Implementation of Multilateral Agreements (MEAs) in National Laws and Regulations in Albania

Implementation of Multilateral Agreements

(MEAs) in National Laws and Regulations in Albania

Mihallaq QirjoCountry Director

The Regional Environmental Center (REC), Albania

On this presentation…

1. General overview of the progress of Albania

2. Progress on MEAs implementation since last conference on 2003

3. Challenges and needs

REC Albania involvement

• Position and Involvement– Assignment under contractual agreement

with UNEP to draft a country assessment on the situation regarding MEAs implementation in Albania.

– Based on the legacy of previous engagement on supporting the Albanian Institutions

– The draft-assessment and findings in this presentation are prepared by REC Albania, with the support of the legal expert Mr. Bajram Mejdiaj. They do no represent any official opinion either of MoEFWA or any other governmental Institution in Albania.




“Baseline” for the progress performance

• 2003 – the “Pin Point” Year– Evaluating the progress in MEAs

implementation: Need for comparative data.

Refreshing our memory– Dec. 2003: the first country workshop

discussing on country situation in implementing MEAs. (under REReP program)

– Similar structure and set-up: elaborating progress for individual MEAs, identifying needs providing recommendations.

– Furthermore: expose opportunities to officials and experts, establish contacts, etc.

– Jun. 2010: review the progress, identify the country needs, improve communication ….




Country Institutional setup

• Structures and channels of communication– The Ministry of Environment, Forests and Water Ministry of Environment, Forests and Water

Administration (MEFWAAdministration (MEFWA) ) with its structures is the body responsible for implementing the requirements of environmental conventions.

– In addition, on specific cases, other implementation bodies are establishedexample: PIUs in charge of drafting the National Action Plan for the elimination and disuse of POP-s, in the framework of the requirements of the Convention on POP-s

– National Focal PointNational Focal Point as day to day communication as day to day communication channel with Convention secretariats- staff of channel with Convention secretariats- staff of MoEFWA, appointed by the Minister. MoEFWA, appointed by the Minister.

– Since the requirements of the conventions are wide and practically require the engagement of other line line ministriesministries, along with the focal points there is also the network of contact points contact points - specialists of other line ministries.




Country Institutional setup

• Progress– Acknowledg

ed procedure.

– Nominated persons

– Accepted Accepted responsibilitiresponsibilities in line es in line ministriesministries




• …. and challengesIn general: Fragile operating

system: – Gaps/Delays in nomination of

focal points (clashes among priorities, ad-hoc approach by the decision making)

– Frequent changes due to staff moving in/out of institutions.

– Limited staff / Human resources, therefore (frequently) overburden of the qualitative staff.

– Non continuity in country representation in regional & int’l MEAs related events.

– Poor and Ad-hoc communication in the horizontal and vertical dimensions of the focal/contacts points network.

General overview of progress

• National legal framework revision to facilitate the implementation of the conventions– There is no environmental convention, in which Albania is a

party, with no drafted legal acts and by-laws to facilitate the implementation of its requirements.

– The national environmental legislation consists of over 20 laws and 100 by-laws as Council of Ministers decisions, instructions and regulations of the minister. Intensive work done in the period 2009-2010, with support of some international assistance (INPAEL, UNDP, etc)

– Positive progress on developing the new country legislation on:biodiversity protection, water management, air quality and protection, land and territory planning, waste and hazardous waste management, radiation protection, EIA process and environmental permits.




General overview of progress

• Progress– Good will of country Good will of country

participation and participation and involvement in new involvement in new inter’l processes inter’l processes (15 new MEAs since (15 new MEAs since 2003!)2003!)

(acknowledged by the (acknowledged by the EU country progress EU country progress report 2009)report 2009)

– Completion and Completion and improvement of the improvement of the legal frameworklegal framework.

– Reflect the MEAs requirements.




• …. and challengesLow level of implementation &

enforcement– A good number of protocols needs

specific laws and by-laws in support of the implementation of their requirements.

– Low level of Enforcement remains a general problem – not only to MEAs implementation.

– Non official (quantitative) data on the enforcement, leaving space for very subjective opinions from very positive to extreme negative.

– Some data revealed on the fines collection level (illegal activity in forestry, gravel extraction) is very low!

Adherence in MEAs since 2003

• New MEAs Stockholm Convention "On sustainable organic pollutants Carthage Protocol on bio safety to the Convention on biological diversity Decision III / 1, amendment of the Basel Convention Kyoto Protocol in the United Nations Framework convention on Climate Change Protocol on strategic environmental assessment On transboundary air pollution in large distance”.(FL.77/2005) On Records of pollutant discharge and transfer "of the Aarhus Convention" On access to

information, public participation in decision making and access to justice in environmental matters

Beijing Amendment, of the Montreal Protocol, "On the Ozone layer depleting Substances” The amendment of Montreal, of the Montreal Protocol, “On the Ozone layer depleting

Substances” London Amendment, Annex II, of the Montreal Protocol, “On the Ozone layer depleting

Substances” Copenhagen Amendment, of the Montreal Protocol, “On the Ozone layer depleting

Substances” Decisions II/14 and III/17, amendments to the ESPOOs Convention Sofia Protocol of 1988 "On control of emissions of oxides of nitrogen or their cross-border

flows”, of the Convention “On the transboundary air pollution in large distance” Helsinki Protocol of 1985 "On reducing of emissions of sulfur or their cross-border flows at

least 30%”, of the Convention “On the transboundary air pollution in large distance"; Rotterdam Convention "On the procedure for notification of prior consent for certain

hazardous chemicals and products for plant protection in international trade”.




Adherence in MEAs since 2003

• Impresive List of laws adopted in accordance to the MEAs in which Albania has become a party– 1. Law No. 9263, of 29. 07.2004 "On ratification of the" Stockholm Convention "On sustainable organic pollutants";– 2. Law nr. 9279, of 23.09.2004 "On accession of the Republic of Albania to the Carthage Protocol on bio safety to the

Convention on biological diversity";– 3. Law No. 9299 of 28.10.2004 "On accession of the Republic of Albania in decision III / 1, amendment of the Basel

Convention on the transboundary movements of hazardous waste and their disposal";– 4. Law No. 9334, of 16.12.2004 "On accession of the Republic of Albania in the Kyoto Protocol in the United Nations

Framework convention on Climate Change”;– 5. Law No. 9424, of 06.10.2005 "On ratification of the" Protocol on strategic environmental assessment";– 6. Law No. 9425, of 06.10.2005 "On accession of the Republic of Albania to the Convention in 1979 “On transboundary

air pollution in large distance”.(FL.77/2005);– 7. Law No. 9548, of 01.06.2006 "On accession of the Republic of Albania to the Protocol "On Records of pollutant

discharge and transfer "of the Aarhus Convention" On access to information, public participation in decision making and access to justice in environmental matters";

– 8. Law No. 9486, of 06.03.2006 "On accession of the Republic of Albania to the Beijing Amendment, of the Montreal Protocol, "On the Ozone layer depleting Substances”;

– 9. Law No. 9485, of 06.03.2006 "On accession of the Republic of Albania to the amendment of Montreal, of the Montreal Protocol, “On the Ozone layer depleting Substances”;

– 10. Law No. 9484, of 02.03.2006 "On accession of the Republic of Albania to the London Amendment, Annex II, of the Montreal Protocol, “On the Ozone layer depleting Substances”;

– 11. Law No. 9480, of 16.02.2006 "On accession of the Republic of Albania to the Copenhagen Amendment, of the Montreal Protocol, “On the Ozone layer depleting Substances”;

– 12. Law No. 9478, of 16.02.2006 "On accession of the Republic of Albania in decisions II/14 and III/17, amendments to the ESPOOs Convention" On environmental impact assessment in transboundary context”;

– 13. Law No. 10062, of 29.01.2009 "On accession of the Republic of Albania in Sofia Protocol of 1988 "On control of emissions of oxides of nitrogen or their cross-border flows”, of the Convention “On the transboundary air pollution in large distance”;

– 14. Law No. 10063, of 29.01.2009 "On accession of the Republic of Albania in Helsinki Protocol of 1985 "On reducing of emissions of sulfur or their cross-border flows at least 30%”, of the Convention “On the transboundary air pollution in large distance";

– 15. Law No. 10277, of 13.05.2010 "On accession of the Republic of Albania to the Rotterdam Convention "On the procedure for notification of prior consent for certain hazardous chemicals and products for plant protection in international trade”.




General overview of progress (continue)• Progress

– More opportunities More opportunities for information for information

– Efforts on Efforts on strengthening the strengthening the monitoring system monitoring system and scientific data and scientific data through projectsthrough projects.

– Qualification and Know-How




• …. and challenges– Non proper monitoring system on

env. situation and compliance within the env. inst. system. Even poorer in horizontal and vertical network. It affect the ability and accuracy of the country reporting to MEAs implementation.

– Great differences among nominated Focal points on ability to collect the information and maintain communication, although all report difficulties on operation the system especially in involving research institutions or statistical data.

– Non effective judicial system:(poor sensitivity & env. knowledge,

no env. structural and institutional set up, no supportive legal framework – penal code, no use of MEA reference)

Court cases: (fires, illegal logging, …)

Progress by specific MEA – biodiversity cluster

– To facilitate the implementation of the requirements of the Convention on Biodiversity, the Convention “On international trade of the endangered species of wild fauna and flora (CITES), the Convention "On the Conservation of migratory species of Wildlife (Bonn Convention) and its Agreements for Cetacete (ACCOBAMS), Night Bats (Eurobats) and Eurasian migratory birds (AEWA), the United Nations Convention to Combat desertification (UNCCD), were drafted and then adopted the Law no. 9587, dated 20.07.2006 "For the protection of biodiversity", Law no. 8906, dated 06.06.2002 "On Protected Areas”, Law no. 9868, dated 04.02.2008 "On some amendments to the Law no. 8906, dated 06.06.2002 "On Protected Areas”, Law no.9693, dated 19.03.2007 "For pasture fund”, law no. 10006, dated 23.10.2008 "For the protection of wild fauna", Law no. 10253, dated 11.03.2010 "On Hunting" Law no. 9385 dated 04.05.2005 "On forests and forest service" with all the amendments that was made in 2008, Law no. 10120, dated 23.04.2009 "On fund for protection of medicinal, ether-oily, and natural tanifere plants”, Law No. 9867, dated 31.01.2008 "On defining the rules and procedures for international trade of endangered species of wild fauna and flora".




Progress by specific MEA

– In order to implement the requirements of ESPOO's Convention are drafted, approved and already in force some laws such as law nr.8934 dated 05.09.2002 "On environmental protection, law nr.8990, dated 23.01.2003" On the evaluation of impact on the environment, law no. 9700, dated 26.03. 2007 "On protection of transboundary environmental impacts.

– Implementation:Ashta Hidropower: AL-MNE

bilateral public hearing in Shkodra region





– In order to implement the requirements of the Basel Convention, the basic law "On Environmental Protection" in 2002 addresses the import, export and transition of waste and hazardous waste, establishes restrictions required under the Convention on waste imports, clarifies their meanings by building the general legal basis for implementing the convention under Albania conditions. Besides, in the national environmental legislation were drafted and adopted the law no. 9010, dated 13.02.2003 "On environmental management of solid waste, law no. 9537, dated 18.05.2006 "On hazardous waste management, law no. 9108, dated 17.07.2003" On substances and chemical preparations.





– In order to implement the requirements of the POPs Convention, pursuant to the obligations for the Ministry of Environment that derive from the Stabilisation and Association Agreement, as well as the matrix of legal acts in 2010 that was approved by the Council of Ministers decision, during this year will be drafted and approved a comprehensive legislative package that includes the laws and by-laws that will facilitate the implementation of the requirements of this Convention on persistent organic pollutions.





– In order to implement the requirements of the Vienna Convention, the Montreal Protocol and its four amendments, the law no. 8934, dated 05.09.2002 "On environmental protection", has dedicated a special article ( the article no. 17, entitled ozone depleting equipment) to the attitude on ozone depleting gases and to devices that use them. Moreover, there are drafted, approved and already in implementation two decisions of the Council of Ministers, namely CoM decision no. 453, dated 23.06.2005 "On the approval of the list of devices that use ozone depleting substances, which are prohibited to be produced and imported, and the rules and the procedures of replacing them in existing equipment. Thus is the decision just adopted that made additions and changes to the aforesaid decision, in accordance with the requirements of the four amendments of the Montreal Protocol in which Albania has adhered. This decision has already entered into force and is implementing under the monitoring of the relevant structures of the Ministry.




National Plans and Strategies for implementation

– Although there is progress in some MEAs:

– POPs – National Action Plan(2008)– UNCCF: second communication (2009)– CBD - Enabling Biodiversity Action Plan (2008)– Arhus Convention: National Implementation Plan (2005)

– The lack of strategies and national action plans for each convention is both significant deficiency with negative impact on implementing the conventions requirements

– Financial consequences are poorly reflected




Public information and participation

– A process of public participation is taking more emphises in the recent years. Ratified since 2000, Arhus is becoming more a tool of reference both by the institutions and public or NGOs.

– MoEFWA established Arhus Information Center mostly visited by students. There are also 3 regional Arhus Centers.

– Public information remains concern especially on the EIA. – Passive information and active information: both insufficient

resource, undeveloped practices• Urgent need the publication of text of MEAs in Albania

– Public participation insufficient – more in the law / strategies.– Access to Justice: premature development (there few cases –

none of them may considered as completed procedure)

– Arhus Information web site www.aic.org.al – But more information e-tools should be developed for other

specific MEAs– Procedures and methodologies of practicing public

participation and Access to Justice are to be developed and monitored




http://www.aic.org.al/

Thank you!

http://albania.rec.orgwww.mjedisisot.info

[email protected]

tel:/fax: 04 2 232 928

Rr. Ismail Qemali, No.27Tirana, Albania

http://albania.rec.org/

http://www.mjedisisot.info/

mailto:[email protected]

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Implementation of Multilateral Agreements (MEAs) in National Laws and Regulations in Albania