ENVIRONMENTAL LEGISLATION APPROXIMATION PROGRESS IN ALBANIA
The history of Albania toward EU integration started in 1991, but year 2004 marked the beginning of approximation of national legislation to the EU one, when the TAIXE program was launched in the regional countries. For more than 11 years Albania has embarked a very important task, which still needs further efforts to fully comply with EU requirements.
In the field of environmental legislations, from 2004 till 2011 have been made efforts to transpose new environmental legislation according to EU requirements, but they were more considered as a temporary step toward the full transposition of EU directives to national legislation. This intermediate phase, which was considered necessary for countries with a history like Albania (till 1992 under the communist regime) lasted till 2009-2010, where also institutions started to be more consolidated and EU requirements were being understood more and more. In this regards, during 2004-2010 attempts, were made to approve new laws on specific issues related to horizontal legislation, but still they did not meet EU criteria. Other environmental fields as water management, climate change, nature protection, waste management were left behind or the new laws and by laws were still far away from what EU requires.
In 2009-2010 started the first project funded by EU Delegation in Albania, called INPAEL, which assisted the Ministry of Environment for the transposition and approximation of national environmental legislation to EU acquis, which lasted till 2011, where important laws regarding horizontal legislation (Environmental protection, Environmental Impact Assessment, Environmental permitting), waste management (the new national strategy and plan on waste management was approved and the new law on integrated waste management) and other by laws were approved in line with EU directives. Given the situation, some of the new laws were given one year and a half time as a transition period until to enter fully into force for implementation.
Following the years another project, SELEA I, funded also by EU Delegation in Albania, continued the job as INPAEL from 2012 till 2014 to assist the Ministry of Environment, marking important steps toward transposition of environmental legislation not only important laws (law on integrated water management, law on air quality, law on strategic environmental assessment etc), but also on producing specific by laws (as the one on treatment of specific waste streams etc). Following the last year, the Ministry of Environment has organized several Public Hearings for new laws and by laws for several chapters of Environmental acquis, especially on waste management, industrial pollution, horizontal legislation etc.
As stated in the last EU Progress Report 2014, there has been little progress in the fields of environment and climate change. Significant further efforts are needed in all areas to strengthen administrative capacity and to ensure proper implementation and enforcement of legislation and its further alignment with the acquis. Waste management is particularly poor and the quality of water and air is low. Overall, resources remain limited and substantial investments are needed. Systematic strategic planning needs to be established. The country needs to put forward by the first quarter of 2015 its intended contribution to the 2015 Climate Agreement. Overall, preparations are at an early stage.
ALBANIA AND EU INTEGRATION PROCESS
1991: Albania and the European Economic Community start their first diplomatic relation
1992: Signature of the Collaboration and Trade Agreement
1997: The Council of General Affairs of EU establishes political and economic criteria for the Balkans
1999: Albania begins the preparation of the feasibility study for the Stabilization and Association Agreement
2000: the feasibility study has been approved therefore Albanian products are allowed to enter the EU. The same year, the European Council of Feiras defines countries of Association and Stabilization Process to be “potential candidate countries” for EU integration.
2001: First year of CARDS program (assistance to the countries of South-Eastern Europe with a view to their participation in the stabilization and association process with the European Union implementation in Albania). During this year, the EU Council of Ministers asked the Commission to start the design of the draft directives for the negotiation of the Stabilization and Association Agreement, and Consultative group EU-Albania was established
2002: The draft directive for negotiation of the SAA was approved marking the beginning of negotiations for signature of SAA for Albania
2003: Stated the First Round of Negotiations for the SAA and it was initialed the Readmission Agreement Albania/EU
2004: EU launched the TAIXE program for countries part of the stabilization process for harmonization of legislation with the EU one. Following that year the European Partnership report was approved by the Council of Europe and Albania was invited to draft a Plan to address priorities of the latest report
2005: The Council of Europe approves the decision for priorities of a Reviews Partnership for Albania, and in Luxemburg the Agreement of Readmission Albania/EU was signed.
2006: The Temporary Agreement between Republic of Albania and European Commission for Trade and Trade Cooperation enters into force
2007: Council of Ministers of Government of Albania approves the National Plan for Implementation SAA for 2007-2012
2008: The SAA was ratified by 25 Member States, and it was initiated the process of visa facilitation between Albania and EU
2009: the SAA entered into force; then the application for EU integration was delivered, which was later that year approved; the EU Parliament approved the report of MEP Tanja Fajon for visa liberalization in the West Balkan Countries. The Country receives the first the European Commission Questionnaire
2010: Entered into force visa liberalization for Albanian citizens travelling to Schengen states
2011: It was approved the Action Plan for fulfillment of recommendations of the European Commission for the application of Albania to enter EU. Following that year, it started the process of Action Plan Revision to fulfill recommendations for the Opinion
2012: the Revised Plan was approved and the European Commission recommended Albania to be granted with “the candidate status”, as long as it approves key measures for the judicial reform and public administration and the rules of Parliament
Based on the progress the country had made, the European Commission recommends the Council to grant Albania the “candidate status”, as long as it continued to take measures and actions to fight against corruption. In the following years (2013-2014) there were developed 4 meetings for the High Level Dialogue between Albania and EU. On 24 of June 2014 Albania was granted the “candidate status” by 28 Member states.
2013: Entry into force of the cross-cutting strategy for the environment 2013-2020 for the Republic of Albania
2016: Paris Climate Agreement was approved in principle. Albanian signed Paris agreement on 22 April 2016 in New York. MFA and MoE started the ratification of Paris agreement.
2018: Full assessment of Chapter 27 of EU environment policy by the government of Albania.
2020: Sofia declaration on the green agenda for the Western Balkans, signed in Sofia during the Sofia Summit held on November 10.
Top Recommandations
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1.
Restructuring of institutional and administration structures (creation and functioning of Technical Secretariat of National Water Council), the progressing work for drafting of management plans for all river basins in compliance with EU Water Directive 2000/60/EC and EU Flooding Directive 2007/60/EC, the establishment of the electronic cadastre for water resources, and the establishment of the asset management system etc.
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2.
Improving capacity of river basin councils and river basin agencies to enable them to enforce legal and regulatory procedures, and ensure a sustainable management of water resources, are some of the immediate steps to be accomplished within a short and mid – term period in water sector management.
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3.
Major efforts are required from MoE finalizing and enabling approval of secondary legislation, preciously DCM “On Water Priority Substances”, DCM “On River Basin Management Plans”, DCM “On Urban Waste Water Treatment”, DCM “On Water Environmental Quality Norms” etc.
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4.
A major concern is the enforcement of environmental permitting by the responsible authorities. Strengthening of capacities is however required to ensure the full implementation of new rules and procedures.
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5.
Adoption and improvement of environmental/energy legislations providing direct or indirect contributions on climate change issues, such as minimising CO2 emissions, or protection from climate change effects, etc. Albania should take mitigation commitments consistent with those of the EU and its Member States for the purpose of the post- 2020 climate agreement.
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6 .
Still a comprehensive country-wide climate policy and strategy is lacking. Significant efforts are still required to enhance the country’s monitoring, reporting and verification capacity.
Top Findings
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1.
The management of water resources to date has proved challenging, failing to ensure their sustainable integrated management, and even less so, to tap into this potential.
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2.
Challenges are numerous: on an institutional level, the competences assigned to the different institutions are often unclear and conflicting, further amplified by insufficient inter-institutional coordination.
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3.
On a legislative level, the process of implementation of the EU Water Directive 2000/60/EC, together with the inventory and assessment mechanisms of the status of water resources, is reported as incomplete.
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4.
In January 2014, the new law on environmental permitting entered in force, laying down the rules for permitting for different categories (Type A, B, C) of operation for certain activities, which pollute the environment in Albania. The actual procedures applied with respect to the EIA and Environmental Permitting is not in line with the newly adopted legislation and therefore not in line with the acquis communautaire.
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5.
Albania is among the most vulnerable countries to climate change due to its steep topography, heavily populated low lying coastal zones, and reliance on water for energy and agriculture. Upstream soil erosion and downstream sedimentation are already causing significant problems with drainage, irrigation and power infrastructure, and flooding. However on the ground nothing has change as much, as the implementation of the laws remains a weak point for the country. Climate awareness at all levels remains low and cooperation between all relevant stakeholders requires further strengthening
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6.
The law and the National Action Plan on renewable enrgy sources are in place
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7.
Despite the positive changes introduced in the legal sector’s framework, administrative capacities in remain weak at all levels, in particular for the monitoring structures as well as at the local level, where the necessary resources to fulfill legal responsibilities are often lacking
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8.
Alignment with the EU legislation on industrial pollution and risk management is still at an early stage
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9.
In the framework of underground water monitoring in Albania, the groundwater monitoring program is implemented in 59 monitoring stations and 23 springs. Complete chemical analyzes were performed
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Legislation:
1. Law no.111/2012 “On Integrated management of Water resources”, which entered into force in December 2013 2. Law no.29/2014 “On the adherence of the Republic of Albania in the amendments of Convent of Helsinki on Rules on the Uses of the Waters of International Rivers” 3. DCM no. 267/ 2014 “On Approval of the list of priority substances in the field of water policies” |
Implementation:
Still the legal framework of water management issues is not yet completed to ensure a full transposition of EU Directive regarding to river basins. This is one of the environmental sectors where very low steps are toward transposing EU legislation. |
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Legislation Gaps:
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Implementation Gaps:
Despite the plentiful stock, the management of water resources to date has proved challenging, failing to ensure their sustainable integrated management, and even less so, to tap into this potential. Challenges are numerous: on an institutional level, the competences assigned to the different institutions are often unclear and conflicting, further amplified by insufficient inter-institutional coordination. On a legislative level, the process of implementation of the EU Water Directive 2000/60/EC, together with the inventory and assessment mechanisms of the status of water resources, is reported as incomplete. Additional improvements in this sector include: restructuring of institutional and administration structures (creation and functioning of Technical Secretariat of National Water Council), the progressing work for drafting of management plans for all river basins in compliance with EU Water Directive 2000/60/EC and EU Flooding Directive 2007/60/EC, the establishment of the electronic cadastre for water resources, and the establishment of the asset management system etc. While establishment of environmental quality norms for surface water resources in compliance with EU Directive, improving capacity of river basin councils and river basin agencies to enable them to enforce legal and regulatory procedures, and ensure a sustainable management of water resources, are some of the immediate steps to be accomplished within a short and mid - term period in water sector management. |
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Legislation:
Law No. 111/2012
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Implementation:
Regarding the directive on the protection of groundwater against pollution and deterioration, the following issues remain in initial stage: -Establishing groundwater threshold values (Art. 3) -Assessing groundwater chemical status (Art. 4) -Establishing a procedure and methodology on identifying and reversing significant and sustained upward trends (Art. 5) -Establishing measures on preventing inputs into groundwater of hazardous substances (Art. 6) -Establishing measures on limiting inputs into groundwater of non-hazardous substances (Art 6) -Establishing an inventory of exemptions referred to in Art 6(3) -NEA, based on the annual contract between National Environmental Agency (NEA) and Albanian Geological Survey (AGS) reports the groundwater chemical status. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 6/2018 |
Implementation:
In the framework of underground water monitoring in Albania, the groundwater monitoring program is implemented in 59 monitoring stations and 23 springs.Complete chemical analyzes were performed in the seven basins, in 59 monitoring wells and 23 major sources of the carbonate aquifer, while micronutrient analyzes were performed in a representative drill for each aquifer. Hydrodynamic monitoring was also performed Monitoring parameters are: pH, temperatures, TOC, PD, nutrients (N, P), heavy metals, basic organic parameters and microbiology. Baseline parameter analyzes, chloride compounds, and PCBs, as well as pesticides and PAHs are included |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 111/2012 |
Implementation:
Regarding the Directive on the quality of water intended for human consumption (“drinking water”) where Art. 6.2 applies & there is a risk that water covered by Art. 6.1 (a) would not comply with the Art. 5 parametric values, MS must ensure that: (a) appropriate measures are taken to reduce/ eliminate the non-compliance risk, such as advising property owners of possible remedial action they can take, and/or other measures, i.e., treatment technologies, are taken to change the water before it is supplied so as to reduce/ eliminate risk of non-compliance after supply; and; (b) consumers concerned are duly informed and advised of any additional remedial action they should take. In this regard, Albania has ratified DCM No. 379 of 25.05.2016 “on the Approval of the Regulation on Drinking Water Quality” |
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Legislation Gaps:
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Implementation Gaps:
Article 7 (3) . The Status of implementation is full on the articles: 1, 3,4,5,6,7,8,9,10,10, but has not been implemented yet. |
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Legislation:
Law No. 111/2012 |
Implementation:
Regarding the Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, no improvements has been done since the ratification of Law No. 111, date 15.12.2012 on “Integrated Water Resources Management’’ as amended by Law No. 6, date 8.2.2018. Chapter I, artic. 4 (84). |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 111/2012 |
Implementation:
Regarding the Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, no improvements has been done since the ratification of Law No. 111, date 15.12.2012 on “Integrated Water Resources Management’’ as amended by Law No. 6, date 8.2.2018. Chapter I, artic. 4 (84). |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 111/2012 |
Implementation:
Regarding the Directive on urban waste water treatment, the responsible institutions haven’t yet focused on the issue as a priority for the implementation of the directive. The institution in charge needs to draw up an action plan, in financial and temporal terms. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 111/2012 |
Implementation:
Regarding the directive on protection of waters against pollution caused by nitrates from agricultural sources, there are yet to be addressed the following issues through a DCM or Ministerial Order: -Identify waters that are, or could be, affected by nitrate pollution. -Establish programmes for monitoring nitrates in freshwaters and ground waters. -Establish programs for monitoring eutrophication in estuaries, coastal waters and marine waters. -Designate vulnerable zones. -Establish Code(s) of good agricultural practice. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 111/2012 |
Implementation:
The Albanian Government transposed the European Union Water Framework Directive into its national legislation with the 2012 Law on Integrated Water Resource Management. The Law has been followed by implementing sub-legal acts and recently amended by Law 6/2018. Although this transposition has addressed much of the Water Framework Directive, it is still incomplete. The law and subsequent by-laws have largely focused on institutional design, but failed to provide the necessary technical specifications related to water management at the river basin level as foreseen in the Water Framework Directive. As a result, there is insufficient guidance to set Environmental Objectives, establish a Programme of Measures to achieve those objectives, create River Basin Management Plans or adequately protect water sources. These gaps could be filled with sub-legal acts that pay attention to the standards set in the Water Framework Directive, in particular its Annexes. This article examines Albania’s Law on Integrated Water Resource Management, its amendments and the subsequent sub-legal acts, comparing it to the requirements of the Water Framework Directive. The article is organized into three parts. |
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Legislation Gaps:
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Implementation Gaps:
test |
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Legislation:
No. 865, date 10.12.2014 |
Implementation:
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Legislation Gaps:
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Implementation Gaps:
Regarding Decision on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 -No CAs have been officially appointed for the implementation of this Decision. -RoA is not addressed by this Decision. -NECP has not been finalized yet. -Lack of the necessary data; -Lack of human capacities; -Lack of financial resources to support outsourcing. Regarding the Regulation on fluorinated greenhouse gases, the is: -Lack of certified physical persons and entrepreneurs; -Lack of training and certification bodies;Lack of certifies physical persons; -The DCM provides clearly the competent authorities in this regard and relevant procedures but the system for the training and certification is not operational. -Lack of legal framework in place; -Lack of training and certification units;No database established by by NEA |
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Legislation:
Law no. 75/2016 |
Implementation:
Albania has ratified both the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol with the status of a Non-Annex 1 Party. In the International Climate Change talks Albania has associated with European Union positions and within the restrictions of being a Non Annex I party committed to implement ‘National Appropriate Mitigation Actions’-NAMAs. Albania’s contribution to the global greenhouse gas emissions is relatively low, estimated at an average of 9,4 million ton/year of CO2 eqv. This is because over 95 percent of Albania’s electricity is produced from hydro sources and high energy intensity industries are no longer operating. Transportation (mobile sources) followed by agriculture and waste sector are the main categories that are found to have significant contribution to the total greenhouse gas emissions for Albania. If no measures to reduce greenhouse (GHG) emissions are taken, the GHG emissions for Albania will increase in the years to come. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Decision No. 466, dated 3.7.2019 |
Implementation:
Regardinig the Decision No 406/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020, Albania is not yet Fully in acord in any of the EU obligations |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
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Implementation:
Climate adaptation was eventually integrated in Albania at the levels of: The policy statement and annual objectives for the Management of Drainage and Irrigation Infrastructure program The annual objective, project, output and activity level for the Water Management program The annual objective for the Agricultural Advisory and Information program The annual objective and at the project level for the Rural Development by Supporting Agriculture, Livestock, Agro-industry and Market program The annual objectives and outputs for Civil Emergencies program The output level of Urban Planning and Housing program The policy statement, objectives and outputs of the Environmental Protection. Other ministries will be involved in the process once the legal framework is completed and capacities are improved in term of planning and programming. The NAP document will serve as a risk-management plan (which includes identification of priority actions and assessment of adaptation) and as the main reference to the budget and policy officers during the revision of MTBP of the respective sectors. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law no. 8672, date 26.10.2000, “On ratification of Aarhus Convention – On Public right to access information, to partecipate in decision-making processes and to access judiciary system for environmental issues” -
2. Law no. 119, date 18.04.2014 “On the right to information” – defines public authorities obligation to guarantee citizens rights to be informed regarding materials, documents or different information produce by public authorities
3. DCM no. 247, date 30.04.2014 “On defining rules, requirements and procedures for information and inclusion of public in environmental decision making”
4. Law no. 146, date 30.10.2014 “On notice and public consultation” – defines public authorities obligation to consult groups of interest during the process of drafting laws, strategies and policies at national and local level. |
Implementation:
The laws being approved lately are not yet completely understood by the government bodies, as you can find several times where institutions are not being updated with the new laws and you end up following the old procedure and when then the new one as they realised it at the end of a process. |
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Legislation Gaps:
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Implementation Gaps:
Regarding the Directive on public access to environmental information: -Gaps have been identified human resources and financial sections. -Human capacities gaps. |
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Legislation:
Decision No.994, dated 02.07.2008 |
Implementation:
Regarding the Directive on providing on public participation in respect of drawing up certain plans and programmes relating to the environment, steps forward have been made in : -Identified the relevant Competent authorities. -Establish a mechanism for providing the public with information . -Establish a mechanism for public consultation. -Establish a mechanism for public comments and opinions to be taken into account in the decision-making process . -Establish reasonable timeframes . -Ensure a control of substantial and procedural legality by judges . -Ensure a standing for the public in administrative and judicial procedures. -Ensure a adequate financial mechanisms to reduce the burden of costs . -What have been achieved as regards: Ensuring access to information as regards access to justice rules available to the public. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
1. Law no. 10440, date 07.07.2011 “On Environmental Impact Assessment” – The aim of the law is to ensure high environmental protection through preventing, minimising and compensating environmental damage from proposed project before their approval for development; and ensuring a transparent process of decision-making, during identification, description and assessment of negative environmental impacts, in the right way and time, through including all interested parties
2. Decision no.13, date 04.012013 “On the approval of rules, responsibilities and timelines for development environmental impact assessment”
3. Law no.11 date 09.03.2015 “On the accession of the Republic of Albania in the Bilateral Agreement of South East European countries for the implementation of the Environmental Impact Assessment for cross border Convent”.
4. Law has been amended with Law no.12 date 18.03.2015, where specifically the role of National Licensing Center has been substituted with the Ministry of Environment
5. Law has been amended with Law no.12 date 18.03.2015, where specifically the role of National Licensing Center has been substituted with the Ministry of Environment
6. Decision of Council of Ministers no. 598, date 01.07.2015 “On defining rules and procedures for cross border Environmental Impact Assessment”
7. Decision of Council of Ministers no. 686, date 29.07.2015 “On approval of rules, responsibilities and deadlines for the development of the EIA procedure and procedure for the transfer of Environmental Statement Decision |
Implementation:
Regarding the Directive on assessment of the effects of certain plans and programmes on the environment, the elements established so far are: -Designating the competent authority/ies for implementation of the directive -Designating the concerned environmental authority/ies -Requiring plans or programmes for which SEA is mandatory under Art. 3.2 to be subject to SEA -Establishing a procedure to determine which plans or programmes require SEA -Establishing a public consultation procedure (Art. 6.2) Is there a possibility of access to justice in relation to this, based on the EU Court of Justice case-law. -Establishing arrangements with neighboring Member States for exchange of information and consultation -Environmental report and the results of consultations being taken into account in the decision making process. -Establishing measures that ensure that environmental reports are of a sufficient quality to meet the requirements of the Directive. -Ensuring that the implementation of plans and programmes is satisfactorily monitored. |
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Legislation Gaps:
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Implementation Gaps:
However despite the improvement of horizontal legislations, the quality of compliance of environmental standards remains a permanent problem in Albania. The Environmental impact assessment processes are not properly carried out, or the quality of assessment and reports are lagging behind. In addition, public access to information and participation in decision-making are still not properly ensured or have weak contributions to the EIA, SEA or Environmental permits. |
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Legislation:
1. Law no. 91 date 28.02.2013 “On Strategic Environmental Assessment”
2. DCM no. 219 date 11.03.2015 “On Defining Rules and procedures for consultation with groups of interests and public, and public hearings during the process of Strategic Environmental Assessment”
3. DCM no. 507 date 10.06.2015 “On Approval of detailed list of plans and programs with negative impacts into the environment that will go under the procedure of environmental impact assessment”
4. DCM no. 620 date 07.07.2015 “On Approval of Rules, Responsibilities and detailed Procedures for Strategic Environmental Assessment for the cross-border context” |
Implementation:
Further by-laws are needed for the whole transposition and establishment of complete legislation framework for strategic environmental assessment. Regarding the Directive on assessment of the effects of certain plans and programmes on the environment, the elements established so far are: -Designating the competent authority/ies for implementation of the directive -Designating the concerned environmental authority/ies -Requiring plans or programmes for which SEA is mandatory under Art. 3.2 to be subject to SEA -Establishing a procedure to determine which plans or programmes require SEA -Establishing a public consultation procedure (Art. 6.2) Is there a possibility of access to justice in relation to this, based on the EU Court of Justice case-law. -Establishing arrangements with neighboring Member States for exchange of information and consultation -Environmental report and the results of consultations being taken into account in the decision making process. -Establishing measures that ensure that environmental reports are of a sufficient quality to meet the requirements of the Directive. -Ensuring that the implementation of plans and programmes is satisfactorily monitored. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 10 431, dated 9.6.2011 |
Implementation:
Regarding the Directive on environmental liability with regard to the prevention and remedying of environmental damage, more effort is necessary in: -How liability will apply in the event of multiple party causation (damage caused by several operators) under Article 9 ELD -Determining the basis for natural and legal persons right to request for action and access to review -Measures to encourage the development of financial security instruments and markets -Measures to ensure co-operation between MS's |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law No. 10 431, dated 9.6.2011 |
Implementation:
Albania adopted on 2020 Order no. 77 on the procedure of submission / receipt of documents and self-monitoring reports, and Deciosion No. 163 for Approval of Special Requirements for the review of applications for type B environmental permits, for existing installations equipped with type C permits, which depending on the production capacity, are classified as type B environmental permits, as well as detailed rules for their review by the NBC. Also, Albania adopted on 2018 the Decision No. 633, on measures against air pollution from emissions of motor vehicles and reduction of emissions into the air of gaseous pollutants and suspended solids from engines with positive ignition and those with compression ignition that burn natural or liquefied gas for use in vehicles |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Law no. 162/2014 |
Implementation:
In 2019 Albania adopted decision no. 412, on the approval of the national plan for air quality management, which is the planning tool by which the Albanian Government aims to implement Directive 2008/50 / EC1 on the assessment and management of ambient air quality, as well as the relevant daughter directives. In accordance with the requirements of law no. 162/2014 "On the protection of ambient air quality". No legislative gap identified. The legal framework is completed by adoption of the Law No.162/2014 “On Protection of Ambient Air Quality” and the DCM No 909, dated 21.12.2016. -The legislation provides deadline to comply, which is December 2026. -Relevant DCM provisions/targets to be included in the requirements of the new environmental permit conditions issued by NEA/REAs for new service stations. -Despite the positive changes introduced in the legal sector’s framework, administrative capacities in remain weak at all levels, in particular for the monitoring structures as well as at the local level, where the necessary resources to fulfill legal responsibilities are often lacking. -The NEA does not have the human resources to check the validity of information provided by the applicant and therefore environmental permits have been and are being issued on the basis of information provided and not verified in any manner shape or form -The NEA have issued environmental permits without accurate data on the issue of emission limit values and self-monitoring requirements, failing to ensure that environmental monitoring conditions in the permit were applied from the existing legal framework -Industrial emissions monitoring is barely enforced, making the control of discharges of polluting substances from industrial installations largely dismissed. -As far as ne of the weakest point is the lack of necessary facilities to support the execution of tasks and responsibilities, SIEFWT should ensure that sufficient quantitative and qualitative resources are available to execute its tasks, including: facilities, materials that are needed for the execution of the inspection, equipment and instruments, administration, maintenance and calibration, etc. |
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Legislation:
Law no. 162/2015 |
Implementation:
The implementation of the legislation on prevention of major accidents involving dangerous chemicals still lags [39]. The national legislation in relation to Volatile Organic Compound (VOC) Protocol and Persistent Organic Pollutant-s Protocol have transposed the (i) Directive 2004/42/EC [43] through the DCM No. 907/2016 [44]; (ii) the Directive 2010/75/EC [28] through the DCM 908/2016 [45]; (iii) the Directive 2009/126/EC [46] through the DCM 909/2016 [47] and (iv) the Directive 94/63/EC [48] though the DCM 1075/2015 [49]. Regarding chemicals, the Law on Chemicals Management No.27 of 17.03.2016 [50] entered into force in March 2018. The National Emissions Ceilings Directive (2016/2284/EC) [51] is still awaiting transposition. Although alignment with the EU acquis is still limited, Albania has made steps in the area of climate change. Some progress was made by ratifying the Kigali Amendment to the Montreal Protocol [39]. A Law for Climate Change is still missing. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Decision no. 412, dated 19.6.2019 |
Implementation:
In 2018 Albania has adopted Decision no. 633, on measures against air pollution from emissions of motor vehicles and reduction of air emissions of gaseous pollutants and suspended solids from engines with positive ignition and those with compression ignition that burn natural gas or liquid for use in vehicles. Albania has adopted the National Strategy for Ambient Air Quality (2014-2024), (DCM no. 594, dated 10.09.2014) which aims to further improve air quality in Albania for a long period and reduce the risk of more serious health effects that relate to pollution and sets out measures to meet air quality objectives. The National Plan for Air Quality Management (DCM no. 412, dated 19.6.2019) is a planning instrument for the implementation of Law no. 162/2014 "On the protection of ambient air quality". This plan aims to reduce emissions from traffic, industrial and diffuse sources, thus aiming to improve air quality in areas where pollution exceeds norms, as well as maintaining air quality in the field. However, air quality plans for areas or agglomerations, short-term action plans and the National Air Pollution Control Program, as required by EU legislation have not been prepared. For this it is very important that air quality monitoring is done according to the three main areas A, B and C. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Decision no. 505, dated 29.8.2018 |
Implementation:
Alignment with the EU legislation on industrial pollution and risk management is still at an early stage. Capacity constraints are hampering progress in implementing legislation on the prevention of major accidents involving dangerous chemicals. The limited data on industrial pollution rely on companies’ self-monitoring and declarations. The enforcement capacity of the Environment Inspectorate is very limited. |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
Decision no. 505, dated 29.8.2019 |
Implementation:
There has been no progress in this area. |
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Legislation:
Law No. 10 431, dated 9.6.2011 |
Implementation:
Albania has adopted the Strategic Policy Document for Integrated Waste Management and Action Plan 2020 - 2035. This document is the main planning document in the field of municipal, non-municipal and hazardous waste management in Albania and covers the period 2020-2035 . This strategic document takes into account the planning and infrastructural developments in the waste sector since 2011, at the central and local government levels, the large involvement of private business and the numerous investments made at the level of waste collection, transfer and especially waste treatment. The revised Strategic Policy Paper of Integrated Waste Management is developed on the vision or perception of the concept "zero waste", that waste is collected and treated as raw materials and management is done in accordance with the concept of circulating economy systems, in service of critical use and conservation of raw material resources. Regarding the directive on waste and repealing certain Directives, the status of implementation is as follows: Not implemented: -Establishing the waste hierarchy (Art 4) -Measures on extended producer responsibility (EPR) (Art 8) Partly implemented -Introducing a waste classification complying with Art 7 and Annex III -Establishment of separate collection schemes (Art 11) -What have been achieved as regards: Measures ensuring environmentally sound waste recovery, including measures to achieve the targets provided in Art 11(2) The following acts have been approved, aiming at waste segregation at source: -DCM no. 418, dated 25.6.2014 “On segregated waste collection at source” -.DCM no. 608, dated 17.9.2014 “On determining the measures required for collection and treatment of bio waste and the criteria and time limits for their reduction” -DCM no. 575, dated 24.6.2015 “On approval of requirements for inert waste management” -DCM no.177, dated 6.3.2012 “On packaging and their waste” -DCM no.866, dated 4.12.2012 “On batteries, accumulators and their waste” -DCM no.705, dated 10.10.2012 “On the management of End of Life Vehicles” Regarding the directive on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture, the status om implementation is as follows: Fully implemented. §Establishing limit values of heavy metals in soil and sludge Art. 4) Early stage §Prohibiting the use of sludge when limit values in soil are exceeded (art. 5) §Prohibiting the use of sludge under specified agricultural conditions (art. 7) §Stablishing rules for the use of sludge (arts. 6 & 8) §Requiring sludge producers to regularly provide users with information (art. 6/b) §Requiring records to be kept and made available to the competent authority/ies (art. 10) §Establishing an effective inspection and enforcement system §Establish reporting and data recording system (Art. 17) |
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Legislation:
Law no. 9115, dated 24.7.2003 |
Implementation:
In our country, a total of 23 urban water treatment plants are planned, of which 10 are in operation, 2 are under construction and 11 others are in the feasibility study phase. When these plants will be operating at full capacity, the amount of dry waste that will come out of urban water treatment will be about 35,000 tons of waste per year. If no measures are taken to treat this dry waste (sludge) by applying recycling methods, it will soon turn into a serious problem. |
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Legislation:
Law no.10 463, dated 22.9.2011 |
Implementation:
Ministry of Infrastructure and Energy has established the Center for Collection and Treatment of Hazardous Chemicals in Elbasan, which has the task of collecting the remaining chemicals from former state-owned enterprises, under the MEI, such as packaging, transport and safe storage . Currently this center is functioning normally and continues to collect chemicals from former companies that are in the process of liquidation, or have been closed. A critical issue is also the burden inherited from previous industrial activity, including uncontrolled dumping of hazardous waste, pollution of environmental hotspots, and storage of unused, obsolete or banned chemicals. |
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Legislation:
Law no.10 463, dated 22.9.2012 |
Implementation:
Albania ratified decision no. 418, dated 27.5.2020 for the approval of the strategic policy document and the national plan for integrated waste management. Thie "Waste from industry and mining" subchapter focuses on all types of industrial and mining waste, except waste from the food industry and the wood industry . The basic law, which regulates the mining activity in Albania and, in particular, mining waste is law no. 10304, dated 15.7.2010, "On the mining sector in the Republic of Albania". Currently, 650 entities are registered, which carry out the activity of extracting minerals from the mine, where the coal, chromium and copper mines stand out. The subchapter identifies the environmental hotspots in Albania the potential amount of waste they have deposited, and the condition faced. |
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Legislation:
Law no.10 463, dated 22.9.2013 |
Implementation:
There has been progress in this erea, since the year 2015 that the government adopted Decree no. 575, dated 24.6.2015, "On the approval of requests for inert waste management". |
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Legislation:
Decision no. 957, dated 19.12.2012 |
Implementation:
Regarding the directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment, the status on implementation is as follows: Not Implemented: §Identifying competent authority/ies. §Deciding on implementation method. §Prohibiting the placing on the market of new eee containing lead, mercury, cadmium, hexavalent .chromium, polybrominated biphenyls (pbb), or polybrominated diphenyl ethers (pbde) unless the application is covered by the exemption pursuant to art. 5 (2). §Establishing an enforcement system including penalties. |
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Legislation:
Law no.10 463, dated 22.9.2011 |
Implementation:
.Regarding the directive on the landfill of waste the status om implementation is as follows: Partially implemented: -Designating the competent authority/ies (Art. 2(p)) -Requiring conditioning plans for existing landfill sites (Art. 14) -Classifying landfill sites (Art. 4) -Establishing the content of applications for landfill permits (Art. 7) -Establishing permit conditions (Arts. 8, 9 & 14) -Establishing waste acceptance procedures (Arts. 5, 6 & 11 and Council Decision 2003/33/EC) -Establishing a costing mechanism (Art. 10) -Establishing monitoring procedures (Art.12) -Establishing an effective inspection and enforcement system. |
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Legislation:
Instruction no. 1037/1, dated 12.4.2011 |
Implementation:
" Regarding the Directive relating to the assessment and management of environmental noise: -There are no structures for noise level certification in the environment; -There are no capacities for preparing noise indicators according to Annex of the Commission Directive (EU) -There are no capacities for preparing noise indicators. -There are not budget foreseen for drawing noise maps and action plans for agglomerations, major roads, major railways and major airports; -There not enough capacities, equipment’s and budget¹ for evaluate noise areas, drawing noise maps and action plans -There are no capacities and budget foreseen for preparing strategic noise maps. -There are not budget foreseen for drawing noise map. -There are only 2 equipments in Institute of Public Health but IPH cannot make this service for all cities in Albania, This service is founding by NEA. -Local governments does have not capacity and budget for drawing noise maps in their territories. -There are no structures for preparation of action plans -The degree of approximation of the legal framework with the EU directives and their involvement specific noise requirements is still low; -There are no structures for preparation af action plans -There are no structures for preparation of noise action plans. -There are no analyses and studies on the concrete measures to be taken with the aim of reducing noise impact on the environment and on people's health;" |
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Legislation:
DCM no. 123, dated 17.2.2011 |
Implementation:
Regarding the Directive relating to the assessment and management of environmental noise: -There are no structures for noise level certification in the environment; -There are no capacities for preparing noise indicators according to Annex of the Commission Directive (EU) -There are no capacities for preparing noise indicators. -There are not budget foreseen for drawing noise maps and action plans for agglomerations, major roads, major railways and major airports; -There not enough capacities, equipment’s and budget¹ for evaluate noise areas, drawing noise maps and action plans -There are no capacities and budget foreseen for preparing strategic noise maps. -There are not budget foreseen for drawing noise map. -There are only 2 equipments in Institute of Public Health but IPH cannot make this service for all cities in Albania, This service is founding by NEA. -Local governments does have not capacity and budget for drawing noise maps in their territories. -There are no structures for preparation of action plans -The degree of approximation of the legal framework with the EU directives and their involvement specific noise requirements is still low; -There are no structures for preparation af action plans -There are no structures for preparation of noise action plans. -There are no analyses and studies on the concrete measures to be taken with the aim of reducing noise impact on the environment and on people's health; |
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Implementation Gaps:
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Legislation:
Decision no. 342, dated 22.5.2019 |
Implementation:
Regarding the Directive relating to the assessment and management of environmental noise: -There are no structures for noise level certification in the environment; -There are no capacities for preparing noise indicators according to Annex of the Commission Directive (EU) -There are no capacities for preparing noise indicators. -There are not budget foreseen for drawing noise maps and action plans for agglomerations, major roads, major railways and major airports; -There not enough capacities, equipment’s and budget¹ for evaluate noise areas, drawing noise maps and action plans -There are no capacities and budget foreseen for preparing strategic noise maps. -There are not budget foreseen for drawing noise map. -There are only 2 equipments in Institute of Public Health but IPH cannot make this service for all cities in Albania, This service is founding by NEA. -Local governments does have not capacity and budget for drawing noise maps in their territories. -There are no structures for preparation of action plans -The degree of approximation of the legal framework with the EU directives and their involvement specific noise requirements is still low; -There are no structures for preparation af action plans -There are no structures for preparation of noise action plans. -There are no analyses and studies on the concrete measures to be taken with the aim of reducing noise impact on the environment and on people's health; |
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Legislation Gaps:
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Implementation Gaps:
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Legislation:
DCM no. 123, dated 17.2.2011 |
Implementation:
Regarding the Directive relating to the assessment and management of environmental noise: -There are no structures for noise level certification in the environment; -There are no capacities for preparing noise indicators according to Annex of the Commission Directive (EU) -There are no capacities for preparing noise indicators. -There are not budget foreseen for drawing noise maps and action plans for agglomerations, major roads, major railways and major airports; -There not enough capacities, equipment’s and budget¹ for evaluate noise areas, drawing noise maps and action plans -There are no capacities and budget foreseen for preparing strategic noise maps. -There are not budget foreseen for drawing noise map. -There are only 2 equipments in Institute of Public Health but IPH cannot make this service for all cities in Albania, This service is founding by NEA. -Local governments does have not capacity and budget for drawing noise maps in their territories. -There are no structures for preparation of action plans -The degree of approximation of the legal framework with the EU directives and their involvement specific noise requirements is still low; -There are no structures for preparation af action plans -There are no structures for preparation of noise action plans. -There are no analyses and studies on the concrete measures to be taken with the aim of reducing noise impact on the environment and on people's health; |
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Legislation:
Law no. 27/2016 dated 17.3.2016 |
Implementation:
Regarding Directive concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency: -The Designating the Competent Authority/ies (CA) responsible for performing the tasks under the REACH regulation is in Initial stage -Not implemented how the CA ensures access to and maintenance of the data needed to implement the law corresponding to this Regulation. -Not implemented the assessment of the national chemicals sector been carried out to determine the size of the future burden on the governmental administration for handling substance evaluation and other information activities. -Not implemented the establishment of a national helpdesk to provide advice on responsibilities and obligations under the REACH regulation . -Not implemented the actions to ensure capacity to control compliance with registration duties. -Not implemented the capacity to evaluate substances on the Community rolling action plan -Not implemented the capacity to participate in REACH Committee for the comitology procedure -Not implemented the capacity to participate in other technical work such as the Partner Experts Groups consulted in the process of developing guidance documents, technical subgroups to the meeting of the REACH Competent Authorities (CARACAL) etc" |
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Legislation:
Law no. 9362, dated 24.3.2005 |
Implementation:
In 2020 Albania adopted Decision 17/2020 on fertilizer products this law defines the rules for production, registration, trade, import, export, use, quality control, traceability, information, advertising and inspection of activities related to fertilizer products, as well as the organization and operation of relevant structures. |
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Legislation:
Law no. 95/2015 |
Implementation:
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Legislation:
Decision no. 665, dated 21.9.2016 |
Implementation:
Regarding the regulation concerning the export and import of hazardous chemicals, Albania has approved DCM No. 655, of 21.09.2016 “on Import and Export of Hazardous Chemicals”, Chapter VIII, but regarding the Information and training of custom authorities as regards control of exports, the are gaps. |
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Legislation:
Decision no. 860, dated 20.12.2006 |
Implementation:
Regarding the regulation on persistent organic pollutants no legislative gap identified /Even-though the roles and responsibilities of main responsible institutions and also other relevant institutions have been provided in the DCM on determination of the measures for the produce, import, placing on the market and their use as well as in the National Action Plan for phasing out and eliminating POP, implementation of such responsibilities is in early stages./Lack of capacities of the inspectorates. |
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Legislation:
Decision no.200, dated 2.3.2011 |
Implementation:
"In 2020, Albania ratified decision no. 406, dated 20.05.2020 on the labeling of pet food, used for food, including those containing or containing genetically modified organisms. This decision contains the rules that must be followed in the labeling of animal food which must be used for food, in order to ensure a high level of food safety, protection of public health, provision of appropriate information on users and the effective functioning of the internal market." |
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Legislation:
Law no.9863, dated 28.1.2008 |
Implementation:
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Legislation:
Law no. 7/2017 Decision no. 179, dated 28.3.2018 |
Implementation:
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Implementation Gaps:
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Legislation:
Law no. 7/2017 Decision no. 179, dated 28.3.2018 |
Implementation:
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Legislation:
Law no. 61/2020 |
Implementation:
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Implementation Gaps:
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Legislation:
Directive 2012/27/EU |
Implementation:
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Legislation:
Law no. 116/2016 Decision no. 537 dt. 8.7.2020 |
Implementation:
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Legislation:
Decision no. 179, dated 28.3.2018 |
Implementation:
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Implementation Gaps:
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Legislation:
Law no. 81/2017 |
Implementation:
Regarding the Regulation on the establishment of a FLEGT licensing scheme for imports of timber into the European Community : -There is not a competent authority for the FLEGT Regulation in Albania yet. -Penalties have been foreseen for infringements of all obligations laid down by the regulation. -The minimum level of sanctions for illegal logging are as follows: -Specific provisions haven’t been set out concerning who will carry out physical checks on FLEGT Licensed shipments and the need for such checks will be decided on the new law on Forest and Pasture Fund. -Moreover since beginning of 2016, the Law no. 5/2016, dated 5.2.2016 is in place on the ban of forests in Albania that prohibits the exploitation of forests and the export of unprocessed timber for a ten year period until 2026, except for heating purposes of local communities. -No steps have been taken towards the use of electronic systems for handling FLEGT licences in the country. -As mentioned above the current ban on forests for a ten year period is in place. |
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Legislation:
Law no. 10109, dated 2.04.2009 |
Implementation:
Regarding Directive 2008/56/EC on establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) Draft DCM “on the Marine Environment Strategy”, Part IV |
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Legislation:
Law no. 10 006, dated 23.10.2008 |
Implementation:
Albania ratified in 2020, the Law no. 57/2020 for forests, in which the deeper and wider cooperation for the development of research activities in forests is foreseen and supervises the development of wild flora and fauna and proposes the protection of endangered, rare or endangered species; |
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Legislation:
Law no. 81/2017 |
Implementation:
Alignment with the acquis in the field of nature protection, in particular the Habitats and Birds Directives, is well advanced, but policy and law enforcement remain generally weak despite numerous capacity building activities and technical assistance. The Law on protected areas was amended in 2018 to put greater emphasis on the planning and development of such areas. The legislation on strategic investment raises concerns for the protection of biodiversity, as it may allow large tourism and industrial investments in protected areas, e.g. the proposed airport in the Vjosa-Narta area. The National Protected Areas Agency still has very limited capacities and financial instruments, as it is forbidden by law from becoming financially autonomous. During 2020, the National Forest Agency was established, which coincides with the change of forest legislation, bringing a new management and administration according to new forest policies. |
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Legislation:
Decision no. 31, dated 20.1.2016 |
Implementation:
"Regarding the Directive related to the conservation of natural habitats and of wild fauna and flora, the following measures are yet to be implemented.: -Measures required for the conservation of such sites, including co-financing -System to monitor conservation status of habitats and species -Status of Annex V species and taking appropriate conservation measures -System to ensure reporting on implementation of Directive -System of authorizations for any derogations " |
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