HANDBOOK “GENERAL OBLIGATIONS OF ENVIRONMENTAL PROTECTION AND HUMAN HEALTH IN THE FEDERATION OF BOSNIA AND HERZEGOVINA”

In March 2021, the new Law on Environmental Protection (“Official Gazette of the Federation of BiH”, No. 15/21) entered into force in the Federation of Bosnia and Herzegovina. In accordance with the same, within the NEST project, which is implemented by the Environmental Resource Center and funded by Sweden, the Ministry has started drafting bylaws arising from the Act. In July 2021, new bylaws were adopted: Decree on projects for which environmental impact assessment is mandatory and projects for which it is decided on the need for environmental impact assessment (“Official Gazette of the Federation of BiH” number: 51/21 and 33/22 ), The Decree determining the plants and facilities that must have an environmental permit (“Official Gazette of the Federation of BiH” No. 51/21) and the Rulebook on plants, facilities and warehouses where hazardous substances are present that can lead to large-scale accidents Official Gazette of the Federation of BiH ”, number: 51/21). With the adoption of new bylaws, European directives have been transposed: the Industrial Emissions Directive 2010/75 / EU, the Directive on the assessment of the impact of certain public and private projects on the environment 2011/92 / EU and the Directive amending Directive 2011/92 / EU on the assessment of certain public and private projects on the environment 2014/52 / EU and the Directive on the control of major-accident hazards involving dangerous substances 2012/18 / EU.

The Rulebook on plants and plants for which environmental impact assessment is mandatory and plants and plants that can be built and put into operation only if they have an environmental permit (“Official Gazette of the Federation of BiH” No. 19/04) has ceased to apply with new regulations.

Based on the new regulations, the practice of issuing environmental permits for projects such as infrastructure facilities, electricity transmission facilities, renewable energy sources (water, solar, wind) and long-term projects has been completed, but for them in accordance with the Regulation on projects for which is mandatory environmental impact assessment and projects for which it is decided on the need for environmental impact assessment (“Official Gazette of the Federation of BiH”, No. 51/21 and 33/22) conduct procedures of preliminary environmental impact assessment with or without study and adopt solutions that contain environmental protection measures. However, for a number of projects under this Regulation, the obligation to conduct an environmental impact assessment procedure is not prescribed, so for these projects it is necessary to prescribe general measures for environmental protection and protection of human health through other approvals and permits.

By increasing the value of the lower thresholds of production capacity in the regulations (due to harmonization with EU Directives), a large number of plants and plants have ceased to be obliged to obtain an environmental permit and renew the environmental permit. According to the Decree determining the plants and plants that must have an environmental permit (“Official Gazette of the Federation of BiH” No. 51/21) for one part of the constructed plants and plants will no longer need to issue an environmental permit or renew it, if in accordance with Article 93 of the Law on Environmental Protection, the economic entity has obtained a valid water act and a valid water permit, so that for these plants and facilities will need to prescribe general obligations of the operator regarding environmental protection through permits not obtained or reissued due to limited validity period.

According to the new regulations, a large number of plants and facilities will be covered by the provision of paragraph (3) of Article 84 of the Law on Environmental Protection (“Official Gazette of the Federation of BiH”, No. 15/21), which means that the competent authority will prescribe general obligations of the operator in relation to environmental protection.

In this way, the Federation of Bosnia and Herzegovina has fulfilled part of the international obligations under the Strategy for Approximation of Regulations to the Acquis Communautaire in the Field of Environmental Protection of Bosnia and Herzegovina (EAS-BH) in accordance with the Constitution of BiH, until full fulfillment of all constitutional competencies. transposition, implementation and enforcement of the EU acquis.

“Everyone has the right to a healthy and environmentally friendly environment as a fundamental human right, and it is a general duty to protect and improve the environment for the benefit of present and future generations. The entities that ensure environmental protection are the Federation of Bosnia and Herzegovina, cantons and local self-government units in accordance with this Law and other regulations. “

Art. 3. (Right to the Environment) of the Law on Environmental Protection (“Official Gazette of the Federation of BiH”, No. 15/21)