laying Down Minimum Standards for the Protection of Calves; • Regulation (GRK)-No.03/2015 Laying Down Minimum Standards for the Protection of Pigs; • Regulation (GRK)-No.17/2014 for the Protection of Animals Kept for Farming Purposes; • Regulation (GRK)-No.43/2013 Laying Down Maximum Levels of Certain Contaminants in Food stuffs and Undesirable Substances in Animal Feeding stuffs; • Regulation No.11/2011 on Hygiene of Food stuffs; • Regulation No.10/2011 on Official Controls Performed to Ensure the Verification of Compliance with Feed and Food Law, Animal Health and Animal Welfare Rules; • AI (MAFRD)-No.12/2012 on Animal Identification and Animal Registration; • Administrative Instruction No.01/2012 on Maintenance Conditions, the Manner of Marking and Evidencing of the Protected Animals in Captivity; Environmental Protection, EIA, SEA, IPPC • Law No.03/L-025 on Environmental Protection; • AI (MESP)-No.07/2017 of Environmental Permit; • AI (MESP)-No.01/2017 for the Release of Municipal Environmental Permit; • AI (MESP)-No.01/2021 on the Environmental Authorization; • Law No. 03/L-214 on Environmental Impact Assessment; • AI (MESP)-No.16/2015 on Information, Public Participation and Interested Parties in the Proceedings of Environmental Impact Assessment; • AI (MESP)-No. 10/2017 on Licensing Compilers of Environmental Impact Assessment Reports; • Law No.03/L-230 on Strategic Environmental Assessment; • Law No.03/L-043 on Integrated Prevention Pollution and Control (IPPC); • Law No.04/L-175 on the Inspectorate of Environment, Waters, Nature, Spatial Planning and Construction; Air quality and Climate Change • Law No.03/L-160 on Air Protection from Pollution; • AI (GRK)-No.16/2013 for Substances that Deplete the Ozone Layer and Fluorinated Greenhouse Gases; • AI (GRK)-No.20/2013 on Implementation of Flexible Mechanisms for Clean Development; • AI (GRK)-No.01/2016 on Mechanism for Monitoring Greenhouse Gas Emissions; • Regulation (EU) No.525/2013 of the European Parliament and of the Council of 21 May 2013 on a Mechanism for Monitoring and Reporting Greenhouse Gas Emissions; • AI (MEE) No.05/2017 Renewable Energy Source Targets; • AI (MEE) No.10/2020 on Common Methods and Principles for Calculating the Impact of Energy Efficiency; • Regulation (GRK) No.08/2020 on Dose Limits and Radiation Protection; Waters • Law No.04/L-147 on Waters of Kosovo; • Law No.03/L-198 on the amending and supplementing of Law No.02/L-9 on Irrigation of Agriculture Lands; • AI (MESP)-No.09/2017 on Instruction for Design, Construction and Use of Dams; • AI (MESP)-No.04/2016 on Criteria and Procedures for the Protection of the Water Flows, Banks and Accumulations; • AI (MESP)-No.19/2015 for Protection from Harmful Water Actions; • AI (MESP)-No.26/2013 on the Determination of the Evidence Manner and the Legitimacy of Water Inspector; Nature protection • Law No.03/L-233 on Nature Protection; • Law No.03/L-039 on Special Protection Zones; • Law No.03/L-153 on amending and supplementing the Law No.2003/3 on Kosovo Forests; • Law No.04/L-012 on Fire Protection; Waste management • Law No.04 /L-060 on Waste – Annex; • AI (MEE)-No.01/2020 on Waste Management Containing Asbestos; • AI (GRK) - No.03/2021 on Administration of Hazardous Wastes; • AI (MESP)-No.02/2017 for a List of Hazardous Waste According to the Origin; • AI (GRK) No.08/2017 Of Waste Storage Management; • AI (MESP)-No. 05/2013 on the Management of Used and Waste Oils; • AI (GRK)-No.08/2017 of Waste Storage Management; • AI (MESP)– No.17 /2017 for the Classification of Ground Water Bodies; • AI (MESP)-No.16 /2017 on Classification of Surface Water Bodies; • AI (MESP)-No.15/2017 on Criteria of Determining the Sanitary Protection Zones for Water Resources; Noise • Law No.02/L-102 on Noise Protection; Chemicals • Law No.04/L-197 on Chemicals; • AI (MESP)-No.17/2014 on Classification, Labeling and Packing of Hazardous Chemicals; • List of Harmonized Classification and Labeling of Hazardous Substances; • Law No. 03/L-119 on Biocide Products; • AI (MESP)-No.09/2015 for Permission of Placing on the Market, Registration and Import Permit of the Biocide Products; • AI (MESP)-No.18/2017 on the Material Safety Data Sheet for Chemicals and its Mandatory Content; • AI (MESP)-No.14/2017 on Wastes Containing Material Persistent Organic Pollutants (POP); Cultural Heritage • Law No.02/L-88 on Cultural Heritage; Construction • Law No.04/L-110 on Construction; • AI (MESP)-No.04/2017 on the Construction Categorization • AI No.08/2013 on Construction Works for which a Construction Permit is not Required; • Law No.04/-L-013 on Cadaster; Social • Law No.04/L-161 on Safety and Health at Work; • Regulation (MLSW)-No.02/2021 on Workplace Risk Assessment; • Regulation (MLSW)-No.07/2017 on the Protection of Employees from Risk Related to Exposure to Asbestos at Work; • Regulation (MLSW)-No.06/2017 on Minimum Safety and Health Requirements at Temporary or Mobile Constructions Sites; • Regulation (MLSW)-No.02/2016 on Minimum Safety and Health Requirements for the Use of Personal Protective Equipment at the Workplace; • Regulation (MLSW)-No.04/2016 on Minimum Requirements for the Provision of Safety and Health Signs at Work; • Regulation (MEETIESI) No.01/2020 on Protective Personal Equipment; • Regulation (MLSW)-No.02/2020 Amendment on Supplement of the Regulation No.05/2014 on Minimum Safety and Health Requirements for the use of Work Equipment by Workers at Workplace; • Regulation (MEETIESI) No.02/2020 on Safety of Machinery; • Regulation (MLSW)-No.01/2021 on Qualification of the Persons Responsible for Occupational, Safety and Health, Licensing of Occupational, Safety and Health Services and Training Companies; • Law No.07/L-006 on Preventing and Fighting the Covid-19 Pandemic in the Territory of Republic of Kosovo; • Law No. 07/L-016 on Economic Recovery - Covid-19; 3. Municipal Environmental Permit Projects and activities that are subject to Municipal Environmental Permits (MEP) are listed in the Annex of the Administrative Instruction No. 01/2017 (see the list below, which is the update of the Annex 7 of ESMF) as well as the projects and activities that have passed the selection phase in MESP and are assessed to be subject to Municipal Environmental Permit and not EIA. To obtain a Municipal Environmental Permit, that is a condition for obtaining construction permit and development of specific activities, the applicant shall submit a request to the Municipality to which is attached the Report on MEP. The MEP will be issued after review and approval of the Report. The Report on MEP contains: - Description of the project; - Description of the technology process, updated equipment; - Identification and description of environmental impacts; - Description of measures to reduce negative impacts on the environment; - Investment values of the project; - Measures for the rehabilitation of the surface after completion of the activity The Report can be drafted by a natural or legal person, which together with the applicant of MEP Report is responsible for the accuracy of data contained in the Report. The Administrative Instruction for the release of MEP is in force since 2017, so the existing subjects, that do not have MEP, are obliged to be equipped with MEP. List of the activities that require a Municipal Environmental Permit according to the ‘Administrative Instruction (MESP)-No.01/2017 for the Release of Municipal Environmental Permit’ 1. Auto-services; 2. Car-washes; 3. Auto services with vehicles out of use up to 20 pieces; 4. Outlets of the gas (LNG) to 5m3; 5. Petrol station with capacity up to 50m3; 6. Saw for wood material; 7. Factory for wood processing, joinery, etc. up to 1000 m³/year; 8. Furnaces for production of bread and other flour products; 9. Sewage wastewater network and their rehabilitation with the length to 5km; 10. Construction and rehabilitation of existing water supplies in length up to 5km; 11. Reconstruction of existing roads and construction of new road axes (length up to 5km); 12. Butcheries; 13. Production of lime: 14. Production of concrete and prefabricated elements, tiles etc. with capacity designed to 2m³ concrete/hour 15. Storage of construction and demolition waste for the Municipalities that have less than 60.000 inhabitants. 16. Growth of fish in artificial ponds, surface to 300m2; 17. Swimming pools, without hotel facilities and auxiliary buildings; 18. Marble processing workshops; 19. Construction of collective housing building and services, (catering, trade, commercial, business, etc.) with the surface based on 450m2 or total area of the building over 1500m². 20. The activity of compost, with total amount up to 100m3 or 40 tons/year; 21. Warehouse for fertilizers and pesticides; 22. Food service facilities (kebab, confectionery, popular kitchen, restaurants, etc.). 23. Places or centers for the collection and accumulation of waste, which is stored solid waste (plastic, paper and glass) in quantities up to 30t; 24. Installations for the intensive rearing of poultry, swine, cattle and large flocks that have less than: 5000 bird or poultry; 250 pigs, 50 cattle, 500 small livestock’s; 25. Installation of wing power for energy production, up to 100kW/h; 26. Solar power system and Photovoltaic systems for energy /steam production, up to 100kW/h; 27. Stations for mobile telephone; 28. Places of the livestock in open and closed places; 29. Storage and trading points of building materials. 30. Craft centers; 31. Services (servicing of technical and electronic equipment); 32. Photographic studios; 33. Manufacture of plastic doors and windows. Environmental Authorization The competent authority for application of procedures for issuing this authorization is MESP. Environmental Authorization is required for: - Temporary proposed activities and projects, which may cause environmental impacts. - Temporary proposed projects that are not subject of Environmental Municipal Permit and Environmental Consent (e.g., transport of hazardous materials). To obtain an Environmental Authorization the applicant must submit an Application to the MESP attaching an Environmental Report. This Report, which shell be drafted by the applicant, contains: - Description of the project or activity, - Description of the equipment and process of project or activities, - Identification and description of environmental impacts.