The Assembly of the Republic of North Macedonia has adopted a new Law on Control of Industrial Emissions (“Law”), as an important step towards harmonisation of national legislation with European Union standards in the field of environmental protection.
Reinforcement of the “Polluter Pays” Principle
In line with the 2010/75/EU Directive on Industrial Emissions, the new legislation fully embraces the “polluter pays” principle, establishing a solid legal framework that holds polluters accountable for covering the costs associated with removing environmental pollution hazards and restoring the affected environment. The Law aims to regulate industrial activities, tackle pollution at its source, and promote the responsible use of natural resources-all while taking into consideration the economic conditions and local factors where these activities occur.
Comprehensive Approach to the Prevention and Control of Emissions
By introducing a comprehensive approach to the permitting and oversight of industrial installations, the Law sets out clearer and more consistent rules for both large-scale industrial facilities and smaller installations.
Regarding the large industrial installations, the new Law promotes advanced application of the Best Available Techniques (“BAT”) concept, where the national BATs shall be determined in accordance with the List adopted by the European Integrated Pollution Prevention and Control (IPPC) Bureau. In addition, the Law provides more space for the customisation of the requirements included in the environmental permits, based on the specific characteristics of each industrial installation and the state of the environment at the location of the installation.
For smaller-scale installations, the Law reduces administrative barriers in the permitting process and prescribes the establishment of General Binding Environmental Protection Requirements, with local municipalities continuing to serve as permitting authorities. This approach ensures a unified regulatory framework nationwide, customised to the specific nature of each facility’s activities, while fostering a competitive market environment.
The Law also strengthens the framework for monitoring and controlling industrial emissions by clearly defining the responsibilities of both industrial operators and regulatory authorities, creating consistent oversight mechanisms and promoting greater transparency and accountability to safeguard public health and protect the environment.
Two-Year Transitional Period
The application of the Law will commence two years after its entry into force, providing a timeframe for industries, regulatory bodies, and local authorities to adapt their processes, align with the new requirements, and ensure a smooth and effective implementation of the updated regulatory framework.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
By Jane Ilijeski, Senior Associate, Karanovic & Partners
