Event report. National training on SEA/EIA/Management in Protected Areas and CITES Convention May 2016 Mostar, Bosnia and Herzegovina

Transcription

1 Event report National training on SEA/EIA/Management in Protected Areas and CITES Convention May 2016 Mostar, Bosnia and Herzegovina A1. Main outcomes All documents and presentations are available online at: Insert address here A lack of communication and coordination among all relevant institutions is one of the deficiencies and should be improved. There is a need for greater and better cooperation between all governmental levels. Bosnia and Herzegovina is faced with insufficient number of by-laws, regulations and policy documents. Further support is needed in the process of preparation and harmonization of national legislation with EU regulations and the development of strategic documents in the field of SEA/EIA and nature protection. Implementation plans on environmental impact assessment, the protocol on strategic environmental assessment and the Basel Convention on hazardous waste have yet to be adopted, as does an environmental monitoring data management and reporting strategy. Strengthening capacities of administration staff in relevant institutions dealing with CITES and nature protection is needed. It would be valuable if one additional training can be organized. Providing necessary support to relevant institutions for the implementation of CITES Convention (purchase of equipment, training of ministry personnel /inspectors / customs officers/border police) is needed Cooperation with NGOs should be improved There is still insufficient information for the general public about environmental crimes and the negative consequences on the environment and public health. Protected areas are important tools for the conservation of biological diversity and are cornerstones of sustainable development. In addition to the biodiversity benefits and ecosystem services that protected areas provide, they can also create investment opportunities and employment. Awareness campaigns are insufficient with respect to the economic benefits deriving from National Parks and other protected areas. General agreement is that an internal network for environmental enforcers is needed in Bosnia and Herzegovina A2. Follow up actions Share the event report and list of participants with all attendees to take advantage of the momentum and encourage further dialogue. It would be valuable if one additional National training can be organized in Bosnia and Herzegovina

2 B. Session by session Session 1: Opening, Ms. Lejla Šuman (REC BiH); Mr. Igor Jevtić (Ministry of Foreign Trade and Economic Relations of BiH); Mr. Zejnil Trešnjo (Ministry of Trade, Tourism and Environmental Protection of Herzegovina-Neretva Canton) Ms. Lejla Šuman on behalf of REC BiH and THEMIS Secretariat opened the training and welcomed all participants. She introduced participants with the agenda and the main objective of the training. Mr. Igor Jevtić, THEMIS focal point, welcomed the participants and said that the great progress has been made since the introduction of the THEMIS network in BiH. He thanked the REC BiH for the contribution and highlighted the issue of implementation of CITES in Bosnia and Herzegovina. Mr. Zejnil Trešnjo on behalf of Ministry of Trade, Tourism and Environmental Protection of Herzegovina-Neretva Canton welcomed all participants. He stressed that this ministry is extremely grateful for involvement in project activities. He also pointed that we are daily confronted with environmental crimes and for Bosnia and Herzegovina is extremely important that the THEMIS network continues to work in the future. Session 2: Overview of SEA and EIA Directive; Ms. Lejna Alić (EKO PRO) Ms. Lejna Alić gave an Introduction to EIA and SEA Directives, presented Legal Framework and amendments and also presented several examples of Implementation of the Directives and impact on the environment. She also spoke about importance of public participation in EIA and SEA processes. Session 3: Legal Framework on EIA and SEA in Bosnia and Herzegovina: (Compliance and Enforcement); Ms. Mirjana Kovač (Federal Ministry of Environment and Tourism), Ms. Ljiljana Stanišljević (Ministry of Spatial Planning Civil Engineering and Ecology of Republic of Srpska); Nada Ljubojević (Government of Brčko District) Ms. Mirjana Kovač presented the legislation in the field of SEA and EIA in the Federation of BiH. She pointed out that environmental impact aassessment is carried out according to the Rulebook of plants and facilities that are subject of mandatory environmental impact assessment as well as of plants and facilities that can be built and put into operation only if have environmental permit ("Official Gazette of FBiH", No. 19/04). The new Law on Environmental Protection and the Rulebook of plants and facilities that are subject of mandatory environmental impact assessment are prepared but has yet to be adopted. Ms. Ljiljana Stanišljević presented the legislation in the field of SEA and EIA in the Republic of Srpska. She pointed out that Republic of Spska adopted new Law on Environmental Protection in ( Official Gazette of Republic of Srpska 79/15). Environmental Impact Aassessment in Republic of Srpska is carried out according to the Rulebook on projects for which Environmental Impact Asessment shoud be carried out and the criteria for deciding on the obligation of the implementation and scope of the Environmental Impact Asessment ( Official Gazette of Republic of Srpska, No.124/12). Ms. Nada Ljubojević introduced the legislation in the field of SEA and EIA in Brčko District, their alignment and implementation. From 2006 in Brčko District environmental permits has been issued as a binding legal document. Page 2 of 8

3 Session 4: The theory of sustainable/reasonable spatial planning and SEA; Ms. Maja Tasildžić-Šaćiragić (DVOKUT PRO) Ms. Maja Tasildžić-Šaćiragić provided information about the importance of Spatial Planning in general and presented the legislation in Bosnia and Herzegovina on Spatial Planning. The focus of the presentation was then to put in the context the connection between Spatial Planning and SEA. Strategic Environmental Assessment assists in the transition from traditional planning to planning based on sustainability. Unified spatial planning and environmental planning can ensure new quality in both kinds of planning as well as better quality development of areas that enforce such procedures. Session 5: Workshop Practical exercise on the application and implementation of the SEA and EIA Directives Lejla Šuman (REC BiH) The script / scenario (based on a real case) was presented to participants as well as relevant regulations (SEA and EIA Directive). Participants are divided into the two groups (ministries, inspectorates/ NGOs, public institutions for management in protected areas/ other represented groups) and were asked to analyze the case in the working groups and to answer on number of questions. After the workshop and presentations by groups, case study answers were discussed in plenary with all participants and final decision made/ judgment by the Court of Justice of the European Union on the specific case was presented. Session 6: The responsibility of environmental non-governmental organizations in the processes of the EIA and SEA Mr. Rijad Tikveša (NGO EKO-TIM ) Mr. Rijad Tikveša pointed out that in the processes of construction of some object that may have a negative impact on the environment, Environmental impact assessment - Environmental Study is only part of the process where environmental organizations can get the opportunity to present their comments, remarks and suggestions and thus to improve this Study, which should result with issuance of quality environmental permit. Apart from local law, this right is guaranteed by the Aarhus Convention. This is exactly the right that obliges environmental organizations to act toward the public and the competent ministry. He stated that Poor quality of SEA/EIA = poor quality of environmental permit = does not help the investor to reduce the negative impact on the environment, creates problems during inspection supervision, does not lead to reduction the negative impact on the environment, forces the local community to self-organization and forces environmental organizations to take all legal measures to stop those kind of projects. He presented example of SEA / EIA in the case of construction of Thermal Power Plants Banovici and involvement of NGO in whole process. Ms. Mirjana Kovač commented that NGOs should monitor other projects as well (egg. Regional Sanitary Landfill in Sarajevo) and not to be focused only on hydro-power projects. Mr. Oliver Arapović answered that they also have been involved in campaigns against building of hydro-power plant on Buna river because they also discovered irregularities Page 3 of 8

4 and negative impact of hydropower plants on one of the most important natural area in our country. Ms. Sabina Jukan commented that the main problem is access to the data because sometimes the data are not publicly available, monitoring and control and also stated pointed out how difficult is it to prove criminal offences without the data. Mr. Rijad Tikveša commented that environmental non-governmental organizations are obliged to be active in improvement of the quality of SEA/EIA and environmental permits as well. Mr. Đorđe Stefanović commented that civil society participation in decision-making processes (especially related EIA and SEA) is critical for strengthening participatory democracies, increasing ownership over decisions that affect a society s future and assisting the achievement of sustainable development. Session 7: Project Civil Society Acts for Environmental Sound Socio-Economic Development Mr. Đorđe Stefanović (NGO DINARICA ) Mr. Đorđe Stefanović presented project Civil Society Acts for Environmentally Sound Socio- Economic Development. Project aims to contribute to the sustainable management of natural resources through improved regulatory framework and more participatory and transparent decision-making processes, which involve a vibrant group of civil society organizations and increased attention of the media on the topic, with benefits for society at large. The Action has officially started in February 2016 and has a duration of 36 months. It involves five beneficiary countries; namely Albania, Bosnia and Herzegovina, Montenegro, Serbia and Turkey. The specific objective is that by end of the program civil society organizations in the five countries are engaged as equal stakeholders with public authorities and professional companies in their national processes of legislative revisions and decision making on EIAs and SEAs through inter alia increased media attention. The pillars on which the attainment of the objective lies are captured in the four specific results: Building the capacity of the CSOs on lobbying and advocacy Improving regulatory framework for EIAs and SEAs Influencing EIA/SEA public consultations Raising the attention of media while increasing their capacity to flag out issues around public consultation processes reflecting the importance of CSOs participation Session 8: Experiences on the Strategic Environmental Assessment in partner countries of SPEEDY Project Ms. Marina Stenek (EKO INVEST Zagreb; Croatia) Ms. Marina Stenek presented experiences on the Strategic Environmental Assessment in partner countries of Project SPEEDY Shared Project for Environmental Evaluation with Dynamic governance Project. The SPEEDY project was developed with goal to help Member States to implement the SEA directive to respect their provisions and obtain the benefits provided. The project was financed by the IPA Adriatic CBC Programme The overall objective of the project was to foster transnational cooperation between public administrations with the aim of fostering a environmental assessment process efficient in the Adriatic. The synergistic actions between the various neighboring countries are linked to the consideration that environmental problems can be resolved through interventions coordinated and sharing knowledge. This general objective was achieved through the development of web-based SEA platform aimed to promote and extend knowledge and share information about SEA. Ms. Sabina Jukan asked whether the developed web-based SEA platform can be used by others or just by project partners. Page 4 of 8

5 Ms. Marina Stenek answered that platform is accessible at project website and can be used by anyone. Session 9: Discussion with all participants - Lejla Šuman (REC BiH) Mr. Rijad Tikveša stated that the country is at a very early stage in aligning with the EU environmental acquis. Significant efforts are still needed to raise awareness at all levels of society, and to promote cooperation between all relevant stakeholders. Ms. Nada Ljubojević stated that a lack of communication and coordination among all relevant institutions on all governmental levels is one of the deficiencies and should be improved. Mr. Zejnil Trešnjo started that there is a need for greater and better cooperation between all governmental levels. Ms. Sabina Jukan stated that Bosnia and Herzegovina is faced with insufficient number of by-laws, regulations and policy documents. Further support is needed in the process of preparation and harmonization of national legislation with EU regulations and the development of strategic documents in the field of SEA/EIA and nature protection. Mr. Oliver Arapović stated that cooperation with NGO sector should be improved and public consultations with civil society need to be strengthened. Ms. Adisa Marshal stated that there is still insufficient information for the general public about environmental crimes and the negative consequences on the environment and public health. She stated that experiences from neighboring countries should be used and could be very beneficial. Session 10: Management of the protected areas in Croatia Ms. Biljana Opačić (State Institute for Nature Protection of Croatia) Ms. Biljana Opačić presented the example and experiences in Management of Protected Areas in Croatia. She stated that The Nature Protection Act (OG 80/13) stipulates nine categories of protected areas. The national categories largely correspond to the internationally recognized IUCN Protected Area categories. State Institute for Nature Protection has established and is regularly maintaining a Protected Areas in Croatia database with an interactive web map of all categories protected according to the Nature Protection Act. The referential database and the only official source of information on protected areas in the Republic of Croatia is the Protected Areas Register kept by the Nature Protection Directorate of the Ministry of Environmental and Nature Protection. All of the information from the Register is public. According to the Protected Areas Register of the Ministry of Environmental and Nature Protection, a total of 409 areas have been protected in the Republic of Croatia in various categories. Today, protected areas account for 8,56% of the total area of the Republic of Croatia, which makes 12,24% of the terrestrial territory and 1,94% of the territorial sea. Nature parks account for the largest share of all protected areas (4,56% of the total national territory). She also presented Management Documents (Annual Programes, Management Planes, Spatial plan of areas with special features, An Ordinance on protection and conservation) as well as main threats to Croatian Protected Areas. Ms. Harita Čolaković asked for additional explanation regarding Inspection in protected areas and commented that in case of Federation of BiH rangers are in charge of surveillance of protected areas and inspectors are called when greater problem occurs. Ms. Biljana Opačić answered and described the activities for which they are responsible. Mr. Krešimir Ilić provided additional and detailed explanation of Inspection control in protected areas in Croatia. Ms. Ana Soldo pointed out that protected areas are important tools for the conservation of biological diversity and are cornerstones of sustainable development. In addition to Page 5 of 8

6 the biodiversity benefits and ecosystem services that protected areas provide, they can also create investment opportunities and employment. Awareness campaigns are insufficient with respect to the economic benefits deriving from National Parks and other protected areas. Session 11: Inspection supervision in protected areas in Federation BiH - Ms. Adisa Marshall (Federal Administration for Inspection Affairs) Ms. Adisa Marshall presented organization of inspection in BiH, organization of nature protection inspection in the Federation of BiH, competencies, legal framework, examples of inspection in 2015, obstacles with which Inspection in Federation is faced (lack of animal shelters, lack of cooperation among different institutions on different level of authority, lack of secondary legislation, lack of Federal Institute for Nature Protection, etc.) and positive aspects. Mr. Goran Pisic mentioned few examples on which communal police worked. He presented examples in which the administrative procedure is finished and perpetrators are punished (heavy fuel spill in the Drina River, tar spill during transport). He emphasized that regional and cross-border cooperation of communal police is very important. Mr. Nebojša Savić presented examples from Brcko District and pointed that the problems in every part of BiH are exactly the same. All relevant laws were enacted, but the implementation is inefficient. He showed typical examples of environmental crimes that, sadly, ended without a conviction. Mr. Rijad Tikveša stated that Law on forestry in Federation of BiH does not exist and it causes great damages to the wild flora and fauna. There is an insufficient number of inspectors of nature protection in Federation of BiH. Session 12 : Management of the protected areas in Bosnia and Herzegovina - Site visit to Vjetrenica Cave - Ms. Ana Soldo (Public Institution Vjetrenica Cave ) After the morning sessions all participants went to study visit to the Vjetrenica Cave in order to visit one of the successful examples of management of protected areas in Bosnia and Herzegovina. Vjetrenica is a hydrological active, speleological and drifty object with even four water streams, as well as more than ten further, smaller periodical water streams with subterranean lakes. Located in the southern side of the Dinara rock mass, with an access at the sole edge of the Popovo-field, 300 m to the East of the village's centre called "Zavala" with an altitude of 260 m above sea level and an air-line distance of 12 km to the Adriatic Sea. In 2004 the Vjetrenica cave was nominated for the preliminary list of UNESCO world heritage. More information can be found online Session 13: The experiences in the Western Balkan countries in terms of the implementation of CITES Convention- Ms. Lejla Čustović (EKO PRO) Ms. Lejla Čustović gave an Introduction to CITES Convention, presented EU provisions and regulations currently in force and main import and export areas of trade. She also presented status of implementation in Serbia and Montenegro. Serbia has ratified the CITES Convention on 5 November 2001 by adopting the Law on Ratification of the Convention. The law came into force in 2002 and implementation of the Convention has started in The authority responsible for the implementation of the Convention in Serbia is Ministry of energy, development and environmental protection - department for the implementation of CITES, which are also responsible for issuing permits for traffic of endangered species of wild flora and Page 6 of 8

7 fauna. The Institute for Nature Conservation of Serbia is one of the scientific and professional institutions that are responsible for providing advices and opinions. Supervision is performed by inspection of environmental protection, border veterinary inspection, phytosanitary inspection, customs, border police and criminal police. In Montenegro, the administrative body in Montenegro is Agency for Environmental Protection. Two scientific institutions provide expert opinions Department for monitoring and nature protection within the Agency for Environmental Protection and the Institute of Marine Biology in Kotor. She also presented number of publications and tools produced by Secretariat aimed at assisting the parties in the CITES implementation. Session 14: Implementation of the CITES Convention in Bosnia and Herzegovina Mr. Igor Jevtić (Ministry of Foreign Trade and Economic Relations of BiH) Mr. Igor Jevtić gave a detailed overview on CITES (general information, when it is established, how CITES operates, Appendices) and presented status of implementation in Bosnia and Herzegovina. In accordance with Article 4. Paragraph 4. of the Convention, MOFTER BiH issues Confirmation/notification for the import of species listed on Appendix II of the Convention. In accordance with Article VIII. Paragraph 7 (a), MOFTER BiH submits annual reports related to trading of CITES species: Report for 2013 (included reports ) and Report for In accordance with Article VIII. Paragraph 7 (b), MOFTER BiH has submitted biannual report on legislative and administrative measures taken to enforce the provisions of the Convention ( ). The importance of the implementation of CITES in BiH is still not sufficiently recognized. Bosnia and Herzegovina still did not establish administration structure needed for Implementation. Proposal for structure is prepared by MOFTER but unfortunately there is no final agreement adopted by both entities and Brčko District. Due to the extreme complexity of the Convention as well as a large number of wildlife species listed in the appendices, involvement of experts from different fields is needed. Realization of a number of activities requires time, financial resources, human resources, equipment, training, and all other elements that are indispensable in the implementation of CITES. Disappointing fact is that BiH, so far, has not requested financial assistance from any of the sources of financing/funding available for implementation of CITES (comparing with other countries in the region and the world). Financial assistance is needed for: engagement of appropriate experts; development of structures for the implementation of CITES; training of border police, customs, inspectorates and civil servants; development of secondary legislation and procurement of necessary equipment. Ms. Milanka Jovanović stated that there were several meetings and discussions on establishment of administrative structure for implementation but unfortunately there is no final agreement adopted by both entities and Brčko District. Session 15 : Implementation of the CITES Convention in Croatia Mr. Krešimir Ilić (Ministry of Environmental and Nature protection of Croatia/Directorate for Inspectorial Affairs of Croatia) Mr. Krešimir Ilić presented structure of Inspection for Nature Protection of Republic of Croatia and the powers of nature protection inspectors and nature guards as well as the status of implementation of CITES convention. In the Republic of Croatia, the managing authority for implementing the CITES convention (CITES MA) and for issuing authorizations is the Ministry of Environment and Nature Protection, Nature Protection Directorate. The efficient implementation of the Convention within the state requires good cooperation of the body competent for CITES with the nature protection inspection, customs, police, border veterinarian and phytosanitary inspection and judiciary. He also presented projects in which they participated and which are Page 7 of 8

8 related to nature protection and CITES. At the end he pointed out examples of cooperation with Bosnia and Herzegovina. Session 16: Closing Ceremony - Lejla Šuman (REC BiH) Lejla Šuman summarized the three-day training and said that there are many problems in BiH and further support will be needed in different areas and sector. All participants are provided with certificates. The training was closed by Ms. Lejla Šuman, who thanked the donor ADA, as well as all participants and trainers for their relevant contributions. Page 8 of 8