Prishtina – 17 April 2019
This meeting is organised by the MPA as sponsor of this Law. The Independent Commission for Mines and Minerals, Geological Service of Kosovo and Department of Mines within the Ministry of Economic Devolvement were invited in this meeting.
In the meeting held it was discussed mainly for CHAPTER IV AMENDMENT AND SUPPLEMENT TO THE LAW NO. 03/L-163 ON MINES AND MINERALS; LAW NO. 04/L-158 ON AMENDING AND SUPPLEMENTING THE LAW ON MINES AND MINERALS AND THE LAW NO. 06/L-039 ON GEOLOGICAL SERVICE OF KOSOVO.
Present were officials of MPA, the European Commission Office, SIGMA, the Ministry of Economic Development, representatives of the US Embassy and representatives of Civil Society and media.
The ICMM has received the “DRAFT LAW ON AMENDING AND SUPPLEMENTING THE LAW RELATED TO THE RATIONALIZATION AND ESTABLISHMENT OF ACCOUNTABILITY LINES OF INDEPENDENT AGENCIES“ for comments where among other things it is included as well the dissolution of the ICMM, in chapter IV “Amendment and Supplement to the Law No. 03/L-163 on Mines and Minerals; Law No. 04/L-158 on Amending and Supplementing the Law on Mines and Minerals and the Law No. 06/L-039 on Geological Service of Kosovo”.
The ICMM has analysed this draft Law and it opposes the whole inclusion in this Law and it considers that inclusion of the ICMM in this Law is in contradiction as well with the base Law the Law No. 06/L-113 on Organization and Functioning of State Administration and Independent Agencies.
This draft law has foreseen the ICMM to be merged within the Geological Service of Kosovo. It shall be emphasised that the Assembly of the Republic of Kosovo has approved the Mining Strategy since 2012 and it has term until 2025, where it is mentioned expressively that the mining sector in the country will be developed in compliance with international standard and attempt to merge the ICMM and GSK infringes the principles approved in Mining Strategy and it is expressively in contradiction to all international standards for functioning and management of mining sector.
It is clearly seen that the complier of this draft Law doesn’t have at all acknowledge for functioning of the ICMM in one side and GSK in the other side, mining sector in the country and as well international practices. Kosovo has followed international practices of mining sector management, where there are compiled independently the mining policies (MED), licencing and regulation of mining sector (ICMM) and in the end it has functionalised GSK which has a role to offer the analytic services for geological phenomena and not only in our country, also GSK has for duty to offer services as well for enterprises and third parties. Hereupon, any merger of these three chains of functioning of mining sector in country, expect infringement of essential documents of functioning of sector, is in contradiction as well to the international standards and it expressively directs to non-function of this vital sector for economic development.
It can be seen the unknowledge from complier the functioning of mining sector in the planning that the ICMM to be merged within Geological Service of Kosovo which it has been established in 2014 and it has 21 employees, whereas the ICMM has been established in 2005 and it has 76 employees. Whereas by the Article 26 internal organization of the independent agencies of the Law No. 06/L-113 on Organization and Functioning of State Administration and Independent Agencies, is foreseen that the executive and regulatory agencies that have employed more than 50 employees and are complex they should remain unchanged in internal functioning. It is not practice as well in any of the European state, USA, Australia, Canada etc. that the Licensing and Inspection Authority to be within Geological Service or the opposite of it.
To respect this standard, the Assembly of the Republic of Kosovo has promulgated the Law on establishment of Geological Service in 2014, as a result of this the ICMM has transferred a part of its staff, equipment and all archive of geological explorations in the past to the Geological Service. So, instead to foresee the upgrade of mining sector in this draft Law, it is being tried the opposite of it to return the achievements backward and this sector to be non-functionalized.
The ICMM has carefully analysed the Law No. 06/L-113 on Organization and Functioning of State Administration and Independent Agencies and it considers that the ICMM shall be treated in compliance with the Chapter 4 Independent Agencies; this could be best regulated through:
The new Law on Mines and Minerals who has passed the first reading in the Assembly of the Republic of Kosovo in this legislation and now its approval is in procedure. This law after an analysis and involvement of all interested parties (MED, ICMM, GSK, Civil Society) is sponsored by the Assembly of the Republic of Kosovo. The Law is supported by the civil society, international organisations such as USAID, CLDP, Embassies of different countries in Kosovo, Economic Chambers such as American Chamber, office of the European Commission and from the serious businesses that develop their activity in mining and mineral field. It is foreseen through this law the approximation with the best international practices that they will result in upgrade of functioning the Licencing and supervision of mining sector of the Republic of Kosovo through transparency, eliminate bureaucracy through establishment of “One Stop Shop” and many other advantages
Hereupon, the ICMM through this letter considers that it must not be included at all in the ”DRAFT LAW ON AMENDING AND SUPPLEMENTING THE LAW RELATED TO THE RATIONALIZATION AND ESTABLISHMENT OF ACCOUNTABILITY LINES OF INDEPENDENT AGENCIES”.
“We appeal that the functioning of the mining sector to not be non-functional in the Republic of Kosovo in order to maintain continuity in institutional functioning. This initiative must be stopped and to include in the new Law on Mines and Minerals, the amendment in compliance with Chapter 3 of the Law No. 06/L-113 on Organization and Functioning of State Administration and Independent Agencies” was said among others things in this meeting.
It is worth mentioning that with approximately the same arguments the draft Law apostrophised and sponsored by MPA, was opposed as well from representatives of the Department of Mines within the Ministry of Economic Development and representatives of the Geological Service of Kosovo.
