Functional Review of the Ministry of Environment and Spatial Planning

Functional Review and Institutional Design of Ministries 

Functional Review of the 

Ministry of Environment and Spatial Planning 

FRIDOM – Functional Review and Institutional Design of Ministries is a DFID-funded project, implemented by 

HELM Corporation, Consulting and Public Management Group, Governance institute Slovakia and Altair Asesores.

TABLE OF CONTENTS 

EXECUTIVE SUMMARY ............................................................................................................................... 5 

INTRODUCTION ........................................................................................................................................... 7 

SECTION I: THE MANDATE AND THE STRUCTURE OF THE MINISTRY ............................................... 9 

I.1. THE MANDATE OF THE MINISTRY ............................................................................................................. 9 

I.2. CROSS-COUNTRY COMPARISON OF THE MESP ORGANIZATION .............................................................. 10 

COMPARISON OF STAFF NUMBERS BETWEEN MESP AND MINISTRIES OF 6 EU REFERENCE COUNTRIES IN THE 

TABLE 1 SHOWS HEREINAFTER. .................................................................................................................. 11 

SECTION II: CROSS-CUTTING FINDINGS AND RECOMMENDATIONS ............................................... 12 

II.1 CURRENT ORGANIZATIONAL STRUCTURE OF THE MINISTRY ..................................................................... 12 

II.2 INTEGRATING SMALL UNITS ................................................................................................................... 13 

II.3 POSITION OF THE AGENCIES AND INSTITUTES......................................................................................... 14 

II.4 STRATEGIC AND POLICY PLANNING ........................................................................................................ 15 

II.5 CO-ORDINATION FUNCTION ................................................................................................................... 17 

II.6 INTERNATIONAL COOPERATION FUNCTION ............................................................................................. 17 

II.7 HUMAN RESOURCES ............................................................................................................................ 17 

SECTION III. RECOMMENDATIONS REGARDING SPECIFIC FUNCTIONS .......................................... 20 

III.1 ENVIRONMENTAL PROTECTION DEPARTMENT (DEP) / DEPARTMENT OF WATERS (DOW) ....................... 20 

III.1.1 Legislative function ................................................................................................................... 20 

III.1.2 The environmental permitting/licensing function ...................................................................... 21 

III.1.3 Environmental monitoring ......................................................................................................... 21 

III.1.4 The public utility service delivery function ................................................................................ 21 

III.1.5 The public information function ................................................................................................. 22 

III.2 ENVIRONMENTAL INSPECTION DEPARTMENT .......................................................................... 23 

SECTION IV. SUMMARY AND SEQUENCING OF ORGANIZATIONAL CHANGES .............................. 26 

3

ABBREVIATIONS 

ACDEI - Agency for Coordination, Development and European Integration 

CADSES - Central, Adriatic, Danubian and South-Eastern European Space 

CDL - Computer Driving License. 

CEO - Chief Executive Officer 

EAR - European Agency for Reconstruction 

EEA- European Environment Agency 

EIA - Environment Impact Assessment 

EIS - Environmental Information System 

EIONET - European Environment Information and Observation Network 

EPAP - European Partnership Action Plan 

ESDP - European Spatial Development Perspective 

ESPON - European Spatial Planning Observation Network 

EURICUR - European Institute for Comparative Urban Research 

DFID UK- Department for International Development in UK 

FRIDOM - Functional Review and Institutional Design of Ministries 

GIS - Geographic Information System 

HRM - Human Resource Management 

ISP - Institute for Spatial Planning 

IPPC- Integrated Pollution Prevention Control 

KCA - Kosovo Cadastral Agency 

KDSP - Kosovo Development Strategy and Plan 

KEAP - Kosovo Environmental Action Plan 2006-2010 

KEPA - Kosovo Environment Protection Agency 

KHMI - Kosovo Hydrometeorological Institute 

KCLIS - Kosovo Cadastre and Land Information System 

LEAP - Local Environmental Action Plan 

MAFRD - Ministry of Agriculture, Forestry and Rural Development 

MESP - Ministry of Environment and Spatial Planning 

NSDI - National Spatial Data Infrastructure 

NGO - Non-Governmental Organization 

REC - Regional Environmental Centre for Central and Eastern Europe 

SEA - Strategic Environment Assessment 

SIDA - Swedish International Development Corporation Agency 

TNA - Training Needs Assessment 

UNMIK - United Nations Interim Administration in Kosovo 

WoG - The Whole-of-Government Report 

WWRO- Water and Waste Regulatory Office 

WWTP - Wastewater Treatment Plant 

4

EXECUTIVE SUMMARY 

This vertical review of the Ministry of Environment and Spatial Planning aims to improve the Ministry’s 

performance in the medium-term. To achieve this goal, it sets out a framework of changes that can be 

implemented in the short-term (1-2 years) and in the medium-term (3-5 years) period. The summary of all 

recommendations is provided in Section IV of this report. 

Considerations during the whole project execution are based on the Kosovo Government’s current 

priorities and strategies. Actions are recommended to contribute to the Government’s goals to become a 

member of the European Union and at the same time retain the national socio-economic growth within the 

principles of sustainable development. 

MESP has a formal mandate that defines its respective competencies, portfolio and functions. These are 

established by law and, in general, reasonably reflect the responsibilities expected. Some difficulties 

appear through the gap between the legally defined functions, i.e. administrative work to be executed - 

and the functions actually discharged, e.g.: 

- Cooperation among the line ministries - ministries tackling environmental issues are institutionalized 

through the ad-hoc working groups to solve particular agenda. However the Advisory Board for 

Protection of Environment in Government - an official decision-facilitating inter-ministerial body – is not 

approved yet by the Assembly of Republic of Kosovo (despite the provision of the actual Law on 

Environment Protection). 

- Fund for environmental protection (so called Eko Fund), is mostly financial instrument for improving the 

environmental infrastructure country-wide but is not yet functioning despite it being stated in the Law on 

Environmental Protection. 

Major deficiencies have been identified at the Inspectorate for Environment and Water. There are a very low 

number of genuinely professional environmental inspectors. In addition, there is a lack of respective legislation, 

applicable working methodology, relevant environmental standards and proper coordination of their activities as 

well enforcements processes. Modern enforcement concepts and standards, although envisaged by the 

promulgated primary legislation, are not yet in use. 

Also in Kosovo, there is an increasing need for unified environmental standards, harmonised procedures and 

compatible technical solutions which are also not adopted yet. 

Although all the fundamental institutional elements of a regular environmental and spatial planning 

administration system are present, the environmental administration is still undersized and under-skilled for 

the challenges it will have to face. The existing legal provisions reflect concern for the basic functions identified 

in today’s EU. However, for default-proof, client-friendly and internationally recognised yet cost-efficient 

delivery, the MESP needs to be organised more purposefully, fully covering both the core and supportive 

functions of the central administration. 

It is widely known that a multidisciplinary sector requires an enormous effort of strategic planning and 

coordination. Without due coordinating mechanisms, the administrative system for environment and 

spatial planning cannot function effectively. Unfortunately, the effective horizontal communication and topbottom 

planning approach are still missing. 

Noticeable huge effort was undertaken in the policy area. Several strategy documents have been 

produced (some of them by the foreign experts or under their supervision), e.g. Kosovo Environment 

Action Plan 2006-2010 (KEAP) bringing comprehensive list of priority projects spread over all significant 

areas of environment interest. Then project list within the European Partnership Action Plan (EPAP) is 

derived from the KEAP and can easily choose the proper projects and realize them. Among other 

documents which should be mentioned include: the Environment and Spatial Planning section of the 

Program of the Government of Republic of Kosovo 2008 – 2011; Sectoral Strategy for Spatial Planning 

2007 – 2013 and Business Plan for the Kosovo Cadastral Agency 2009 - 2014 are of high value. However 

other environmental sectors, i.e. Water and Wastewater Management, Solid Waste Management, Air 

Quality, Nature Conservation and Biodiversity Protection etc. are still without definition of clear vision, 

mission and values. 

5

Performance results are less satisfactory in the legislative field. Primary legislation is gradually being 

adopted by amending the former UNMIK regulations using TA from the international donors. Whilst this has 

advanced in the sense that it is progressing towards European harmonisation, the secondary legislation is 

lagging badly behind. This lag blocks implementation of modern administrative tools for environment 

protection country-wide. 

The interdependence in the environment sector is growing fast. In the EU the number of common, 

supranational environmental regulations has grown to a considerable number and the acquis comprises 

145 legislative acts to date. The comparable amount in Kosovo is 15 promulgated environmental laws and 

66 issued by-laws. It does not necessarily mean that Kosovo should approximate all this legislation in 

short term rather the purpose is to demonstrate the volume of work and show where Kosovo is in respect 

to that. 

The gap between duties and actual accomplishment of the administration becomes understandable from 

the analysis of the human resource provisions in the environment and spatial planning sectors. There is a 

significant gap between the number of posts implicitly expected from the provisions of the particular 

legislation and the number of posts actually filled. For example, insufficient professional staff at the 

Department of Environment Protection in waste, especially nature protection sectors, in the Water 

Department and limited staff in both Departments for Spatial Planning as well Housing and Construction. 

The benchmarking analysis has shown that some other European countries have significantly higher 

numbers compared to the corresponding Kosovo administrative levels. 

There appeared a general lack of information on expenditure of the departmental and lower level units of the 

MESP administration. No administrative unit was able to provide either a coherent outline of yearly budget or 

more detailed information to calculate human resources or operative expenses. The reason for this lies, 

probably, in the inadequate budgeting process, but also in the general administrative tradition. Similar could be 

stated regarding human resource management. 

During the implementation of the reviews of ministries in Kosovo arose the request to transfer the Kosovo 

Cadastral Agency (KCA) under the responsibility of the MESP. This recommendation is mainly due the 

close interrelation between spatial / land use planning and land registration. Transfer of the KCA into the 

MESP organizational portfolio will significantly increase the quality of land use planning and enable the 

closer essential cooperation with the sector of agriculture and forestry. 

6

INTRODUCTION 

Kosovo has inherited a large number of environmental problems accumulated over decades of uncontrolled 

use of natural and mineral resources, industrial production coupled with high level of pollution. There is also 

alack of appropriate policies, laws and relevant institutions to actually treat and solve these problems. This 

has resulted in a clearly visible degraded environment, in some cases even un-repairable, which can have a 

direct negative impact in the health of the population. 

Taking these issues into the account, as well matters raised in other reports, places a requirement on the 

MESP to: 

complete the legal infrastructure; 

establish competent authorities on central and regional / local level; 

ensure support of major policy documents; 

establish efficient sectoral policies. 

This present report is the outcome of the activity Vertical Functional Review of the Ministry of Environment 

and Spatial Planning (MESP) carried out under the project Functional Review and Institutional Design of 

Ministries (FRIDOM), implemented in the framework of the public administration reform in Kosovo and 

financed by the UK’s DFID. 

Review activities took place from June - September 2009 with the agreed objectives of: 

analysing the functional capacities of the Ministry of Environment and Spatial Planning; 

preparing an appropriately prioritised set of recommendations regarding rationalisation and 

reorganisation of the functional capacities and resources taking into account prevailing governmental 

expenditure constraints. 

The high level officials at the MESP, all directors of the existing departments, CEOs of the Agencies as well 

directors of the Institutes under the responsibility of the MESP and some heads of influential divisions have 

been surveyed systematically through structured interviews. A comprehensive scrutiny of the existing relevant 

primary and secondary legislation and other official strategic documents has also been reviewed. 

Benchmarking comparisons were made against a number of smaller European countries including Finland, 

Lithuania and Slovenia. The Ministries of Environment and Spatial Planning / Housing function effectively in 

these countries. 

An examination of the overall functional arrangements is more than desirable. This is due to the many 

disturbances in the public administration system in recent years, the relatively recent origins of the entire 

Kosovo legal and administrative framework and the fact that the environmental protection and management 

as an administrative task is in itself relatively new and fast changing. 

The objective of the functional review and institutional audit of the Ministry of Environment and Spatial 

Planning is: 

to evaluate the existing organisation structure based on the functions currently covered (in the case of 

missing functions, that should be covered) and which are peculiar for the MESP; 

analyzing its achievements based on its objectives and its impact on the functioning of MESP and its 

effectiveness of achieving strategic plans, with the view to streamlining the reform process; 

to make concrete recommendations for improving the efficiency of the MESP in implementing its 

action plans and sector strategies; 

to make detailed, appropriately prioritised, recommendations for improvement of institutional 

structures through the addition or elimination of functions specific to individual policy areas, and 

if required, recommend restructuring the way in which the necessary functions are organized. 

Essentially the quantitative data and the qualitative information were collected from structured interviews with 

MESP officials at all levels as well strategy documents and approved budgets. Government documents such 

as legislative acts were downloaded from the Kosovo Assembly official web page. 

7

This survey did not included the environmental infrastructure operating companies such as waste collection 

and waste treatment companies, waste water management companies and companies/ agencies for river 

basin management. Such services are handled by either subordinate specialised institutions or, through 

outsourcing, by private companies. However, their supervision and coordination, and the contracting of 

private services are considered as an important function of the environmental public administration. 

The Vertical Review Report for the MESP is structured into four major parts. Section I looks at the overall 

mandate and mission of the Ministry and its internal structure, seeking to answer to questions of whether 

and how these should be modified. Section II looks at the organization, processes, cross-cutting issues 

and staffing through the lens of the whole institution. Section III presents findings and recommendations 

for specific departments/agencies. Section IV concludes the report with a summary of organizational and 

other changes as well as options for sequencing implementation of the recommendations. 

The recommendations provided represent an independent view of the authors, and do not necessarily 

match the view of the donor. The review was prepared by Roman Krajčovič (independent foreign 

environmental management expert) and Shkipe Deda (independent local environmental management 

expert). 

8

SECTION I: THE MANDATE AND THE STRUCTURE OF THE MINISTRY 

This part provides a brief overview of MESP functions and capacities, and compares them with the 

reference EU countries. It also presents an assessment of the main weaknesses, challenges and risks, 

and provides general recommendations to address them. 

I.1. The mandate of the ministry 

The mandate of the Ministry of Environment and Spatial Planning was set by UNMIK Regulations 2002/5 

and 2005/15. Under these regulations, the responsibilities of the Ministry are to manage the overall areas 

of Environment and Spatial Planning. In order to do this, the Ministry has the power to develop, 

recommend and implement policies in its respective sectors. More specifically, the Ministry is responsible 

for the development of policies, norms and standards and the coordination of activities for environmental 

protection, water management, environmental inspection and spatial planning. It is also responsible for the 

implementation of the policies and legislation with respect to environmental protection and spatial 

planning. 

The scope of responsibilities is covered by a number of laws, regulations and administrative instructions, 

the most important being the: 

Law on Environment Protection (2009/03-L-025), 

Law on Waste (2005/02-L30), 

Law on Waters of Kosovo (2004/24) and 

Law on Spatial Planning (03/L-106). 

The recently promulgated Laws on Strategic Environmental Assessment [SEA] (2009/03 L-015), Law on 

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

Control [IPPC] (No. 2009/03-L-043) offer the modern and effective tools for environmental administration. 

List of Competencies and Functions 

According to Regulations 2002/5 and 2005/15 the Ministry of Environment and Spatial Planning 

shall: 

Coordinate activities in the field of environmental protection in order to promote the coherent 

development of environmental protection policies; 

Develop norms and standards and issue guidelines in the field of environmental protection with due 

regard to relevant international standards; 

Oversee adherence to such standards, including, where appropriate, conducting inspections and other 

services; 

Manage the use and development of the infrastructure relating to environmental protection which falls 

under the responsibility of the Ministry; 

Promote community participation and the development of community initiatives and activities relating 

to environmental protection; 

Develop policies, implement legislation and oversee activities for the protection of the environment 

including water resources, air, soil and biodiversity; 

Participate in the development and implementation of public information campaigns and other 

promotional schemes to increase public awareness and compliance with environmental protection 

standards; 

Monitor and assess the state of the environment, particularly the impact of the activities of industry, 

public utilities and economic activity as they relate to environmental protection; 

Encourage the development of environmental education to foster knowledge and competence in the 

field of environmental protection; 

Develop policies for the management of water resources and oversee their implementation; 

Promote the development, implementation and transfer of clean technologies; 

Identify, in coordination with other relevant Ministries, areas to be protected for the benefit of the 

public, and develop policies and implement measures for their conservation and administration; and 

Ensure the incorporation of Kosovo-wide spatial planning in the policies and programs of the 

Government and oversee their implementation by relevant authorities. 

9

The above-mentioned mandate requires revising since in 2009, following a government decision, No. 

04/63 the Kosovo Cadastral Agency (KCA) was removed from the newly transformed Ministry of Public 

Administration (MPA) and transferred under the responsibility of MESP. 

A more detailed description of the functions stemming from the MESP mandate is provided in Section III 

where the MESP policy areas (environment, spatial planning and construction) are reviewed in greater 

detail. 

The FRIDOM team’s conclusion is the MESP has a proper mandate that defines its respective 

competencies, portfolio and functions. These are established by law and reflect in general fairly 

reasonably the responsibilities expected. Some difficulties appear through an identified gap between the 

legally defined functions, i.e. administrative work to be executed - and the functions actually discharged, 

e.g.: 

Cooperation among the line ministries, especially ministries tackling environmental issues 

institutionalized through the ad-hoc working groups to solve particular agenda. However the Advisory 

Board for Protection of Environment in Government - an official decision-facilitating inter-ministerial body 

– is not approved yet by the Assembly of Republic of Kosovo (despite the provision of the actual Law on 

Environment Protection). 

Fund for environmental protection (so called Eko Fund), mostly a financial instrument for improving the 

environmental infrastructure country-wide, is not yet operational despite it is stated in the Law on 

Environmental Protection. 

Inspectorate for Environment and Water where is a very low number of genuinely professional 

environmental inspectors. 

An absence of respective legislation, applicable working methodology, relevant environmental standards 

and no proper co-ordination of activities including enforcement processes. 

Modern enforcement concepts and standards, although envisaged by the promulgated primary 

legislation, are not yet in use. 

I.2. Cross-country comparison of the MESP organization 

An overview of MoEnv/MESP administrative structure in selected EU reference countries is provided in 

Annex 2. The main conclusions from analysis of the various organigrams are the following: 

a combination of environment and spatial planning is usual in European practice as the similar 

portfolios exist in some of the reference countries such as the Ministry of Environment and Spatial 

Planning in Slovenia and Lithuania; 

in Finland the environment portfolio is combined with the portfolio of housing; 

it is also quite common to establish standalone environment portfolios as in the case of Latvia and 

Slovakia; 

the portfolio of environment ministry in Estonia and Lithuania also includes forestry. 

The size of MESP in Kosovo is relatively small in comparison to the reference EU countries. Slovenia has 

5.2 times, Lithuania 3.6 times and Finland even 8.7 times more professional staff at the MESP and regulated 

institutions than Kosovo. Part of this difference in size might be explained through variance of ministries of 

environment portfolios, a big portion of the difference though points out that some of the mandates of MESP 

are still underdeveloped. A good example of such mandates might be the waste water management, transfer 

of clean technologies and environmental inspection. 

Weak distinction is made between core (policy, regulatory, executive and service delivery to clients) and 

supportive functions of MESP when it comes to staffing. The number of employees performing the core 

functions of the Ministry (218) seems to be small in comparison to those providing support for them (63). 

Also the salary grades do not sufficiently take into account the staff qualification requirements. 

10

Comparison of staff numbers between MESP and ministries of 6 EU reference countries in the 

Table 1 shows hereinafter. 

Table1: Size of MoEnv, resp. MESP in selected EU countries and Kosovo 

Estonia 

Ministry of the Environment (MoEnv), 

Ministry of the Environment and 

Spatial Planning (MESP) 

11 

Finland 

Latvia 

Lithuani 

a 

No. of employees 229 301 210 253 764 292 178 

No. of Agencies under the MoEnv 14 4 13 17 9 4 4 

No. of employees in the Agencies 123 

5 

213 

3 

150 

8 

759 

130 

5 

118 

0 

103 

Total No. of employees 146 

4 

243 

4 

171 

8 

101 

2 

206 

9 

147 

2 

281 

Population (million inhabitants) 1.3 5.3 2.3 3.4 5.4 2 2 

It seems necessary to hire more staff in the short term (1 – 2 years). The hiring of new employees should 

be linked with the promulgation of new environmental legal acts, giving more responsibilities to the MESP. 

Slovakia 

Slovenia 

Kosovo

SECTION II: CROSS-CUTTING FINDINGS AND RECOMMENDATIONS 

In this section, we present a set of findings and resulting recommendations that concern the functioning of 

the Ministry as a whole. Their purpose is to improve the performance of the MESP as an institution largely 

through changes in organization as well as processes and HR management. The text does not provide a 

comprehensive analysis of each country’s ministry of environment, but rather focuses on topics important 

for Kosovo’s MESP. It illustrates how things are organized elsewhere, and through these examples draws 

recommendations for actions in the context of Kosovo. All of these recommendations have a general 

character - department specific recommendations can be found in Section III of this report. 

The fundamental functions of the MESP as a representative of public administration are the following key 

groups: i) policy function; ii) regulatory function; iii) executive (implementation, management) function and 

iv) service delivery to clients function. 

An examination of the environmental functions derived from the EU acquis, i.e. policy – law – permitting – 

monitoring – inspection – enforcement – information – research – international co-operation shows that they 

are compatible and consistent with the key functions mentioned above. 

II. 1 Current organizational structure of the ministry 

MESP consists of six major departments, each dealing with one, department of housing and construction 

with two and department of environment protection with six of the major areas, with additional units for 

support and cross-cutting as well as management of the Ministry. Corporate, executive and supportive 

hierarchy is clearly defined. The Ministry is also responsible for four institutions in these areas – Kosovo 

Environment Protection Agency (KEPA) including Institute for Nature Conservation and Kosovo 

Hydrometeorological Institute (KHMI), Kosovo Cadastral Agency (KCA) and Institute for Spatial Planning 

(ISP). 

Scheme 1. Unveiled functional shortcomings at MESP 

Political cabinet 

Uncertain function - tasks, 

responsibilities 

Mixing of inspection and 

decision making 

Department for 

Environment Protection 

Department for Spatial 

Planning 

Institute for spatial 

planning 

Deputy Minister 

Minister 

Inspectorate for 

environment and water 

Permanent 

Secretary 

First of all, based on the analysis of the existing organization structure, consultants found a strong 

fragmentation within the MESP – what is generally called a silo mentality, where departments dealing with 

each policy field have little contact and coordination with the rest of the ministry. This creates a lack of 

12 

Office for international 

cooperation and EU 

integration 

PR and Information Office Internal Audit Office 

Department for housing 

and construction 

Eko Fund 

Department for Water 

Not adopted yet 

Office for gender and 

ethnic equality 

and human rights 

Department of central 

administration 

Too large span of control problem 

& decisions to handle 

Institute for hydro 

meteorology 

Kosovo Agency for 

Environment Protection 

Management of National 

Parks 

Institute for nature 

conservation 

Uncertain function - tasks, 

responsibilities 

Mixing of decision making 

and operation 

Procurement

horizontal communication and brings the immense problem in the strategic planning and coordination but 

also leads to separate capacities for each department that include such horizontal functions as policy and 

law drafting, resp. monitoring of environmental media. 

It is widely known that a multidisciplinary sector requires an enormous effort of strategic planning and 

coordination. Without due coordinating mechanisms, the administrative system for environment and 

spatial planning cannot function effectively. Unfortunately, the effective horizontal communication and topbottom 

planning approach are still missing. 

The cost of these unnecessary units is in the management cost of coordinating the very high number of 

units, in limiting flexibility in the use of human resources and in reinforcing the “silo” mentality of civil 

servants where they see only narrow horizons of their very small units. 

Recommendation II.1: decrease the number of units at all levels and remove incentives to create 

superfluous units by: i) explicitly stating that departments do not need to have divisions to exist as 

departments; ii) abolishing sectors except for divisions larger than a certain number (10 is recommended). 

II. 2 Integrating small units 

Some of the support functions are fractured across MESP. Primary candidates for a merger are some of 

the administrative tasks of the central MESP. Functions like HR management, procurement, internal audit, 

etc. have a relatively small number of employees and administrative transactions (e.g. procurement). With 

merging these non-core functions of central MESP into the Central Administration Department (CAD), one 

can expect savings through improved economies of scale. 

An integration of the Office for gender equality, human and minority rights into the Central Administration 

Department should be considered. There might be a dispute about its independence; however, 

independence can be achieved through managerial subordination. This can be achieved by limiting 

personal and financial decision making freedom of the director of CAD toward this office. 

A general consensus has been reached in the FRIDOM Project team that the EU Integration Office and 

the Information and Public Relation Office should keep their independence, despite their limited number of 

staff. This decision can be supported by the ever increasing importance of the EU Integration Office which, 

probably, in the short-term period will face an enormous challenge of EU accession process, as well as 

the need for coordination of the EU related activities across the whole government. 

Overall policy coordination is an important task that has not been addressed properly in MESP. Technical 

departments develop their intrinsic policies but there is limited capacity to analyze them with an 

environmental multi-disciplinary approach, transfer these policies into work plans and monitor on a regular 

basis the implementation process. Furthermore, there is little or no capacity to co-ordinate among different 

government planning documents (MTEF, EPAP, KEAP etc.) and Ministry yearly work plans. 

The sEU Integration Office is in charge of coordinating the European integration issues as they relate to 

the MESP. This job mainly consists of working with the Agency for Coordination, Development and 

European Integration (ACDEI) providing input and following the implementation of the European 

Partnership Action Plan (EPAP). Considering that the EPAP and the whole European agenda will continue 

to dominate the policy discourse in the near future, the EU Integration Office scope could be broadened to 

include general policy coordination issues as well. It should be noted that this would not include technical 

level details of the policy initiatives which would remain under coordination by particular technical 

departments. 

The EU Integration and Policy Coordination Office would be responsible for the following main functions: 

Leading development and holding responsibility for coordination of implementation of the ministry’s 

main strategic and business planning documents such as MTEF (priority and policy part), EPAP, 

KEAP and annual work plan; 

Being the focal point for the centre of government and other horizontal ministries, namely, the Office of 

Prime Minister, the Ministry of Finance and Economy, and the Ministry of Agriculture, Forestry and 

Rural Development; 

13

Coordinating internal policies prepared by the Ministry and ensuring that they meet all quality 

standards as defined by the Office of Prime Minister and normative acts; 

Coordinate external assistance to the sector; and 

Advising the Minister and Ministry’s management team on priorities including budget priorities. 

Recommendation II.2: Transform the EU Integration Office to include Policy Coordination thus creating 

the Office for EU Integration and Policy Coordination. 

In the case of Information Office, the need for an independent position can be explained through specific 

tasks performed by the office and its need to be close to the decision makers on the Ministry. 

The Legal Office is a separate category among the small offices and units. There is no need for personal 

and financial independence and its role and responsibility are defined internally within MESP competence. 

Despite these facts, it is a common function performed by each Ministry and thus its affiliation should be 

regarded as standard for all of them. 

In the case of MESP adoption of primary, but mostly secondary legislation, is in significant delay. 

Therefore there is a crucial need for a separate and strong Legal Office. Thus the Legal Office will 

concentrate legislative experts in all fields of expertise covered by MESP (environmental protection, 

nature and biodiversity protection, waste management, licensing/permitting, inspection, etc.) and will 

actually coordinate and collaborate on all initiatives proposed by various policy departments. 

Recommendation II.3: Make the MESP organizational structure more vertical. Integrate some of the 

small offices / units into larger departments especially merging some departments to strengthen the 

capacity and to achieve economies of scale. 

The Department of Spatial Planning (DSP) and Department of Housing and Construction (DHC) are both 

subdivided in three divisions while DSP has 15 and DHC 12 employees. To follow the principle of making 

the MESP more vertical, merging seems unnecessarily. The benefit will also be the streamlined 

coordination of their daily activities. The current highest priority in Kosovo is to co-ordinate the planning 

process between the central and local levels by effective communication, assistance, consultations and 

decision-making processes and fighting against illegal construction and housing. 

The more detailed description of the mandate and task of the spatial planning and housing / construction is 

provided in the Section III. of this report. 

Recommendation II.4: Consolidate Spatial Planning Department and Department of Housing & 

Construction by merging them into one department. 

II.3 Position of the agencies and institutes 

The FRIDOM Whole-of-Government Review advises ministries to develop their internal capacity to oversee 

executive agencies and formulating policy in their areas of work. Agencies should have implementing 

functions only retaining policy departments within each respective ministry. Each agency should have a 

steering department/unit in the responsible ministry, and agency directors should report to the PS rather 

then directly to the minister. After the review of the MESP we have partially modified the original 

recommendation. 

The common practice in the environmental sector across comparison EU countries is that agencies 

formally report directly to the minister and the ministry departments to the deputy minister or the state / 

permanent secretary. However, all agencies also have their respective policy department at the central 

ministry which sets the policy and monitors execution and performance. 

MESP is responsible for 2 executive agencies in its portfolio. The Kosovo Environmental Agency (KEPA) 

consists of 3 internal directorates and also manages the activities of the Institute for Nature Protection and 

of the Kosovo Hydrometeorological Institute. Recently transferred, the Kosovo Cadastral Agency (KCA) is 

responsible for a well functioning, transparent and accessible land and property register. The specifics in 

14

their tasks and the importance of the activities performed predetermine that both CEOs report directly to the 

Minister rather then to the PS. 

Despite the absence of a unified approach elsewhere, we recommend that a common management / 

reporting line is defined for all MESP units. That means that the PS would have managerial responsibility 

for what we define as the central MESP. This would then apply to all policy (formulation and monitoring) 

departments within the MESP portfolio. 

The policy implementation units (MESP agencies) can stay under direct control of the Minister with some 

sort of central MESP supervision of their performance necessary to allow policy feedback. We recommend 

that the supervision function of central MESP towards its agencies is strengthened significantly. The 

agencies should remain independent in their operation; however the efficiency of policy execution should 

be monitored and evaluated closely by the central MESP. 

This is good for both the policy formulation feedback and managerial accountability of agency executive 

officers. This recommendation is in line with the Whole of Government Review and also applies to all other 

ministries. Implementation of this step helps to distinguish policy and legislation function undertaken by 

the departments and implementation and environmental monitoring activities what are in most cases 

realized by agencies and institutes under the MESP. 

Recommendation II.5: Adjust and unify the management / reporting lines. Define the subordination of 

agencies and departments clearly and consistently. 

Substantially different is the position of the Institute for Spatial Planning (ISP) which we recommend 

remains under the direct supervision of the Department of Spatial Planning mostly because of its 

supportive function in the urban/spatial planning processes and its irredeemable position in the reviewing 

and monitoring of the documents of the spatial planning in the whole territory of Kosovo. 

It is worth noting that KEPA, KCA and ISP use fully compatible Geographic Information System (GIS) 

technology which allows the centralizing of all environmental and spatial data into one data warehouse. 

This centralization does not mean the automatic creation of a new unit or increasing the expenditure in 

hardware or software - it simply gives an emphasis on the human capacity inside the KEPA. In the 

medium-term it is possible to think about the creation of a fair base for the development of Environmental 

Monitoring System in whole Kosovo. 

Recommendation II.6: Create a central GIS coordination unit with the aim to develop the environmental 

monitoring system in whole Kosovo. 

A similar principle as for the agencies could be applied also for the Management of National Parks (NP) 

where the consultants’ proposal is to integrate it within the KEPA portfolio. At the time of the report writing 

there was established in Kosovo only NP Mali Sharr and in the short term is envisaged to constitute the 

NP Bjeshkët e Nemuna. This seems to be sufficient for the long term. Merging could bring a mutual 

benefit for the both - The Institute for Nature Protection, which creates an integral part of KEPA and the 

Management of National Parks. Certain independence for the director of the NP can be ensured in the 

case of managerial subordination and also with the distance of the NP headquarters location. 

It is necessary to mention that this entire merger should not be accompanied by a decrease in remuneration or 

the relative importance of managers and employees of the affected units. 

II.4 Strategic and policy planning 

It is repeatedly noted throughout the report that strategic and policy planning capacity in the Ministry is 

among the weakest although they represent the most important core competencies of a government 

institution. 

Strategic planning at MESP (with some exceptions) is driven bottom-up, fragmented, and often formulated 

by foreign advisors instead of MESP managers. There is a procedure in place that governs the creation of 

an annual activity plan for the MESP, and that is part of a government-wide effort to establish some sort of 

strategic planning. Having a one-year focus, this plan cannot serve as a base for strategic decision 

making within the organization. Furthermore, plans are prepared at department level and then compiled 

15

and summed up for the whole ministry. We recommend to complete the planning activities with a mediumterm 

focus, and to add a top-down kick-out phase to the process that would clearly set up ministry wide 

priorities right at the beginning. A monitoring procedure that would report the achievements and/or failures 

to MESP top-management should be established as well. 

We also recommend establishing a steering group for strategy formulation, covering department and 

agency heads. The department and agency heads already meet on a regular (weekly) basis with the 

Minister and/or Permanent Secretary and could adopt this role. A clear strategy formulation procedure, 

written instructions with responsibility and timelines, and reservation of sufficient time span to discuss the 

strategy is required. . We suggest appointing for special occasions a working group or ad hoc committee 

to solve particular problem. This practice is common in the environmental administration throughout EU. 

The Permanent Secretary bears managerial responsibility for development within the Ministry. With 

several units and all agencies out of his direct reach, this responsibility can only be enforced to a limited 

extent. The PS is carrying a significant administrative load with a total of 13 structural MESP units reporting 

directly to him along with numerous other responsibilities and functions. The number of units reporting 

directly to the PS is probably too high and certainly too fragmented. As can be seen from the organigram 

and the staff list the PS does not have any deputies. 

The ability of a public administration to formulate and implement coherent policies and strategies is a key 

indicator of administrative capacity. This chapter addresses the decisive issue whether and how the current 

environmental administration satisfies the requirements in domestic and in the international contexts. Its 

performance in this regard can be best assessed by reviewing the administrative results achieved to date 

in Kosovo as they relate to the key environmental administration functions as defined elsewhere in this 

report. 

The MESP has developed several short and medium-term sectoral strategies and planning documents 

(some of them by the foreign experts or under their supervision) which contain clear strategic objectives 

and performance indicators. The overall policy planning, evaluation and monitoring capacity in the MESP 

is very limited which is also reflected in absence of up-to-date policy planning documents in policy sectors 

except for spatial planning. However other environmental sectors, i.e. water and wastewater management, 

solid waste management, air quality, inspection and enforcement, nature conservation and biodiversity 

protection are still without definition of clear vision, mission and values and valid medium term policy 

documents. The policy planning process in the Ministry is operational in nature, predominantly for oneyear 

periods at a time and typically takes the shape of annual programming policy documents – compact 

1-2 page long documents defining objectives, describing choice of measures and justifying budget 

expenditure for the specific policy programme / activity. 

The Kosovo Environment Action Plan 2006-2010 (KEAP) brings a comprehensive list of priority projects 

spread over all significant areas of environmental interest. The law on Environmental protection [No. 

2009/03 L-025 (Art. 24)] requires preparation of Local Environmental Action Plans (LEAPs). The actual 

situation is that only few municipalities have prepared a LEAP in Kosovo. 

More impact and priority is attributed to European Partnership Action Plan (EPAP) adopted in 2008 and 

updated in 2009. It is a general document addressing most economic and social issues, which covers also 

environment, spatial planning and housing. Although, it follows the priorities listed by KEAP 2006-2010, it 

is more concrete in designating the necessary follow-up. 

Other important documents covering a narrower focus possess a high value. –These include the 

Environment and Spatial Planning section of the Program of the Government of Republic of Kosovo 2008 

– 2011,the Sectoral Strategy for Spatial Planning 2007 – 2013 and Business Plan for the Kosovo 

Cadastral Agency 2009 – 2014.. 

The preparation of these strategies and plans is required by law and visibly affects the administration 

involved. However their actual realization is far behind expectations. 

Recommendation II.7: Place and define strategic and policy planning process within the MESP and 

create efficient steering mechanisms to implement policy strategies top-down. Elaborate medium term 

strategy documents for each sector. 

16

II.5 Co-ordination function 

Inter-administrative coordination and interaction is essential for an effective, efficient and smooth 

functioning of the public administration. It critically depends on the readiness to communicate in a proactive 

way. For the environmental sector administration both horizontal and vertical coordination are of 

vital importance. 

Examples of particular areas to improve coordination include transport (management of air quality in 

relation to transport); agriculture (obligation under the new Common Agricultural Policy in the EU to take in 

consideration of environmental sustainability in farming); and energy (introduction of renewable energy 

sources that contribute significantly to environmental qualityand has a high priority in the EU). Apart from 

ad hoc consultations, such a mechanism does not exist yet in Kosovo. 

Recommendation II.8: Designate and fully operate the Advisory Board for Protection of Environment in 

Government as an official decision-facilitating inter-ministerial body. The goal of inter-ministerial 

coordination is to integrate the environmental considerations into the agriculture, industry, transport and 

energy sectors to achieve environmental sustainability. 

II.6 International cooperation function 

Good management requires a national strategy for international environmental cooperation, setting of 

priorities in view of the obligations, the estimation of the expected costs of implementation through the years, 

a cost-benefit analysis prior to entering the international obligation, clarification of internal institutional 

responsibilities, and due reporting to the decision-making and supervisory state and entity bodies. 

Kosovo is neither a direct signatory of any environmental Conventions or Protocols nor up to date ratified 

any of them. 

Recommendation II.9: Develop Kosovo’s national strategy for international co-operation; commencing the 

active co-operation with the European Environment Agency (EEA) through regular transmission of 

environmental data to EIONET (European Environment Information and Observation Network). Similar 

activities should be undertaken in spatial planning through active participation in ESPON (European Spatial 

Planning Observation Network) and taking the advantage to develop the international project from EURICUR 

(European Institute for Comparative Urban Research). KEPA and Institute for Spatial Planning should be 

appointed as the focal points in Kosovo. 

II.7 Human Resources 

The Personnel Office seems to have sufficient capacity including a special coordinator for HR development and 

an annual HR development plan, but line managers indicate that responsiveness to their needs or a strategic 

approach are both very limited. The expectations of the senior ministry management towards the Personnel 

Office would need to change as well, moving towards a more strategic approach in assessing the Ministry HR 

needs and filling the gaps through a combination of recruitment and existing staff development. 

The current set of skills appears broadly adequate for the current set of functions but is weak on the 

policy-making side. If the Ministry’s policy side is strengthened then a real skills gap will emerge. 

Looking at human resources two elements become apparent: 

the relatively high number of directors and heads of sectors compared to more junior staff – resulting 

in an inverted pyramid effect; 

the significant gap between the number of posts established (297) and the number of posts actually 

filled (281). For the time being it is understandable that there is a vacant position in nuclear radiation 

and noise but other vacant positions at the environmental departments significantly reduce the 

performance capacity of the whole ministry. 

The first element is typical for underdeveloped administrations who are also understaffed (an important 

factor in this is the current rigid salary system). The second phenomenon is simply a lack of finances. 

17

The common duration of an employment contract at MESP is one year. Despite conventional practice of 

employment contract prolongation, there is no explicit job guarantee for public employees, which results in 

fluctuation. In some professions this does not present a major problem, in the case of MESP however, the 

demand on the labor market for educated environmental officers with professional experience (and 

preferably also with language skills) is relatively high. 

We suggest the introduction of a compulsory state exam on professional knowledge competence. Passing 

this exam should ensure the lifelong / open ended employment relationship in the central administration. If 

agreed, this would need a change in the current legislation. 

Recommendation II.10: Introduce into the civil service an obligatory state exam on professional 

knowledge competence. 

Among other actions that can be achieved relatively soon and with little effort or costs are i) strategic HR 

documents and decisions and ii) better targeted and more demand driven training. Both measures can be 

easily implemented by MESP, they don’t require specific permission from other ministries or the Cabinet of 

Ministers, and do not need to be embedded in legislation. 

Throughout the report the issue of staff capacity particularly on core competencies has been evident. In 

light of this the lack of capacity development and co-ordinated training programmes within the MESP is 

critical – currently no adequate plans and / or resources are available to identify and address training and 

capacity building needs of the MESP staff. 

Based on the experience from other countries the highest demand is expected in the field of: Managerial skills 

(administrative organization, delegation & supervision, leadership, time management); Training on 

environmental standards; Environmental monitoring; Training on EIA and IPPC; Solid waste management 

training; Industrial waste management training; Hazardous waste management training; Specialized GIS 

training; Technical English and Computer Driving License (CDL). 

There is also an absence of strategic human resource management in terms of clear definition of HR 

priorities and then planning and executing definite steps to achieve them. The HR Division devotes nearly 

all of its capacity to meeting formal requirements of the law in terms of recruitment and there is very little 

focus on strategic human resource management. The ability of line managers to define competence 

profiles and requisite training needs is also relatively weak. On the positive side, the Ministry (together 

with other Kosovo institutions) seems to benefit from the great effort made by Kosovars to build up the 

national economy. 

Recommendation II.11: A systematic approach to staff capacity building is urgently required. Develop 

Human Resource Management (HRM) strategy and design capacity building programme as a part of 

overall institutional development framework. The first practical step towards capacity building would be 

staff Training Needs Assessment (TNA). 

Rigid and ineffective salary system 

The salary system is one of the most critical management instruments at the MESP. The current salary 

and staff motivation system at the MESP is rigid, does not sufficiently reflect the content of work of 

individual employees but rather is focused on formal categories and does not sufficiently include the 

element of performance evaluation and substantiated performance bonuses. In fact the salary system 

creates adverse motivations whereby the only conceivable way of increasing an official’s salary is by 

creating a higher level position. As a result the structural formations of the MESP are driven to create ever 

more complicated and fragmented internal structures – new divisions, sectors etc. The use of the salary 

system for staff motivation and performance management is very limited. Therefore we recommend 

decompressing the wage scale, so that the difference between a low grade and a high grade position 

becomes more evident in terms of individual income. 

18

Gender balance at the MESP 

The overall gender balance of the MESP central apparatus staff (281 persons) represents 61 % men and 39 % 

women. In the top management (Minister and Permanent Secretary) and middle management (all department 

directors) there is only one woman (Director of Department). At the lower level management (division, sector 

and office heads) 3 positions are occupied by women and one political adviser is also a woman. Higher 

proportions of women are present in expert, officer and technical staff positions. 

There is no need for specific action in the gender balance promotion area, as this step might – despite its 

good intentions – cause more harm then good to the organization. It is hard to find and retain qualified 

personnel with experience in any of environmental management and even harder in spatial planning field, 

so MESP should rather focus on enhancing staff capacity than on improving the gender balance. 

Consultants’ conclusion: Generally it can be stated, that Kosovo’s case is well within the European 

parameters. In principle all administrative units and all institutions in the environmental field do have their 

mandates based on legal provisions. Competencies and functions are also detailed in secondary documents 

such as the Administrative Instructions which corresponds to EU practice. There is an urgent need to 

implement missing pieces of legislation as described in Recommendation 6 of this report. 

19

SECTION III. RECOMMENDATIONS REGARDING SPECIFIC FUNCTIONS 

This section summarizes the main recommendations regarding specific business functions of the MESP. 

The functions covered include policy analysis and coordination, legislative coordination, implementation, 

the inspection function and supervision. The aim of these recommendations is to increase the overall 

performing capacity of the departments described. 

III.1 Environmental Protection Department (DEP) / Department of Waters (DoW) 

The following four recommendations relate to both “environmental” departments. Even understaffed, they 

have mandate to deal with their particular functions. 

III.1.1 Legislative function 

Kosovo adopted a set of environmental laws comprising i) environmental protection; ii) air protection; iii) 

water protection; and iv) waste management. Some other environmental laws are presently under 

discussion. This specifically environmental legislation is to a considerable extent harmonised with the EU 

acquis (it should be mentioned that it is not needed at this stage in terms of full implementation). It 

introduces environmental impact assessment (EIA) and strategic environmental assessment (SEA) as new 

elements of environmental management. 

The above mentioned laws prescribed adoption of sub-laws and defines the responsibilities of different 

bodies in this respect. The necessary secondary legislation is in some cases lagging behind, so that 

currently part of the legislation is still blocked for use in practice. 

For implementation of this legislative framework, which regulates the field of environment and the spatial 

planning, the MESP has issued sub-laws so called Administrative Instructions (AI). The entire list of 

subsidiary legislation adopted to date in Kosovo is in Annex 4 of this report. 

In the medium-term period, it is foreseeable that the Kosovo administration will be confronted with even 

larger challenges when the envisaged approximation to EU membership will require the transposition and 

implementation of the whole environmental acquis without exception. Table 2. presents a summary of the 

EC legislation by environmental sub-sector and shows the task represented by this challenge. 

The comparable amount in Kosovo is 15 promulgated environmental laws and 66 issued by-laws. It does 

not necessarily mean that Kosovo should approximate all this legislation in short-term. The purpose is to 

demonstrate the volume of work and show where Kosovo is in respect to that. 

Table 2. Summary of the EC legislation by environmental sub-sectors 

Sector Directives Regulations Decisions Total 

Horizontal 5 2 0 7 

Air Quality 18 1 10 29 

Waste Management 17 3 8 28 

Water Protection 11 0 1 12 

Nature Protection 4 6 1 11 

Industrial Pollution Control and Risk 

Management 

6 2 7 15 

Chemicals and Genetically Modified 

Organisms 

8 5 4 17 

Noise 10 0 0 10 

Nuclear Safety and Radiation Protection 5 3 0 8 

Civil Protection 0 1 7 8 

TOTAL 84 23 38 145 

The respective departments do not have appropriate capacity in legislation. This workload can be solved 

only with closed and well coordinated collaboration with the Legal Department. 

20

Recommendation III.1: Undertake a legal gap analysis with a dual purpose – to identify missing legislative 

acts and to prioritize the implementing process and set up an appropriate time schedule for adoption. 

Considerable amount of environmental laws and by-laws are still not adopted or are not fully compatible with 

particular EU directives (some aspects of Waste management, Water Framework Directive, Urban wastewater 

treatment, NATURA 2000 etc.) 

III.1.2 The environmental permitting/licensing function 

Some sort of permit for the use of environmental resources is a requirement everywhere in Kosovo. The 

new Law on Environment Protection (Art. 29-33) contains principle obligations on integrating permitting. 

Department of Environmental Protection issues environmental permits on the basis of project 

documentation. Requirements are however not uniform and the procedural steps for obtaining them also 

differ. There appears to be confusion about the competencies between department and central level of the 

MESP especially in cases of larger, more complex establishments. Clients complain of long waiting 

periods and complicated procedures. One reason for the delays is certainly understaffing. 

Recommendation III.2: The standardization of rules, simplification of procedures and setting up the 

threshold values could contribute to improvement of the situation. 

III.1.3 Environmental monitoring 

The monitoring of the condition of the environment in Kosovo does not provide regular, comprehensive and 

reliable information on the condition of water, waste-water, air, solid waste, soil and nature protection, 

radiation and noise/vibration at the national and municipal level. A comprehensive network does not exist 

yet. Monitoring activities are fragmented and in the complex structure environmental information does not 

flow satisfactorily. Information is usually stored within each institution that collects it but is not shared with 

others. The only exception in this field is the first, and highly successful, attempt to publish a Report on the 

Environment Situation 2006-2007 by KEPA in 2008. On the other hand there is still not established the 

regular transmission of priority data to EIONET. 

The above mentioned deficiencies are certainly caused partly by the incompleteness of infrastructure (lack 

of modern equipment) and partly by the shortage of personnel. From the other perspective, an unclear 

division of competencies in data collection seems to occur. Three bodies under MESP responsibility are 

involved in the environmental monitoring – KEPA, KHMI and DEP / DoW. This again points the lack of a 

strategic approach and to the inefficiency in the organisation of the environmental monitoring. 

Recommendation III.3: It is necessary to develop a country-wide and prioritised comprehensive data 

collection, analysis and dissemination system, the implementation of which would be organised from the 

Environmental Protection Department to ensure uniformity and fast transmission of data to internal as well as to 

international users. KEPA should be the body in charge of overall environmental information management. 

They could also coordinate environmental database management, environmental statistics and reporting, 

including to international bodies (EIONET)meeting Kosovo’s reporting obligations. 

III.1.4 The public utility service delivery function 

The management and development of the infrastructure relating to environmental protection fall within the 

mandate of the DEP and DoW. With its immediate importance for daily life these departments attract 

much public attention. The Kosovo Development Strategy and Plan itself highlighted the condition and 

management of public utilities’ infrastructure. In fact, there is evidence that the existing conditions of both 

financial and administrative management are not fit for the future. To ensure sustainability in the realm of 

water related services and in solid (household) waste management new approaches should be 

introduced. 

Delegating public utility management to private companies has not spread far enough yet in Kosovo. 

Environmental departments should participate with the WWRO (Water and Waste Regulatory Office) to 

21

determine the charges for public utility services 1 . It will be necessary to develop and implement a strategy 

for sustainable financial and administrative management of public utilities. It will be important to assist 

centrally and, in the above mentioned very practical ways, support the municipalities in their effort to 

adequately manage public utility service delivery. 

Recommendation III.4: Develop state-wide policy on delegated management and financing of the water, 

waste-water and solid waste sectors 

A further shortcoming of departments described is that it makes insufficient use of economic and fiscal 

policies. Specifically: 

1. An economically-socially feasible and balanced policy package is missing in respect of payments 

for services provided by the environment sector. 

2. The policy for use of economic instruments ought to be amplified, so as: 

a) to really modify the behaviour of people and institutions towards better environmental protection 

by providing incentives for reduction of pollution and 

b) to raise sizeable revenue for investment in environmental quality improvement. 

At present some economic instruments exist and work to some extent, for example charges and fees for 

drinking water management. Others are not working at all; for example no charges are being collected 

from enterprises for the emission of air pollutants or discharging waste water. Their performance is not 

monitored. Basically the institutional capacity is weak for running an effective and forceful policy. 

The key principles that ‘users pay’ and ‘polluters pay’, both commonly used through the whole EU, will be 

a must for the further international donors’ aid programmes. 

Recommendation III.5: Adopt the economic instruments for collecting the charges from industries for the 

emission of air pollutants and discharging the waste waters. 

These instruments are, of course, absolutely different from the penalties or other penalizations imposed for 

the pollution of environmental media. Either environmental administration will be capable enough to arrange 

for economic instruments to protect the sector on one hand, and to create sectoral income on the other, or 

this sector will be unable to cope with the financial challenges and remain a problem sector for the long-term. 

This recommendation is closely tied with the recommendation 11. 

III.1.5 The public information function 

The public information function and cooperation with environmental NGOs are the tasks of the 

Environmental Protection Department. 

The provisions of the Aarhus Convention grant every citizen the right of free access to information and the 

right to participate in environmental decision-making. Government offices recognise their duties regarding 

the public information function (Art 57 of the Law on Environmental Protection). This is demonstrated by 

the reportedly high rate of non-payment of municipal fees, inappropriate waste-disposal and little scrutiny 

of the public-private bodies responsible for aspects of environmental management. The general public 

does not understand that private society could and should be an ally of the public administration in 

enforcement of order and the law. Public responsibility for the environment is not well developed and 

public interest for environmental issues is low. This is also reflected in the coverage of these issues in the 

media. 

The number of local environmental Non-Governmental Organisations (NGOs) in Kosovo is 30, with 2878 

members in total. According to the Regional Environmental Centre’s (REC) database of environmental 

NGOs (2007), the five top priorities of Kosovo NGOs are: 

1 Only 65-70% of the total population has access to the drinking water and 28-30 % is connected to the sewage network (data from 

2005). There is no one wastewater treatment plant (WWTP) in the whole of Kosovo (in four small-size municipalities are being built 

only recently by EAR support). 

22

environmental education / education for sustainable development 90 % 

environmental legislation 63.4% 

nature protection 80% 

rural development 73.4% 

sustainable development 70% 

Environmental NGOs have intermediate levels of performance. However, they have a problem developing 

activities which would better respond to or reflect the needs of the citizens. NGOs are often donor driven 

and do not have the support of the government. 

The Consultants’ opinion is that the departmental capacity to tackle these issues is highly 

underdeveloped. 

Recommendation III.6: An environmental communication strategy with the external bodies should be 

developed and applied in the practice. 

III.2 ENVIRONMENTAL INSPECTION DEPARTMENT 

The new laws in environmental protection require both: environmental impact assessment (EIA) and 

strategic environmental assessment (SEA) procedures. This would in principle involve early notification, 

screening, public participation and access to information as well as to decision-making. 

Environmental inspection and enforcement could be conducted pursuant to Art. 80 - 95 of the Law on 

Environmental Protection [No. 2009/03 L-025]. However, procedural issues have not been addressed yet, 

so inspection and enforcement of the legal provisions is not possible. Major deficiencies have been 

identified at the Inspectorate for Environment and Water. There is a very low number of genuinely 

professional environmental inspectors. There is a critical lack of respective legislation, applicable working 

methodology, relevant environmental standards and proper co-ordination of their activities as well as 

enforcement processes. There is no one accredited laboratory in Kosovo which covers the whole country. 

This is due the obligatory downsizing of the ministry staff resulting in all regional offices being closed. 

Modern enforcement concepts and standards, as envisaged by the promulgated primary legislation, are not 

yet in use. The MESP inspectors neither use standard inspectoral procedures nor standards as inspection 

parameters. 

Recommendation III.7: Drafting of an environmental inspection bylaw and the necessary associated 

instructions that provide the legal and regulatory framework for implementing inspection and enforcement 

functions is a priority objective. MESP should enhance inspection, control and enforcement of legislation's 

specific objectives to include the following: 

Effective operation of the national inspection system; 

Developing and implementing an environmental self-compliance and corporate environmental responsibility 

system by the industries; 

Implementation of the environmental settlement plans with industries; 

Developing special inspection programmes for environmental compliance. 

Regarding the experts opinion, the inspection and enforcement function creates the most serious difficulty 

in the current environmental administration in Kosovo.This particular field of environmental administration 

needs the highest priority to improve its performance. Any of routine process in environmental inspection, 

i.e. inspection planning, compliance monitoring, documenting of inspection and eventual enforcement 

process is not in practice in Kosovo. This is because: a) missing secondary legislation; b) insufficient 

organization of Inspectorate; and c) lack of practical experience. A properly organized programme of 

environmental inspections is one of the key success factors’ in environmental management. 

Recommendation III.8: Implement a training programme in the environmental inspection and 

enforcement using EU recognized trainers. 

23

SPATIAL PLANNING / HOUSING AND CONSTRUCTION 

The European Commission in its Summary of the European Systems for Spatial Planning in 1997 

described the Spatial planning as follows: “… mainly deals with the methods used by the public sector to 

create an impact on the division of the activities in the space in the future. This is undertaken with the goal 

of creation of rational organisation and usage of the space and interlinking between, in order to balance 

requests for development with the need to protect the environment in order to achieve social and 

economical objective. Spatial planning includes measure to coordinate spatial impact of three sector 

policies, in order to achieve one model of economical development of the regions, which in the contrary 

could be created from the trade economy, and to regulate the transfer of intended usage of land and 

property." 

Through spatial planning there is an objective tendency to achieve well balanced socio-economic and 

environmental development of all regions and municipalities in Kosovo, with aims to improve the quality of 

human life and well being. 

MESP according to provisions of the Law on Spatial Planning (No. 2008/03 L-106) is responsible, through 

the Department of Spatial Planning, for: 

coordination of the spatial planning of Kosovo and drafting the spatial planning policies, 

drafting of the relevant spatial planning documents and reports, 

supervision and monitoring of all urban/physical planning documents in whole territory of Kosovo; 

review, monitoring and harmonisation of the process of planning on the municipal level, ensuring 

accordance with the procedures of planning, advising and assisting municipalities on drafting 

development and urban plans as well as regulating urban plans, etc. 

The mandate of the Department of Spatial Planning is suitable and does not require major changes. 

Staffing levels are the problem – particularly understaffing at policy implementation level. 

The position of Kosovo among neighbouring countries from the perspective of regional development starts 

to be gradually improved thanks to the participation in various European integration initiatives such as 

CADSES and Stability Pact. Through these and in accordance with ESDP (European Spatial 

Development Perspective) are set joint goals and principles of equal and sustainable development where 

Kosovo is engaged in development projects in the region of Southeast Europe. These include: 

Promotion of spatial development in order to achieve social and economic cohesion; 

Efficient transport system and access to information society; 

Promotion and management of landscape, natural and cultural heritage; 

Environment protection, resource management and risk prevention. 

Spatial Plan of Kosovo 2005 – 2015+ 2 was approved by Government in principle back in 2005 and is 

now back to the MESP for additional inputs. This document promotes common interests of Kosovo 

residents for faster economic growth and improved quality of life, by protecting environmental resources 

and cultural and natural heritage. The Kosovo Spatial Plan is a strategic multi-sectoral and multi-annual 

programme taking into account all strategic aspects of social, economic, environment and regional 

development for all municipalities in Kosovo. During the development, account has been taken of all 

internationally accepted principles such as democratic participatory and inclusive process in defining 

developmental strategies and physical plans; promotion of full transparency in planning and decisionmaking 

process by allowing participants to have access to necessary data and maps; promotion of equal 

economic and social rights for all Kosovars and sustainable development. 

The main deficiency in the spatial planning sphere in Kosovo is represented in the fact that around 90% of 

municipalities have not yet drafted and approved their urban/municipal development plan. 

Recommendation III.9: A significant part of settlements in Kosovo experience a non-co-ordinated 

approach to development, i.e. development without approved spatial plan. This clearly defined process of 

planning, implementation and controlled development can not be abandoned. One of the most important 

2 The plan was developed in co-operation with the UN – HABITAT, HIS - Institute for Habitat Studies and Urban Development of 

Rotterdam, The Netherlands as well as the Regional Institute for Development Research – RIINVEST, Kosovo. 

24

goals in the field of spatial planning is a co-ordinated planning process between the central and local levels 

by effective communication, assistance, consultations and decision-making. MESP should take a leading 

role in the effective communication, co-ordination and implementation of urban/municipal development 

plans. Another unavoidable role of the MESP is a compatibility review and verification of those plans with the 

Spatial Plan of Kosovo. 

Kosovo has one of the highest average population densities in Europe, close to 200 persons per square 

kilometre. Considering the large portion of the country covered by mountainous, i.e. low density areas, the 

economic activity is concentrated in few locations, where agricultural, mining, industrial and human 

settlements make a dramatic pressure on the existing resources. A rational and democratic (participated) 

management of the country space is a key condition for sustainable development. 

During the post-conflict period Kosovo is facing an enormous extension of illegal construction and illegal 

housing. 

Projects currently implemented by EPAP 2009 in the housing sub-sector reflect the actual situation and bring 

the proper response to the problematic illegal housing and informal settlement. 

Recommendation III.10: Regularise informal settlements, include it into the municipal spatial and urban 

plans and prevent future unlawful developments. 

KOSOVO CADASTRAL AGENCY (KCA) 

The Kosovo Cadastral Agency has been set up with the purpose of managing cadastre and land 

registration in Kosovo. The KCA, though, has an ambiguous role of being a coordinating body rather than 

providing direct management of the Municipal Cadastre Offices (MCO). In this perspective it is preferable 

to have a land administration organization with the MCOs as an integral part of KCA. The result would be 

a more consistent implementation of land administration policies than is currently the case, when the KCA 

has to negotiate with all Municipalities about measures to be taken. With KCA responsible for MCOs a 

clear accountability for land administration operations would be achieved. 

The suggested core businesses in the KCA are cadastre registration, land registration, real property 

valuation, geodesy and NSDI (National Spatial Data Infrastructure). The KCA should at first concentrate 

on the cadastre and land registration including the reconstruction work that is of importance for tenure 

security and reliability of data in the registers. The Kosovo Cadastre and Land Information System 

(KCLIS) should be developed into a unified system including cadastre data about land, buildings and 

apartments, real property right, addresses, property values, land use and environmental restrictions for 

multi-purpose use and hosted by the KCA. 

The experts’ opinion on the transfer of the KCA in the MESP is mentioned in the previous section. We 

would like just emphasize two important points: 

Firstly the major advantage of having the environmental and spatial data under one organisation is 

tha the decision making processes will be easier 

Secondly it will be necessary to keep a degree of autonomy for the KCA within the MESP based on 

the certain peculiarities of its business. 

Detailed recommendations are provided in the separate Vertical Functional Review of the Kosovo 

Cadastral Agency as well as in the well developed Business Plan for the Kosovo Cadastral Agency and 

the Cadastral Sector in Kosovo 2009 – 2014. 

25

SECTION IV. SUMMARY AND SEQUENCING OF ORGANIZATIONAL CHANGES 

For the purpose of implementation of our recommendations, we divided them into three phases, 

depending on the time horizon in which they should be implemented. Following table gives and overview of 

all our recommendations, as well as of the proposed time horizon for their implementation. 

Recommendation / Implementation period Immediately 

General recommendations 

1. Decrease the number of units at all levels and 

remove incentives to create superfluous units 

2. Transform the EU Integration Office to include 

Policy Coordination thus creating the Office for EU 

Integration and Policy Coordination 

3. Make the MESP organizational structure more 

vertical. Integrate some of the small offices / units 

into larger departments, merge some departments 

4. Consolidate Spatial Planning Department and 

Department of Housing & Construction by merging 

them into one department. 

5. Adjust and unify the management / reporting 

lines. Define the subordination of agencies and 

departments clearly and consistently 

6. Create a central GIS coordination unit with the 

aim to develop the environmental monitoring 

system in whole Kosovo. 

7. Place and define strategic and policy planning 

process within the MESP and create efficient 

steering mechanisms to implement policy strategies 

top-down. Elaborate medium term strategy 

documents for each sector. 

8. Designate and fully operate the Advisory Board 

for Protection of Environment in Government as an 

official decision-facilitating inter-ministerial body. 

9. Develop the Kosovo’s national strategy for 

international co-operation 

10. Introduce into the civil service an obligatory 

state’s exam on the knowledge competence. 

11. Develop Human Resource Management 

strategy and design capacity building programme 

as a part of overall institutional development 

framework. The first practical step towards capacity 

building would be staff Training Needs 

Assessment. 

Specific recommendations 

12. Undertake a legal gap analysis with twofold 

consequence – to identify missing legislative acts and 

to prioritize the implementing process of them and set 

up an appropriate time schedule for adoption. 

13. The standardization of rules, simplification of 

procedures and setting up the treshold values could 

26 

x 

x 

x 

x 

Short-term 

(1-2 years) 

x 

x x 

x 

Medium-term 

(3-5 years) 

x x 

x x 

x 

x x 

x 

x x x

contribute to improvement of the situation is highly 

needed. 

14. Develop a country-wide and prioritised 

comprehensive data collection, analysis and 

dissemination system – Environment Information 

System. 

15. Develop state-wide policy on delegated 

management and financing of the water, wastewater 

and solid waste sectors. 

16. Adopt the economic instruments for collecting 

the charges from industries for the emission of air 

pollutants and discharging the waste waters. 

17. An environmental communication strategy with 

the external bodies should be developed and 

applied in the practice. 

18. Drafting of an environmental inspection bylaw and 

the necessary associated instructions that provide the 

legal and regulatory framework for implementing 

inspection and enforcement functions is a priority 

objective. MESP should enhance inspection, control 

and enforcement of legislation’s specific objectives 

19. Apply for the training programme in the 

environmental inspection and enforcement, using 

EU recognized trainers. 

20. Coordinate planning process between the central 

and local level by assisting, MESP should take a 

leading role in the effective communication, coordination 

and implementation of urban / municipal 

development plans. 

21. Regularise informal settlements, include it into 

the municipal spatial and urban plans and prevent 

future unlawful developments. 

27 

x 

x x 

x 

x 

x x 

x 

x x 

x x

ANNEX 1. PROPOSED MESP STRUCTURE 

Management of 

National Parks 

Dept. for Inspection of 

Environment & Construction 

KEPA 

(3 directorates) 

Institute for Nature 

Protection 


Environ. Protection 

Eko Fund 

Institute for 

Hydrometeorology 

Ministry of Environment and Spatial Planning 


Water 

EU Integration & Policy 

Coordination Office 

Information & PR Office 

MINISTER 

Deputy Minister 

& Cabinet 

Permanent 

Secretary 

Dept. of Central 

Administration 

Legal Office 

Internal Audit 

Kosovo Cadastrial 

Agency 

Institute for 

Spatial Planning 

Department of Spatial Planning, 

Housing & Construction 

FRIDOM – Functional Review and Institutional Design of Ministries is a DFID-funded project, implemented by HELM Corporation, Consulting and Public Management 

Group, Governance institute Slovakia and Altair Asesores.

ANNEX 2. Overview of MoEnv / MESP administrative structure in selected EU reference countries 

Estonia - Ministry of the Environment 

Institutions under the Ministry of 

Environment 

ID Name of unit State Nature Conservation Centre 

A Management Estonian Land Board 

B Administrative Department Inspectorate of Environment 

C Department of Development Centre of Forest Protection and Silviculture 

D Strategy Bureau Estonian Environment Information Centre 

Environmental Management and Technology Estonian Meteorological and Hydrological 

E Department 

Institute 

F Financial Department Estonian Radiation Protection Centre 

G Fisheries Department State Forest Management Centre 

H Foreign Financing Department Geological Survey of Estonia 

I Forest Department Estonian Map Centre Ltd. 

J Information Systems Department Estonian Private Forest Union 

K Internal Audit Department Ökosil Ltd. 

L International Co-operation Department National Parks (6) 

M Legal Department County environmental departments (15 ) 

N Nature Conservation Department 

O Personnel Department 

P Public Relations Department 

Q Water Department 

R Waste Department 

Finland - Ministry of Environment (and Housing) 

Institutions under the Ministry of 


ID Name of unit Environmental Permit Authorities 

A Communications Unit Finnish Environment Institute (4) 

Housing Finance and Development Centre of 

B Land Use Department 

Finland 

C Environmental Protection Department Regional Environment Centres (13) 

D Housing and Building Department 

E International Affairs Unit 

F Administrative Unit 

G Secretariat of the Department 

Latvia - Ministry of the Environment Institutions under the Ministry of Environment 

ID Name of unit 

A Minister's Bureau State Environment Service 

B State Secretary's Bureau Environmental Impact Assessment State Bureau 

B.1. Division of Communication 

Latvian Environmental Protection Fund 

Administration 

B.2. Department of Internal Audit Nature Protection Board 

B.3. Division of Budget and Finances The Administration of Teichi Nature Reserve 

B.4. Legal Department Radiation Safety Centre 

C Deputy State Secretary 

State agency of "Latvian Environment, Geology 

and Meteorology Agency " 

C.1. Administrative Department Natural History Museum of Latvia 

C.2. Department of Strategy and Coordination Hazardous Waste Management State Agency 

C.3. Department of Environment Protection 

Department of Climate and Renewable 

National Botanic Garden of Latvia 

C.4. 

Energy Latvian Institute of Aquatic Ecology 

C.5. Department of Nature Protection 

State LLC "Latvian Environmental Investment 

Fund" 

FRIDOM – Functional Review and Institutional Design of Ministries is a DFID-funded project, implemented by 

HELM Corporation, Consulting and Public Management Group, Governance institute Slovakia and Altair Asesores.

D Dep. State Secretary 

D.1. Investment Department 

D.2. Department of Project Development 

D.3. Project Implementation Department 

2 

State LLC “Videsprojekti” (Environmental 

projects) 

Lithuania - Ministry of the Environment and Institutions under the Ministry of 


Environment & SP 

ID Name of unit The Environmental Protection Agency 

A Administration Plant Gene Bank 

A.1 Construction and Housing Department Directorate General of State Forests 

A.2. Environmental Quality Department Centre of Marine Research 

A.3 Environmental Strategy Department Lithuanian Geology Service 

A.4 EU Assistance Department Lithuanian Hydrometeorological Service 

A.5 Forests Department Environmental Projects Management Agency 

A.6 Legal and Personnel Department Lithuanian Standards Board 

A.7 Municipal Economy Department 

Service of Forest Genetic Resources, Seed and 

Planting Material 

A.8 Nature Protection Department Sanitary Forest Protection Service 

A.9 

Public Information and Public Relations 

Department 

National Accreditation Bureau 

Territorial Planning, Urban Develop. and State Company Certification Centre of Building 

A.10 Architecture Dept. 

Products 

A.11 Common Affairs Department State Inspectorate of Environmental Protection 

A.12 Independent Divisions State Forest Management Service 

State Protected Areas Service 

State Territory Planning and Construction 

Inspectorate 

Public Enterprise Lithuanian Environmt. 

Investment Fund 

Slovakia - Ministry of the Environment Institutions under the Ministry of Environment 


A.1 Office of the Minister Slovak Inspection of Environment 

A.4 Department of Informatics Slovak Agency for Environment 

A.5 Department of Crisis Management Slovak Hydrometeorological Institute 

A.6 Department of Internal Audit Research Institute of Water 

B State secretary I State Geological Institute 

C State secretary II ZOO Garden Bojnice 

D Chief of Staff Slovak Museum of Nature and Cave Protection 

D.1 Personnel Office Slovak Mining Museum 

D.2 

Section of Protection of Nature and 

Landscape State Protection of Nature of Slovak Republic 

D.3 Section of Quality of Environment 

D.4 

Section of Environmental Policy and Foreign 

Affairs 

D.5 

Section of Environmental Programs and 

Projects 

D.6 

Section of Economics and Internal 

Management 

D.7 

Section of Legislation and Preservation of 


D.8 Section of Water and Energy Resources 

D.9 Section of Geology ad Natural Resources

Slovenia - Ministry of Environment and Spatial Institutions under the Ministry of 


Environment & SP 


Minister's office Surveying and Mapping Authority 

A Secretariat Slovenian Nuclear Safety Administration 

B Environment Directorate 

Inspectorate for the Environment and Spatial 


C Spatial Planning Directorate Environmental Agency 

D European Affairs and Investments Directorate 

E Service for Climatic Safety 

F Department for EU Matters 

G Internal Audit Office 

3

ANNEX 3: LIST OF INTERVIEWS AND MEETINGS DURING THE SURVEY 

Name Position 

Mahir Yagcilar Minister 

Arben Citaku Permanent Secretary 

Ilir Morina CEO, KEPA 

Hamid Basholli CEO, Kosovo Cadastre Agency 

Muhamet Malsiu Director, Department of Environmental Protection 

Bedri Halimi Chief inspector 

Lirie Berisha Director, Department for Housing and Construction 

Luan Nushi Director, Institute for Spatial Planning 

Agim Radoniqi Director, Department for Spatial Planning 

Naser Bajraktari Director, Water Department 

Hazbije Krasniqi Head, Office for EU Integration 

Ismail Hetemaj Head, Division for Nature Protection (DEP) 

Nezakete Hakaj Head, Division for Environmental Protection (DEP) 

Syle Tahirsylaj Director, Hydrometeorology Institute 

Ismail Rudari Director, Department of Central Administration 

Remzush Latifi Director, Legal office (MESP) 

Enver Tahiri Chief, Division for Waste Management 

Hysen Abazi Director, Forestry Department (MAFRD) 

Hamid Basholli CEO, Kosovo Cadastre Agency 

Hazer Dana Directorate for National Park “Malet e Sharrit” 

Baton Begolli Task Force Manager for Water, PM Office 

Kadri Hyseini Political Advisers to the Minister 

4

ANNEX 4. 

LIST OF MAIN APPLICABLE LAWS IN ENVIRONMENT, SPATIAL PLANNING AND CONSTRUCTION 

No. Law Year 


1 Law for Air Protection, No. 2004/48 25 November 2004 

2 Law on Waste, No.2005/02-L30 2005 

3 Law for Nature Protection No. 2006/22 24 April 2006 

4 Law on Hydrometeorological Activities No. 2007/2 09 January 2007 

5 Law on Chemicals, No. 2008/8 08 February 2008 

6 Law on Protection from Noise No. 2008/15 17 March 2008 

7 Law on Strategic Environmental Assessment (SEA), No. 2009/03 L-015 06 March 2009 

8 Law on Environment Protection, No. 2009/03-L-025 19 March 2009 

9 Law on Environment Impact Assessment (EIA), No.2009/03-L-024 19 March 2009 

10 Law on Integrated Prevention Pollution Control (IPPC), No. 2009/03-L-043 2009 

11 Law on Special Protected Zones, No. 03/L-039 

Waters 

20 February 2008 

12 Law on Waters of Kosovo No. 2004/24 


14 October 2004 

13 Law for amendment of the Law on Spatial Planning No. 03/L-106 

Construction 

10 November 2008 

14 Law for Construction No. 2004/15 14 October 2004 

15 Law on the Use, Administration and Maintenance of Co-owned Buildings No. 03/L 

091 

12 March 2009 

MESP Administrative Instructions (AI) 

Stemming from Law on Environment, Air, Nature and Waste 

No. Name of Administrative Instruction No. of AI 

Date of 

Approval 

1. On Establishment of Environment Protection Inspectorate 02/2004 

18.02.2004 - 

MESP 

2. On Issuance of Ecological Permit 26/05 

07.11.2005 - 

MESP 

3. 

On Licensing Persons and enterprises to draft reports on 

environmental impact assessment 

03/2004 

27.04.2004- 

MESP 

4. On Organization of Kosovo Environment Protection Agency 

22/03 06.10.2003- 

MESP 

5. On Environmental Impact Assessment 09/2004 

14.07.2004 - 

MESP 

6. 

On cadastre of emissions of Environmental Polluters. Forms and 

guidelines to fill the forms. 

2004/09 

03.08.2005- 

MESP 

7. 

On the form and way of keeping the central registry of natural 

protected zones 

04/2006 

05.10.2006 - 

MESP 

8. On method of marking the natural protected zones 01/ 07 

25.01. 2007- 

MESP 

9. On administration of Used Waste Oils 81/07 

13.03.2007 - 

MESP 

10. On construction and demolition waste 

83/06 20.12. 2006 - 

MESP 

11. On Battery Waste 80/07 

13.03.2007 - 

MESP 

12. On Poly-chloride biphenyl and tripheniles 

10/07 26.07.2007 - 

MESP 

13. On competences on Waste Treatment Owner and Operator 

08/07 26.07.2007 - 

MESP 

5

14. On Package and dump package 

15. On administration of landfill 

16. On administration of electrical and electronic waste 

17. Management Plans of Natural Protected Zones 

Administrative Instructions stemming from Law on Waters 

1. 

On Content, Form, Conditions and Method of Issuance and Keeping 

Water Permit 

24/05 

11.10.2005 - 

MESP 

2. 

On Defining Evidence Method and Form of Legitimating the Water 

Inspectorate 

23/05 

11.10. 2005 - 

MESP 

3. On Payment of Water Structures 2006/06 02. 2006 - MESP 

4. On composition of water infrastructure 06/07 

05.06.2007- 

MESP 

5. 

Criteria on Setting Protected Water Area and Their Protecting 

Measures for Water Resources Used for Drinking Water 

13/07 

23.11.2007- 

MESP 

6. 

On Limiting Values of Affluent Discharged on Water Body and 

Sewerage Network 

13/2008 

Approved by 

Gov. 18.07.2008 

6 

09/07 26.07.2007 - 

MESP 

10/07 22.08.2007 - 

MESP 

12/07 04.10.2007 - 

MESP 

11/07 02.11.2007 - 

MESP 

18. On rules and norms of discharge on air from fixed contamination sources /07 Government 

19. On administration of medicinal waste 05/2008 

20. On Waste Export, Import and Transit 01/2009 

21. On Administration of dumped vehicles and their waste 02/2009 

22. On Mandatory Fines 04/2009 

23. On Administration of Public Surface Waste 05/2009 

24. On Administration of Waste Tires 06/2009 

25. On Administration of Asbestos waste 07/2009 

26. On permitted values of noise emission from polluters 08/2009 

27.02.2008 - 

MESP 

06.02.2009 - 

MESP 

28.05.2009 - 

MESP 

05.06.2009 - 

MESP 

08.06.2009 - 

MESP 

04.09.2009 - 

MESP 

04.09.2009 - 

MESP 

04.09.2009 - 

MESP 

27. Administrative Instruction - Licences on Waste Administration 09/2009 Not signed yet 

Government AI stemming from Law on Environment, Air, Nature and Waste 

Law on Protection of Air from Pollution 

1. On Administration of dangerous waste 06/2008 

Approved by 

Gov.07.03.2008 

2. On Administration on Medicinal Waste 05/2008 

Approved by 

Gov.07.03.2008 

3. On liquidation of waste of medicinal products 12/2008 

Approved by 

Gov. 15.07.2008 

4. On criteria on selection of location and construction of landfill 01/2009 

Approved by 

Gov. 28.01.2009 

5. 

6. 

On maximum approved levels on discharge and dissemination of 

polluters on Earth 

On control of emissions of organic compositions volatile during 

dumping, discharge, filling and transportation of carburant 

02/2009 

04/2009 

Approved by 

Gov. 28.01.2009 

Approved by 

Gov. 03.04.2009

Administrative Instructions stemming from Law on Spatial Planning 

1. 

On implementation of Law on Spatial Planning and 

establishment of Spatial Planning Council 

04/04 27.05.2004 - MESP 

2. 

On implementation of Law on spatial planning over key 

ingredients of Kosovo Spatial Planning 

25/03 21.11.2003 - MESP 

3. 


ingredients of municipal urban development plan 

25/03 21.11.2003 - MESP 

4. 


ingredients of urban development plan 

30/03 26.12.2003 - MESP 

5. 


ingredients of municipal urban regulatory plan 

02/05 04.03.2005 - MESP 

6. 

On implementation of Law on spatial planning over location criteria, 

issuance of urban approval and urban permit 

01/05 04.03.2005 - MESP 

7. On Professional exam and licensing 03/05 04.03.2005 - MESP 

8. 

On implementation of Law on spatial planning over regulation 

of supervision, finings and measures 

14/03 27.04.2004 - MESP 

9. On establishment of Planning Expert Council 14/03 04.11.2004 - MESP 

10. 

On proposal of decision-making for drafting municipal development 

plan, urban development plan and urban regulatory plan 

14/03 26.12.2003 - MESP 

11. 


elements of Spatial Plans for Special Zones 

2005/42 04.03.2005 - MESP 

12. 

On implementation of Law on spatial planning over Public 

scrutiny procedure for spatial and urban plans 

15/2005 10.05.2005 - MESP 

1. 

AI stemming from the Law on Construction 

On criteria and procedures of issuance of licenses on exercise 

of activities in the area of construction, design, professional 

supervision and revision 

7 

05/2005 

19.04. 2005 - MESP 

2. 

On professional technical exam, civil engineer, architecture 

engineer, electro-technical engineer, mechanical engineering 

in the area of construction 

06/2005 

19.04. 2005- MESP 

3. 

On Carrying Out Inspecting Supervision and Construction 

Inspection 

59/2005 14.07.2005 - MESP 

4. 

On keeping inspection evidence, registry form, and form used 

during inspection 

58/2005 14.07.2005 - MESP 

5. 

On qualification criteria for construction inspector of MESP 

and Municipal Construction Inspector 

57/2005 14.07.2005 - MESP 

6. 

On closure of construction site and method of its encirclement 

by Construction Inspectorate 

60/2005 14.07. 2005 - MESP 

7. On Project nostrification 25/2005 02.12. 2005 - MESP 

8. On technical inspection of construction facilities 26/2005 23.12.2005 - MESP 

9. 

On criteria and measures of issuing authorization for project 

27/2005 23.12.2005 - MESP 

control 

10. 0n project control 02/2006 14.02.2006- MESP 

11. On other administrative violation and relevant fines 01/2006 10.02.2006- MESP 

12. On List of construction exempted from construction permit 03/2006 16.06.2006- MESP 

13. 

On technical conditions of construction facilities for access of 

33/2007 18.06. 2007- MESP 

14. 

disability persons 

Technical Regulation – on saving thermal energy and thermal 

protection in buildings 

03/2009 25.05.2009 - MESP

REFERENCES 

1. Environmental Strategy for Kosovo 2004 

2. Kosovo Environmental Action Plan 2006 – 2010, 2006 

3. Kosovo Development Strategy and Plan, 2006 

4. European Partnership Action Plan (EPAP), 2008, 2009 

5. Report of Environment Situation 2006-2007, KEPA, 2008 

6. Program of the Government of the Republic of Kosovo 2008 – 2011, 2008 

7. Strategy and Development Plan for Kosovo 2007-2013 - Sectoral Strategy for Spatial Planning, 2006 

8. Business Plan for the KCA and the Cadastral Sector in Kosovo 2009-2014, 2008 

9. Vertical Functional Review of the Kosovo Cadastral Agency, Draft Report (FRIDOM, 2008) 

10. Functional Review of the Environmental Sector in Bosnia and Herzegovina, Agriconsulting 2005 

11. Law on Environment Protection, No. 2009/03-L-02 

12. Law on Strategic Environmental Assessment (SEA), No. 2009/03 L-015 

13. Law on Environment Impact Assessment (EIA), No.2009/03-L-024 

14. Law on Waste, No.2005/02-L30 

15. Law for Nature Protection No. 2006/22 

16. Law on Waters of Kosovo No. 2004/24 

17. Law on Spatial Planning No. 2003/14 

18. Law for Construction No. 2004/15 

8

Functional Review of the Ministry of Environment and Spatial Planning

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?