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Section 12. Environmental law
Mecaj Stela, University "Ismail Qemali" Vlora PhD Candidate in Environmental Law, the Faculty of Law
E-mail: [email protected]
Albanian environmental legislation approach in the framework of the Stabilisation and Association Agreement
Abstact: The Republic ofAlbania is committed to respect the general principles of democracy and fundamental human rights of the Universal Declaration of Human Rights, the European Convention on Human Rights, and itself commits to promote cooperation and good neighbourhood relations with countries of the region, through signing a number of bilateral and multilateral agreements. In the framework of interaction and intensification of relations with the European Union, in view of democratization and transformation of the Albanian society, in accordance with European values and principles, it signed a Stabilisation and Association Agreement which clearly determined purposes and priorities that will be kept in mind by the Albanian state on its path towards the European Union. This paper aims to present the approach of the Albanian environmental legislation with EU environmental law framework to identify to what extent this legislation is approximate. The results achieved are that Albania still needs to do more in the process of harmonization of legislation with European legislation and its implementation. Overall, preparations in the field of environment are at an early stage, highlighting the shortcomings of administrative capacity and funds.
Keywords: Stabilisation and Association Agreement, harmonization, environment, horizontal legislation, waste management, chemicals, air quality, climate change etc.
Introduction The Albanian government is aware that any new
Stabilisation and Association Agreements of step along the membership brings new responsi-
the European Union with third countries consti- bilities and requires work increasingly larger and
tute the basis of the beginning of a process of politi- aims to intensify the reform of European integra-
cal dialogue, the establishment of common institu- tion, while maintaining a focus on meeting the pri-
tions [11, p. 10] and also form the basis of close orities identified in the Enlargement Strategy of the
relations between the European Community and European Commission October 2014 [2, p. 14]. To
the associated country. The Stabilisation and As- become EU members, Albania must meet the crite-
sociation process was defined as the main contribu- ria established in the Copenhagen European Coun-
tion of the European Union's Stability Pact, based cil in June 1993. These criteria require, guaranteeing
on the conviction that the prospect of accession democracy, the rule of law, respect for rights human
of the countries of the region into the European and minority rights; establishment of a market econ-
Union is an incentive to achieve stability and un- omy that can withstand competitive pressure and
dertaking reforms [12]. Albania is part of the Sta- forces of european common market; candidate state
bilisation and Association Process announced for must be able to respond to the obligations arising
the five Eastern European countries at the Zagreb from the "acquis communautaire" or the legislation
Summit in 2000. of the European Union. [1].
The historical overview of relations between Albania and the European Union
Diplomatic relations with the European Union (EU) were set in 1991. The most important event in the relations between Albania and the EU was recorded a year later, on May 1992, with the signing of the Trade and Cooperation Agreement which entered into force on December 1992. At that time, Albania is included in the General System of Preferences (GSP), which represented a comprehensive regime of trade preferences that the EU was offering a wide number of countries with which it had contractual relationship. Trade and Cooperation Agreement of May 1992, allowed Albania to benefit from the PHARE program funds. This constitutes an important step towards the restructuring of the EU's assistance to Albania in a number of areas that coincide with the reforms which the country was involved. Under this program, in the period 1992-2000, Albania has provided considerable assistance.
In 1996, Albania was close to signing a new contractual agreement with the EU, which will pave the way for a classic association agreement. But the contested parliamentary elections of May 1996, together with the deep financial and social crisis that followed in early 1997 contributed in the failure of any initiative in this direction. Political developments during this period in the different countries of our region, the breakup of the former Yugoslavia, created a number of new states, the parameters of which differed from those of Central Europe, so in 1996 the European Union adapted to Balkan countries the so called policy "Regional approach". General Affairs Council, at this time, define a set of political and economic conditions that the Balkan countries had to meet to develop and strengthen their relations with the EU. These criteria were related to democratic principles, freedoms and human rights, building respect and strengthen the rule of law, protection of minorities, the development of market economy, as well as regional cooperation. Although oriented to help strengthen democracy and reforms in the countries concerned, this policy of the EU tried to give the expected results. Because of recent developments regional, the tragic events in Kosovo "traumatized" system of international relations and increased their pressure to find forms and
other ways to speed up the "integration" of SouthEast Europe in the structures of the EU [8].
In May 1999, the European Union adopted a new initiative for five Balkan countries: Albania, the former Yugoslav Republic of Macedonia, Croatia, Bosnia-Herzegovina and Federal Republic of Yugoslavia, called the Stabilisation and Association Process (SAP). This process aims to establish closer relations between the EU and the aforementioned countries, through the Stabilisation and Association Agreement (SAA). In November 1999, the European Commission presented a report on the feasibility study on the opening of negotiations with Albania for the signing of the Stabilisation and Association Agreement, reaching the conclusion that, however, Albania did not meet the conditions for such an agreement. In November 2000, it took place in Zagreb meeting of countries involved in the Stabilisation and Association Process. At this meeting, the EU decided to intensify cooperation with Albania through the creation of the High Level Group Al-bania-EU. The purpose of this group was to assess Albania's capacity to assume the obligations of a Stabilisation and Association Agreement with the EU. Finally, the Commission found that although much remains to be done in terms of meeting the obligations resulting from a Stabilisation and Association Agreement, the prospect of the opening of negotiations is the best way to maintain the pace of political and economic reforms in the country. For this purpose, the Commission concluded that it is time to proceed with a Stabilisation and Association Agreement with Albania [8].
In June 2001 the Council of Ministers of the EU adopted the report of the Commission and requested it to present a draft mandate to open negotiations with Albania before the end of 2001. In accordance with the Council's request, in the month of December 2001, the European Commission presented to the Council the draft of negotiating a Stabilisation and Association Agreement with Albania [11, 3-4]. General Affairs Council of the EU in its meeting on October 2002, decided to open negotiations with Albania. The Thessaloniki Summit held in June 2003 of the so-called Zagreb II confirms the EU accession prospects of the countries of the Western Balkans region and paves the way for the use of instruments
used in the new member states. In December 2003, the Albania Readmission Agreement was initialed. In May 2004, the European Union launched the TAIEX program for the harmonization of legislation for the countries involved in the Stabilisation and Association process. In December 2005, the European Council adopted a decision on the principles of a revised Partnership for Albania. In April 2005, in Luxembourg signed the Readmission Agreement Albania-EU [8].
In February 2006, in Tirana was initialed the Stabilisation and Association Agreement. On June
2006, in Luxembourg, the Council of General Affairs and External Relations, signed the Stabilization and Association Agreement and the Interim Agreement on Trade and Commercial Cooperation. In July 2006, it approved the National Plan for the implementation of the Stabilization and Association Agreement. In July 2006 the Council adopted a regulation to create a new instrument for Pre-Accession (IPA). IPA replaced the existing instruments (PHARE, SPA, SAPARD, CARDS) from 1 January
2007. The Stabilisation and Association Agreement between Albania and the European Communities and their Member States was ratified by 25 member states, in July 2008. It also signed an agreement to facilitate the issuance of visas between the European Union and Albania. The Stabilisation and Association Committee in Tirana held its first meeting on March 2010, while the Prime Minister of Albania, delivered in Brussels, answers to the Questionnaire of the European Commission, on April 2010. The Albanian government concluded the submission of answers to additional questions to the European Commission Questionnaire on June 2010. Interior Ministers of the Member States of the European Union Council of Justice and Home Affairs approved the lifting of the visa regime with Albania, on November 2010 [8].
Upon request by the Council, the Commission presented its Opinion on Albania's application in November 2010, which assessed that Albania still had to achieve a necessary degree of compliance with the membership criteria and in particular to meet the 12 key priorities identified in Opinion. In October 2012, the European Commission recommended that Albania be granted candidate status, provided
the fulfillment of key measures in the areas of judicial reform and public administration and revision of the Rules of Parliament. The Commission once again recommended that Albania be granted candidate status in the Progress Report 2013 and identified five key priorities for the opening of accession negotiations. These priorities are: public administration reform; independence, efficiency and accountability of judicial institutions; fighting corruption; the fight against organized crime; protection ofhuman rights (including non-discrimination policies, the Roma community, and the implementation of property rights) [8].
On November 2013 launched the High-Level Dialogue on priorities between Albania and the EU. High Level Dialogue served as a tool to structure the EU-Albania cooperation and to help Albania to maintain focus and consensus on EU integration. Taking this into account, in light of the obligations that must be met under the SAA, Albania has adopted a strategic approach which will adjust the obligations it has assumed under its capacity and national interest. The priorities set in the National Plan for European integration are determined based on a number of sources, including the Annual Work Plan of the Government, SAA, the European Partnership, Albania's progress assessments contained in the Annual Reports of the European Commission. Short term priorities in the National Plan for European Integration in five main priority areas are fully synchronized with the Guidelines on 5 key priorities adopted by the Albanian Government on May 2014 [8].
National Plan for European Integration is synchronized with the National Strategy for Development and Integration 2014-2020 to be adopted on December 2014. For this reason, the National Plan reflects the readiness of Albania to achieve its short and medium term priorities in the process of approximation with the EU by implementing concrete measures, with special emphasis on June 2014 report, confirmed the recommendation that the Council grant Albania candidate status. The European Council adopted in June 2014 decision of the General Affairs Council, who gave Albania the status of candidate country. Receiving EU candidate status and the start of negotiations for membership in the European Union will constitute the primacy of
political action. The correct implementation of the Stabilisation and Association Agreement (SAA), the fulfillment of the rest of the 12 priorities of the Action Plan are key elements for the quality and speed of the process of accession to the EU.
The assistance provided by the European Union to Albania
Albania has benefited from Phare and CARDS instruments of the European Union. Also, through the Instrument for Pre-accession Assistance (IPA) during the period from 2007 to 2013, Albania has benefited from IPA Component I — Transition Assistance and Institutional Strengthening and IPA Component II — Cross-border cooperation. Previous support include operations such as: technical assistance, equipment and investment to shape better policy development, supporting capacity of central and local institutions to implement legislation of the respective area and to monitor the level of pollution (air and water), also included a series of infrastructure proj ects for construction of plant collection and treatment of wastewater along the Adriatic coast in order to maintain the quality of sea water. Additional areas as nature conservation and climate change have also received the support of IPA. Overall, EU assistance during the period 2007-2013 is estimated at 126 million Euro [9, p. 23].
Priority needs include further development of governance capacity at central and local level to develop and implement policies. Also, is needed further alignment of policies and legislation for the environment and climate of the EU, and ensuring effective implementation. The need for investment in the water sub-sector are important, (nevojiten te pakten 2.4 miliard Euro ne perputhje me direktiven e BE-se per trajtimin e ujerave te ndotura, si edhe gdo vit 52 milion Euro per shpenzimet operative), although there are limits to capacity management. Use of certain investments, especially in the water sector supported by IPA I, is not yet satisfactory. Albania is vulnerable to climate change, especially by flooding and soil erosion, at certain times. In general, measures are needed to evaluate the risk of climate change, as well as adaptation measures in these areas.
The expected results that will be achieved with the assistance of the EU are: further approximation of legislation and environmental policy and climate
change legislation and the best practices of the EU and implementation effectively; improving the sus-tainability of investments through better coordination of stakeholders; ensuring sound financing for operating and maintenance costs; determination of mature investment projects in accordance with the existing master plans; improving the collection and treatment of wastewater; an investment master plan for waste management, especially recycling, and a list of mature projects for implementation are available; increasing the number of plants for waste management, especially recycling; functioning the only mechanism of selection to identify priority investments in water, flood protection, waste management and climate change are considered the combination of grants IPA II with IFN loans; develop and implement of strategies and action plans for risk assessment and adaptation to climate change at local, regional and national levels [9, p. 24].
Development and implementation of environmental policies and action on climate, as well as alignment of the regulatory framework with the EU legislation will be supported through technical assistance, provided through twinning, service contracts, TAIEX and international agencies specialized. Preparation of projects mature and viable infrastructure investment will be supported through technical assistance for feasibility, evaluation, impact assessment, projections and other studies. It provided that all donor funds and other financing of the EU to be involved in a single process of prioritization and selection. IPA II [13, p. 11] will be invested mainly feasibility studies, impact assessments or design studies in order to prepare profitable investments. Instrument for Pre-Accession Assistance (IPA II) is the main financial instrument through which the EU supports the implementation of reform beneficiaries with the aim of EU membership.
To support the various ministries in the first half IPA II (2014-2020) [9, p. 4] will focus on the development of basic elements of a sectoral approach as the development of a plan for implementing the strategy, budget planning, institutional and organizational development, and Coordination among others. Under the IPA II, Albania will benefit from EU assistance for 2014-2020, an indicative of 640 million euros.
Albania participates in these EU programs: Seventh Framework Programme (FP7); Framework Programme for Entrepreneurship and Innovation; Lifelong Learning; Europe for Citizens; Culture and Customs. Currently, Albania has finalized or is in the process of finalizing new agreements for some programs, including Horizon 2020; Competitiveness of Small and Medium Enterprises; Fiscalis 2020; Erasmus +; Creative Europe; Employment and Social Innovation. Albania has applied for observer status in the EU Agency for Fundamental Rights. Albania will participate in cross-border cooperation programs with the Western Balkan countries and neighboring Member States, as well as transnational cooperation programs under the European Regional Development Fund.
The main achievements in environmental legislation [2, 14-17].
In the field of horizontal legislation has been progress in terms of transposition of the EIA Directive and the SEA, but there is no progress in terms of other directives. The transposition of the EIA Directive (2011/92/EU) has progressed excessively reaching 97%, while that is working to its full alignment. Also, significant progress was also noted in terms of transposition of the SEA Directive, reaching 95%. Most of the provisions of this Directive have been transposed by the adoption of Law no. 91/2013 on Strategic Environmental Assessment, in February 2013. This law, transposing Annex and most provisions, and provides the legal basis for the adoption of secondary legislation. The full transposition of the Directive on Access to Information and Public Participation that was achieved was in 2012.
In the area of further work in relation to the environment is necessary alignment of horizontal legislation, in particular the directives on environmental crime. A more effective system to prosecute and penalize environmental crimes should be applied. Environmental impact assessments are still not systematically before the start of infrastructure projects. Public access to information and consultation remains limited. Cooperation with civil society organizations should be strengthened. Lack of enforcement of environmental legislation is a major problem. Crosscutting environmental strategy has not been adopted yet. Public consultation, access
to information and collaboration with civil society organizations is improved. First steps taken to strengthen law enforcement must be intensified. The process of environmental impact assessment has improved, but needs to be strengthened significantly in hydropower and mining industries in particular.
In the field of air quality, the division of responsibilities between the National Environment Agency (NEA) and the implementing bodies have been clarified. There are no plans at the local level to ensure the quality of ambient air and not taken any measures to combat violations recognized standard values. In terms of air quality, national strategy on air quality and the law on ambient air quality have been approved and should be implemented. Internal prohibition of smoking has proved effective. Albania has missed the deadline on its energy community for the implementation of the 1999 Directive on the sulfur content in fuel. Violations of the known values for air quality standards continue. Air quality in cities remains very problematic [2, 14-17].
Progress has been made in transposing the acquis in the field of waste management. Transposition of the Waste Framework Directive has reached the extent of about 95%. Marked progress in this area in the transposition of the Directive on waste water sludge. Specifically, progress has to do with the Council of Ministers Decision "Requirements for use in agriculture of sludge of wastewater", which is sent to the Council of Ministers for consideration and approval by the end of 2014. This Decision will transpose the greater the provisions of this Directive. Transposition of the Battery Directive has progressed due to the adoption of Decision no. 866, dated 04.12.2012 "On the batteries and accumulators and their waste". The level of transposition is high, reaching approximately 90%. However, national legislation has not yet transposed the remaining six provisions of this Directive. Transposition of the directive on packaging waste was completed in 2012, with the adoption of the Law on Integrated Waste Management, in September 2011, and Decision no. 177/2012 "On the packaging and their waste", in March 2012. The adoption of the Decision no. 705/2012 "On the management of end of life vehicles", in October 2012, has significantly improved transposition of the relevant directive. The level of
transposition has reached 83%. The level of transposition ofthe new WEEE Directive (2012/19/EU) is at an early stage and the transposition rate of8% is the result of compliance with Directive 2002/96/EC, which is approximated by the Council of Ministers Decision No. 957, dated 19.12.2012 "On waste from electrical and electronic equipment." Transposition of the Landfill Directive that is in the range 98%. Only two provisions of the Directive (Article 2 and 14 (d)), remain to be transposed into national legislation.
Progress in transposition is achieved through the adoption of Decision "For landfill waste", in July 2012. Through the adoption of Decision 178/2012 "On the incineration of waste", the progress achieved in the transposition of Directive 2000/76/EC on the incineration ofwaste. Pursuant to the Law 10463/2011 "On the integrated waste management" is adopted Decision 765/2012 "On approval of rules for separate collection and treatment of used oils." Regarding waste management, the amendments made in October 2013 to the Law on Integrated Waste Management are not in line with the acquis. A national advisory body on waste arose in July. In October, a waste management committee was set up to plan and coordinate the implementation of policies in this area, but the capacity in waste management bodies remains very limited. Waste separation is almost non-existent and recycling rates are much lower. Most of the waste is still disposed of in an uncertain legal and illegal landfills, or incinerated. Waste management remains a serious cause for concern. Separation ofwaste is very limited and recycling remains rare. Most of the waste is still disposed of in an uncertain legal and illegal landfills, or incinerated. Medical hazardous waste are a major concern.
In the field of water quality, progress has been made in terms of transposition of the Water Framework Directive because of the adoption of the "Law for integrated water management", in November 2012. The "Law for Integrated Water Management", which was approved in November 2012 has transposed some provisions of the Directive of urban waste water. In the area of water quality for the management of integrated water entered into force in December. Water supply and sanitation
strategy has not been adopted yet. A new treatment plant water is put into operation at Shiroka (Lake Skadar), bringing the total number of functioning plants for treating sewage to five. Three other plants are completed, but are not yet operational and two are under construction. Implementation of the acquis in the field of water quality remains at a very early stage. In the field of water, water management was transferred to the Ministry of Agriculture, Water and Rural Development and the National Secretariat of Water Council was created. Important regulations for water use, according to the law for integrated water management, were adopted. The quality of bathing waters has improved in general, however, it remains unsatisfactory in rivers. Untreated wastewater is the main source of pollution. Efforts are needed to further expand the range of the test water of NEA. In March, Velipoje treatment plant was completed, but not yet operational. The number of operational plants remain so five.
The transposition of the Drinking Water Directive is at an advanced stage, we rate 80%. While transposition of the Nitrates Directive is in its infancy, with only 4 provisions of the Directive are transposed into national legislation. The Bathing Water Directive is fully transposed by the Council of Ministers Decision No. 797 "On Approval of sanitation regulations", "Management of bathing water quality", adopted in 2010.
In the field of nature protection, full transposition of the remaining provisions of the Wild Birds Directive will be completed after accession to the EU. The legislation transposing the Wild Birds Directive are the Law for the Protection of Wildlife, the Law on Hunting, Law on Protected Areas and the Order of the Minister for approval of the list of species subject to hunting in Albania. In the field of nature protection, in January, the parliament passed a law banning hunting, but hunting continues. Effective protection for certain protected areas should still be guaranteed. Illegal activities such as hunting, fishing, logging, extraction of natural resources and construction remain common in protected areas. In February, parliament approved an amendment to the international trade in endangered species of flora and fauna. Center for Research on Flora and Fauna now must be consulted before the trading li-
cense issued. A National Agency for Protected Areas and the Albanian coast Agency were set up. Effective protection for certain protected areas still need to be guaranteed. Investments in plants must comply with the obligations of protection of nature and especially for protected areas and areas of high value natural and to be carried out in accordance with the acquis, in particular, the assessment of environmental impact, the Water Framework Directive and Birds and Habitats Directives.
Progress has been made in transposing the Habitats Directive, which is in the range 86%. Progress has occurred due to the adoption of the Law no. 68/2014, dated 03.07.2014 "On some amendments to the law", "On the protection of biodiversity" no. 9587, dated 20/07/2006 ". Transposition will end after EU accession [5].
In the field of industrial pollution control and risk management, transposition of the Industrial Emissions Directive is thought to be around 44%, where the main progress was achieved in 2011 through the adoption of several laws. Most definitions of the Directive are transposed by Law no. 10448 dated 14.07.2011 "On Environmental Permits". Regarding Chapter II, III, IV and V of this Directive, important for transposition is the Law "On Environmental Permits". In addition to the law "On Environmental Permits", another important act to transpose the provisions of this Directive that have to do with waste incineration plants and co-incineration plants to landfill is Decision no. 178 dated 06.03.2012 "For the incineration of waste" [7]. In the field of industrial pollution control and risk management, the law that is transposing the EU Directive on control of major-accident hazards (Directive 'Seveso II'), has not yet been approved. Checks effective to reduce emissions of pollutants from industrial facilities are not yet in place. Self-monitoring by industry has rarely been applied. There were no developments in the field of environmental noise. In the field of industrial pollution control and risk management, the law transposing the EU Directive "On the control of major accident hazards" is not yet approved. Preventive measures are not implemented and the preparation of risk is not applied. Self-monitoring of emissions is not reliable. In October, a working group was organized to inspect and assess the envi-
ronmental compatibility of oil exploration companies. Best techniques available to guide compliance are not yet approved.
Full transposition of the acquis in the field of chemicals is planned for 2015. A framework law on chemicals management is not yet approved. A decision regulates the import of ozone-depleting gases (HCFC) over the coming years up to 2040 was revised in line with Albania's commitments under the Montreal Protocol.
Progress has been made as regards the transposition of the Environmental Noise Directive. The progress achieved in January 2013 due to the adoption of the Instruction no. 2, dated 7.01.2013 "On the indicators, evaluation methods, rules and technical requirements of the methodology for assessing noise levels, and for verification of interventions made to resolve and improve the situation". However, there are still some provisions that need to be transposed. With regard to environmental noise, a joint order of the Ministers of Transport and the Environment was adopted, which sets the rules for aircraft noise protection. He only partially transposes EU directives [6].
In the field of climate change, Albania has ratified the Vienna Convention and the Montreal Protocol, in October 1999, and is a member of the Convention of the United Nations Framework on Climate Change (UNFCCC), since January 1995. Albania has prepared two National Communications in 2002 and 2009, and has successfully finalized an appreciation for the preparation of the Third National Communication to the UNFCCC. In December 2004, the Government of Albania has ratified the Kyoto Protocol. By 2015, the Albanian Government has planned the implementation of a series of activities to address the issue of climate change. Regarding climate change, Albania associates itselfwith the majority of the official position of the EU in the international context [4].
It is also associated with the Copenhagen Accord, but has not yet put forward a commitment to mitigation by 2020. Albania needs to focus on the development and adoption of comprehensive climate policy and strategy in accordance with the expected policy framework for climate and energy of the EU 2030. Considerable efforts are needed to
fully integrate climate considerations in all relevant sectoral policies and strategies. No progress can be reported as regards alignment with the environment acquis. Priority should be given to the creation of monitoring, verification and reporting system for greenhouse gas emissions in accordance with the legislation of the EU Monitoring Mechanism's.
Albania has participated regularly in the work of the Accession Regional Network for Environment and Climate (ECRAN). For climate awareness at all levels remains low. Creating an inter-ministerial working group on climate change aims to improve cooperation between all stakeholders. Administrative and technical capacity of the environment sector remains limited, while the resources allocated and remain largely insufficient funding.
Priorities in the framework ofharmonization with the environmental acquis [2, p. 24].
Regarding the environment, in the field of horizontal legislation, some of the main priorities relating to (i) the full alignment of national legislation with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 "For assessment environmental consequences of certain plans and programs" and Directive no. 85/337/EEC "On the assessment of the effects caused on the environment by the activities of private and public", (ii) strengthen the implementation of environmental legislation, and (iii) ensuring properly to information and public participation in decision-making meeting obligations stemming from the Aarhus Convention.
Enactment of the Law "On air quality' and Regulations for "Air quality assessment" and criteria for several pollutants specified and complete approximation of EU legislation, are some of the main priorities in this area. Also, in order to improve the air quality, as priorities of the Ministry of Environment are also (i) drafting national plan and local plans of action to improve the air quality of the environment, (ii) strengthen the national system for monitoring the air urban and air emissions in line with European standards, (iii) strengthening cooperation with institutions of the line for the integration of air quality policies in their sectoral strategies.
Although they approved laws on waste management, as well as management plans are in Tirana, Lezha and Shkodra, improving integrated waste
management continues to be one of the main priorities of the work of the Ministry of Environment. Some of the priorities in this area separation ofwaste at source, increasing recycling, capacity building for waste management, the assimilation complete dumpsite in landfills unsafe and assimilation complete combustion of waste, construction of landfills by EU standards, the provision of facilities for hazardous waste, medical or construction, as well as providing new investments in terms of separation and recycling of waste.
In the area of water quality, the Ministry of the Environment have its priorities: (i) improving the legal framework through the drafting and adoption of bylaws pursuant to Law no. 111/2012, (ii) an assessment of the degree of the river basin as a result of the activities of entities that use river water and taking punitive measures, (iii) the creation of a national registry of water resources, and (iv) improving management of water resources in the basin and national level through the development of a national strategy of integrated management of water resources, development of management plans of two river basins (Drin-Buna and Seman) and electronic cadastre creation of national water resources.
In the field of nature protection, is important to work to guarantee (i) the protection ofprotected areas, (ii) application of the rules adopted in 2011 for the establishment of areas of special protection under the Bill 2000, (iii) taking measures to prevent illegal activities such as hunting, logging and illegal buildings in protected areas, and (iv) strengthening the administrative capacity of the inspectorates to fight these phenomena.
Regarding the field of industrial pollution, the management of risks and accidents are some of the main priorities relating to (i) the full alignment of national legislation with Directive 2010/75/EU ofthe European Parliament and Council dated November 24, 2010, to industrial emissions (prevention and integrated control of pollution), (ii) strengthening the rule of law to minimize and monitor industrial pollution, and (iii) ensuring proper information about industrial pollution and public participation in decision making the installations with an Environmental Permit, fulfilling obligations arising from the Aarhus Convention.
In terms of sound environmental policies, one of the main priorities in this area is to strengthen the implementation of the decisions of the task force set up to noise pollution in urban centers and coastal tourist areas.
In the field of chemicals, two of the priorities of the Ministry of Environment are full alignment with EU legislation in this field and the implementation of this legislation, and the establishment of a national system of integrated management of chemicals.
Regarding climate change, alignment complete with EU legislation that the drafting of the National Strategy and National Action Plan on Climate Change, the establishment of the national system of inventories in air emissions and greenhouse gases emissions, and strengthening cooperation with institutions of the line for the integration of climate change policies in their sector strategies, are some of the priorities in this area.
In the field of forestry, the Ministry of Environmental priorities have to do with (i) the approximation of national legislation fully with the EU in this area, (ii) development of a 10-year-old New Strategy for Forests and Pastures, and (iii) the National Forest Inventory [2, p. 25].
Conclusions
Albania should make continuous efforts to speed up the pace of transposition of legislation
with the EU and to implement effectively. Albania should take measures to meet environmental standards by the EU and to achieve the standards that other member countries of the EU in the environment. Lack of coordination between authorities and institutions has resulted in a chaotic situation where there is no progress because of the lack of clear responsibilities. Besides the transposition of the environmental acquis in the Albanian legislation is necessary to guaranteed the implementation of them. Also, it noted shortcomings in the absence of necessary infrastructure and staff, to engage with environmental problems. A problem encountered in Albania has to do with the lack of sufficient funds and thus it would be necessary to enhance the environmental fund, which will help in addressing environmental problems. There has been little progress in the field of environment and climate change. Further efforts are needed in all areas to strengthen the administrative capacity and to ensure the rule of law. Waste management is particularly weak and water and air quality is low. Overall, the resources remain limited and large investments are needed. Strategic planning should be established systematic. Overall, preparations in the field of environment and climate change are at an early stage.
References:
1. Raporti i Komisionit per Keshillin dhe Parlamentin Evropian per progresin e Shqiperise ne luften kunder korrupsionit dhe krimit te organizuar dhe ne reformen ne drejtesi" COM (2014) 331 final, date 04.06.2014.
2. Plani Kombetar per Integrimin Evropian, Mars 2015.
3. Pacara, E. dhe Kalemaj, I., (2010), "Perpjekjet e Shqiperise per te arritur kriteret mjedisore te BE-se dhe perceptimi publik", Instituti i Politikave Mjedisore, Tirane.
4. Comission Staff Working Document, Albania Progress Report, Brussels, 10.11.2015, SWD (2015) 213 final.
5. Comission StaffWorking Document, Albania Progress Report, Brussels, October 2014.
6. Comission StaffWorking Document, Albania Progress Report, Brussels, 16.10.2013 SWD (2013) 414.
7. Comission StaffWorking Document, Albania Progress Report, Brussels, 10.10.2012, SWD (2012) 334.
8. Faqja zyrtare e Ministrise se Integrimit, http://www.integrimi.gov.al
9. Instrument! per Asistencen e Para-anetaresimit (IPAII), Dokumenti Strategjik Indikativ per Shqiperine (20142020), miratuar me 18.08.2014.
10. Dokument Pune i Stafit te Komisionit Evropian, Progres Raporti 2014 per Shqiperine, Bruksel, me 8.10.2014, SWD (2014) 304 final proviso ire, [COM (2014) 700 final].
11. Kurs Trajnimi: "Aktoret negociues, aftesite e teknikat negociuese dhe lobizmi me BE ne kuadrin e MSA. Monitorimi i procesit te angazhimeve te marra", marre nga https://juristat.files.wordpress. com/2012/08/aktoret-negociues.pdf.
12. European Commission (1999), Commission Communication to the Council and European Parliament on the Stabilization and Association Process for Countries of South Eastern Europe, Brussels, May 26, 1999, COM (99) 235.
13. GZ L 77, 15.03.2014.
