KOSOVO LANDFILL MANAGEMENT CORPORATION (KLMC) Opportunity for Private Sector Participation in the Management of four Sanitary Landfills 1 DISCLAIMER This Investment Opportunity (“Opportunity”) document (hereafter referred to as the “Document”) has been prepared by the International Finance Corporation (“IFC”) from information supplied to by the Government of Kosovo (“GoK”), the Privatization Project Implementation Unit, and other Government agencies solely for use by prospective companies considering to participate in the management of the operations of four sanitary landfills in Kosovo, currently operated by the Kosovo Landfill Management Company (‘KLMC”) The Document does not constitute an offer or solicitation of an offer for a management contract, acquisition of a stake or any type of private sector participation, neither does this Document nor shall the information contained herein constitute an offer to invest or participate in the operations of solid waste treatment operations in Kosovo. Information and data contained in the present document may involve significant elements of subjective judgment and analysis, which may or may not be correct. In particular, the document does not contain or purport to contain all the information that a prospective investor may desire for the purpose of evaluating an opportunity to participate in the operations of the four sanitary landfills. In all cases, interested parties should conduct their own investigation and analysis of the Opportunity and of the data set forth in this document. Neither the GoK, KLMC, IFC nor any of their other representatives or agents make any representation (expressed or implied) or warranties as to the accuracy or completeness of the data and information contained in this document and shall have no liability for this document or for any other written or oral communication transmitted to the recipient in the course of the recipient’s evaluation of the investment opportunity. Neither the GoK nor the IFC will be liable to reimburse or compensate the recipient for any costs or expenses incurred by the recipient in evaluating or acting upon this document or otherwise in connection with the participation opportunity as contemplated herein. 2 EXECUTIVE SUMMARY The Government of Kosovo (‘GoK”) has appointed the International Finance Corporation (“IFC”) as its Lead Advisor for the introduction of private sector participation in the operation and management of the four existing sanitary landfills located in Pristina, Gjiliani, Prizren and Podujevo, as well as one transfer station, collectively referred to in following sections as the “landfills”. It is still envisaged at this stage, that the waste collection services will remain the responsibility of the municipalities through, at this point in time the Regional Waste Collection Companies (RWCC). The selection of the operator will be carried out through a competitive tender process. The winning bidder will be expected to improve and maintain the existing solid waste treatment infrastructure of the landfills to meet industry best practices in term of operation and management of sanitary landfills, as well as ensuring sustainability and compliance with current local and EU standards & requirements pertaining to the waste management sector. The Interministrial PPP acting on behalf of the GoK will be the sole counterpart with the Private Operator. The Government is also willing to take on responsibilities for existing pollution in the facilities managed by KLMC. The key data related the landfills and market information include: Population of Kosovo: Population covered by the 4 landfills: 2 207 896 (Statistical Office of Kosovo) Approx 2 million Current waste volume treated: 190,000 tonnes/year Total estimated remaining capacity: Approx 15 years 3 TABLE OF CONTENT 1 2 3 INTRODUCTION ................................................................................................................ 5 1.1 Government of Kosovo Objectives ............................................................................... 5 1.2 IFC support .................................................................................................................. 5 Waste Management Sector Overview ................................................................................. 6 2.1 Sector Overview .......................................................................................................... 6 2.2 Main Stakeholders ....................................................................................................... 7 2.2.1 Ministry of Environment and Spatial Planning – MESP ......................................... 7 2.2.2 Kosovo Environmental Protection Agency – KEPA ............................................... 7 2.2.3 Water and Waste Regulatory Office – WWRO ...................................................... 7 2.2.4 Kosovo Landfill Management Company – KLMC .................................................. 8 2.2.5 Ministry of Economy and Finance (MEF) .............................................................. 8 2.2.6 Local governments – Municipalities ...................................................................... 9 2.2.7 Regional Waste Collection Companies –RWCCs ................................................. 9 2.3 Recent Institutional & Sector Reform ........................................................................... 9 2.4 Waste Characterization ...............................................................................................11 PROJECT FACILITIES ......................................................................................................11 3.1 4 5 Kosovo Landfill Management Company (KLMC) .........................................................11 3.1.1 Prishtina Landfill ..................................................................................................12 3.1.2 Gjilani Landfill ......................................................................................................13 3.1.3 Prizren Landfill .....................................................................................................13 3.1.4 Podujevo Landfill .................................................................................................14 3.1.5 Transfer Station at Ferizaj ....................................................................................14 PROJECT DESCRIPTION .................................................................................................14 4.1 Project Area and Service Site .....................................................................................14 4.2 EXPECTED LIFE SPAN OF FACILITIES....................................................................15 4.3 EXPECTED SCOPE OF SERVICES ............................ Error! Bookmark not defined. 4.4 REVENUE MECHANISMS .........................................................................................17 4.4.1 Disposal Tariff paid by Regional Collection Companies .......................................17 4.4.2 Disposal Tariff paid by Users ...............................................................................17 LEGAL AND REGULATORY FINDINGS AND THE RULE OF LAW ..................................18 5.1 Waste Legislation ......................................................... Error! Bookmark not defined. 5.2 Suitability of Law for PPP’s .........................................................................................18 5.3 Legal & Regulatory Issues ............................................ Error! Bookmark not defined. 5.4 Challenges & Issues to Implementing Sustainable Waste Management in Kosovo Error! Bookmark not defined. 4 6 TENTATIVE TIMETABLE .................................................... Error! Bookmark not defined. 1 INTRODUCTION 1.1 Government of Kosovo Objectives The Republic of Kosovo declared its independence on February 17, 2008. By end of 2010 Kosovo had been recognized by 75 UN countries. Kosovo has become a member of the International Monetary Fund and the World Bank Group and has been granted the status of potential candidate by the European Union (EU). Addressing and resolving the issue of affordable, sustainable, and environmentally secure waste management is a priority for the Government of Kosovo (GoK). A series of important institutional and regulatory reforms have been implemented in the past decade including, among others, the establishment of the Water and Waste Regulatory Office (WWRO) and the creation of the Kosovo Landfill Management Company (KLMC) which is currently managing a large portion of the total volume of the waste disposed in the country. The objective of the project is to introduce private sector participation in the solid waste management sector in order to improve the waste infrastructure and waste services by introducing industry best practices and ensuring sustainability and compliance with international and EU standards in waste management thus preserving, protecting and improving the quality of the environment in the country in compliance with EU and Kosovo legislation. For the GoK, the wider objective of the Project is to assess relevant PPP structures, and after having identified the most economically sound structures, to enter into a PPP with a private sector counterpart. The purpose of entering into a PPP agreement is to: Improve the level of disposal services Increase capacity and efficiency Make optimal capital investments Ensure long-term financial, technical and environmental sustainability of the system, taking into account end-user affordability constrains. 1.2 IFC support Government of Kosovo through the Ministry of Economy and Finance (MEF) has mandated International Finance Corporation (IFC), a member of the World Bank Group as transaction advisor to support private sector participation and to develop and implement a PPP project in the Solid Waste Management (SWM) sector. As Lead Advisor to Governments on PPP transactions, IFC helps define PPP strategy, structure PPP Project, selects and manages external specialized consultants, markets business opportunities to investors and prepares institutional reforms. In Kosovo, IFC mandate will be focusing on: (i) structuring a transaction under a suitable form of Public-Private Partnership (PPP), which will attract private sector participation; and (ii) executing an open, transparent and competitive bidding process to attract the optimal private investor to operate and develop the landfills and transfer station managed by KLMC. The project will be implemented in two phases: the preparation phase and the implementation phase. 5 (i) Preparation Phase – The preparation of the transaction will include a complete technical, legal, environmental, social, economic, and financial assessment; identification of potential investors; the analysis of the various contracting options available for public-private partnership; the identification of key government decisions (including legislative changes) and the design of the transaction structure. (ii) Implementation Phase - The implementation phase of the transaction will include pre-qualification of potential investors, design and oversight of the bidding process, draft and negotiation of transaction documentation, and finally bid award process and financial/contractual closure. The two phases are sequential and the Government through its legal authority – PPP ISC (Public Private Partnership Inter-ministrial Steering Committee), will make the key decisions on the transaction structure, bidding process and transaction documentation by the end of the Preparation Phase. The purpose of this Preliminary Information Memorandum is to provide basic information on the proposed transaction and to solicit interest from prospective investors along with comments and feedback on the possible transaction structure. 2 WASTE MANAGEMENT SECTOR OVERVIEW 2.1 Sector Overview The waste management sector in Kosovo is regulated by the central and local Government through the Waste Law (Nr 02/L-30) and by the Water and Waste Regulatory Office ( Law no.03/L-086) as an independent economic regulator for water and solid waste services in Kosovo. Waste collection services are the responsibility of local government and are provided by the regional waste companies, while waste disposal services are provided mainly by the publicly owned Kosovo Landfill Management Company (KLMC). According to the Law on “Water, Wastewater and Waste Service Providers”, the WWRO is the responsible authority for: (i) licensing waste service providers, (ii) setting (approving) service tariffs for waste services, (iii) setting and monitoring the service standards, (iv) monitoring the performance of service providers, and (v) establishing the relationship between service providers and customers. The Ministry of Economy & Finance (MEF), under the “Law on Publicly Owned Enterprises”, is the sole shareholder, on behalf of the Government of Kosovo and it principal role is to monitor KLMC J.S.C . Ministry of Environment and Spatial Planning – MESP - is responsible for environmental policy, the application of laws and supervision of activities for environmental protection and spatial planning while Municipalities, under the Law on “Local Self-Government in Kosovo”, are responsible for organizing municipal waste management in their respective municipal territories. Municipalities sign a Service Agreement with the relevant publicly owned regional waste collection company that provides services in the area. There are seven such regional waste collection companies (RWCC), owned by the local government, which provide waste collection and transportation services. 6 2.2 Main Stakeholders 2.2.1 Ministry of Environment and Spatial Planning – MESP MESP is responsible for environmental policy, the application of laws and supervision of activities for environmental protection and spatial planning. The MESP carries out the following activities in the waste management sector: - National Waste Management Strategy for waste management - Issues licenses to private operators for waste management and keeps records and registers of such licenses - Approves local plans for waste management - Implements International agreements for waste management - Approves schemes for recovery of administrative costs associated with waste management 2.2.2 Kosovo Environmental Protection Agency – KEPA KEPA is a government institution that engages, through integrated environmental monitoring, efficient system of environmental information and continuous reporting on the environmental situation, to maintain quality of air, water, soil and biodiversity, promote use of renewable energy sources and sustainable use of natural resources in order to ensure a healthy environment for generations present and future in harmony with the progress of economic and social developments. In the waste sector the Kosovo Environmental Protection Agency is responsible for e.g.: - Regional and municipal landfill monitoring - Collecting and processing data for regional and municipal landfills - Collecting and processing data for hazardous and other types of waste - Establishing database and information system for waste management - Drafting reports on the state of waste management, forecasts, and developments in the waste sector - Public information and education 2.2.3 Water and Waste Regulatory Office – WWRO The Water and Waste Regulatory Office (WWRO) is an independent state regulator for water and solid waste services in Kosovo. The role of the WWRO is to ensure non-discrimination and provision of qualitative, efficient, and reliable services at fair and reasonable prices for costumers with respect to the environment and the public health. The WWRO responsibilities are e.g.: - Issuing licenses to public enterprises for the provision of solid waste collection services, and solid waste disposal services - Approval of service tariffs for regulated services, taking into consideration that tariffs should be fair, reasonable, and at the same time securing the financial viability of service providers - Monitor and enforce compliance with and sanctions against failure of service standards for licensed service providers - Establish and support so-called Costumers’ Consultative? 7 - Committees in each service area- seven regions of Kosovo 2.2.4 Kosovo Landfill Management Company – KLMC Is a l public owned enterprise for landfill management. It is the legal licensed operator for sanitary landfills in the Republic of Kosovo. KLMC was established by Kosovo Trust Agency (KTA) as a publicly owned company in the form of JSC under Kosovo jurisdiction. With the new Law on Publicly Owned Enterprises (POE) which establishes a new regulatory framework for central and local PoEs, KLMC is placed under the overall authority of the Government of Kosovo/Ministry of economy and Finance (MEF). The KLMC is responsible for the management of the facilities and for the final disposal of waste in Kosovo, including landfills and transfer stations. Currently, there are four landfills under management of the KLMC (Prizren, Gjilan, Prishtina, and Podujeva), and one transfer station (Ferizaj). The KLMC has responsibility to ensure that landfills are operated safely and efficiently, and that all environmental requirements are complied with. It is also responsible for closure and aftercare of exhausted landfills and for construction of new waste disposal facilities. KLMC is led by the chief executive under the supervision of the Board of Directors. The company comprises 6 members of the Board of Directors and 46 staff. KLMC is responsible for the operation and management of the landfills. In the past KLMC has employed specialist contractors on a short-term contract basis for the operation of the landfills. The primary activities of KLMC are: - Sewage and refuse disposal, sanitation and similar activities. Secondary activities are: - Recycling of non - metal waste and scrap Other activities: - Recycling of metal waste and scrap - Operation of gravel and sand pits - Demolition and wrecking of buildings; earth moving - Other construction work involving special trades - Wholesale of waste and scrap - Wholesale of other machinery for use in industry, trade and navigation - Freight transport by road - Packaging activities - General (overall) public service activities - Other service activities necessary. 2.2.5 Ministry of Economy and Finance (MEF) Under the Law No. 03/L-087 on Publicly Owned Enterprises adopted by the Kosovo Parliament on 13.06.2008 and promulgated by a Presidential Decree on 15.06.2008 clearly defines the lines of authority over POEs, however, the accompanying legal sub-acts (administrative directives and by-laws) foreseen by the law are still not designed. According to the Law on POEs MEF is the legal owner of all Central POEs, (Article 3) including Kosovo Landfills Management Company (KLMC). Being the legal owner of Joint Stock POEs, this ministry can 8 exercise control and decision-making authority over all Central POEs, in line with the OECD Rules on Corporate Governance, including KLMC. 2.2.6 Local governments – Municipalities Municipalities, , are responsible for: preparation of local plans for waste management; compiling reports on waste management for submission to the Ministry, organizing municipal waste management in their territories; taking part in issuing decisions for building waste management facilities; and determining tariffs for municipal waste collection and disposal services for enterprises for waste management. 2.2.7 Regional Waste Collection Companies –RWCCs The waste collection, transport and disposal to the landfills (or the transfer station) are carried out by seven Regional Waste Collection Companies. According to the Law of Public Enterprises (2003), these companies are defined as local public enterprises. The Companies are: Pastrimi (Prishtine Region); Ekoregjioni (Prizren Region); Ambienti (Peje Region); Uniteti (Mitrovicë Region); Çabrati (Gjakove Region); Higjiena (Gjilan Region); and Pastërtia (Ferizaj Region). Each company is owned by one or several Municipalities and ownership allocation is based on the number of costumers that they have. For the services provided these companies collect fees from costumers (households, institutions and business). 2.3 Recent Institutional & Sector Reform Existing Waste & Environmental Legislation Kosovo has a new waste management and environmental legislation harmonized to EU standards. This legislation also adheres to the principles of EU legislations, and has been drafted in cooperation with EU experts. The completion of legal norms for waste management based on EU Directives is a priority of Government of Kosovo (GoK). Main waste and environmental legislation adopted by GoK are: - Law on Waste Nr 02/L-30 - Law on Environmental Assessment Nr03/L-024 - Law on Environmental Protection Nr 03/L-025, - Law on Amending UNMIK Regulation 2004/49 on the Activities of Water, Wastewater and Waste Services Providers 2008/03-L086, and Main policies, strategies and planning documents at a national level are: - National Waste Management Strategy – under final phase of preparation - Kosovo Environmental Strategy – completed and approved on 2003 - Kosovo Environmental Action Plan 2006 – 2010, approved on 2006 Proposed New Waste Legislation The Current Waste Law has been amended and reviewed by GoK and is in process of approval by the parliament of Kosovo. It must be noted that the New Draft essentially consists of the Current Law harmonized with the latest developments in EU legislation on waste such as Directive 2008/98/EC. The New Draft is generally compliant with such EU Directive and that, as such, most amendments made to the Current Law merely reflect the new provisions provided in the Waste 9 Framework Directive. Being generally compliant with the Waste Framework Directive, IFC did not find any new provision in the New Draft which may be detrimental to the Project. 10 2.4 Waste Characterization Waste can be classified in two ways: i) By Source: - Household waste - Commercial waste - Industrial waste ii) By Type of Waste: - Inert waste - Non-hazardous waste - Hazardous waste Municipal solid waste is defined as household waste together with non-hazardous commercial and industrial waste which, because of its nature or composition, is similar to household waste. Waste which is defined as hazardous, according to the European Waste Catalogue, should not be disposed of at any of the facilities which are the subject of this transaction. Municipal solid waste in Kosovo can be broken down into the following waste fractions: Waste composition in Kosovo Waste Fraction Composition of Kosovo Organic waste 35.3% Glass 21% Wood 11% Plastic 9.4% Metal 9.3% Textiles 8.2% Paper 4.6% Hazardous waste 1.2% MSW, 3 PROJECT FACILITIES 3.1 Kosovo Landfill Management Company (KLMC) KLMC was first established as a company within the Kosovo Trust Agency (KTA) in 2004. By the end of 2005, KLMC was incorporated and registered as an independent company. KLMC is responsible for the management of facilities for the final disposal of waste in Kosovo, including Landfills and Transfer Stations. Currently there are four landfills under KLMC management (Prizren, Gjilani, Prishtina and Podujevo) and one transfer station (Ferizaj). All of these facilities have been designed and constructed under a European Agency for Rehabilitation (EAR) Grant1. KLMC is responsible for ensuring that landfills are operated safely and efficiently and that all environmental requirements are complied with. It is also responsible for closure and after care of landfills when their life cycle is completed and for the development of new waste disposal facilities. 1 There are other landfills built without EAR assistance but these landfills fall outside KPA’s and KLMC’s area of responsibility. 11 KLMC comprises 6 members of the Board of Directors and 46 staff, divided as follows: Main office in Prishtina: 14 staff - Landfill Prishtina: 9 staff - Landfill Prizren: 6 staff - Landfill Gjilani: 7 staff - Landfill Podujevo: 4 staff - Transfer Station Ferizaj: 6 staff KLMC is responsible for the operation and management of the landfills. In the past KLMC has employed specialist contractors on a short-term contract basis for the operation of the landfills. 3.1.1 Prishtina Landfill Serves the Municipalities of Prishtina, Lipjan, Drenas, Fushe Kosova and Obiliq. Size of area designated for the landfill: 20 ha Population served: 730.000 Designed life time: 15 years Total capacity: 3.5 million m³ Monthly intake: 6,000 tons The largest landfill facility, Prishtina landfill, was built during the period 2004 to 2006 at a cost of approximately € 3.6 million. The landfill became operational in December 2006. The landfill is located approximately 10 kilometers west of Prishtina within an area owned and operated by KEK, the Kosovo Energy Corporation. The landfill serves a population of approximately 725,000 within the Municipalities of Prishtina, Obiliq, Fushe Kosove and Drenas. The intake of waste at the landfill is currently approximately 6-7,000 tons per month. The yearly intake figures for 2007 and 2008 are 61,664 tons and 80,185 tons, respectively. The Prishtina landfill is located in a worked-out, open lignite mine pit. The current surface area of the landfill is approximately 6-7 ha within a total area designated for the landfill of approximately 20 ha. The landfill was built with a clay liner in order to meet engineered landfill standards. There is no plastic liner (e.g. 2mm HDPE) which would generally be present in a sanitary landfill constructed in full compliance with the EU Landfill Directive, 1999. No gas collection system has been installed. The landfill design includes a leachate collection lagoon (3,000 m3), secured by a plastic liner, from where the leachate is to be re-circulated onto the landfill by means of a pumping system. The natural water table at the current location lies above the bottom of the landfill, causing an influx of water into the lake area adjacent to the landfill (and ultimately into the landfill itself) if it is not pumped away. Provided the pumping system is properly functioning, the landfill area can be kept dry but in the case of failure of the pumping system the water level will rise and interfere with the waste. 12 3.1.2 Gjilani Landfill Serves the Municipalities of Gjilani, Kamenica, Viti, Novoberde, Shtime and Ferizaj (from the middle of 2005). Size of area: 24 ha Population served: 250,000 Designed life time: 15 years Total capacity: 1.2 million m³ (Phase II will double this capacity to 2.4 million m 3. Phase II has not been lined with clay liner) Monthly Capacity: 5.000 tons This regional landfill is located in a small valley just south of Gjilani and it serves a catchment of approximately 245,000 inhabitants within the Municipalities of Gjilani, Kamenice, Viti, Novoberde, Kacanik, Shtime and Ferizaj. It was constructed under an EAR grant of € 2.6 million. The active part of the landfill (i.e. the southern part of the site), covers an area of approximately 6 ha within an overall area of 24 ha. According to the License issued by the WWRO, the Landfill has a total capacity of 1,200,000 m3 and a monthly intake capacity of 5,000 tons. Gjilani landfill began operation (i.e. receipt of waste) in June 2003. The active area is lined with a clay liner in order to meet engineered landfill standards. The design includes a leachate collection lagoon (4,000 m3), in two parts, each of which is lined with plastic (i.e. HDPE) liner, from where the leachate is to be re-circulated onto the landfill by means of a pumping system. As part of the initial construction some landfill gas control measures were installed. This consisted of perforated HDPE pipes installed within a large steel pipe with gravel surrounding the smaller HDPE pipe. The intake of waste at the landfill is currently approximately 3-4,000 tons per month. The yearly intake figures for 2007 and 2008 are 49,940 tons and 52,121 tons, respectively. 3.1.3 Prizren Landfill Serves the Municipalities of Prizren, Suhareka, Rahovec and Malisheva. Size of area: 25 ha Population: 320,000 Designed life time: 15 years Total capacity: 2.6 million m³ Monthly capacity: 3,500,000 tons This regional landfill is located close to the town of Prizren and it serves a catchment of approximately 317,000 inhabitants in the Municipalities of Prizren, Rahovec, Malisheve and Suhareke. It was constructed under an EAR grant of € 2.6 million. Prizren Sanitary Landfill began operation (the receipt of waste) in the middle of 2004. The landfill covers a surface area of 24 ha. The active area is lined with a clay liner and a HDPE liner in order to meet sanitary landfill standards. Some small sections of the HDPE liner have been cut away and removed. Leachate is collected and conveyed by gravity to a leachate lagoon (3,000 m3). 13 3.1.4 Podujevo Landfill Serves Podujevo Region Size of area: 5 ha Population served: 130,000 Life time: 15 year Total capacity: 1 million m³ Monthly capacity: 700 tons This municipal/regional landfill is located close proximity to the town of Podujevo and it serves a catchment of approximately 131,300 inhabitants within the localities of Podujevo. It covers a surface area of 5 ha. The landfill has a total capacity of 950,000 m3 and a monthly capacity of 700 tons. Podujevo Landfill began operation (i.e. receipt of waste) in July of 2004. The landfill is lined with a clay liner only in order to meet engineered landfill standards. The landfill design includes a leachate collection lagoon (2,000 m3), which is lined with plastic (i.e. HDPE) liner, from where the leachate is to be re-circulated onto the landfill by means of a pumping system. One of the generators for the leachate recirculation pumps is not functional. 3.1.5 Transfer Station at Ferizaj The Transfer Station at Ferizaj has been in operation since 2004. It was constructed under an EAR grant of € 900,000.The Municipalities of Ferizaj, Shtime, Kacanik and Hani i Elazit use the facility. The population served is 210,120 (Table 21, KEPA, 2009). In 2008, the facility handled 19,951 tons of MSW. Waste is typically delivered to the transfer station by compaction trucks with a capacity of 3-4 tons. Waste is unloaded to the concrete slap and from there loaded into containers by use of a Front-End-Loader. Each container has a capacity of 15 - 20 tons, and the truck used to transport the containers to Gjilani landfill can carry two containers. The round trip from Ferizaj Transfer Station to Gjilani Landfill takes approximately 4 hours. The facility can handle up to 140 tons per day. The License states that the facility will service a population of 150,000 inhabitants with a total capacity of 50,000 tons/year and a monthly capacity of 1,800 tons. 4 PROJECT DESCRIPTION 4.1 Project Area and Service Site KLMC owns four landfills and one transfer station in the Eastern and Southern part of the country. In Northern and Western part two more landfills and one dumpsite are managed by the municipalities or regional waste companies. KLMC through its facilities manages 80% of the total volume of waste disposed across Kosovo, with improved services there is significant room for increase in the volume of waste disposal. Kosovo waste management system is in a unsatisfactiory condition due to the lack of maintenance and inadequate management during the last years. The solid waste sector in Kosovo is characterized by low levels of efficiency, hence large potential for growth, limited private sector involvement in collection, management, and disposal, underinvestment in capital projects and technology, and limited competition. 14 There is an immediate need for proper operation of the landfills under acceptable environmental and technical standards and methods. The Waste Disposal infrastructure, even though recently built by the European Agency for Reconstruction with EU funding and under EC standards, is currently not in a very good shape. Mismanagement and bad operational practice have deteriorated the technical conditions of the landfills in a very short period of time. There is an immediate need to rehabilitate the existing facilities, in particular three landfills in Pristina, Gjilani and Prizren. Almost all (90 %) of Kosovo’s urban population have organized waste collection. Only 10% of rural communities have organized waste collection. 4.2 EXPECTED LIFE SPAN OF FACILITIES The total quantity of waste actually delivered to the landfills varied from 150,600 tons in 2008 to 176,743 tons in 2009. The table below shows the current amounts of waste deposited on the 4 landfills, based on the average monthly intake per landfill. Landfill Prishtina Gjilan Prizren Podujevo Total Amounts of waste deposited at KLMC’s landfills Monthly Months of Total current amount intake Operation of waste in landfills (tons) (tons) 6,000 44 264,000 5,000 86 430,000 3,500 73 255,500 700 73 510,100 15,200 1,459,600 The waste generation in Kosovo will increase by approximately 60% over the 25 year period mainly due to the increase in GDP. The waste amount for land filing will increase by approximately 30% over the same period. It is concluded that the remaining capacity of all the existing landfills is sufficient to receive the projected waste amounts for a period of more than 15 years taking into account all the following factors: - Growth in population Growth in waste generation per capita per day due to development in GDP Improvement of collection coverage Improvement of collection efficiency A gradual increase in recycling starting from 2016 A gradual Introduction of biological treatment of organic waste from 2021 15 Estimated remaining lifetime of the landfill facilities Prishtina Gjilani (incl. Ferizaj) Phase I Total capacity Cover material allowance Effective capacity Start of operation Time in operation Monthly load Yearly load Yearly load Current amount in the landfill Capacity used (%) Capacity left Remaining lifetime (realistic) Prizren (incl. Djakova) Podujevo 2,600,000 1,000,000 3,500,000 1,200,000 Phase I+ II 2,400,000 350,000 3,150,000 01-122006 month 49 tons 6,400 tons 76,800 3 m 128,000 tons 313,600 m3 522,700 % 17 m3 2,627,300 tons 1,970,500 120,000 1,080,000 01-072004 78 3,700 44,400 74,000 288,600 481,000 45 599,000 449,300 240,000 2,160,000 01-072004 78 3,700 44,400 74,000 288,600 481,000 22 1,679,000 1,259,300 260,000 2,340,000 01-092004 76 3,200 38,400 64,000 243,200 405,333 17 1,934,667 1,451,000 100,000 900,000 01-092004 76 300 3,600 6,000 22,800 38,000 4 862,000 646,500 9 19 14 >25 m3 m3 m3 yrs 13 16 4.3 REVENUE MECHANISMS 4.3.1 Transaction Counterpart and Risk Mitigation Measures The PPP Unit acting on behalf of the GoK will be the sole counterpart with the Private Operator. As part of its firm commitment to this transaction, the Government is willing to consider appropriate risk mitigation instruments including payment and waste volume guarantees. 4.3.2 Disposal Tariff paid by Regional Collection Companies The revenues of KLMC are generated by tariffs charged per ton delivered by the regional collectors to the landfills. The tariffs are identical for all regions, and have remained fixed since the middle of 2007. The current disposal tariff is € 5.26 per ton. The minimum costs only for operating the landfills add up to € 6-7 per ton. The government understands that under such circumstance they will have to subsidize the sector and potentially introduce some form of payment guarantee. 4.3.3 Disposal Tariff paid by Users Tariffs for waste collection services are set by the Water and Waste Regulatory Office (WWRO). The tariffs differ according to the type of customer. For household customers the tariff varies across regions from € 3.67 in Prizren to € 4.14 per household/month in Prishtina. Separate tariffs are established for enterprise customers and for institutions. The tariffs for enterprises (collective containers) are higher than the household tariffs, whereby the tariffs for small artisan or service companies or institutions are close to the household tariffs. The tariffs for small and medium commercial and service companies are significantly higher (i.e. roughly by a factor of 2), and tariffs for large commercial, service and production companies are higher still (i.e. approximately by a factor of 4). Services provided for special containers, servicing the enterprises, are specified according to container volume, and are set in Euro per lift. Based upon the WWRO 2009 Annual Report the following can be concluded: - The revenue figures from the Regional Waste Collection Companies (RWCCs) indicate that approximately 90% of the waste is household waste, while the remaining 10% originates from enterprises. - It appears that only 38% of the total populations that belong to the KLMC waste regions are being served. - The RWCCs billed a total amount of € 6.5 million, collected € 3.6 million, and had costs of € 7.3 million. Consequently they had operating losses totaling € 0.8 million. 17 5 LEGAL AND REGULATORY ENVIRONMENT AND THE RULE OF LAW 5.1 Legal Framework Preparation and endorsement of the legal frameworks is constantly progressing. Up to now, the EU legislation is not completely transposed, as amendments and additions are still required. Strategic frameworks for waste management are is still not completed, particularly the national waste management strategy was announced for 2009 and is still under preparation The two main competent authorities in Kosovo that have prepared the legislation related to solid waste management and environment are Ministry of Environment and Spatial Planning (MESP) and Water and Regulatory Office (WWRO). 5.2 Suitability of Law for PPP’s Law on Public-Private-Partnerships (No. 03/L-090, dated 25 June 2009) is applicable to the Project and is flexible enough to allow any type of contracting option (design, rehabilitate, operatetc) for the Project. More info on the PPP law since this is the single piece of legislation where the transaction is based on. 18