Ex-post impact assessment of the Environmental Impact Assessment Law in Albania by Milieukontakt

This project is funded by the European Union

Ex-post impact assessment of the Environmental Impact Assessment Law in Albania

This study is financially supported by the project "Civil Society Acts for Environmentally Sound Socio-Economic Development" (CO-SEED) funded by European Union and implemented by Institute for Nature Conservation in Albania.

Acknowledgements Admir Duraj is the main author of this study. Reported data and background information were made available by staff of Milieukontakt in Albania, under the coordination and guidance of its Executive Director, Mrs. Valbona Mazreku.

The work was performed between March – October 2018 under a subcontract signed in the context of the Project ‘Enhanced capacities of CSOs in Albania to apply effectively Environmental Impact Assessment in all phases’ funded by the EU in context of the regional project ‘Civil society acts for environmentally sound socio-economic development’ (CO – SEED). The author was significantly assisted by diligent and consistent remarks and insights made by team leader, Mrs. Valbona Mazreku and project team members: Mrs. Emanuela Arifi, and Mr. Nertil Lugji, who helped develop the initial structure and focus of several sections of this assessment report; Mrs. Ornela Shoshi, senior specialist on EIA at Ministry of Environment and Tourism, who also assisted with tables of concordance, data review and clarifications on institutional setting;

All these individuals gave generously of their time and provided invaluable views on an earlier draft of the assessment report. Thank you!

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Acronyms DCM

Decision of the Council of Ministers

European Commission

EIA

Environmental Impact Assessment

ESMF

Environmental and Social Management Framework

European Union

GoA

Government of Albania

GRM

Grievance Redress Mechanism

LGU

Local Government Unit

MoET

Ministry of Environment and Tourism

NEA

National Environmental Agency

OECD

Organization for Economic Co-operation and Development

PCU

Project Coordination Unit

PIUED Project for Integrated Urban Economic Development QA

Quality Assurance

Quality Control

REA

Regionâ&#x20AC;&#x2122;s Environmental Agency

RPF

Resettlement Policy Framework

SAA

Stabilisation and Association Agreement

SEA

Strategic Environmental Assessment

ToC

Tables of Concordance

UNECE United Nations Economic Commission for Europe WB

World Bank

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Contents CHAPTER I ................................................................................................................................................. 5 1.1 Importance of the EIA and main drawbacks in implementing the relevant Convention in Albania. .................................................................................................................................................... 5 1.1.1.

Scope of the Assessment ................................................................................................. 6

1.1.2.

Sources of Information ...................................................................................................... 7

1.1.3.

General Limitations of the Analysis ................................................................................. 7

1.1.4.

Structure of the Report ...................................................................................................... 8

CHAPTER II ................................................................................................................................................ 9 2.1 Policy Framework ............................................................................................................................ 9 2.2 Goal and Objectives of the current Law ..................................................................................... 10 2.3 Performance Indicators of the Assessment ............................................................................... 11 CHAPTER III ............................................................................................................................................. 13 3.1 Government Measures and Initiatives ........................................................................................ 13 3.1.1. Institutional Initiatives ........................................................................................................... 13 3.1.3. Legislative Initiatives ............................................................................................................. 15 3.2 Status and Dynamics of Approximation and Compliance to EU acquis ............................. 15 3.3 Status and Dynamics of Qualitative Indicators ......................................................................... 15 3.3.1. Achievement of the EIA Objectives .................................................................................... 15 CHAPTER IV............................................................................................................................................. 18 4.1 Underlying drivers of the problem (â&#x20AC;&#x153;roots of the treeâ&#x20AC;?) ............................................................. 18 4.2 Effects of the problem ................................................................................................................... 18 4.3 Key Recommendations for Amendments to the EIA Law. ...................................................... 21 References ............................................................................................................................................ 25 Annex 1: Table of Concordance ........................................................................................................ 27 Annex 2: Main concerns addressed to NEA on EIA Law implementation at local level ............ 28 Annex 3: Glossary ................................................................................................................................ 31

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CHAPTER I INTRODUCTION A number of commitments have been made by the Government within this context and all the efforts the country is currently undertaking are concentrated to achieve this ultimate goal - EU accession. Among these commitments have been those made to preserve and protect the substantial natural assets in the country, and to take accurate account of environmental values in decision making. Despite this, the country faces numerous and in some cases intensifying, environmental problems, including poor urban air quality, poor quality of drinking water, insufficient waste water treatment, lack of sanitation, chaotic urban development, deforestation and land degradation. Such problems reflect both a historic backlog of environmental neglect as well as new problems associated with a country in transition. In the context of recent rapid growth and urbanization, the hazardous quality of the urban environment is having increasing impacts on public health associated with factors such as solid waste management, water quality and air quality. This report is prepared within on-going analytical and advisory support offered by Milieukontakt [MK] Albania in streamlining environmental protection in governance and law-making. The team in Tirana was led by Mr. Admir Duraj, Legal Researcher and included MK staff Mrs. Emanuela Arifi, and Mr. Nertil Lugji, researched respectively on institutional and environmental matters.

1.1 Importance of the EIA and main drawbacks in implementing the relevant Convention in Albania. The development of a modern legal system for environment protection in Albania started in 1991. Besides all efforts made for the improvement of the legal system for the environment, still there are deficiencies especially in relation to the protection of the environment, biological diversity and landscape. For this reason the actual legal system is constantly improving. The government is paying special attention to harmonizing and adapting its laws with the European Union Directives (EU). The Constitution, approved in 1998, calls on the Albanian authorities to preserve a healthy environment, ecologically suitable for the current generations and generation to come. In order to achieve this, the government should improve and complement more the legal and institutional framework addressing the protection of the environment, nature and biodiversity. The legal framework on EIA procedures in Albania is based on: ÷ Law no. 10 431, dated 9.06.2011 "On Environmental Protection", as amended ÷ Law no. 10440/2011 on Environmental impact assessment, as amended ÷ Law no. 12/2015, on some changes made for the law no. Law no. 10440/2011 on Environmental impact assessment ÷ Decision of the Council of Ministers, No. 686, dated 29.07.2015 “On approval of the rules, responsibilities and timelines for the development of the environmental impact assessment (EIA) procedure and the transfer of the decision and environmental declarations”, as amended

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÷ ÷

Law No. 10440 on "Environmental Impact Assessment" dated, July 07, 2011 2011 as amended by Law no. 12/2015. Decision of the Council of Ministers, No. 247, dated 30.04.2014 “On Defining the Rules, the Requirements and the Procedures for Public Information and Decision-making in the field of Environment”. Decision of the Council of Ministers, No. 598, dated 01.07.2015 “On the definition of rules and procedures for environmental impact assessment the on the transboundary context” Decision of the Council of Ministers, No. 912, dated 11.11.2015 “On the adoption of the national methodology of the environmental impact assessment process”

The Law No. 10440 on "Environmental Impact Assessment" dated, July 07, 2011 as amended by Law no. 12/2015 on the same subject, presents two levels of assessments: o The profound EIA process; o The preliminary EIA process (on general terms). Different project categories and projects of different dimensions are presented on the Law Annexes, divided according to categories. Based on the above-mentioned Legal Framework and in order to comply with the IFC Performance Standards and World Bank references, it was necessary to harmonies the national requirements with the international ones. These are respective laws and regulations currently regulating the process.

1.1.1. Scope of the Assessment Drafting of an ex-post assessment report summarising findings on impact and recommendations for better regulation, policy review and action planning on provisions of the Environmental Impact Assessment Law in Albania was the scope of assignment to be implemented by a team of consultants, led by a senior legal expert, hired in the context of the Project ‘CSOs practicing EIA in all phases’ funded by EU through Institute for Nature Conservation in Albania. The project aims to contribute to the sustainable management of natural resources through improved regulatory framework and more participatory and transparent decision- making processes, which involve a vibrant group of civil society organizations and increased attention of the media on the topic, with benefits for society at large. On the basis of these findings, the consultants would devise relevant technical recommendations for the implementation of the ex-post evaluation findings. In implementing this assignment the consultants were required to work with and under the guidance of Milieukontakt senior management staff. As first task it was demanded a review of the collected information and data gathered through field and desk research by Milieukontakt staff in their monitoring practice. While structuring the ex-post assessment report and draw the proposed outline the consultants would have to consult the existing / enacted guidelines for conducting [Ex-post] Regulatory Assessment Procedures and propose the report outline. The draft assessment report would need Milieukontakt review and approval prior to attain the final form. In turn, the consultants would need to reflect in the final draft of assessment report all comments and recommendation made by the project.

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1.1.2. Sources of Information This report draws on international best practice guidelines. This ex-post assessment follows the January 2009 Impact Assessment Guidelines of the European Commission (EC). Best practices in impact assessment applied by international institutions and organizations, such as the Organization for Economic Co-operation and Development (OECD), the World Bank etc. were also studied. Previous empirical studies were consulted, but the analysis relied mostly on data and information gathered from Milieukontakt sources on EIA law level of implementation. The present assessment is based on an empirical field research in particular municipalities focusing on a survey and analysis of enforcement of EIA law at local level and on information and relevant data published in official documents from national and international agencies, as well as from additional sources.

1.1.3. General Limitations of the Analysis This report presents an ex-post assessment on the application of provisions of the Environmental Impact Assessment Law and bylaws but there are general limitations for the assessment. The report presents an ex-post assessment of the impact of EIA Law on the overall institutional and public activity in Albania and on all legal subjects who take part in it. There are, however, certain barriers of the analysis that along with the presence of a number of informational, institutional and statutory impediments constitute limitations for the assessment. Specificity of the legal system. The general nature and comprehensiveness of the EIA Law make it difficult to determine whether and to what an extent the observed impacts resulted from the action of EIA Law itself, or from the action of other interventions, legislation and factors. Quite often, logical contradictions arise among the laws. In such cases, an interpretation of the will and intention of the legislature is required. Where there is a conflict between a common and a special law, the rules of the special law shall be applied (lex spetialis derogat generalis). This allows for special laws to contain provisions that contradict the principal rules contained in common laws, and actually to revoke them. Despite its multi-sector field of application, EIA Law in Albania belongs to those group of laws qualified as special or specific. To this point, the concerned law supports sector-based application of environmental awareness quoted in Constitution and relevant International Law Instruments. Regarding regulatory practice, EIA Law is a special law, setting the detailed principles and targets of regulation. Practically, the EIA regulation can revoke general provisions of certain important laws such us those regulating Urban Planning, Transport, Energy, Waste management etc. European Integration process has a particular impact on the institutional milieu as it required introduction of many new regulations. The EIA Law ex-post impact assessment covers a specific period of development of the national institutions, notably their transition within Stabilisation and Agreement implementation process. An adjustment has to be made of a great number of regulatory tools, stemming from legislation approximation with acquis

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communautaire. It is well known that the EC requirements play a significant role on the amount of the administrative costs. However, there is a strong pressure and growing demand for optimizing the role of the public administration in ensuring equal access to services/ information for citizens. During the analysed period, the regulatory environment framework and the public administration were subject to the influence of dynamics of EU accession process, which inevitably affected the consistency of assessment results. Overall, the institutional performance monitoring system is still underdeveloped. That makes it more difficult to assess the impact of the EIA Law.

1.1.4. Structure of the Report The following Chapter II of the report presents the background of the EIA Law and the assessment. It defines a policy framework, a goal and objectives of the EIA and it presents a set of performance measurement indicators used. Chapter III depicts the results of the ex-post impact assessment. The first subsection provides additional analyses on government measures for ensuring EIA standards within its institutional setting, various institutional and thematic initiatives, Impact Assessments (lAs) and training, as well as legislative improvement. The chapter III combines quantitative and qualitative methods for the analysis. The supplementary qualitative methods are based on: (i) EC 2017 progress report on implementation of SAA. The following subsection presents status and dynamics of outcome indicators resulted from legislative and institutional initiatives as well as from policy coherence check with the EU acquis. Based on the ex-post impact assessment of EIA Law, the final Chapter IV identities the main problem, discusses underlying drivers and effects of the problem and proposes key recommendations to improve the EIA Law.

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CHAPTER II BACKGROUND OF THE ASSESSMENT

2.1 Policy Framework Albania is State Party to all the three Rio Conventions, on Climate Change, Desertification and Biodiversity. In addition, Albania is a party to the following Environmental Conventions: Convention of Long-range Transboundary Air Pollution, Convention on Environmental Impact Assessment in a Transboundary context, Convention on the Protection and Use of Transboundary Watercourses and International Lakes, Convention on the Transboundary Effects of Industrial Accidents and Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Convention on the Protection of the Mediterranean Sea (Barcelona Convention). The protection of Albania’s environment has not kept pace with its economic growth. The increased demand for natural resources and uncontrolled exploitation has caused significant damage to the environment. Some 36% of the territory of Albania is forested, providing significant livelihood resources. The decline in forest area is due to clearance for agriculture, overgrazing, and woodcutting for fuel and building. More than 60% of forest and pasture lands are under municipal or commune management. This provides local incentives to improve the management and protection of forest, land and water resources. An important challenge is to recognise and strengthen the role of women in forestry value chains and non-timber forest products (NTFP), as well as women’s representation in the regional and local boards of communal forests and pastures. Albania has doubled its protected areas over the last 10 years, which is approximately 17.5 % of the total territory of the Republic of Albania. Ongoing challenges include: lack of financial resources, low management capacity of LGUs and legal enforcement, shortage of qualified scientific staff and lack of data and trend analysis about protected species, poor community involvement in protection, and lack of trust in local administration. Weak law enforcement reflects broader governance and rule of law concerns. Over 90% of energy production is from hydropower, while agriculture is critically dependent on irrigation. Irrigation, energy production, and industrial activities place serious strains on the country’s water resources. Most electricity generated in Albania has been produced by hydropower, although increased demand has led to power shortages. Irregular supply and outages blights the living conditions of low income families who lack physical and economic access to modern energy services. The Government is committed to diversify its energy supply and promote other forms of renewable energy – such as solar energy and biomass energy. The national MDG 1 target of 98 per cent of people with access to safe drinking water by 2015 was not reached. This is despite the increase in access to safe drinking water from 69 to 82% between 2002 and 2009. The pollution of water resources and the marine environment is a

Millennium Development Goals in Albania 2000 – 2015, UN in Albania, Tirana September 2015

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serious problem, mainly due to insufficient wastewater collection and treatment, leaking sewers and waste dumps. Sanitation is a persistent problem in the country with about one half of the urban population having a sewer connection. In rural areas, only a small proportion of the areas with piped water supply is equipped with sewer networks. The risks and costs of water pollution on health and nutrition are not addressed, nor factored into disaster preparedness planning. Municipal waste management has become another major source of pollution due to poor planning and budgeting, inadequate taxation for waste management services at local level. Industrial pollution is concentrated in 35 hotspots where copper, chromium, iron-nickel and oil industries have produced several million tons of industrial waste. Remediation costs 2 for 14 hotspots are estimated at 112 million Euros. Albania is one of the most vulnerable countries in the region to a changing climate and it is estimated that summer rainfalls will decline by about 10% by 2020 and 20% by 2050. Energy production and agriculture will be acutely impacted with an estimated loss of 60% of power generation capacity. The rural poor, in particular poor women and older, poor women and men, will be disproportionately affected because of their greater dependence on agriculture, their relatively lower ability to adapt, and the high share of income they spend on food. Currently Albania is a low emitter of greenhouse gases with 2.76 tons CO 2 per capita compared to EU 9.9 tons 3 per capita but they are projected to increase in the coming years, mainly from transport followed by agriculture and waste sector. Albania ranks as one of the countries with the highest economic risk in the world from multiple hazards, with 86% of its territory prone to two or more disasters. Impacts fall disproportionately on vulnerable women and children. Legislative gaps remain and Albania does not yet have a comprehensive and countrywide disaster risk management strategy. Organisational and technical capacities at national and LGU levels to anticipate and manage for disaster risks, and to respond effectively to emergencies are extremely low. The floods in 2010, 2015 and 2017 showed that Albaniaâ&#x20AC;&#x2122;s national disaster preparedness is reactive rather than preventive and that investments are needed to develop and implement national and local measures to adapt to changing climate conditions and reduce risks from future disasters.

2.2 Goal and Objectives of the current Law The scope of the EIA Law is to provide a high level of environmental protection through prevention, minimization and compensation of environmental damage from proposed projects prior to their approval for development and ensuring an open decision-making process during the identification, description and assessment of adverse environmental impacts, in the right manner and time, as well as the involvement of all parties concerned. Also this law and its bylaws define requirements, responsibilities, rules and procedures for the assessment of the adverse significant environmental impacts of the proposed projects, private 2 Joint 3

Work Plan 2018-2019 - Outcome 4: Environment and Climate Change - United Nations in Albania Environment and Climate Change â&#x20AC;&#x201C; Excerpts from UN Albania Programme of Cooperation 2017 - 2021

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or public. According to Environmental Protection Law, the environmental impact assessment for a proposed development project is the assessment of potential significant environmental effects of this project on environment. During the EIA process there are identified, described and proper assessed the effects on the environment of a project, defining potential direct and indirect impacts on soil, water, the sea, air, forests, climate, health, flora and fauna, natural landscape, cultural heritage, taking into consideration the interaction between impacts.

2.3 Performance Indicators of the Assessment Environmental impact assessment implies the preventative principle since the initial phase of the project design, aiming the elimination or minimization of the negative impacts on environment, through harmonization with environmental carrying capacity. An environmental impact assessment is also carried out and reported by the developer, as part of the preparations for the development of the project design before applying for the development consent. The Albanian EIA Law, transposing partially the EIA Directive. This law is intended to be applied for the proposed public or private projects, which may cause direct or indirect negative significant effects on the environment by virtue of their size, nature or location. General legal Requirements of Environmental Impact Assessment of a Project: รท The environmental impact assessment includes the definition, description and assessment of the expected direct and indirect environmental impacts in case of implementing or not implementing the project. รท The environmental impacts of project shall be assessed in relation to the state of the environment in the affected territory at the time of submitting the relevant environmental impact assessment report of the project. รท The environmental impact assessment includes the preparation, implementation, operation and its decommissioning including the results of liquidation thereof, as appropriate, and also decontamination or reclaiming of the area, if the obligation of decontamination or reclaiming (clean up) or return into its previous state, if it is laid down by the special regulation. Both normal operations and the possibility of accidents shall be assessed, as appropriate. รท Assessment of the project also includes the proposal of necessary measures to prevent, reduce, mitigate or minimize such impacts, or to increase the positive impacts on environment during the project implementation, including the assessment of the expected effects of the proposed measures. The projects that are subject to EIA are listed in the Annexes to the EIA Law (Annex I and Annex II). In order to decide if the proposed project is subject to any of these annexes or to which of the Annexes it falls, this depends on the nature of the proposed project, its scale, location and if it is likely to have adverse impacts on the environment. To this end help the criteria set for assisting in deciding first whether EIA is required and if yes to which annex it belongs, while competent authorities such as environmental authorities or line ministries and

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institutions consulted during the process, decide on the significance of the environmental impacts.

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CHAPTER III EX-POST IMPACT ASSESSMENT OF THE EIA LAW

3.1 Government Measures and Initiatives With regard to the approximation in environment and climate change sectors (chapter 27), the progress has been achieved mainly in the sector of horizontal legislation, waste management, water quality and nature protection. The level of alignment and administrative capacity is still limited despite progress on the policy-making level and on increasing awareness. Albania has been first among the Enlargement countries to ratify the Paris Climate Agreement in 2016. Under the UN Framework Convention on Climate Change, Albania has submitted its 3rd National communication report. The government of Albania has drafted the national adaptation plan, which assesses climate-related risks and adaptation scenarios for the coastal region which is currently being scrutinised by the sectoral ministries and other governmental agencies. The work on a National Strategy for Climate Change, a national action plan for mitigation and a specific law on climate change is in final stages. The strategy reviews inter alia the Intended Nationally Determined Contribution - INDC (2030 and 2050 targets). Constitution of Albania considers sustainable development and environmental protection as one of the main objectives of the state. Law of the year 2011 on environmental protection provides the basis for specific legal acts that regulate various components of environmental protection. Although alignment with the acquis has progressed, yet further efforts are needed to ensure full alignment with the EU environmental acquis. With regard to the approximation in environment the progress has been achieved mainly in the sector of horizontal legislation.

3.1.1. Institutional Initiatives There has been evident progress with regard to the institutional and administrative framework development in Albania. With the entry into force of the 2011 Law on Environmental Protection, the Environment and Forestry Agency has been reorganized, besides changing the name to the National Environmental Agency (NEA), as well as increasing the responsibilities. In January 2014, the State Environmental and Forest Inspectorate was established, which is a public institution that will guarantee implementation and enforcement of the law in the field of environment. Meanwhile, progress monitoring of transposition and implementation of EU environmental and climate legislation, continues to be an instrumental activity for candidate countries and potential candidates. The main purpose of the activity is to provide an updated, comprehensive overview of the current situation in Albania on the status of transposition and implementation of the environmental and climate acquis, as well as to identify the progress achieved on a yearly basis. Progress Monitoring provides information about the progress in transposition and implementation for selected Directives and Regulations on an annual basis. The Tables of Concordance are based on the provision-by-provision comparison of EC Directive requirements

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with the national law, which ensures the timely identification of the gaps between national legislation and the EC requirements. In order to assist the candidate countries in the assessment of their implementation efforts, the Implementation Questionnaires focus on practical elements of implementing Directive/ Regulation requirements, with special attention given to those requirements that may pose particular implementation problems. The Progress Monitoring activity is carried out for Albania on a regular basis. Prepared Progress Monitoring reports provide basis for Progress Reports (more specifically its chapters related to environment and climate acquis) in which the EU Commission services present their assessment of what each candidate state has achieved over the last year. In addition, as per the needs of the beneficiaries, trainings are provided to relevant public administration employees with the objective to build their capacities for progress monitoring, transposition and implementation of newly adopted EU environmental and climate-related legislation.

3.1.2. Conducted Impact Assessments, Analyses and Trainings As part of the international technical assistance programmes and cooperation partnerships 4 the Albanian government has received continuous support from institutions, agencies on environmental policy review and related capacity development in in forms of legislation reviews, trainings programmes, and other capacity development modules focusing on increasing and effective involvement of public administration and non-state actors in environmental governance, and more specifically in SEA/EIA practice. Capacity development activities covered a wide range of current environmental priorities, but were mainly focused on the following topics: ÷ Key requirements of SEA/EIA Directives and Practice in EU; Achievements and challenges; ÷ National legal SEA/EIA/IED framework in Albania; ÷ Public consultations with stake holders in EIA and Environmental Permits procedures; ÷ Screening and Scoping stage in EIA (preliminary EIA); ÷ Quality control and monitoring in EIA (profound EIA); ÷ Monitoring in the field at a permitted installation. Development of internal procedure and guidance documents regarding review of permit applications and the EIA reports is another important activity in the better regulation agenda, designed to provide a management tool for the Environmental Impact Assessment process in Albania and to facilitate an efficient EIA application process for each project submitted for approval. Utilizing available capacity development resources, offered by EU and local

actors will allow public officials and managers in the EIA system to quickly assess progress and effectively manage the complex multiple deadlines, information, and consultation required to manage EIA applications at all stages in the process. 4

IBECA project and ECRAN program 14 | 30

3.1.3. Legislative Initiatives Legislative compliance checks are the independent review of the compliance of national draft laws with the environmental and climate EU acquis. This is the ad hoc activity performed on the request that can be made by Albania as a candidate country and/or European Commission. On the basis of the available information submitted by the country concerned and on the basis of other existing information (e.g updated Tables of Concordance and/ or Implementation Questionnaires), the assigned team of experts performs a compliance check with a particular EC Directive on a paragraph by paragraph basis. The results are presented in a table format where each EC provision is matched with the corresponding transposing national article, clearly stating whether the transposition is adequate or not. Where the transposition is considered inadequate, the main reasons for the flaws are presented. The draft compliance table(s) are submitted to the European Commission and representatives of the beneficiary country concerned for comments before finalisation. The final reports are confidential and can be disclosed only upon the approval of the European Commission and the beneficiary country concerned.

3.2 Status and Dynamics of Approximation and Compliance to EU acquis 3.2.1. Key Changes introduced by the 2014 EIA Directive 5 Directive EIA 2014/52/EU by amending Directive 2011/92/EU induce the need to amend the existing EIA law in a number of respects. The Directive requires to be transposed in the national legislation, necessitating changes in laws and administrative provisions across a number of sectors. a. Refinement of environmental factors to be considered in assessment â&#x20AC;&#x201C; resource efficiency, climate change, biodiversity and disaster prevention. b. Screening procedure strengthened. New information requirements for developer (Annex IIA) and new selection criteria to be used by the competent authority in making Determination (Annex III). c. Information to be contained in Environmental Impact Assessment Report (EIAR) (Annex IV) is expanded. d. Requirement for developer have competent experts to prepare EIAR and for competent authority to have, or have access to sufficient expertise to assess the EIAR. e. Decisions must be reasoned. f. Public access to information. g. Monitoring requirements, where appropriate.

3.3 Status and Dynamics of Qualitative Indicators 3.3.1. Achievement of the EIA Objectives The Environmental Impact Assessment Law No 10 440, dated July 7, 2011 is approximated to the Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain 5

DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment

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public and private projects on the environment. However the bylaws, enacted in virtue the respective law No 10 440, dated July 7, 2011 reflect a limited level of compliance to the Directive 2011/92/EU. The Environmental Impact Assessment Law No 10 440, dated July 7, 2011 aims to protect the environment through prevention, minimization and compensation of damages from proposed projects which may cause direct or indirect significant adverse impacts on the environment due to their size, nature or location before the projects are approved. Further, the law defines the guidelines for the environmental impact assessment, the parties that must be involved and the obligation of environmental authorities to make all existing information for the compilation of EIA reports available to project developers. A special provision has been anticipated for Specially Protected Areas where development of projects will not be allowed, with exemptions for some particular cases. Provisions for trans-boundary impacts are also part of this law. The EIA Law defines the type and scale of the projects that require an EIA before implementation. The law prescribes two levels of EIA system for projects (i) preliminary EIA and (ii) detailed/profound EIA. รท

Preliminary EIA: This is for projects that may have less potential impacts. They include projects listed in Appendix 2 of the Law on EIA.

รท

Profound EIA: This is for projects with significant potential impacts, as listed in Appendix 1 of the Law, those projects listed in Appendix 2 which the NEA considers will have a significant impact on the environment (including activities that are to be implemented in a protected area). The EIA procedure for profound also includes: public debate and consultations with relevant authorities.

In general terms environmental policies in Albania are in line with UN and EU safeguard policies. The Albania EIA procedures comply at a large scale with the standards of EU on EA process, as all projects require some sort of an environmental screening and possibly assessment in order to receive an Environmental Approval (for construction), and/or an Environmental Permit (for an activity having an impact on the environment, including some construction activities). Furthermore, the type and scale of the project impacts will have on the environment determine the procedures that have to be followed and the type of approval granted. Also all the approvals include conditions that shall be observed by the proposer including environmental monitoring and mitigation requirements. The difference lies in the scope of the EIA required for those projects that fall into some specific environmentally sensitive interventions e.g., waste water management and require a detailed screening, while the same activities/projects under the Albanian Law will require only a Preliminary EIA for populations less than 30,000, unless the NEA decides that the project must undergo a Profound EIA, as noted above. However, in view of accession to European Union and approximation of the concerned law to the enacted EU legislation, there are still a set of issues identified as incompatibilities to the

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respective part of acquis with regard to coherence in environmental impact assessment. Annex 1 of this report describes a summarised table of concordance prepared by MoET staff and supporting experts’ team in view of technical assistance provided on EU accession process. To conclude, there are several questions related to EIA law to be addressed in order to acquire a better understanding on its level of implementation, potential hindrance and risks. At a very first step and most urgent one, addressing these questions means obtaining regular and accurate data on all dimensions, components ‘environmental impact’ entails. Such data would assist us in responding with effective analysis and actions to the following questions, which indeed are non-exhaustive: ÷ Do the industrial projects and processes incorporate low wastes and “clean” technologies that attempt to minimise and prevent the formation and discharge of pollutants? ÷ Are the wastes formed hazardous and where and how will they be disposed? ÷ What type of emergency response measures are planned and community awareness program envisaged for potential accidents? ÷ Is the safety and health of the citizens adequately protected? ÷ Are training programs sufficient to facilitate technology transfer, improvement of capabilities and self-reliance? ÷ Is enterprise management aware of the needs for and benefit of incorporating environmental measures?

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CHAPTER IV MAIN PROBLEM, DRIVERS AND EFFECTS OF THE PROBLEM, AND RECOMMENDED IMPROVEMENTS TO THE EIA LAW

4.1 Underlying drivers of the problem (“roots of the tree”) In order to achieve the EIA Law, mitigate potential and crucial hindrance by minimising its effects, a stronger and active participation of public and specifically of non-governmental organisations is indispensable. As lessons from best practices guide, some of the political decisions that will need to be taken to integrate impact assessment into the planning process and promote and foster sustainable patterns of participatory development, are the following: ÷ define development goals and policies in relation to environmental objectives; ÷ evolve institutional and administrative systems that are flexible and respond readily to changing needs; ÷ make sectoral ministries and departments environmentally responsible and accountable for their actions; ÷ use budget allocations as a means to facilitate multi-sectoral approaches, allocate a minimum percentage of development budgets for assessing potential environmental impacts and implications as well as for undertaking preventive and mitigative measures; ÷ provide more funds for human resource development programs that include environmental and natural resource management curricula; ÷ promote greater public awareness of the needs for recognising the values and benefits of environmental ethics; For the project team, authoring this assessment practice, and non-governmental organisations, environmental activists, the above tasks serve in the meantime as key indicators that support achievement of EIA law objectives and implementation of relevant measures.

4.2 Effects of the problem The legislation on environmental audit does not exist in Albania and there is no list of industrial installations and polluters in the country. There are no permit conditions with threshold limit values for pollutants. Permits do not regulate emissions to air, water and soil. One of the main problems when conducting EIA studies / reports is because the data quality remains a key challenge across all thematic areas. As both human and financial resources available for sampling are limited, measurements are irregular, non-systematic and have high margins of error. In some cases, some parameters cannot be monitored at all due to the old equipment available; in other cases the norms and standards used are still not yet compatible with international standards. No databases except for air currently exist for the environmental topics monitored, and neither does a QA/QC system to certify the data collected in accordance with international standards.

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The lists of projects subject to profound EIA and preliminary EIA require an interpretation of definitions of project categories enlisted under annex I and II of the law on EIA as imposed /transposed by the EIA directive. Similarly, the system on public participation at all steps of the EIA process needed to be strengthened by improving the required administrative procedures. The quality of EIA reports is quite often found insufficient. The EIA reports and development projects frequently lack adequate institutional and legal follow-up in terms of enforcement of environmental regulations and monitoring, and, once the EIA report is completed, its findings are sometimes ignored in project execution. The EIA review process is often of little value as a result of lack of skills and appropriate guidelines. EIA effectiveness is further compromised by lack of integration of the EIA system with the landuse and sectoral planning system and poor inter- and intra- ministerial co-ordination. The problems relating to lack of more advanced knowledge of EIA methodologies by the MoET experts staff, as well as technical and administrative expertise at the local/regional level, remain. The system of public participation through the required steps in the EIA process should be strengthened still further. In addition, the quality of EIA reports is not always sufficient and the quality of the review phase should be improved through the provision of guidelines. The 2011 Law no. 10431 on Environmental Protection gives competence to NEA to determine the lists of projects with local (minor) environmental impacts. The 2014 DCM on Rules of Procedure on Public Information and Participation in Environmental Decision-making, No. 247, is the legal basis for public participation in the environmental decision-making process. The DCM establishes the public consultation procedure in the EIA process and obliges local government institutions to enable public access to the following documents: ÷ Summary of the project and EIA report prepared by the project developer; ÷ Draft environmental permit; ÷ Full copy of documents presented by the developer, in order that members of the public may review all the details of the project. The local government must notify the public, for a period of at least 20 days, of where the documentation is available for examination, the timeframe (not less than one month from the notification date) within which members of the public can make comments, and the date and time of public debate. Public notification of the consultation process is ensured through local radio and television outlets, websites and periodical journals, if possible. The local government is obliged to publish the notice at its notification stand. Not all these legal requirements are applied to all permitting procedures – and not because of any legal prescription but because the legislation is infringed. This could be considered “decision as appropriate” rather than “decision on the legality”. Permitting documents may be appealed before the court according to the Code of Administrative Procedures. 

Integrated pollution prevention and control

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The 2011 Law on Environmental Permitting transposed the requirements of Directive 96/61/EC on Integrated Pollution Prevention and Control. Notwithstanding its adoption, there is no such permitting regime in Albania yet. Furthermore, there is no list of installations for which such types of permits must be issued. ď&#x201A;§ Self-monitoring According to the legislation, operators are obliged to control environmental emissions of their activities based on the conditions set out in the respective environmental permission. The monitoring indicators are mainly for air emissions, wastewater effluent quality and, recently, noise levels. The monitoring indicators, monitoring frequency and reporting requirements must be in accordance with the operatorâ&#x20AC;&#x2122;s environmental permission. The operator is required to monitor its emissions either by having specialized staff or contracting specialized laboratories. The environmental monitoring data are reported periodically to REAs and EFA, which is the technical authority in charge of evaluating monitoring compliance. Operators obliged to monitor their emissions in accordance with their environmental permission are inspected by EI. In certain cases, an on-site check to assess emissions compliance may be undertaken in cooperation with EFA. These legal requirements do not work in practice. The conditions for self-monitoring set in the permits are rather weak. Only large industrial operators conduct some periodic emission monitoring. Technical capacity to conduct industrial monitoring and produce reliable data is lacking. There are no guiding documents to facilitate and enforce environmental self-monitoring. Another difficulty arises from high costs of conducting emissions monitoring which cannot be covered by operators. A pollutant release and transfer register has not been established yet. ď&#x201A;§ Environmental management systems in enterprises The environmental management system in Albania is still unclear. There is no list of industrial installations and polluters in the country. Therefore, there is no target group for promotion of an environmental management system. The Albanian Pollutant Release and Transfer Register is a public electronic database to facilitate public participation in environmental decision-making, aiming prevention and reduction of environmental pollution. The Albanian Pollutant Release and Transfer Register enables the public to have access to environmental information concerning the annual amounts of pollutant releases to air, water and land as well as off-site transfers of waste and on urban waste water treatment within the scope of DCM No. 742 date 09.09.2015, which has partially transposed the EC Regulation No. 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register (E-PRTR) amended by Regulation EC Nr.596 / 2009. So far the register is not functional and there are no data provided on the list of businesses/industries or reports self-reported. 6

http://prtr.akm.gov.al/main/welcome.jsf

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4.3 Key Recommendations for Amendments to the EIA Law. The legal and institutional arrangements for EIA need to be implemented fairly, consistently and efficiently. EIA policy should be developed flexibly and its effectiveness monitored, giving particular attention to the following factors: รท รท รท รท

Reasons for introducing EIA and the problems that it is meant to resolve; Goals of the EIA process and how their achievement can be measured; Most appropriate approaches to implementing, enforcing and monitoring the outcomes of the EIA process; and Mechanisms for reviewing and adapting the EIA process to ensure that it continues to meet needs.

The successful operation of an EIA system requires the responsible institutions to have the capability to carry out the key functions and activities. Otherwise, even if EIA legislation is in place, its potential benefits will not be delivered. Even where institutional capacity is sufficient, particular care may need to be taken to facilitate good communication, coordination and cooperation between local government units, the various government departments responsible for development and environmental management. In particular, the successful operation of the EIA system depends upon the availability of qualified people with the technical skills and expertise to carry out the research, analysis and preparation of an EIA report to the level necessary to inform decision-making. The quality of technical work also reflects upon the availability of baseline data and information on the natural environment, and the research and education system that is in place in a particular country. Although attention to technical matters is essential, public involvement is crucial to identifying the issues and information that may be of importance in EIA. Local knowledge also may be of considerable benefit to the development and viability of a project. Many projects have failed because they did not take into account local or traditional factors or because they failed to gain public acceptance and support. Part of the political commitment to the EIA process is the provision of adequate funds to administer the process and carry out required activities. Where necessary, this commitment should include funds for EIA capacity building and training. Often, too, there is a need to provide funding for public involvement programmes, especially in cases where major projects result in involuntary resettlement or other types of social dislocation. Generally, the need for these programmes is greatest where financial resources are scarcest. Realistically, in many cases progress will be limited without international assistance. In the long term, adequate funding will depend upon the recognition of the benefits that the EIA process brings to a country. These benefits need to be recorded (such as in case studies) so that they are available for later use. To address the issues and obstacles noted in this report on coherent and effective implementation of EIA law in Albania and the need to measure accurately impact development projects have in our environment, the following set of revisions to the law is recommended:

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While the definition provided for by the Law on Environmental Impact Assessment does not include all elements set out in the definition provided for in the 2014 Directive, it is recommended that the definition of environmental impact assessment as defined in point 3 of Article 6 be amended according to the 2014 directive.

ii.

In Article 5 of the Law on Environmental Impact Assessment, as well as in the case of national defence projects, projects that only aim at responding to civil emergencies should be excluded from the scope of this Law. In defining the meaning of â&#x20AC;&#x2DC;civil emergencyâ&#x20AC;&#x2122;, the lawmaker should consider the various definitions given in Law No. 8756, dated 26 March 2001 "On Civil Emergencies" (amended), Civil Emergencies, National Civil Emergencies, Natural Disasters and other calamities.

iii.

In line with the recommendations of the Technical Assistance Mission to Strengthen the Capacity of the Ministry of Environment (IBECA), it is recommended review of procedures on determining projects that should be subject to environmental impact assessment and those which should not undergo through this procedure by separating the screening procedure from the environmental impact assessment procedure.

iv.

By subjecting to the preliminary environmental impact assessment procedure, all the projects listed in Annex II, state authorities may face overload and inability and/or inefficiency in quality assurance of the environmental impact assessment reports prepared by the experts, let alone additional costs for developers. Meanwhile, many EU Member States have set limits for the projects listed in Annex II assigned to undergo under the screening procedure (i.e. defining based on the set criteria whether the project should be subject to the environmental impact assessment procedure). We highly recommended that the same practice may be followed in Albania.

In accordance with good European practice it is recommended establishment of a dual quality control system of environmental impact assessment reports. As a first step, the developer selects a natural or legal person licensed to draft an EIA report by engaging a team of qualified specialists. Subsequently, the responsible authority has the right to select an expert or a group of them, specifically licensed to control the quality of EIA reports, which control the quality and suitability of the report drafted by the developer. Experts are also entitled to take measures on weak quality reports, or impose penalties for operators who have filed incorrect data.

vi.

The effective participation of the targeted public, during the environmental impact assessment procedure has been assessed as one of the most problematic issues of this procedure. The applicable rules provided by the DCM no. 247 are in line with the rules set out in the directive. However, in practice, there are problems with the notifications, transparency and public involvement. In order to ensure effective public participation, administrative adjustments should be made for a feasible implementation of the provisions of DCM no. 247.

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Annex I of Decision no. 686, dated 29.07.2015 "On the adoption of rules, responsibilities and deadlines for environmental impact assessment procedure (EIA) and the decision transfer procedure of environmental statement" should be reviewed in accordance with Annex III of the Directive 2014.

vii.

As a coherence check, the following serves as a checklist of ten suggested key areas of change to be reflected in the amended EIA law in virtue of DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment 

Screening: Requests for Screening Opinions will become more comprehensive. Supporting information will be required on the use of natural resources, the waste produced, and on likely impacts on a number of new topic areas. Information may also be provided on any integrated design measures and mitigation proposed to avoid or reduce impacts, to enable these to be taken into account in the Screening decision. As with the current Directive, Developers will be required to submit Screening Reports for projects listed in Annex II of the Directive, which remains unchanged.



Scoping: Scoping remains voluntary. However, if a Scoping Opinion is requested, there will now be a requirement to base the EIA on the Scoping Opinion received. Note: If a project is scoped before the amended regulations, the application will be processed in accordance with the current EIA regime.



Topic areas for consideration: A number of new environmental topics will require consideration at all stages including biodiversity, climate, land and human health. Consideration will also need to be given to any predicted effects resulting from the vulnerability of the project to major accidents and/or disasters relevant to the project.



Project description: The project description will be required to include demolition works, where relevant. It will also be a requirement to describe the quantities and types of construction waste which will be generated.



Baseline scenario: There is a new requirement to outline the likely evolution of the baseline scenario in the absence of the development, as far as this can be assessed ‘with reasonable effort’ on the basis of available information and scientific knowledge.



Assessment of effects: Main uncertainties associated with forecasting methods must now be described. Cumulative effects have also been defined as those arising from the development with other existing and approved developments (there is no requirement as such to consider projects in the planning process).



Assessment of ‘reasonable alternatives’: The definition of ‘reasonable alternatives’ to be considered in the assessment has been expanded to include reference to alternatives

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associated with project design, technology, location, size and scale. However, as the Directive still refers to the alternatives ‘studied by the developer’, this may be interpreted by some to mean no change. 

Reporting outputs: The findings of the EIA will be presented in an ‘Environmental Impact Assessment (EIA) Report’ and not in an ‘Environmental Statement’.



Monitoring requirements: Monitoring of any significant adverse effects identified after mitigation will be required to ensure the implementation of mitigation measures and to measure their effectiveness. This includes measures to ‘identify unforeseen significant adverse effects’.



Use of ‘competent experts’: The EIA Report will need to be prepared by ‘competent experts’ and determining authorities will have to ensure that they have, or have access to, sufficient expertise to examine the EIA Report. The Government has not defined ‘competent expert’ however the draft Regulations may propose that local authorities be responsible for deciding if the environmental statement has been prepared by a ‘competent expert’. This raises concerns regarding the potential risk of delay and costs for a developer should a local authority disagree with an EIA professional’s credentials. Notwithstanding this uncertainty, it is expected that a national expertise registration scheme may have a key role to play in ensuring the use of competent experts in Albania.

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References The following references have been adapted or used as a primary source for major parts of this report: Millennium Development Goals in Albania 2000 â&#x20AC;&#x201C; 2015, UN in Albania, Tirana September 2015 Joint Work Plan 2018-2019 - Outcome 4: Environment and Climate Change - United Nations in Albania Environment and Climate Change â&#x20AC;&#x201C; Excerpts from UN Albania Programme of Cooperation 2017 - 2021 Environmental assessment of projects and plans and programmes, Rulings of the Court of Justice of the European Union, European Union, Luxembourg 2017 EIA guidance - Screening (2017), European Commission, Brussels, 2107 EIA guidance - Scoping (2017), European Commission, Brussels, 2107 EIA guidance - EIA report (2017), European Commission, Brussels, 2107 Commission guidance document on streamlining environmental assessments conducted under Article 2(3) of the EIA Directive (26/07/2016), European Commission, Brussels, 2106 Streamlining environmental assessment procedures for energy infrastructure Projects of Common Interest (PCIs) 24/07/2013, European Commission, Brussels, 2103 Guidance on Integrating Climate Change and Biodiversity Assessment 03/2013, European Commission, Brussels, 2103

into

Environmental

Impact

Training Package on EU Law on Environmental Impact Assessment (EIA), European Commission, Brussels, 2106 Donnelly A, Dalal-Clayton B and Hughes R (1998) A Directory of Impact Assessment Guidelines, (Second Edition). International Institute for Environment and Development (IIED). Russell Press, Nottingham, UK. OECD /DAC (1994) Towards Coherence in Environmental Assessment: Results of the Project on Coherence of Environmental Assessment for International Bilateral Aid. 3 vols. Canadian International Development Agency, Ottawa. Petts J (1999) (ed) Handbook of Environmental Impact Assessment Volume 2: Environmental Impact Assessment in Practice: Impact and Limitations. Blackwell Science Ltd., Oxford, UK. Sadler B (1996) Environmental Assessment in a Changing World: Evaluation Practice to Improve Performance. (Final Report of the International Study of the Effectiveness of Environmental Assessment). Canadian Environmental Assessment Agency and International Association for Impact Assessment, Ottawa, Canada. Sadler B and Verheem R (1996) Strategic Environmental Assessment: Status, Challenges and Future Directions. Ministry of Housing, Spatial Planning and the Environment, The Hague.

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Scott Wilson Ltd. (1996) Environmental Impact Assessment: Issues, Trends and Practice. Environment and Economics Unit, UNEP, Nairobi. UNECE (1991) Policies and Systems of Environmental Impact Assessment. United Nations, New York. World Bank (1999) Environment Matters. (Annual Review on the Environment). World Bank, Washington, D.C. World Bank (1996) Environmental Assessment Sourcebook Update No. 10. International Agreements on Environment and Natural Resources: Relevance and Application in Environmental Assessment. World Bank, Washington, D.C. Law No. 10119/09 "On Territory Planning," amended by Law No. 10258, dated 21.04.2010 and Law No. 10315 dated 16.09.2010; Law No. 9700, dated 26.03.2007 “On environmental protection from transboundary impacts”; Law No. 9478, dated 16.02.2006 “On the accession of the Republic of Albania to decisions II/14 and III/7, amendments of Espoo for Environmental Impact Assessment in the transboundary context"; Law No. 8897, dated 16.05.2002 “On air protection” as amended by Law No. 10266, dated 15.04.2010; Law No. 9424, dated 06.10.2005 “On the ratification of the strategic environmental assessment protocol”; Law No. 9010, dated 13.2.2003 “For environmental administration of solid wastes” as amended by Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licences, Permits and Authorizations in the Republic of Albania”; Law No. 9115, dated 24.07.2003 “On the administration of polluted waters” (amended by Law No. 10448/11 “On Environmental Permits”; Law No. 8906, dated 06.06.2002 “On protected areas” as amended by Law No. 9868, dated 04.02.2008; Law No. 10463, dated 22.09.2011 “On Integrated Waste Management”; Law No. 9048, dated 07.04.2003 “On Cultural Heritage;” as amended by Law No. 9592, dated 27.07.2006; Law No. 9882, dated 28.02.2008; and Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licences, Permits and Authorisations in the Republic of Albania”; DCM No. 676, dated 20.12.2002 “On declaring the Albanian Nature Monuments as Protection Zones”; Law No. 8756, dated 26.03.2001 “On civil emergencies” as amended by Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licenses, Permits and Authorizations in the Republic of Albania”; Law No. 8093, dated 21.03.1996 “On water reserves” as amended by Law No.8375 dated 15.07.1998; Law No. 8905, dated 06.06.2002 “On protection of marine environment from pollution and harm”.

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Annex 1: Table of Concordance

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Annex 2: Main concerns addressed to NEA on EIA Law implementation at local level Datë

/2018

Nr. prot.________ Drejtuar: Z. Edison Konomi DREJTOR I PËRGJITHSHËM AGJENCIA KOMBËTARE E MJEDISIT Informacion mbi ecurinë e Marrëveshjes së Bashkëpunimit në fushën e informimit dhe pjesëmarrjes së publikut në vendimmarrjen mjedisore. Hyrje 1. Ky informacion është përgatitur nga organizata Milieukontakt Shqipëri, e cila ka më shumë se 17 vjet eksperiencë në sektorin e shoqërisë civile dhe me autoritetet vendore në çështjet e mjedisit, natyrës dhe zhvillimit të qëndrueshëm. Tre elemente udhëheqës kanë qenë gjithmonë në fokus të programeve të zbatuara nga Milieukontakt Shqipëri: (i) ngritja e kapaciteteve, (II) pjesëmarrja e publikut dhe (III) problemet mjedisore. 2.

Milieukontakt Shqipëri po zbaton projektin “CO-SEED”, i cili ka për qëllim të krijojë një praktikë të përfshirjes të publikut të interesuar në vendimmarrje mjedisore duke kontribuar në forcimin e legjislacionit horizontal dhe bashkëpunimit midis OJF-ve Mjedisore dhe Autoriteteve Përgjegjëse për një zhvillim të qëndrueshëm ekonomik nëpërmjet vlerësimit real, transaprent dhe profesional të ndikimit në mjedis të projekteve duke promovuar zhvillimin që respekton mjedisin. Pjesë e projektit është monitorimi i procedurave të organizimit të dëgjesave publike dhe dhënies së informacionit për publikun.

TË PËRGJITHSHME Baza ligjore: Nenet 23, 48 dhe 56 të Kushtetutës së Republikës sëShqipërisë; Ligji nr. 8672, datë 26.10.2000 “Për të drejtën e publikut për të pasur informacion, për të marrë pjesë në vendimmarrje dhe për t’iu drejtuar gjykatës për çështjet e mjedisit” (Konventa e Aarhus-it). Nenet 51 - 55 të Kodit të Procedurave Administrative. Ligji Nr. 10 431, datë 9.6.2011 “Për mbrojtjen e mjedisit” (nenet 13, 46, 47) Ligji nr. 119/2014 “Për të drejtën e informimit”; VKM nr.16, datë 04.01.2012 “Për të drejtën e publikut për të pasur informacion mjedisor”; Bazuar dhe në Memorandumin e Mirëkuptimit: “Bashkëpunim në fushën e informimit dhe pjesëmarrjes së publikut në vendimmarrjen mjedisore” firmosur nga Milieukontakt Shqipëri, INCA, EDEN dhe AKM datë 15/02/2017;

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•

MILIEUKONTAKT SHQIPERI gjatë periudhës janar-dhjetor 2017 ka monitoruar zbatimin e procedurave të njoftimit dhe mbajtjes së dëgjesave publike për ato projekte që kërkojnë VNM të thelluar. Nga vlerësimi i parë mund të themi se ka mangësi në lidhje me anën proceduriale të zhvillimit të këtyre dëgjesave dhe mungesë njohurish nga ana e stafit të DRM-ve në lidhje me zbatimin e drejtë të ligjit “Për të drejtën e informimit” dhe VKM Nr. 419 “Informimi dhe pjesëmarrja e publikut për aplikimin për Leje Mjedisi të tipit A dhe B” dhe VKM Nr. 247 DT. 30.04.2014 “Për përcaktimin e rregullave të posacme për informimin dhe përfshirjen e publikut në vendimmarrjen mjedisore” Në 222 raste të monitoruara nga MiA, në të cilat kemi marrë njoftimin në adresën tonë të emailit për zhvillimin e dëgjesave publike dhe konsultuar materialet shoqëruese të raporteve paraprake të VNM-ve dalim me këto komente:

KOMENTE TË VEÇANTA 1 Moskoordinim mes AKM-së dhe DRM-ve. Dokumentat, raporte e vlerësime paraprake të VNMve që hidhen në faqe e AKM dhe DRM nuk kanë një sistem të unifikuar të emrave, mungojnë materialet informative dhe janë të veshtirë për tu gjetur sipas datave. P.sh. DRM Tiranë tek menuja dokumentat shoqëruese nuk mund të gjesh asnjë dokument. E njejta gjë është dhe për DRM Berat e DRM Durrës DRM Fier etj. Gjithashtu ndodh që në faqen e AKM-së i gjejmë të bashkangjitur dokumentat e nevojshem për dëgjesën, por DRM-të, rasti konkret Shkodër është inekzistente duke mos njoftuar as për orarin apo vendin e takimit. 2 Në faqen e web-it njoftimet duhet të jenë 20 ditë më para të publikuara, por shpeshherë ndodh që jepet vetëm njoftimi në DRM për datën dhe vendin e takimit, por mungojnë VNM-të papraprake të cilat ngarkohen me vonesë në faqe dhe jo 20 ditë përpara sic e parashikon ligji. Njoftimi jo gjithmonë shoqërohet me raportin e VNM dhe nuk respektohet as periudha që ato duhet të jenë transparent në faqe. Kjo nuk e dimë në vjen si rezultat se edhe DRM nuk e marrin raportin përkatës në kohë, apo për arsye teknike nuk publikohen. 3 AKM-ja në bashkëpunim me propozuesin, brenda 5 ditëve nga data e marrjes në dorëzim të kërkesës, bën klasifikimin e projektit të propozuar, sipas shtojcave 1 dhe 2 (Ligji VNM), pasi protokollohet duhet bërë edhe njoftimi për dëgjesen publike, por në 90% te rasteve njoftimi nga AKM-ja me email vjen 1-2 ditë para zhvillimit të dëgjeses publike dhe faza e scooping bashkohet me dëgjesën e publikut për VNM të thelluar. Kjo vërejtje në shumicën e rasteve lidhet dhe me komunikimin e DRM-së jo vetëm me OJF-të por edhe me pushtetin vendor. Konkretisht rasti i Shijakut ndërtimi i inceneratorit për djegien e mbetjeve spitalore nga Jamarbër Grup është zhvilluar pa informimin e duhur dhe

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përfshirja e bashkisë dhe e komunitetit në ditën e dëgjesës publike solli dhe dështimin e procedurës si dhe anullimin e një leje të mëparshme. 4 Bazuar në VKM nr. 247, datë 30.4.2014, Kreu II, pika 7.1 seanca dëgjimore me publikun organizohet në një vend të përshtatshëm, sa më pranë vendndodhjes së projektit dhe jo më herët se dita e 30-të kalendarike nga data e njoftimit të AKM-së, por në shumicën e rasteve nuk respektohet ky rregull, pasi nga data kur merret njoftimi (data e protokollit) deri në datën e dëgjesës publike nuk plotësohen 30 ditë kalendarike. Dhe kjo ndodh në 86% të rasteve të monitoruara në DRM Durrës, .76% në DRM Elbasan dhe 81% të rasteve në DRM Tiranë. Informacioni jonë vjen si rezultat i monitorimit të vazhdueshëm që ne po i bëjmë proçedurave të lejeve mjedisore dhe Websiteve kryesore të AKM-së dhe DRM-së. Nëpërmjet kësaj letre ne synojmë përmirësimin e hedhjes së informacionit në Web dhe informimin e komunitetit mbi dëgjesat me publikun të organizuara nga subjekte të ndryshme ashtu si e kërkon ligji. Duke shpresuar që letra jonë do të merret parasysh, mbetemi të hapur për të ofruar ndihmën dhe ekspertizën tonë për përmirësimin e sistemit të informimit.

Me respekt, Valbona Mazreku Milieukontakt Shqipëri Rr: Xhorxhi Martini, Pall. TeutaKonstruksion Shk.3/8, Tirane tel: (4) 2256528 email: office@milieukontakt.org www.milieukontakt.org

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Annex 3: Glossary Acquis Communautaire The Acquis Communautaire is the accumulated body of European Union (EU) law and obligations from 1958 to the present day. It comprises all the EU's treaties and laws (directives, regulations, and decisions), declarations and resolutions, international agreements and the judgments of the Court of Justice Coherence Assessment of whether a better complementarity or synergy could be found within a programme and in relation to other programmes. The internal coherence refers to the correspondence between the resources allocated to a programme and its objectives. The external coherence refers to the adequacy between the evaluated laws and other related laws. Counterfactual situation Situation which would have occurred without the public assistance. Also referred to "policy-off" situation. Criterion Characteristic on which a judgement can be based. The criterion must be explicitly defined. A measure would usually be judged on several criteria. Indicators are then defined for each criterion. "Reduction of costs /burdens" is an example of a criterion to examine the efficiency of administrative provisions. Environmental Impact Assessment Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse. UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the environmental, social and economic impacts of a project prior to decision-making. It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decisionmakers. Effectiveness Assessment of the effects in relation to the objectives of the evaluated programme. An action will be effective when the objectives have been attained. For example, the ratio between the “numbers of kilometres” of water pipes that should have been constructed (quantified objective) and the “number of kilometres” that have actually been constructed could serve to assess the effectiveness of a legal/policy measure concerning infrastructure improvements. Efficiency Assessment of the achieved effects in relation to the inputs (financial or administrative) mobilised; i.e., how economically have the inputs been converted into outputs, results or impacts. Could the same result have been achieved with less resources, or more results with the same resources? External factor

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External factors partly or entirely responsible for the changes observed. The evaluation must take into account such factors in order to assess the net effect of the assisted action.

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