Country Situation in Bosnia-Herzegovina 2021 • EnvNet

ENVIRONMENTAL LEGISLATION APPROXIMATION PROGRESS IN BOSNIA AND HERZEGOVINA

Bosnia and Herzegovina is a potential candidate for EU membership. The Stabilization and Association Agreement between BiH and the EU entered into force on 1st June 2015. It replaced the Interim Agreement (2008). In July 2015, BiH adopted and started to implement the Reform Agenda, aimed at tackling the difficult socio-economic situation and advancing the judicial and public administration reforms. Significant progress in the implementation of the Reform Agenda is necessary, in order that EU considers an EU membership application from BiH. BiH has not yet adapted the trade concessions granted under its SAA/IA with the EU to take into account its bilateral traditional trade with Croatia. BiH is at an early stage regarding its approximation with European standards; the adoption of the Transport Policy in July 2015 is a positive step forward. Significant efforts are needed in the most of the policy areas for the country to further align them with the EU acquis. The country has complex institutional but inefficient system (lack of division of powers between the Entities, Cantons and municipalities/ cities). Preparations in the areas of the environment and climate change are at an early stage but there was some progress. Concerning horizontal legislation, several strategic documents have to be adopted: the environmental approximation strategy and its implementing documents, specific implementation plans for selected environmental directives, and environment policy documents, implementation plans on environmental impact assessment, the protocol on strategic environmental assessment and the Basel Convention on hazardous waste, environmental monitoring data management and reporting strategy. Legislation on environmental protection of FBiH has to be adopted, and as well in Brčko District the strategy in this field. Air quality planning and monitoring systems need upgrading. A country-wide air monitoring network in not established. The FBiH is implementing the waste management strategy and waste management plan. An implementing legislation for waste from electrical and electronic equipment has been adopted. In Republika Srpska, a new waste management strategy is in preparation and implementing legislation on waste storage, treatment and disposal has been adopted. Promotion of benefits of the recycling and prevention of waste generation remains limited, there is a lack of the capacity to manage industrial and hazardous waste. In Republika Srpska, the strategy for integrated water management for 2015-2024 is awaiting adoption. The water management strategy in the FBiH for 2010-2022 is in the process of being implemented. In the Brčko District the water law transposing the Water Framework Directive is awaiting adoption. An action plan for flood protection and river management in BiH for 2014-2017 has been adopted. A project to draw up flood risk and hazard maps is in preparation. A list of potential Natura 2000 sites and the legislation for alignment with the acquis on protection of wild birds and habitats needs to be adopted. Investments in hydropower projects need to ensure that EIA, water legislation and nature protection obligations are respected, especially in national protected areas and areas of high natural value that could potentially become Natura 2000 sites. Development of the country’s climate policy and strategy is required and needs to be consistent with the EU 2030 framework. Efforts are also needed to integrate climate action into relevant sectorial policies and strategies. BiH submitted in March the First Biennial Update Report on greenhouse gases to the United Nations Framework Convention on Climate Change. Three Nationally Appropriate Mitigation Actions projects were finalised. BiH’s capacities for monitoring, reporting and verification remain weak and must be strengthened. Significant efforts are needed to align with the EU Monitoring Mechanism Regulation and ensure that the country’s capacity to implement the expected 2015 Paris Climate Agreement is enhanced. The administrative capacity in the environment and climate sectors remains weak. No progress has been made on country-wide strategic planning or on a mechanism for comprehensively aligning with EU legislation. Capacity building is required to address the significant needs for greater capacity, cooperation and coordination. Public participation needs to be improved. Further efforts are needed to raise awareness on environmental protection and need for climate action at all levels of the country.

BOSNIA AND HERZEGOVINA AND EU INTEGRATION PROCESS

1997: Regional Approach. The EU establishes political and economic conditionality for the development of bilateral relations
June 1998: the EU-BiH Consultative Task Force (CTF) is established
May 1999: The EU proposes the new Stabilisation and Association Process for five countries of South-Eastern Europe, including BiH
June 2000: The European Council states that all the Stabilisation and Association countries are “potential candidates” for EU membership
November 2000: Zagreb Summit; the SAP is officially endorsed by the EU and the Western Balkan countries (including BiH)
2001: First year of the new CARDS programme, specifically designed for the Stabilisation and Association countries
June 2003: Thessaloniki Summit; the SAP is confirmed as the EU policy for the Western Balkans. The EU perspective for these countries is confirmed
November 2003: The EC produces a Feasibility Study assessing BiH’s capacity to implement a future SAA. The study concludes that negotiations should start once BiH has made progress on 16 key priorities
June 2004: the EU adopts the first European Partnership for BiH (amended in 2006)
October 2005: The EC judges that BiH has made sufficient progress in the implementation of the Feasibility Study reforms and recommends starting SAA negotiations
November 2005: SAA negotiations between the EU and BiH are officially launched
December 2006: SAA Technical negotiations between the EU and BiH are successfully completed. However, the Agreement cannot be initialled and formally concluded due to lack of progress on key reforms
December 2007: Following Commissioner for Enlargement Olli Rehn’s assessment that there is sufficient agreement on reforms among BiH political leaders, the Stabilisation and Association Agreement with Bosnia and Herzegovina is initialled in Sarajevo
1 January 2008: Visa facilitation and readmission agreements enters into force
18 February 2008: A new European Partnership is adopted by the Council
20 February 2008: Bosnia and Herzegovina signed the IPA Framework Agreement
26 May 2008: Visa liberalisation dialogue launched
5 June 2008: European Commission presented the Roadmap setting out benchmarks for visa liberalisation
16 June 2008: European Commission and BiH signed the Stabilisation and Association Agreement and the Interim Agreement on trade and trade-related issues
1 July 2008: Interim Agreement on trade and trade-related issues enters into force
31 July 2008: BiH and the EC signed the Financing Agreement for the Instrument for Pre-accession Assistance (IPA) 2007 National Programme
15 December 2010: Visa free regime introduced for all BiH citizens having biometric passport
1 June 2015: Stabilisation and Association Agreement (SAA) between the EU and BiH enters fully into force
15 February 2016: Bosnia and Herzegovina submits application for EU membership

Top Recommandations

1.
The responsible state public authorities (inspections and local responsible bodies) must be more organized in order to monitor the implementation of the state and local laws and policies. The rule “polluter pays” would bring to the state more budget incomes and the environment would be protected.
2.
The efforts on the Water laws are required in order to implement key directive’s requirements related to the protected areas, and water quality monitoring in order to meet environmental objectives of water protected areas. All this is necessary because of serious problem of the concessions that are given and will be given to the private investors that will use water basins for own purposes for the hydro power plants. These problems will destroy BiH rivers and their ecosystems.
3.
The efforts on fully transposition EIA and SEA are necessary, the Federation of BiH is few steps behind the RS in the SEA transposition. However the implementation is not recorded and the responsible bodies should focus more on the implementation processes. The practice of public participation in decision making process and public information should be more increased.
4.
Implementation of adopted legislation on Renewable energy sources should be supported. Efforts on promotion of benefits and potential of renewable energy are needed. Furthermore, focus should be on exploitation of renewables without impacting the environment of local eco-systems.
5.
The stakeholders must cooperate more, be more involved and respect each other opinion, since they all are concerned about environmental protection. Administrative capacities must be strengthened and the state authorities must cooperate more with CSOs.
6 .

Top Findings

1.
Majority of EU Directives were transposed to the local laws and policies but the serious problem is that those laws are not implemented in practical life. Thus Bosnia and Hercegovina administratively is satisfying approximation process procedures, but in real everyday living the laws and policies are not monitored by responsible bodies (state, district, city/municipality inspections and responsible bodies). The laws are often in shelfs of the institutions and not promoted and implemented as the way of practice to the BiH citizens.
2.
Water law is not fully transposed from EU water Directives. The date of full implementation is foreseen for 2027, and it is not realistic since the most deadlines set up before were not met.
3.
Horizontal legislation of the EU Directives into local laws and policies is not fully transposed. Overall transposition of the EU horizontal legislation remains at the early stage. In the Republika Srpska the SEA Directive 2001/42/EC is fully transposed.
4.
The main legislation regarding Renewable energy sources has been adopted at BiH, Federation of BiH and Republika Srpska level. This legislation includes Laws on renewable energy as well as Action plans for use of renewable energy sources. Implementation of adopted legislation remains at a low level.
5.
Public authorities, CSOs and other relevant public and private bodies as stakeholders of the environmental protection in BiH are not jointly involved and are not cooperating on legislation processes transposition and implementation. The monitoring and the protection of the environment is not at satisfying level.
6.
7.
8.
9.

1. Water Quality & Management

1. River Basin Management

Legislation:

Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010)

Transposition:
Partially transposed

Implementation:

On water quality, the country still lacks a consistent and harmonised countrywide strategy and investment plans on water management that would include implementing legislation and monitoring. There is no water policy for Bosnia and Herzegovina. The sustainability of investments in the supply of water and in the management of urban waste water continues to be an issue. A consistent legal framework needs to be in place addressing water services to provide for sustainable investments. Regarding the growing development of hydropower investments, Bosnia and Herzegovina as a matter of urgency has to better enforce SEA, EIA, nature protection and water-related provisions of the EU acquis in order to adequately address growing environmental concerns. Specific plans for implementing EU legislation on drinking water, urban waste water and flood risk management are still to be adopted. A ‘Roof report on river basin management plans’ needs to be adopted for Bosnia and Herzegovina. An action plan for flood protection and river management in Bosnia and Herzegovina for 2014-2021 is being implemented. Flood hazards and risks are being mapped for the entire country.

Legislation Gaps:

Implementation Gaps:

Lack of institutional systems for tracking the implementation at local levels Lack of the punishment and forcing payment systems

2. Ground and Surface Water Management

Legislation: Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

3. Underground Waters

Legislation: Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

4. Drinking Waters

Legislation: Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

5. Industrial and Agriculture Waters

Legislation: Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

6. Flood Risk Management

Legislation: Water Management Plan for the Sava River Basin in the period 2016-2021, FBiH (May 2018) Law on water management RS (2006; 2009, 2012) Law on water management FBiH (2006) WATER MANAGEMENT STRATEGY OF THE FEDERATION OF BOSNIA AND HERZEGOVINA (2010) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

7. Waste Water Treatment

Legislation:

Federation of BiH: Urban Waste Water Treatment directive 91/271/EEC have been transposed by the Order on conditions for wastewater discharge to natural recipient or to public sewage (Official Gazette of FBiH 4/12) Rulebook on requrements for discharge of waste water into public sewage RS (2001) Republika Srpska: Transposition of the Urban Waste Water Directive 91/271/EEC is considered fairly advanced (2012 and 2001)

Transposition:
Partially transposed

Implementation:

Legislation Gaps:

Implementation Gaps:

8. Water Pollution

Legislation: RULEBOOK ON HEALTH SAFETY OF DRINKING WATER RS (2015) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

9. Sea Waters

Legislation: Water Management Plan for the Adriatic River Basin District in FBiH (2016-2021) Transposition: Partially transposed	Implementation:
Legislation Gaps:	Implementation Gaps:

2. Climate Change

1. Green House Gas Emissions

Legislation:

Bosnia and Herzegovina fulfilled its reporting obligations on pollutants under the scope of the Large Combustion Plants Directive by submitting the relevant information to the European Environment Agency (August 2019))

Transposition:
GHGE monitoring and supporting system status 32%

Implementation:

The level of alignment with the EU climate acquis remains limited. Bosnia and Herzegovina is currently revising its 2013 national climate change adaptation and low emission development strategy covering 2013-2025, which is consistent with the EU 2030 framework on climate and energy policies. Its implementation and integration into all relevant sectors should be a priority. Bosnia and Herzegovina is working on a national adaptation plan (NAP) which will identify the necessary resources and set timelines for implementing climate change-related policies and strategies. The focus will be on sectoral approaches, on aligning with the EU climate acquis and on building institutional capacities in the medium term. The development of an integrated national energy and climate plan (NECP) for Bosnia and Herzegovina, in line with the 2018 Energy Community recommendation and related policy guidelines, is underway. As for the UN Framework Convention on Climate Change (UNFCCC), the fourth national communication and the third biennial update report on greenhouse gas emissions are in preparation. Bosnia and Herzegovina ratified the Paris Agreement in 2017 and should now give priority to implementing its national determined contribution (NDC). NDCs are being revised together with their implementation plan. There is no progress on alignment with the EU climate acquis, which includes the EU Monitoring and Reporting Regulation, the directives on fuel quality, ozone depleting substances, fluorinated gases, carbon capture and storage and other relevant legislation. Ratification of the Kigali amendment to the Montreal Protocol on substances that deplete the ozone layer is pending. To progress in aligning with the EU climate acquis and its implementation, Bosnia and Herzegovina needs to move away from a project-based approach. The country’s administrative capacities should be significantly reinforced at all levels of government, covering all relevant sectors to ensure meaningful implementation of the required measures.

Legislation Gaps:

Implementation Gaps:

2. Paris Agreement & Adhering Conventions

Legislation: As a non-Annex I party to the United Nations Framework Convention on Climate Change (UNFCCC), BiH ratified the Paris Agreement (March 2017)	Implementation:
Legislation Gaps:	Implementation Gaps:

3. National and Local Action Plans/ Strategies

Legislation: Framework energy strategy until 2035 adopted at BiH level by the Council of Ministers (August 2018)	Implementation:
Legislation Gaps:	Implementation Gaps:

4. Mitigation and Adaption Measures

Legislation: National Energy and Climate Plans (Draft under preparation). Bosnia and Herzegovina officially launched a national working group to work on its NECP. The national working group is meeting regularly (since February 2019) Transposition: Status 41%	Implementation:
Legislation Gaps:	Implementation Gaps:

3. Horizontal Legislation

1. Public Access to Environmental Inform.

Legislation:

BiH is signatory to the Aarhus Convention of 15 September 2008 (Official Gazette of BiH Treaties 8/08)

Implementation:

Horizontal legislation to a limited extent is aligned with the EU acquis. Bosnia and Herzegovina needs to align with the EU environmental acquis at all levels of government in a harmonised and coordinated manner and strengthen administrative capacities for efficient implementation. The countrywide environment approximation strategy adopted in 2017, and supplemented by more specific environmental approximation programmes for the entities and the Brčko District, needs to be updated and fully implemented. The plan for implementing and monitoring this strategy remains to be adopted. The sub-sector strategies at state and entity level, which are few in number, broadly remain non-harmonised between the entities for the respective areas covered, leaving the environment sector unevenly covered across the country. The countrywide environmental protection strategy for Bosnia and Herzegovina is now being developed. This will encompass sub-sector strategies for waste and water management, air quality and nature protection. The provisions of the environmental impact assessment (EIA) and strategic environmental assessment (SEA) have not been fully transposed in the legislation at entity level. Considerably stronger enforcement of SEA and EIA is needed to ensure that environmental concerns are adequately addressed when planning investments. The country remains without a standardised system or methods for gathering, transferring and reporting environmental data. A draft strategy also remains to be adopted to monitor the management and reporting of environmental data. There has been no progress in improving the public’s access to information and its participation in the decision-making process. The legal framework regulating environmental inspections needs to be improved in line with the relevant EU acquis, and implementation needs to be enforced. Capacities need to be considerably strengthened. There has been no progress in aligning with a number of horizontal environmental directives such as the Directive on Environmental Liability, the Directive on Infrastructure for Spatial Information in the European Community (INSPIRE) and the Directive on Environmental Crime. The procedure for appointing national focal points for Bosnia and Herzegovina and for determining their functions concerning the implementation of environmental conventions to which the country is a signatory party, remains to be formalised and systematised.

Legislation Gaps:

Implementation Gaps:

2. Public Participation

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

3. Environmental Impact Assessment

Legislation:

New legislation to transpose of the amendments introduced by Directive 2014/52/EU and for further alignment with the Strategic Environmental Assessment Directive is in the adoption procedure. Further improvements of the Law on Environmental Protection are necessary in order to fully transpose the amendments to the EIA Directive. Challenges related to the environmental assessments of planned hydropower projects should be assessed with the support of the Policy Guidelines 02/2020-ECS on the development of small hydropower projects. Regarding the growing development of hydropower investments, Bosnia and Herzegovina as a matter of urgency has to better enforce SEA, EIA, nature protection and water-related provisions of the EU acquis in order to adequately address growing environmental concerns.

Transposition:
Status of EIA and SEA 43%

Implementation:

Legislation Gaps:

Implementation Gaps:

4. Strategic Environmental Assessment

Legislation:

Implementation:

Legislation Gaps:

Implementation Gaps:

5. Environmental Liability

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

6. Environmental Protection / Mitigation

Legislation:

Law on Environmental Protection FBiH (March 2021 adopted) Law on Environmental Protection RS (2012; 2015) Law on Environmental Protection Fund of RS (2011, 2014, 2016) The environmental protection strategy of BD BiH 2016-2026 (2016) Law on Nature Protection FBiH (Official Gazette 66/13) Law on Nature Protection RS (2014)

Implementation:

In Federation of Bosnia and Herzegovina, the new Law on Environmental Protection was in parliamentary adoption procedure. It is foreseen that the relevant by-laws will follow. the Law finally entered into force in March 2021. Amendments to the Law on Environmental Protection were also adopted by the National Assembly of Republika Srpska. In both entities, the new legislation should further align the provisions with the Strategic Environmental Assessment Directive and transpose the amending provisions of Directive 2014/52/EU.

Legislation Gaps:

Implementation Gaps:

4. Air Quality

1. Ambient and Urban Air Quality Framework

Legislation:

Law on Air protection RS (2011, 2017)

Transposition:
Alignment with the EU acquis on air quality remains limited.

Implementation:

Alignment with the EU acquis on air quality remains limited. A well-functioning countrywide air quality monitoring network still needs to be established together with the programme for air quality improvement. Air quality plans for areas where levels of pollutants exceed limit values still need to be adopted. Air quality management needs to be addressed in a harmonised and consistent countrywide manner to efficiently combat air pollution and reduce as quickly as possible the levels of pollution in exceedance of the limit values in a number of cities. Progress is needed also in addressing national emissions of main pollutants and establishing national emission inventories and reporting. Bosnia and Herzegovina should develop a national strategy towards decarbonisation and cleaner energy production. No progress has been made in aligning with the EU acquis when it comes to reducing the sulphur content of certain liquid fuels (the limiting value for the sulphur content of heavy fuel oil being 1%). The country remains in serious and persistent breach of the Energy Community Treaty as stipulated in the Decision of the Energy Community Ministerial Council from 2018. There has been no progress on alignment with EU legislation on volatile organic compounds (VOC). There are no accredited bodies in Bosnia and Herzegovina for monitoring VOC emissions. Main emission sources in Bosnia and Herzegovina are the coal-power plants, industry, household heating and transport. In its Nationally Determined Contribution (NDC) under the Paris Agreement, Bosnia and Herzegovina aims to achieve emission reductions of 2% by 2030, compared to the business-as-usual scenario. This would mean 18% higher emissions compared to 1990. The NDC is currently being updated. Work on the Fourth National Communication and the third Biennial Update Report to the UNFCCC has been ongoing since 2018. Rules on the development of GHG emission inventories are primarily stipulated by the air protection laws of the two entities. They are not yet in line with the requirements of Monitoring Mechanism Regulation (EU) 525/2013. The country should strengthen institutional capacities and formally define competences and responsibilities in this area. This includes the establishment of a GHG inventory system at national level. As a base for a future Long-term Strategy, the first draft strategy and roadmap with an action plan for the period 2020 - 2030 was developed in 2020. The adoption of the strategy is envisaged only by April 2022. Bosnia and Herzegovina has launched a national working group for developing the National Energy and Climate Plan (NECP). Most of the relevant institutional representatives have been nominated for all five thematic working groups. The legal basis needed for the NECP and entity energy and climate plans adoption is supposed to be defined by the two energy ministries of the entities and at state level. In parallel with the NECP, entity energy and climate plans will be developed. It is strongly recommended that the processes for the development of entity and integrated NECPs are streamlined. For the preparation of the analytical basis of the NECP, the Government of Bosnia and Herzegovina relies on international donors and external experts. While drafting has started, the Secretariat has not yet received the draft NECP.

Legislation Gaps:

Implementation Gaps:

2. Emissions form Waste

Legislation: Ministry of Spatial Planning, Civil Engineering and Ecology of Republika Srpska submitted to the Ministry of Foreign Trade and Economic Relations an amended Rulebook on Measures to Prevent and Reduce Air Pollution and Improve Air Quality (December 2017)	Implementation:
Legislation Gaps:	Implementation Gaps: Bosnia and Herzegovina still needs to define the system for GHG emission data collection and processing, quality assurance and control of input data, a reporting and monitoring system and the national legislation defining systems for policies, measures and projection.

3. Emissions from Transport Sector

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

4. Emissions from Industry and Agriculture

Legislation:

Large Combustion Plants / Industrial Emissions Directive - Further alignment with Directive 2001/80/EC on Large Combustion Plants and the provisions of the Directive 2010/75/EU on Industrial Emissions is foreseen with the new Laws on Environmental Protection and on Air Protection in the Federation of Bosnia and Herzegovina, which are in parliamentary procedure. Three plants are being opted out, meaning that they can only remain in operation for not more than 20.000 operational hours until December 2023. Based on the current load factor, two plants are expected to reach the limit earlier than the provisioned deadline. The 2019 emissions from large combustion plants under the NERP show compliance with the ceiling for nitrogen oxides, while the ceilings of sulphur dioxide and dust are not complied with. The serious non-compliance with the ceiling on sulphur dioxide elevates the urgent need to secure sufficient financing for proper implementation of the National Emission Reduction Plan.

Implementation:

Legislation Gaps:

Implementation Gaps:

5. Emissions from Housing Sector

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

5. Waste Management

1. Waste Framework

Legislation:

Draft of the Waste management plan of Republika Srpska (September 2019) Law on packaging waste RS (2018) Law on packaging waste FBiH (2011, 2013) Law on waste management RS (2013; 2015; 2018) Law on waste management FBiH (2003; 2009; 2017) Law on nuclear waste (2009)

Implementation:

A consistent countrywide strategy for waste management has yet to be developed. Due to its administrative order, Bosnia and Herzegovina needs to ensure a coordinated and harmonised countrywide approach in dealing with waste management. This needs to be reflected both in the legislative framework and its strategic approach. The environmental protection strategy that is under development could provide for this. Bosnia and Herzegovina needs to align with the Landfill Directive, including by adopting a directive specific implementation plan and by closing down or rehabilitating non-compliant landfills. Substantial efforts and awareness-raising measures are required to reduce waste generation and promote reuse and recycling. Alignment is required with the EU acquis on sewage sludge, batteries, packaging, polychlorinated biphenyls/ polychlorinated terphenyls and end-of-life vehicles. Waste management Strategy of Republika Srpska is adopted for period 2017 – 2026. In Federation of BiH, the Law on environmental protection was adopted by Parliament at the end of 2019, and still waiting for approval of House of People. Thus, the Plan of FBiH for waste management is not updated, and the “old” version is adopted for period 2012 – 2017. In the Federation entity, cantons are obliged to develop and subsequently implement their own cantonal waste management plans (7 out of 10 have done so). In terms of the legislative framework, waste management is implemented primarily through entities and Brčko District laws on waste management. In the Federation entity, waste management is a shared responsibility with cantons. Some of the cantons have their own legislation on waste management. Due to the administrative order of Bosnia and Herzegovina, the country needs to ensure a coordinated and harmonised countrywide approach in dealing with waste management. This needs to be reflected both in the legislative framework and its strategic approach. Insufficient human and financial resources hamper the development of legislation and its implementation. Bosnia and Herzegovina needs to align with the EU acquis on sewage sludge, batteries, packaging, polychlorinated biphenyls/polychlorinated terphenyls and end-of-life vehicles. It also needs to align with the Landfill Directive, adopt a respective Directive Specific Implementation Plan and close or rehabilitate non-compliant landfills. Substantial efforts and awareness raising measures are required to reduce waste generation and promote reuse and recycling. In BiH the legislation in force is the Decision on requirements for transboundary transport of hazardous waste in accordance with the Convention on Transboundary Movement of Hazardous Waste and its Disposal. Decision was adopted by the Council of Ministers on 22nd of September 2016. According to statistical data, there are 91 landfills in BiH. Sanitary landfills are located in Sarajevo, Banja Luka, Bijeljina, Tuzla and Zenica. There is no landfill tipping fee or tax, which means there is no incentive to reduce the waste sent to landfill or for the establishment of alternative waste treatment options, such as recycling. This also means that the cost of waste disposal and the environmental impacts are not covered by the system. For the recycling of municipality solid waste just a limited number of activities, involving about 100,000 residents (less than 3% of the population) are in operation. Recyclables separated from the mixed municipal waste amount to approximately less than 5% of the total municipal waste mass where 20-25 % of waste paper, 1% of plastics, and less than 1 % of glass was actually segregated and collected. At least 95% of the collected mixed municipal waste is thus landfilled, mostly at non-sanitary disposal sites. Capacity to manage industrial and hazardous waste remains to be strengthened.

Legislation Gaps:

Implementation Gaps:

Main characteristics of legislation is inducing and ensuring conditions for preventing waste generation, processing of waste for reusing and recycling, separation of useful materials, production of energa and safe disposal.

2. Sewage and Sludge

Legislation: Decree on Requrements for releasing waste waters into environment and public sewage system FBiH (2015, 2016) Rulebook on requrements for discharge of waste water into public sewage RS (2001)	Implementation:
Legislation Gaps:	Implementation Gaps: The EU list of priority substances for the water policy has been introduces into regulation.

3. Hazardous Waste

Legislation: Decision on requirements for transboundary transport of hazardous waste (September 2016) Basel Convention on control of transboundary movements of hazardous waste ratified in 2000	Implementation:
Legislation Gaps:	Implementation Gaps:

4. Industrial Waste

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps: General provisions in Law on Waste Management

5. Inert Waste

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps: General provisions in Law on Waste Management

6. Electronic Waste

Legislation: Rulebook on electric and electronic waste management FBiH (2012, 2014)	Implementation:
Legislation Gaps:	Implementation Gaps:

Waste Treatment (Incineration, Landfill)

Legislation: Decree on disposal of waste on landfill sites RS (2015) Decree on thermic treatment of waste RS (2017) Rulebook on conditions for operation of waste inceneration plants FBiH (2005, 2012) Transposition: In the BiH Environmental Report UNDP 2012 it ws stated that there is not a single incineration facility for mechanical and biological processing that is functional.	Implementation:
Legislation Gaps:	Implementation Gaps: Law on Air protection of FBiH defines provisions on waste incineration plants

6. Noise & Light Pollution

1. Assessment and Management of Noise

Legislation:

Law on noise protection FBiH (2012) Law on environmental protection (2012, 2015)

Implementation:

Law on noise protection is adopted only in Federation of BiH, while in Republika Srpska “the noise” is regulated within the Law on environmental protection, stating that noise protection should be regulated with specific act, but without specifying the relevant and responsible body for implementation. Significant further efforts are needed to align with the EU acquis on environmental noise.

Legislation Gaps:

Implementation Gaps:

2. National and Local Action Plans/ Strategies

Legislation: Law on noise protection FBiH (2012) Law on environmental protection (2012, 2015)	Implementation:
Legislation Gaps:	Implementation Gaps:

3. Assessment and Management of Lighting Standards

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

4. National and Local Action Plans/ Strategies

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

7. Chemicals and GMO's

1. REACH (Regulation on Registration, Evaluation Authorizations and Restriction of Chemicals

Legislation:

Law on Chemicals (Official Gazette of RS, 25/09) List of substances of concern (Official Gazette of RS, 106/12 and 54/15) Rulebook on conditions for limiting and prohibiting production, marketing and use of chemicals (Official Gazette of RS, 100/10, 63/13 and 33/17) Rulebook on the manner of keeping Inventory of chemicals (Official Gazette of RS, 46/14)

Implementation:

Partial conformity Full conformity Partial conformity Partial conformity

Legislation Gaps:

Implementation Gaps:

On chemicals, Bosnia and Herzegovina’s alignment with the EU REACH Regulation concerning the registration, evaluation, authorisation and restriction of chemicals is uneven. It requires harmonisation at all levels of government and strengthening the administrative capacities necessary for its effective implementation. The EU Regulation on Classification, Labelling and Packaging of substances and mixtures (CLP) needs to be implemented. Relevant bodies responsible for receiving information to formulate preventative and curative measures should be appointed. Bosnia and Herzegovina needs to align with EU legislation on asbestos and on the protection of animals used for scientific purposes. Bosnia and Herzegovina, as a party to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, needs to progress with its implementation. Progress is required in acceding to the Minamata Convention.

2. Plant protection products

Legislation: Law on Plant Protection Products of BiH (2004)	Implementation: General provisions in legislation on Waters and Chemicals
Legislation Gaps:	Implementation Gaps:

3. Biocides

Legislation: Law on Biocides (Official Gazette of RS, 37/09) Rulebook on specific requirements regarding classification, packaging, labelling and advertising of biocides (Official Gazette of RS, 10/11) Rulebook on types of biocides (Official Gazette of RS, 3/10)	Implementation: Partial conformity Partial conformity Partial conformity
Legislation Gaps:	Implementation Gaps:

4. Import and Exports of Chemicals

Legislation: Rulebook on prior notice procedure and approval procedure based on prior notice when importing or exporting certain dangerous chemicals and products (Official Gazette of RS, 33/13)	Implementation: Partial conformity
Legislation Gaps:	Implementation Gaps:

5. Persistent Organic Pollutants

Legislation: National Implementation Plan for the Stockholm Convention of BiH (2016)	Implementation: Ratified Stockholm Convention on Persistent Organic pollutants in 2010
Legislation Gaps:	Implementation Gaps:

6. Genetically Modified Organisms

Legislation: Law on food BiH (2004) Law on GMO BiH (2009)	Implementation:
Legislation Gaps:	Implementation Gaps:

7. Food Safety

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

8. Civil and Animal Protection

1. Control of Major Accident Hazards

Legislation: Law on Protection and Rescue in Emergenca Situations RS (2012)	Implementation: BiH ratified Convention on Transboundary Effects of Industrial Hazards in 2012, enforced it in May 2013
Legislation Gaps:	Implementation Gaps:

2. Information about pollution

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

3. Risk and Emergency Management

Legislation: Decree on the red list of protected flora and fauna (Official Gazette of RS, 124/12)	Implementation: Partial conformity, according to the Opinion of the Ministry of Economic Relations and Regional Cooperation number: 17.03-020-2404/12 from 14 December, 2012
Legislation Gaps:	Implementation Gaps:

4. Animal Rights

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

9. Circular Economy

1. Sustainable Resource Management

Legislation:

N/A

Implementation:

The changes in Law remained the same as in 2019. There is no specific term “circular economy” in entities and district laws and policies. In Republika Srpska, it is mentioned in the amendment of the Law on waste management of Republika Srpska (July 2019) – as the EU Directive 2008/98/EZ on waste was changed in 2018. The responsible Ministry incorporated new terms such as reuse of products, green backyards, program of producers extended responsibility, recycling yard, waste management centre and unregulated land field. In the same amendment, the responsibility is set on the local self-government units (cities and municipalities). Duties are specified for: development of separate waste collection systems, arranging ways to collect all types of waste, identifying locations for recycling yards, green yards and landfills, including larger waste collection sites, covering the costs of cleaning and rehabilitation of wild dumps, organizing educational and public awareness raising campaigns on eco-friendly waste management, as well as organizing public cleaning activities.

Legislation Gaps:

Implementation Gaps:

2. Business Operations

Legislation:

N/A

Implementation:

Legislation Gaps:

Implementation Gaps:

3. Societal Behavior

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

10. Energy

1. Renewable Energy Directive

Legislation:

Annual Implementation Report 2018/2019, Energy Community Secretariat (November 2019) Bosnia Herzegovina adopts its Third Progress Report for Bosnia and Herzegovina under Renewable Energy Directive 2009/28/EC (July 2019) Renewable Energy Action Plan of Republika Srpska (Updated October 2018, Adopted March 2016) Renewable Energy Action Plan of Federation of Bosnia and Herzegovina (Updated November 2018, Adopted May 2014) Bosnia Herzegovina adopts its First Progress Report for Bosnia and Herzegovina under Renewable Energy Directive 2009/28/EC (November 2017) Secretariat submitted draft amendments to Renewable Energy Laws in force of Republika Srpska and Federation, introducing support schemes for renewable energy in compliance with State aid guidelines (July 2017) Bosnia and Herzegovina adopts National Renewable Action Plan (April 2016) Law on Renewable Energy Sources and Efficient Cogeneration (2013; 2015)

Implementation:

Based on the 2017 Progress Report submitted to the Energy Community Secretariat, the country achieved a 36% share of renewable energy sources (RES) in gross final consumption. The number of reported environmental concerns rose, mainly from the non-governmental sector regarding the development of small, dispersed renewable energy projects and in particular small hydro power plants (HPPs). In June 2020, the Parliament (House of Representatives) of the Federation of Bosnia and Herzegovina has urged in a resolution to ban the further construction of small HPPs in the entity. The Federation government was given three months to analyse related legislation and draft law proposals stipulating the protection of rivers and environment, and to review all previously issued permits for already built small HPPs or those approved for construction. Stricter, more coordinated and harmonised legal frameworks introducing market-based support schemes, efficient investment planning as well as registration of projects are needed to warrant the promotion of RES while ensuring that all environmental concerns are duly addressed.

Legislation Gaps:

Implementation Gaps:

2. Energy Efficiency Directive

Legislation:

Implementation:

Legislation Gaps:

Implementation Gaps:

3. Energy Classification / Performance

Legislation: The Law on Spatial Planning and Construction of Republika Srpska was amended to transpose requirements of articles 4 of Directive 2012/27/EU on energy efficiency (building renovation) (October 2019) Federation adopted the Law on energy efficiency, aiming to implement Energy Services Directive 2006/32/EC (February 2017)	Implementation: Bosnia and Herzegovina submitted its fourth Annual Report under the Energy Efficiency Directive to the Secretariat (August 2020) Status EE targets and policy measures 62%
Legislation Gaps:	Implementation Gaps:

4. Energy Performance of Buildings

Legislation: Rulebook on minimum requirements for energy performance of buildings was adopted in Federation of Bosnia and Herzegovina (November 2019)	Implementation: Efficiency in heating and cooling 24%
Legislation Gaps:	Implementation Gaps:

5. Shift from Fossil to Renewables

Legislation:

Long-term building renovation strategies have been drafted on state and entity levels, together with necessary amendments to primary legislation (so far only adopted in Republika Srpska). Implementation progressed in Federation of Bosnia and Herzegovina with the adoption of rulebooks for energy performance requirements of buildings and regular inspections of heating and air conditioning systems in November 2019.

Implementation:

Status EE in buildings 63% EE financing 65% EE products labeling 27%

Legislation Gaps:

Implementation Gaps:

6. Energy in Mobility and Public Services Sector

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps:

11. Wildlife and Nature Protection

1. Habitat Directives

Legislation:

Strategy for protection of biological diversity in period 2015-2020 and Action Plan for implementation adopted (May 2017)

Implementation:

Legislation that will impose effective measures against the deliberate killing or hunting of wild birds, deliberate destruction or damaging of nests and eggs and/or removal of their nests is still not in place in Federation of Bosnia and Herzegovina. In Republika Srpska, serious efforts must be made for improving the assessment of energy projects that might have significant impacts on protected areas. The Federation lacks the competent bodies and adequate administration capacities necessary for the successful implementation of the measures in the protected areas. The entity has identified these issues in their Strategy and Action Plan for biodiversity protection, covering the period between 2016 and 2020. In Republika Srpska, the 2025 Biodiversity Strategy recognizes the need to establish a national ecological network and an inventory of Natura 2000 areas. However, the number of protected areas as well as the capacity for their management is low.

Legislation Gaps:

Implementation Gaps:

2. Marine Strategy Framework

Legislation:	Implementation: General provisions in legislation on Waters.
Legislation Gaps:	Implementation Gaps:

3. Endangered Species

Legislation: Rulebook on the system of monitoring intentional keeping and killing of protected animals (Official Gazette of RS, 85/05)	Implementation: Has not been subject of alignment
Legislation Gaps:	Implementation Gaps:

4. Protected Areas

Legislation:

Law on Nature protection (2013) Rulebook on the register of protected natural resources (Official Gazette of RS, 83/15) Rulebook on the internal order in the national park (Official Gazette of RS, 83/11) Rulebook on special technical and technological designs that enable unobstructed and safe communication of wildlife (Official Gazette of RS) 66/17)

Transposition:
Status 47%

Implementation:

According to the Opinion of the Ministry of Economic Relations and Regional Cooperation number: 17.03-020-1149/15 from May 20, 2015, it has not been determined that the EU acquis contains sources of relevance for the subject matter of this Rulebook and therefore the conformity assessment reads “not applicable”. Partial conformity, according to the Opinion of the Ministry of Economic Relations and Regional Cooperation number: 17.03-020-1390/17 from 14 June, 2017.

Legislation Gaps:

Implementation Gaps:

5. Biodiversity

Legislation:	Implementation:
Legislation Gaps:	Implementation Gaps: