Achievements in IPPC Directive Achievements in IPPC Directive Implementation: problems and constraintsImplementation: problems and constraints

AlbaniaAlbaniaMinistry of EnvironmentMinistry of Environment

3rd BERCEN Exchange Programme for the Environmental Enforcement Agencies and Inspectorates

October, 19-22, 2004

Prague, Czech Republic

Ministry of EnvironmentMinistry of Environment

Inspectorate of Environment is a new structure within the Ministry of

Environment. It is established in February 2003

• Chief Inspector and three inspectors in MoE• 40 inspectors in REA

Inspectorate of EnvironmentInspectorate of Environment

Goals:

• Organization and management of impact environmental activities inspection.

• Promoting environmental compliance and enforcement of requirements of environmental laws.

• Attending the implementation of conditions in a permit for activities with environmental impact.

• Attending the implementation of duties from REA-s

• Coordination of activities with other inspectorates, with local government and other structures.

Inspectorate of Environment and Inspectorate of Environment and IPPC DirectiveIPPC Directive

In frame of BERCEN Training Programme for IPPC In frame of BERCEN Training Programme for IPPC Directive:Directive:

• On Dec. 17-18, 2003, in coorporation with REC Country Office in Albania, a training program is organised about the IPPC Directive and implementation level in Albania .

• Inspectors - participants in BERCEN Training Programme, together with specialists of Prevention Pollution Directorate prepared and delivered the training materials.

Implementation level of IPPC Directivein Albania .

• Still a long way to go on implementation of IPPC Directive

• Achievements in legislation and the future prospective

• Problems and constraints

Legislation approximationLegislation approximation

The basic environmental laws that have been approved since 2002,related with IPPC implementation.

• On environmental protection• On air protection from pollution • On the environmental management of solid waste• On the environmental treatment of the polluted waters• On environmental impact assessment (EIA)• Decisions of the Council of Ministers• On the environmental monitoring in Albania• On the norms on gaseous emissions • On the establishment of the Environment Institute • On the certification of the experts for the Environmental Impact Assessment

and the Environmental Auditting • On the documentation required when applying for the environmental licence

and the elements it should contain

Strengthening of the environmental impact Strengthening of the environmental impact assessment systemassessment system

Permit conditions

• Details on the safeguards against discharges in every discharging joint and in total for the entire activity cited against discharging norms.

• Requirements for the implementation of the monitoring program including indicators of condition, impact, stations of sample extraction and frequency and method of measurement or estimation, forms of presentation and registration of data.

• Identification of measures for reduction of consumption of water, primary materials, energy and improvement of technology along the lines of a program developed for this purpose.

• The obligation to submit once very three months the monitoring data from the regional environmental agencies and publish these once a year.

Strengthening of the environmental impact Strengthening of the environmental impact assessment systemassessment system

• Definition of measures and schedules for the rehabilitation of the damaged or polluted environment.

• Measures for treatment of waste and hazardous waste produced by the activity.

• Obligatory restoration measures in the event of activity shutting down.

• Deadline for renewal of the environmental license and expiration of the license in case the activity stops.

• The obligation for carrying out environmental assessments.

• The obligation to implement the requirements contained in the license.

Strengthening of the EIA systemStrengthening of the EIA system

Requirements of the Self-monitoring Programme

• Methodologies of calculation of discharges based in capacities and technologies of activities;

• Sorts and quantity of waited charges;• Joints, processes and plants discharging into air, water,

soil;• The points where the measures to be carried out for each

discharge;• Frequency and the sort of measurement for each point of

discharge;• Methodology for each measurement;• Measures to be taken about bringing the discharges to

permitted norms; deadlines for the implementation.

Strengthening of the EIA systemStrengthening of the EIA system

• Units, joints, plants where the accident may occur and the preventing measures;

• The emergency plan with detailed measures to deal with a possible accident;

• Sorts and quantity of waste generated by activities;

• Place and rules about their temporary deposal in activity area;

• Time and procedures of final deposal according to their sorting;

• Sorts and quantity of hazardous waste generated by activities, place and rules about their temporary deposal; packaging, labels and transportation for their annihilation

This legislation aims atThis legislation aims at

• Establishing contemporaries rules in order to protect the environment

• Inclusion into the legislation of new legal terms • Extension of horizontal legislation• Incorporation into the national legislation of the

requirements of international conventions and protocols• Incorporation of all EU norms, standards and requirements• Integration of environment in all the sectors of life

Problems and constraintsProblems and constraints

• The biggest problem is not the development of the laws but lack of implementation and enforcement of the legislation:

- Lack of respect of the law, rooted in the years Albania suffered under a repressive dictatorship;

- Absence of the ability to measure and monitor compliance;- Weak enforcement procedures;- Lack of institutional and administrative capacity;- Overleaping and non-clear share of competencies among ministries;- MoE is not in charge of resource management. Competencies are assigned

to other ministries or institutions, which are focused more on resource use rather than on resource protection;

• Shortcomings in the legal and institutional framework• Low level of environmental awareness among the public and

institutions

Perspective in the futurePerspective in the future

• Among the objectives of creation conditions for future membership of EU, the government is paying special attention on harmonizing the country legal framework with the EU acquis communitaire.

• On Oct.7.2004: New project has started:”National Plan for Approximation of Legislation”. [PHARE]

• Nov. 2004-2006: New project to start: “Environmental Legislation & Planning”, including IPPC Directive. [CARDS]

• We would appreciate the assistance on implementating the IPPC Directive.

Thank You for Your Attention