Second Environmental Performance Review of Albania

28 Part I: Policymaking, planning and implementationAlthough each application must be published on theNLC website, it is not available or does not exist yet.Within four days of receiving the necessarydocumentation, NLC transmits either scanned or hardcopies to MoEFWA for review (an internalprocedure) and final decision. After reviewing theapplication, MoEWFA communicates its decision toNLC. The decision may be: (i) refusing theapplication on the grounds that information ismissing or there is incorrect data, or (ii) approvingand issuing the necessary environmental permissionwith specific conditions. NLC then notifies theproject developer of the decision.Phase III: Technical review and decisionmakingby MoEFWAThe review and decision-making procedureconstitutes the environmental technical appraisalprocess for every application for environmentalpermission. After the application is transmitted fromNLC it is handled by the Department of EIA withinMoEFWA. Based on the project type, an applicationreceived from NLC may:• Be sent to the respective REA in the regionwhere the project is proposed, for final decisionin the case of environmental consent orauthorization if the project is listed under the2007 Instruction of the MoEFWA on the List ofActivities with Environmental Impacts, Rulesand Procedures of Approval of theEnvironmental Authorization and Consent fromREAs, No. 2;• Follow the MoEFWA internal review procedurein the case of an integrated environmentalpermit or environmental permit.The existing environmental permits do not meet therequirements to set emission norms and pollutionmanagement conditions. In practical terms, theconditions do not guarantee that the installations orfacilities comply with the emission standards.Criteria and requirements are somewhat general andrefer to relevant laws. Thus, the environmentalpermit conditions do not guarantee fullenvironmental protection.Procedure of approval for environmentalconsents or authorization (REAs’ competence)The 2002 Law on Environmental Protection givescompetence to MoEFWA to determine the lists ofprojects with local (minor) environmental impacts,which are approved by REAs. Based on thisprovision, MoEFWA has given some decisionmakingcompetencies to REAs. REAs are thenentitled to decide and issue environmental consentsor authorizations based on the project type.The 2008 DCM on Public Participation inEnvironmental Decision-making, No. 994, is thelegal basis for public participation in theenvironmental decision-making process. The DCMestablishes the public consultation procedure in theEIA process and obliges local governmentinstitutions to enable public access to the followingdocuments:• Summary of the project and EIA report preparedby the project developer;• Draft environmental permit;• Full copy of documents presented by thedeveloper, in order that members of the publicmay review all the details of the project.The local government must notify the public, for aperiod of at least 20 days, of where thedocumentation is available for examination, thetimeframe (not less than one month from thenotification date) within which members of thepublic can make comments, and the date and time ofpublic debate. Public notification of the consultationprocess is ensured through local radio and televisionoutlets, websites and periodical journals, if possible.The local government is obliged to publish the noticeat its notification stand.Not all these legal requirements are applied to allpermitting procedures – and not because of any legalprescription but because the legislation is infringed.This could be considered “decision as appropriate”rather than “decision on the legality”. Permittingdocuments may be appealed before the courtaccording to the Code of Administrative Procedures.Integrated pollution prevention and controlThe 2011 Law on Environmental Permittingtransposed the requirements of Directive 96/61/ECon Integrated Pollution Prevention and Control.Notwithstanding its adoption, there is no suchpermitting regime in Albania yet. Furthermore, thereis no list of installations for which such types ofpermits must be issued.Environmental auditEnvironmental audit does not exist in Albania andthere is no relevant legislation.Self-monitoringAccording to the legislation, operators are obliged tocontrol environmental emissions of their activities