Our understanding of EIA process Below chart describes the EIA process based on Kosovo Law and we will follow each procedural step to eliminate cause of complaint. By following exactly these steps, in past three years we have been successful in obtaining more than 70 Environmental Consents for our clients

Check of the application: The MESP shall check the information, documentation and questionnaire included in the application (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 the kind of required environmental consent: the obligations for the MESP authorization (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 location. The 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, 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 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 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 criteria. 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.

Organization 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, organized 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).

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 remarks 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, 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

Information of the public about 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 advice for regular means for appeals of the validity of the decision and the procedures.
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.

Eventual appeal of the applicant against MESP decision. The applicant shall be entitled to file an appeal with the competent Court against the complaint decision, in accordance with the Law, within 30 days of the date of publication of the Decision for Environmental Consent. The MESP is obliged to make available the documentation concerning the EIA procedure to the applicant, if so requested in writing. The information so requested shall be made available within 8 days from the day of receipt of the request.

Eventual access to justice of public against MESP decision. Members of the public concerned who have a sufficient interest shall have access to a review procedure before a competent Court to challenge the substantive or procedural legality of decisions, acts or omission of act subject to the public participation in accordance with provisions of the EIA Law. For this purpose, any non-governmental organisation promoting environmental protection and meeting any legal requirements according to enforced law shall be considered to have a sufficient interest. Applications to challenge any decision, act or omission in the EIA procedure may be made after the Environmental Consent has been granted and within 30 days of the date of that grant. Such complaints shall be made in the MESP and to the Competent Court for challenging administrative decisions. Any such procedure should be equal, fair, in time and not so expensive as to block its exercise.