TFCEE develops and coordinates the activity of bilateral cooperation for environmental protection between the IMELS and local counterparts, trough the support of both Italian and local experts. In the past few years of work it extended the activities in the whole Balkan area and over (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, Romania, Russia, Serbia, Turkey, Ukraine) involving more than 50 collaborators (coordinators, managers, local referents, technical and legal experts). Nowadays it achieved more than 15 Memorandum of Understanding (MoU) with Annexes and it is negotiating further agreements in the field of environmental protection and sustainable development.
Developing CDM Projects in the Western Balkans
Legal and Technical Issues Compared
Springer Editions -ISBN: 978-90-481-3391-8; e-ISBN: 978-90-481-3392-5
This publication arises from the experience of the international cooperation programme of the Italian Ministry for the Environment Land and Sea (IMELS) with the Western Balkan Countries, performed with the legal and technical support of the Task Force for Central and Eastern Europe.
In fact, in the last few years, IMELS signed specific Memorandum of Understanding (MoUs) with the Ministries for the Environment of four Western Balkan Countries, namely the Republic of Albania, the Former Yugoslav Republic of Macedonia (hereinafter Republic of Macedonia), the Republic of Montenegro and the Republic of Serbia, with the main purpose of providing them with legal and technical assistance, through a dedicated Task Force named “Task Force for Central and Eastern Europe”, made of legal and technical experts, engineers and economists, for the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol (KP), as well as for paving the way for the development of the Clean Development Mechanism (CDM) projects in the abovementioned countries.
In this framework, the book analyses the most relevant legal and technical issues related to the establishment of the institutional, regulatory and legislative framework for CDM scouting, assessment and concrete realisation in the Western Balkans.
Hereinafter, a short presentation of the book content and its main purposes is provided. The publication reports on the IMELS cooperation with the Western Balkan Countries involved, both from legal and technical–scientific perspective, with the view to provide a broad picture of all the relevant issues involved in the implementation of the MoUs and of the related climate change and environmental policies. The book, which opens with a brief preface on the Task Force for Central and Eastern Europe mission and achievements by M. Hauser, Director of the Task Force, is divided into two parts. Part I focuses on the Legal Issues on the Kyoto Protocol and its Implementation Experiences in the Western Balkans and is composed of Section I on the Legal Issues on the Kyoto Protocol, CDM and Carbon Market for CERs Transactions, and Section II on the Institutional Aspects of the Kyoto Protocol Implementation: the Establishment of the DNAs in the Western Balkans. Part II deals with the Technical Issues on the Kyoto Protocol and its Implementation Experiences in the Western Balkans, and is divided into Section I on the Technical Issues Related to CDM Implementation and Section II on the Technical Experience on CDM Implementation in the Western Balkans. Part I – Section I analyses the most relevant legal issues related to the Kyoto Protocol implementation, with a particular focus on the current and future regulatory perspectives of the climate change regime and of the CDM, as well as on the structure and purposes of the carbon market for emission credits transactions. Chapter 1, by M. Montini, The Kyoto Protocol in the International Environmental Law Context and the Post-2012 Scenario, critically analyses the development of the international climate change law and policy regime, from its inception to the current legislative and regulatory framework, from the International, EU and Italian perspective, with a view on the possible post-2012 scenarios. Chapter 2, by F. Romanin, An Assessment of CDM: Lessons Learned and the Way Forward, focuses the attention on the current CDM regulatory regime pros and cons, and highlights some interesting options on the future scenarios for the CDM regulation, with the aim to test the opportunities to enhance the potential role of this mechanism for the achievement of the overall objective of sustainable development. Chapter 3, by A. Barreca, Carbon Market and Carbon Contracts for CERs Transactions, analyses the structure, functioning and objectives of the sale and purchase markets, and related legislative and contractual tools, for trading the CERs generated by CDM projects, with the purpose to clarify the existing links between the environmental and the financial dimension of the climate change policy. Part I – Section II, Institutional Aspects of the Kyoto Protocol Implementation: The Establishment of the DNA in the Western Balkans, represents a novelty among the current climate change publications, since it moves from the general context to the practical one, by describing and analysing the IMELS experience of legal assistance to the four Western Balkan Countries in the UNFCCC and KP implementation. It shows some interesting aspects emerged during this cooperation assistance, related to the institutional, administrative and legislative characteristics of the Balkan legal systems, sometimes resulting in barriers to be overcome for the achievement of sustainable development in Albania, Macedonia, Montenegro and Serbia. This Section is made of an introductory article by M. Alberton, The Designated National Authority (DNA): Requirements, Models, Competences, Best Practices, plus four thematic articles, namely: DNAs Experiences in the Western Balkans: the Republic of Albania by A. Barreca, E. Decka; DNAs Experiences in the Western Balkans: the Republic of Macedonia by F. Romanin, J. Brsakoska Bazerkoska; DNAs Experiences in the Western Balkans: the Republic of Montenegro by E. Orlando, O. Kujundzic; DNAs Experiences in the Western Balkans: the Republic of Serbia by A. Rossi, S. Bogdanovic and S. Nojkovic. These thematic articles are reporting on the experience related to the DNA institutional, legislative and capacity building in those countries, in the framework of the implementation of the previously mentioned MoUs of the IMELS. All the four thematic articles of Part I – Section II present a similar structure, insofar they start with a brief overview of the geographical, historical, institutional and political profile of the Country, and then analyse the steps, challenges and barriers faced by each Country for the establishment of its DNA. To this respect, a special attention is dedicated to the analysis of the structure and functioning of each of the four DNAs established in the Western Balkans under the IMELS legal assistance and, most importantly, of the set of rules and procedures developed for the CDM implementation. Part II of the publication, Technical Issues on the Kyoto Protocol and its implementation Experiences in the Western Balkans, analyses the other dimension of the IMELS activities in the Balkans, namely the technical assistance for the DNAs establishment and for CDM implementation. Similarly to Part I, Part II – Section I on the Technical Issues related to CDM implementation analyses some relevant general technical issues, related to CDM implementation, while Section II presents the technical experience gained on the CDM implementation in the four selected Western Balkan countries. More specifically, Section I Chapter 9, The CDM Project Cycle, by R. Vlastelica Sutic, describes the technical aspects of this complex multi-stage process that every CDM project has to follow, namely the CDM project cycle. Chapter 10, The Identification of the CDM Potential in the Western Balkan Countries, by I. Radulovic and T. Kosec, describes the assessment of the general carbon potential by sector as well as of the project based carbon potential in the Western Balkan Countries, conducted by the Italian Task Force in the framework of the definition of the so-called CDM portfolio for each of the four selected countries. Part II – Section II, Technical Experiences on CDM Implementation in the Western Balkans, following the structure of Part I – Section II of the publication, focuses on the technical, rather than legal, aspects of the establishment of the suitable framework to host CDM projects in the Western Balkan area. Mirroring the issues pointed out in the thematic articles of Part I – Section II on the legal dimension related to the DNAs establishment, these chapters describe in particular the actions taken and the challenges experienced by the Task Force experts in Albania, Macedonia, Montenegro and Serbia for the establishment of an effective technical framework for CDM projects implementation. All the four thematic chapters (namely: CDM Projects Experience in Albania by T. Kosec, R. Vlastelica Sutic and I. Radulovic; CDM Projects Experience in Macedonia by L. Kerkez Bubalo; CDM Projects Experience in Montenegro by I. Radulovic and CDM Projects Experience in Serbia by V. Stefanovic and B. Sikirica), describe the activities performed to identify the potential for CDM projects in each of the four selected Western Balkan Countries (the so-called CDM portfolio), taking into account the countries’ specific needs and peculiar features. Moreover, they analyse the main technical and procedural issues and challenges experienced in the development of such projects in the above mentioned countries. Finally, the publication concludes with an assessment of the lessons learned in the establishment of the DNAs in the four selected Western Balkan countries, starting from the assumption that setting-up and making DNAs work is truly the most relevant prerequisite for the concrete implementation of CDM projects. In such a context, the analysis tries to highlight the legal and technical experience gained in the Western Balkan Countries which may be of a paramount importance also outside such a geographical area.
In conclusion, the publication provides an interesting scientific analysis enriched and deepened by the concrete experience gained by the legal and technical experts, and presents the ratio of the political, institutional and regulatory choices made by the Western Balkan countries as well as the achievements of the cooperation programme. At the same time, it points out the ongoing unresolved controversial aspects and the outstanding challenges characterising the implementation of the Kyoto Protocol in Albania, Macedonia, Montenegro and Serbia.
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