The project is co-funded by the European Union and national funds of the participating countries
Stimulating green employments: Key points
for cross-border educational and technological
innovation (G.EM.S)
Analysis of regulation obligations for green energies and ecology and navigation of
financial facilitation of investments in ecology protection and green energies (PART-1
Regulation/policy guidelines).
EU policies for environmental protection and
energy
• EU environment policy is based on Articles 11 and 191-193 of the Treaty on the Functioning of
the European Union. Under Article 191, combating climate change is an explicit objective of EU
environmental policy.
• In addition, the reduction of energy consumption is essential to reduce the emissions of harmful
gases as well as the energy costs of consumers.
• The EU Commission proposes to make the energy efficiency targets binding, in order to achieve
a total reduction of 36-39% of energy consumption by 2030, but also to increase the binding
target for renewable energy sources.
Европски зелен договор
• The goal of the European Green Deal is to make Europe the first climate neutral
continent. Decarbonizing the EU’s energy system is therefore critical to reach our
2030 climate objectives (reducing greenhouse gases by at least 55%) and the
EU’s long-term strategy of achieving carbon neutrality by 2050.
EGD focuses on 3 key principles:
1. 1. ensuring a secure and affordable EU energy supply
2. 2. developing a fully integrated, interconnected and
digitalized EU energy market
3. 3. prioritizing energy efficiency, improving the energy
performance of our buildings and developing a power
sector based largely on renewable sources
Strategic Environmental Assessment (SEA)
• SEA refers to a range of “analytical and participatory approaches that aim to integrate
environmental considerations into policies, plans and programmes and evaluate the inter linkages
with economic and social considerations”. SEA is applied at the very earliest stages of decision
making both to help formulate policies, plans and programmes and to assess their potential
development effectiveness and sustainability. This distinguishes SEA from more traditional
environmental assessment tools, such as Environmental Impact Assessment (EIA).
• SEA helps to ensure that the prudent management of natural resources and the environment
provide the foundations for sustainable economic growth which, in turn, support political stability.
SEA can also assist in building stakeholder engagement for improved governance, facilitate trans-
boundary co-operation around shared environmental resources, and contribute to conflict
prevention.
SEA in developing countries
• The environment is now recognized as an integral component of economic development and
societal well-being. Conducting an SEA can assist governments in anticipating how the
implementation of development plans and policies may impact on the environment. SEAs can
be used as tools to ensure that environmental considerations are integrated into policies, plans
and programmes for better development outcomes and can also contribute to the integration of
environmental considerations into key policy documents, such as Poverty Reduction Strategy
Papers (PRSPs), as well as strategies and budgets for key economic sectors.
• Many developing countries have started to legislate for the inclusion of SEAs within their policy
making and planning processes. This is a huge step forward, and will contribute greatly towards
the development of their capacity to carry out SEAs and enshrine environment sustainability
into development plans. SEAs are improving the environmental awareness of key actors, who,
through training in SEA and “learning by doing” are gaining new skills and capacity.
SEA Profile – North Macedonia
• The SEA process in North Macedonia is detailed separately from the country's EIA approach. It
includes a mandatory screening and scoping phase. The assessment process results in a SEA
report which is reviewed. It has to be considered in further planning decisions. Provisions for
monitoring are given. If the planning process is required to be done in two phases (considering a
draft planning phase), the strategic assessment report shall be integral part of the draft planning
document.
SEA Profile – North Macedonia
Screening process
• Screening is a required step in the SEA procedure. The last amendment of the Law on
Environment made the planning authority responsible for deciding whether or not an SEA is
needed. Forms provided by the Ordinance No.122/11 have to be completed by the authority.
They aim to support the screening decision. The planning authority is obliged to send their
decision on whether or not an SEA is performed to the MoEPP. If the Ministry does not agree
with the decision, it will communicate its new decision to the authority.
• North Macedonia has chosen a combined approach of a positive list and case-by-case
screening:
o A separate decree lists the plans, programmes and strategies that should be subject to
SEA, and
o Strategies, plans and programmes that are not on the list, should be subject to SEA in
case of significant impacts on the environment and human life and health. To assist with
this decision, use is made of another decree with specifies screening criteria (similar to
EU Annex II).
SEA Profile – North Macedonia
Timeline Screening and identification of stakeholders
• Timeline for screening is defined in the Law on Environment. After adoption of decision for
perform SEA or not to perform SEA, the body who prepares the plan is obliged to publish the
decision on the website on the Ministry within 5 days. The planning authority has also
obligation to send decision and form within 5 days of adoption of decision to the Ministry. After
receiving of decision and forms, the Ministry has then 15 days to decide whether it agrees with
the decision or not.
• Identification of stakeholders is the responsibility of the body in charge of the plan that is
subject to SEA. A separate decree on participation sets out a series of economic, social and
environmental criteria that can be used to identify the public and government bodies that are
concerned. Note that the application of this decree is not restricted to the SEA process, but
covers participation in environmental regulation and plans and programmes more generally.
SEA Profile – North Macedonia
SEA implementation and content
• The last amendments on the Law on the Environment (No. 51/11) made scoping a mandatory
step of the SEA process. Its Article 65 (par.7) promulgates that when an SEA is founds
necessary, it is obligatory to determine the scope of SEA.
• A separate decree on the content of the SEA report specified that the SEA should contain:
o résumé / an outline of the contents, main objectives of the plan or programme and relationship with
other relevant plans and programmes
o the relevant aspects of the current state of the environment and the likely evolution thereof without
implementation of the plan or programme
o the environmental characteristics of areas likely to be significantly affected
o any existing environmental problems which are relevant to the plan or programme including, in
particular, those relating to any areas of a particular environmental importance, especially from the
aspects of protection of wild birds and habitats
SEA Profile – North Macedonia
SEA implementation and content
o the environmental protection objectives, established at international, Community or Member State
level, which are relevant to the plan or programme and the way those objectives and any
environmental considerations have been taken into account during its preparation
o the likely significant effects on the environment in general, including on issues such as biodiversity,
population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural
heritage including architectural and archaeological heritage, landscape and the interrelationship
between the above factors. These effects include secondary, cumulative, synergetic, short- term,
medium and long- term, permanent and temporary positive and negative effects
o the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse
effects on the environment of implementing the plan or programme
SEA Profile – North Macedonia
SEA implementation and content
o résumé/ an outline of the reasons for selecting the alternatives dealt with, and a description of how the
assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how)
encountered in compiling the required information
o a description of the measures envisaged concerning monitoring in accordance to the law provisions
o a non-technical summary of the information provided points (a) to (i) of paragraph (1) of this article о случаи
кога SEA веќе е применета на плански документ од повисоко ниво, регулативата вели дека
извештајот за стратешката SEA ги содржи информациите што навистина се потребни за
усвојување на планскиот документ од пониско ниво, а кои според сегашните сознанија и методи
на оценката, содржината и деталите на планскиот документ од повисоко ниво, фазата и нивото на
усвојување, придонесуваат за правилна проценка на влијанието на планскиот документ од пониско
ниво врз животната средина за да се избегне дуплирање на проценката.
SEA Profile – North Macedonia
Review process
• According to the law, the Ministry for Environment and Physical Planning shall evaluate the
adequacy of the SEA report. During the participation step, the MoEPP receives the draft SEA at the
same time as it is made available to the public. The MoEPP provides an opinion on the SEA (also
called the first opinion). This assessment shall be published by the state administration responsible
for affairs of the environment on their website (within 5 days from the date when the assessment was
done). Then, after the planning authority has revised the SEA in reaction to the MoEPPs opinion and
opinions received through participation, this revised draft is provided to MoEPP for evaluation (art.
72). Formally, the MoEPP now checks the adequacy of the SEA. For this second step, the MoEPP
can hire a certified expert, but there is limited budget available for this.
• The Ministry for Environment and Physical Planning, and the bodies affected by the implementation
of the planning document, legal and natural persons and the public, may submit their opinion on the
draft planning document and the Environmental Report to the body that prepares the planning
document. In addition, a public hearing should be organized on the SEA and the planning document.
SEA Profile – North Macedonia
Monitoring and evaluation
• The SEA regulation (article 75) states that the body that prepares the planning document shall
also monitor the impact on the environment and on human health caused by the implementation
of the planning documents. The regulation further requires that any other legal and natural
person and associations of citizens in the area of environment shall notify the body of the state
administration responsible for the affairs of the environment on possible negative impact of plan
implementation
• The regulation requires that SEAs are undertaken by certified SEA experts. A committee has
been appointed under the Ministry for Environment and Physical Planning to certify experts and
a public register of certified experts is kept. In 2019 an estimated 40 to 50 experts have been
certified.
SEA Profile – North Macedonia
National detailed regulation
• Law on Environment, articles 65-75 and relevant decrees:
o Decree on public participation during the preparation of legal acts, as well as environmental
plans and programs (Official Gazette No.147/2007)
o Decree on strategies, plans and programmes, including their changes (planning documents),
for which there is an obligatory procedure (SEA procedure ) for assessing their impact on
the environment and on human life and health ( Official Gazette No. 153/2007).
o Decree on the content of Strategic Environment impact Assessment Report (Official
Gazette No. 153/2007)
SEA Profile – North Macedonia
National detailed regulation
o Ordinance on establishment the List with SEA experts , the procedure for carrying out the
SEA expert exam, establishment of the Commission for evaluation of the SEA expert
knowledge (Official Gazette No. 129/2007).
o Decree on the criteria for making a decision on performing strategic assessment of other
strategies, plans and programs which could significantly impact the environment and
human life and health (Official Gazette No. 144/2007).
o Ordinance on the manner of carrying out transboundary consultations (110/10)
o Ordinance on the form, content and the pre-printed form of the decision to perform a
strategic environmental assessment and the pre-printed forms on the need to perform or not
to perform a strategic environmental assessment (Official Gazette No.122/11).
Compliance of the legislation on environment,
climate and energy of RSM and EU
The Law on the Environment was adopted in July 2005 and is the basic law in the area of the
environment. It is based on several directives from the horizontal legislation of the Union,
including:
o Directive 2011/92/EU on environmental impact assessment (EIA)
o Directive 2014/52/EU amending the EIA Directive 2011/92/EU
o Directive 2001/42/EC on strategic environmental assessment (SEA)
o Directive 2003/35/EC on public participation
o Directive 2008/99/EC on environmental crime
o Directive 2004/35/EC on environmental liability
o Directive 2003/4/EC on access to environmental information
Compliance of the legislation on environment,
climate and energy of RSM and EU
The Nature Protection Law regulates the specifics relating to the protection of biological diversity,
the protection of natural heritage in protected areas, and the protection of minerals and fossils. In
the Law on Nature Protection, the legal regulation of the European Union on nature protection has
been transferred, including:
o Directive 92/43/EEC on the conservation of natural habitats and wild flora and fauna and
o Regulation 338/97/EC on the protection of species of wild flora and fauna and regulation of
trade with them,
o Directive on the protection of wild birds 2009/147/EC,
o Regulation 1143/2014/EU on invasive alien species
Compliance of the legislation on environment,
climate and energy of RSM and EU
In the Ambient Air Law, the following have been implemented:
o Directive 2008/50/EC on ambient air quality,
o Directive 2004/107/EC on arsenic, cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons in ambient air,
o Directive on obligations to reduce national emissions of certain atmospheric pollutants (EU)
2016/2284, and others
Compliance of the legislation on environment,
climate and energy of RSM and EU
. In the Law on Waters (and in the by-laws that specify this law) a large number of legal acts from
EU law are transposed that regulate the management of water at the EU level, namely:
o The Water Framework Directive 2000/60/EC
o Directive 98/83/EC on the quality of water intended for human consumption (drinking water)
o Directive 2006/7/EC concerning the quality of bathing water
o Directive 91/676/EEC on the protection of waters against pollution caused by nitrates from
agriculture
o Directive 91/271/EEC concerning the treatment of urban wastewater
Compliance of the legislation on environment,
climate and energy of RSM and EU
o Directive 2007/60/EC on flood risk assessment and management
o Directive 2006/118/EC on groundwater
o Directive 2008/105/EC on environmental quality standards in the area of water
o Directive 2009/90/EC on quality assurance/quality control
o Directive 76/464/EEC on the discharge of hazardous substances into the aquatic environment
in the community.
In the Waste Management Law, the EU legislation of the Framework Directive 75/442/EEC on
waste is partially implemented.
THANK YOU
SEMAK, BITOLA
Klaudija Lutovska
M.Sc in Strategic ManagementGraduated in Industrial
Private consultants
Engineering
SETTIM CONSULTING - SKOPJE
Moskovska str. No. 9, Taftalidze, Skopje
Marija Stevanovska E-mail: [email protected]
M.Sc. Financial management 00 389 (0)78 31 32 98
