Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
New legislation to transpose of the amendments introduced by Directive 2014/52/EU and for further alignment with the Strategic Environmental Assessment Directive is in the adoption procedure. Further improvements of the Law on Environmental Protection are necessary in order to fully transpose the amendments to the EIA Directive. Challenges
related to the environmental assessments of planned hydropower projects should be assessed with the support of the Policy Guidelines 02/2020-ECS on the development of small hydropower projects.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
Legislation for transposing the 1,00% threshold for heavy fuel oil as well as the 0,10% threshold for gas oil is still lacking. A governmental working group with the task to prepare a decision on the quality of petroleum liquid fuels was established, without however a specific timeline. The Ministerial Council declared this as a serious and persistent breach (Case ECS-02/13S).
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
New legislation for further alignment with the provisions of the Large Combustion Plants and Industrial Emissions Directives was prepared and is in the adoption procedure. Serious efforts must be made in order to ensure proper implementation of the National Emission Reduction Plan.
The recent Declaration on the Protection of Rivers as well as the conclusions calling for a prohibition of the construction of small hydro power plants on the territory of Federation of Bosnia and Herzegovina is an achievement. The missing secondary legislation for the proper implementation of the Wild Birds Directive must be adopted. The network of protected areas is lacking effective protective measures and administrative capacity that can properly assess the impacts of energy projects on the protected sites.
State of compliance
In Federation of Bosnia and Herzegovina, the new Law on Environmental Protection is in parliamentary adoption procedure. It is foreseen that the relevant by-laws will follow. Amendments to the Law on Environmental Protection were also adopted by the National Assembly of Republika Srpska. In both entities, the new legislation should further align the provisions with the Strategic Environmental Assessment Directive and transpose the amending provisions of Directive 2014/52/EU. However, both laws should be improved in order to ensure that projects likely to have significant effects on the environment are duly assessed before development consent is given. During the reporting
period, a complaint concerning an alleged breach of the EIA Directive related to the hydropower project Gornja Neretva on the Neretva, Igaščica and Grebenac rivers, was submitted to the Secretariat. The competent authorities must secure early and effective opportunities to the public concerned to participate in the assessment procedures and foster stakeholder dialogue.
As regards legislation on the sulphur content of liquid fuels, some steps are implemented at the level of Federation of Bosnia and Herzegovina. A working group was formed with the task to prepare a draft decision on the quality of petroleum liquid fuels at national level in line with the needs of the oil market in Bosnia and Herzegovina and in accordance with its international obligations. Given the fact that the serious and persistent breach remains unaddressed, the Secretariat had to apply for measures to be taken against the country.
Further alignment with Directive 2001/80/EC on Large Combustion Plants and the provisions of the Directive 2010/75/EU on Industrial Emissions is foreseen with the new Laws on Environmental Protection and on Air Protection in the Federation of Bosnia and Herzegovina, which are in parliamentary procedure. Three plants are being opted out, meaning that they can only remain in operation for not more than 20.000 operational hours until December 2023. Based on the current load factor, two plants are expected to reach the limit earlier than the provisioned deadline. The 2019 emissions from large combustion plants under the NERP show compliance with the ceiling for nitrogen oxides, while the ceilings of sulphur dioxide and dust are not complied with. The serious non-compliance with the ceiling on sulphur dioxide elevates the urgent need to secure sufficient financing for proper implementation of the National Emission Reduction Plan.
Legislation that will impose effective measures against the deliberate killing or hunting of wild birds, deliberate destruction or damaging of nests and eggs and/or removal of their nests is still not in place in Federation of Bosnia and Herzegovina. In Republika Srpska, serious efforts must be made for improving the assessment of energy projects that might have significant impacts on protected areas.