Republika e Kosovës * Republika Kosova * Republic of Kosova Komisioni i Pavarur për Miniera dhe Minerale Nezavisna Komisija za Rudnike i Minerale Independent Commission for Mines and Minerals Rr. Armend Daci Nr. 1 Prishtinë, Kosovë Kuvendi i Kosovës Tel: +381 (38) 240 252 Skupština Kosova Fax: +381 (38) 245 844 Assembly of Kosovo E-mail: [email protected] Web: www.kosovo-mining.org 1 INDEPENDENT COMMISSION FOR MINES AND MINERALS ANNUAL REPORT 2015 INTRODUCTION Within ninety (90) days from the end of each calendar year, the Independent Commission for Mines and Minerals in accordance with the Law No. 03/L-163 on Mines and Minerals, amended and supplemented by the Law No. 04/L-158 shall prepare and publish in its official web site and submit to the Assembly an annual report: - analysing the condition of the mining industry in Kosovo; and - summarizing all regulatory, investigative and enforcement actions taken by the ICMM during such calendar year; provided however, that such report shall not include any reference to an ongoing investigation to the extent such reference would jeopardize legitimate secrecy concerns with respect to such investigation. The overall purpose of the ICMM function is: to promote the safe, environmentally acceptable exploration, extraction and processing of Minerals by regulating and monitoring persons engaged in the mining industry, to facilitate and sustain greater private sector participation and competition in the mining industry, to maximize the exploration and mining of Minerals, and to regulate the collection, management and archiving of geoscientific data for the economic development for the benefit of Republic of Kosovo. This report presents summarily the work performed based on these goals within a calendar year. Work report contains the work and activity in the area of geology - exploration, mining - exploitation, processing, results achieved during the year, the problems and challenges faced by the regulator during its work, and the objectives set for future. The structure and content of this report compared to the structure of the previous years in general has changed after the recommendations and the cooperation we have had with the Institute for Development Policy (INDEP) and liaison office with independent institutions and agencies in the Assembly of RKS, whose aim has been to harmonize the structure and content of the report to all institutions reporting for their one year work to the Assembly of the Republic of Kosovo. It is the second year for ICMM applying this form of annual reporting. For focused review of the relevant issues, we have organized the report in this way: 1. Executive summary, which describes the whole report and gives a general view of the Institution’s work; 2. Legal basis, in which it listed all the legal basis regulating the functionality of the institution, as well as legal difficulties in implementing its responsibilities; 3. Description of the Institution, which contains, inter alia, mission, vision, purpose and competences of the ICMM, set by the Law of Mines and Minerals, it also describes the main responsible bodies in the work of ICMM. 4. Institutional Organization, is the part where the forms and methods of internal organization are presented in it, in particular, it contains information about the Board, executive and staff of the ICMM in general; 5. Description of the field that the ICMM covers, this chapter gives the description of the scope that it covers, with special importance, comparison of the plans execution, undertaken actions and challenges overcome and planned for the future; 6. Work during the previous year, the specific work are focused that are executed during 2015, as well as how much goals of the previous year have been achieved; 7. Financial report, budget and expenditures for 2015 are presented, disclosed in detail by certain categories and activities; 8. Report on the General Audit’s Office comments, the comments of the GAO and their addressing by the management of ICMM on the previous year’s report are presented in this part of the annual report; and 9. Annexes, is the last part which contains additional data presented in various forms adapted to the nature and access to information or data. It shall be emphasized that the Independent Commission for Mines and Minerals also during 2015 has made maximum commitment to fight illegal operators, who for years are creating big problems to this institution, to those operating legally, environment and budget of Kosovo in particular. More strict measures have been taken in cooperation with the authorities responsible for the seizure of the mechanism by which they carried out illegal operation. 2 INDEPENDENT COMMISSION FOR MINES AND MINERALS ANNUAL REPORT 2015 Also it is worth emphasising that we have had a generous support from the Kosovo Police. Whilst regarding the cooperation with judicial institutions, in terms of efficiency and effectiveness of the proceedings on matters referred by the ICMM, the results are significant. Even this year it has continued the application process of execution procedures to collect the outstanding debts from the category of administrative fines. While we have had unsatisfactory cooperation or lack of support for issues related to mining activity with some of the responsible institutions of central and local level. The Assembly of the Republic of Kosovo has appointed four members of the ICMM Board on 06 May 2015, where this body is completed entirely and at the same time it became operational after a period of 13 months of the lack of quorum decision. The Independent Commission for Mines and Minerals will continue with even more increased intensity during 2016, to support in every aspect all those involved or pretend to deal with the mining industry, and at the same time it will stop, advise and improve all those that are in contradiction with the applicable Law and regulations for the mining sector. We assure you that we will not spare anything for the common benefit of our country! 3 INDEPENDENT COMMISSION FOR MINES AND MINERALS ANNUAL REPORT 2015 CONTENT INTRODUCTION ........................................................................................................................ 2 CONTENT .................................................................................................................................... 4 LIST OF TABLES ........................................................................................................................ 6 LIST OF FIGURES ...................................................................................................................... 8 ABBREVIATIONS: ................................................................................................................... 10 1. EXECUTIVE SUMMARY ................................................................................................. 11 1.1. Establishment ........................................................................................................................... 11 1.2. Achievements ........................................................................................................................... 11 1.3. Objectives ................................................................................................................................. 12 1.4. The challenges in the future ..................................................................................................... 12 2. LEGAL FRAMEWORK ..................................................................................................... 14 2.1. Independent Commission for Mines and Minerals .................................................................. 14 2.2. The difficulties faced by the ICMM during 2015 .................................................................... 14 3. DESCRIPTION OF THE INSTITUTION .......................................................................... 16 3.1. Vision ....................................................................................................................................... 16 3.2. Mission ..................................................................................................................................... 16 3.3. Scope of Independent Commission for Mines and Minerals ................................................... 16 3.4. Powers and Responsibilities of the ICMM ............................................................................... 16 3.5. The main responsibilities for the management of mining activity in the ICMM ..................... 17 4. SCOPE THAT COVERS ICMM ........................................................................................ 18 4.1. Organization, activities, personnel and salary levels ................................................................ 18 4.2. Board ........................................................................................................................................ 18 4.3. Executive .................................................................................................................................. 18 4.4. Human Resources ..................................................................................................................... 20 4.5. ICMM assets ............................................................................................................................ 22 4.6. ICMM’s location and physical space of the building ..............................................................