Second Environmental Performance Review of Albania

26 Part I: Policymaking, planning and implementationfactual reasons either for imposing sanctions andissuing decisions or for their real consequences. From2005, such information is available along withinformation on subsequent action.The main types of violation are working without anenvironmental permit or working in non-compliancewith the permit. The consequences of decisions onfines vary from “paid” (i.e. paid within the legaldeadline) to “forgiven” (i.e. forgiven by the Ministerof Environment, Forests and Water Administration)and “burned” (which means expired). In some cases,orders for suspension were issued.Closure of an enterprise is possible only where theactivity is illegal. If an operator is working withoutan environmental permit or licence, the activity mustcease until a permit is issued, and a fine is leviedalso.The total number of inspections during the periodfrom January to September 2011 was 5,710. Anevaluation of the activities of EI reveals that its workhas improved compared with earlier years, but stillmuch remains to be done. There are manyinstallations which operate without environmentalpermits or do not undertake their activity incompliance with environmental permit requirements.The environmental inspection system is only partlyaligned with good practice. There is a lack ofadministrative capacity, in particular well-trainedstaff and appropriate equipment for properimplementation of the whole environmentalinspection cycle.2.4 Environmental permitting and assessmenttoolsThe main provisions on environmental permitting areset out in the 2011 Law on Environmental Protection.The procedures are stipulated in the 2003 Law onEnvironmental Impact Assessment, No. 8990.Environmental permitting, impact assessmentand licensingPermissions for activities with significant negativeimpact are approved at the central level, i.e. byMoEFWA, and activities with minor negative impactfall within the competence of REAs. Those activitieswhich require an environmental permission for theirdevelopment are listed in specific normative acts.Environmental permitting is based on theenvironmental impact assessment (EIA) process. Thenational EIA system follows common EIA practicebut without maintaining the typical features of thisassessment tool, which are that it is to be appliedonly to: (i) new activities; (ii) projects included in aspecial list of activities based on the lists from theEIA Directive, the Espoo Convention onEnvironmental Impact Assessment and the AarhusConvention on Access to Information, PublicParticipation in Decision-making and Access toJustice in Environmental Matters.Activities subject to EIA are industrial, constructionand trade, such as exploitation of inert materials,construction of roads, oil refineries, brick factories,petrol stations, bakeries, bars, cafes, restaurants anddisco clubs. There is no distinction made betweeninvestment proposals, projects, plans, programmesand strategies, and existing activities, facilities andinstallations. The EIA procedure applies to all ofthem. So the final document does not fulfil itspurpose. There are no conditions with threshold limitvalues for pollutants and emissions to air, water andsoil.At the end of the EIA process, based on the activitytype, one of three types of environmental permit isissued:• Integrated environmental permit (MoEFWAcompetence);• Environmental permit (MoEFWA competence);• Environmental consent or authorization (issuedby REAs).A permit is valid for a certain period of time – one,two or five years. Its validity is related tocommencement of the activity – issuing of the finallicensing document – or whether it is for new orexisting activity. The basic document for decisionmakingon environmental permission is the EIAreport prepared by independent environmentalexperts certified by MoEFWA or consultingcompanies licensed by the National Licensing Centre(NLC).Environmental permissions approved by MoEFWAare issued for activities listed in the 2003 DCM onthe Approval of the List of Activities with anEnvironmental Impact for which an EnvironmentalPermit is Needed, No. 805. The 2007 Instruction ofMoEFWA on the List of Activities withEnvironmental Impacts, Rules and Procedures ofApproval of the Environmental Authorization andConsent from REAs, No. 2, prescribes the activitiesthat are approved by REAs at the local level.The licensing process is centralized. The NLC, underMoETE, was established in 2009 to issue licences.