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ASSESSMENT OF THE LEGISLATION AND OF THE CAPACITIES OF MAIN INSTITUTIONS FOR THE IMPLEMENTATION OF MINAMATA CONVENTION IN ALBANIA

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Page 1: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ASSESSMENT OF THE LEGISLATION AND OF THE CAPACITIES OF MAIN INSTITUTIONS FOR THE IMPLEMENTATION OF MINAMATA CONVENTION IN ALBANIA

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Project: Minamata Initial Assessment for Albania

Assessment of the legislation and of the capacities of main institutions for the implementation of Minamata Convention in Albania

Prepared by Lindita Tafaj Hajri

Tirana, August 2017

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Table of Contents

Abbreviations: ...................................................................................................................... 3

Introduction .......................................................................................................................... 5

Assessment of the existing Albanian legislation related to the implementation

of Minamata Convention and identification of gaps ............................................................ 6

International chemical conventions ..................................................................................... 6

EU acquis approximation in the Albanian legislation on chemicals ..................................... 6

Methodology for the analysis of the Albanian legislation related to Minamata Convention 7

Summary of findings of the analysis of the Albanian legislation related

to Minamata Convention implementation and related recommendations ......................... 7

Assessment of the capacities of the main institutions for the implementation

of the Minamata Convention in Albania ............................................................................ 13

Methodology and assessment process .............................................................................. 13

Analysis of institutions involved in mercury management ................................................. 13

Sources, supply and trade of mercury ................................................................................ 17

Mercury added products .................................................................................................... 17

Manufacturing processes where mercury or mercury compounds are used ..................... 19

Emissions to air and discharges to land and water ............................................................ 19

Temporary storage of mercury ........................................................................................... 20

Mercury waste .................................................................................................................... 20

Contaminated sites ............................................................................................................. 20

Resources and financial mechanisms ................................................................................. 21

Health aspects .................................................................................................................... 21

Exchange of information, awareness and education .......................................................... 22

Research, development and monitoring ............................................................................ 22

Conclusions and recommendations ................................................................................... 24

Annex 1: Policy and Regulatory Measures in Place and Remaining Gaps related

to Minamata Convention implementation ......................................................................... 27

Annex 2: Existing national capacities and related shortcomings ........................................ 59

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Abbreviations:

ASGM Artisanal and small-scale gold miningBAT Best Available TechnologyBEP Best Environmental Practices BREF BAT Reference DocumentsCCTC Chemicals Collection and Treatment CenterCLP Regulation (EC) No. 1272/2008 on the classification, labelling and

packaging of substances and mixturesCLRTAP Convention of Long Range Transboundary Air PollutionCoP Conference of the PartiesDCM Decision of Council of MinistersFNS Faculty of Natural SciencesGDC General Directorate of CustomsGDM General Directorate of MetrologyIFSV Institute for Food Safety and VeterinaryINSTAT Institute of StatisticsIOMC Inter Organisation Programme for the Sound Management of

ChemicalsIPEN International POPs Elimination NetworkIPH Institute of Public HealthMEI The Ministry of Energy and IndustryMIA Minamata Initial AssessmentMoE Ministry of EnvironmentMoH Mnistry of HealthNAMMD National Agency for Medicinal Products and Medical DevicesNEA National Environment AgencyBP Biocidal productPRTR Pollutant Release and Transfer RegisterREACH Regulation (EC) No 1907/2006 of the European Parliament and

of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals

SIEFW State Inspectorate of Environment, Forestry and WaterUT University of TiranaWEEE DCM on waste of electric and electronic equipment

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IntroductionMercury is a heavy metal that is present in nature. Exposure to mercury can affect the neurological development of the foetus and high levels of mercury in the blood are associ-ated with decreased fertility, brain and nervous damage, and heart disease in adults. Liquid mercury easily evaporates and can be transported to remote distance, where it can be deposited. It is bioaccumulated in the food chain, especially in aquatic organisms, posing a serious problem for food safety. Even in low concentrations, mercury poses a risk to health and the environment. While mercury releases for natural causes, such as volcanoes, are uncontrollable, the purpose of the Minamata Convention is to control the anthropogenic sources of mercury.

The Minamata Convention on Mercury has been named after Minamata, a city in Japan where an incident with serious health and environmental impacts occurred in the 1950s due to the discharges of methylated mercury in the Minamata Bay and the Shiranui Sea, Japan. As a result of the consumption of fish and other marine products where methyl mer-cury was bioaccumulated, thousands of people suffered from severe poisoning, more than 1700 died or suffered severe disabling and malformations.

This incident and other similar were the cause for launching efforts for an international agreement to protect the health and the environment from the effects of mercury.

The Minamata Convention was adopted by the Conference of Plenipotentiaries on October 10, 2013 in Japan, after discussions at five sessions of the Intergovernmental Committee. The Minamata Convention, hereinafter referred to as the Convention, entered into force on August 16, 2017.

Albania signed the Minamata Convention on Mercury on 09.10.2014, which was sanc-tioned through DCM no. 663, dated 08.10.2014, which approved in principle this Conven-tion. Within the Minamata Initial Assessment Project, Albania intends to speed up prepara-tions for the ratification of the Minamata Convention and the fulfilment of the obligations stemming from this ratification.

This report consists in identifying and assessing the existing relevant legislation and the ca-pacity in the country to address the obligations of the Convention and in identifying short-comings that need to be addressed before ratification.

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Assessment of the existing Albanian legislation related to the implementation of Minamata Convention and identification of gapsInternational chemical conventions Albania has signed the Minamata Convention on mercury on 09.10.2014.

Rotterdam Convention, Basel Convention and Stockholm Convention, are ratified by the Albanian Parliament through laws, in compliance with Article 122 of the Constitution of Albania, and so does the Convention of Long Range Transboundary Air Pollution and five protocols of CLRTAP. Two other protocols of CLRTAP are under procedure of ratification - Protocol on Persistent Organic Pollutants (POPs), and Protocol on Heavy Metals.

EU acquis approximation in the Albanian legislation on chemicalsRecently Albania has approximated at a great extent the EU chemicals legislation, including REACH and CLP. The obligation of Albania for the approximation of the Albanian legisla-tion on the environment with the EU derives from the Article 108 of the Stabilisation and Association Agreement between the European Union and Albania. The recently approved chemicals legislation is listed below:

- Law No. 27/2016 on chemicals management, of 17.03.2016;

- Decision of the Council of Ministers (DCM) No. 488 of 29.6.2016 “on the classifica-tion, labelling and packaging of chemicals;

- Decision of the Council of Ministers No. 489 of 29.6.2016 “on the approval of the list of substances of very high concern (SVHC) and of the criteria for the inclusion of the substances in the SVHC list, and of the issuing of a conditioned authorization for continuing the use of SVHCs;

- Decision of the Council of Ministers No. 665 of 21.9.2016 “on the export and im-port of hazardous chemicals”.

It is also prepared the draft of a DCM “On the restrictions of the manufacture, placing on the market and use of certain hazardous chemicals and articles”.

The adoption of the Regulation (EC) No. 1102/2008 of the European Parliament and of the Council “On banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury” is foreseen in the National Plan for the European Integration 2016-2020, approved with the Decision of Ministerial Council No. 74, of 27.1.2016, as part of approximation of the Albanian legislation with the acquis commu-nautaire on chemicals. In the case there is already a new proposal for a regulation on the mercury, which will repeal the Regulation (EC) No. 1102/2008, the position of Albania is to go for the most recent version.

Information on other relevant legislation related to chemicals at all stages of lifecycle can be found in the National Profile of Chemicals Management, update of 20121.

1 http://chemicals.al/doc/profili_kombetar_en_2012.pdf

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Methodology for the analysis of the Albanian legislation related to Mina-mata Convention

The outlook and methodology of this assessment of the existing Albanian legislation re-lated to the implementation of Minamata Convention is based on the IOMC Minamata Initial Assessment Report Suggested Structure and Contents, May 20162 and on the NRDC Checklist of legal authorities to implement Minamata Convention on Mercury3.

A table is prepared for each article of the Convention, putting together and comparing the requirements of the Convention with the relevant legislation in place in Albania. At the final row of each table, a comment/conclusion is made on the relevant legislation, how far it fulfils the requirements of the Convention (and EU draft Regulation on mercury) and re-maining gaps. The respective tables are given at the Annex 1. to this report. The summary of the findings of the analysis of the Albanian legislation relevant to Minamata Convention is given below.

Summary of findings of the analysis of the Albanian legislation related to Minamata Convention implementation and related recommendations

The findings of the analysis of the Albanian legislation relevant to Minamata Convention are summarised below. These findings and the recommendations for filling the identified gaps are listed according to the relevant Article, while the detailed analysis for each Article can be found at the Annex 1 to this report, as mentioned above.

ARTICLE 3 - MERCURY SUPPLY SOURCES AND TRADE

There are no known existing or new primary mercury mining or stocks of mercury or mer-cury compounds exceeding 50 metric tons (MT), and mercury supply generating stocks ex-ceeding 10 MT/yr in Albania. This is a preliminary statement, which needs to be confirmed by the mercury inventory.

Some provisions related to import and export of mercury and some mercury compounds are already covered by the Law No. 10 277, dated 13.05.2010 on the accession of the Re-public of Albania to the Rotterdam Convention “On the procedure of prior informed con-sent for some hazardous chemicals and plant protection products in international trade” and DCM Nr. 665, dated 21.09.2016 on import export of hazardous chemicals.

Rules for banning the export of metallic mercury, compounds and certain mercury mixtures, safe storage of metallic mercury and specific criteria for the storage of metallic mercury considered as waste are planned to be prepared under the Law No. 27/2016 On chemicals management, dated 17.03.2016. These rules and criteria will be developed in compliance with the proposed Regulation of the European Parliament and of the Council on Mercury and repealing Regulation (EC) No 1102/2008 and according to the requirements of Mina-mata Convention.

2 UNDP: Minamata Initial Assessment Report- suggested structure and content, May 2016. 3 https://www.nrdc.org/sites/default/files/int_15101301a.pdf

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ARTICLE 4 - MERCURY-ADDED PRODUCTS

With respect to part I of Annex A ”Mercury added products” of Minamata Convention re-garding the phase-out of the manufacture, import or export of mercury containing prod-ucts, some provisions on mercury content in batteries and accumulators are in place in Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”.

Some provisions related to the mercury containing electrical components and fluorescent lamps are in place from DCM No. 957 of 19.12.2012 “On the waste of electrical and elec-tronic equipment”. These provisions are mostly related to the waste management of these components, including the proper labelling, and promote the replacement of heavy metals with suitable alternatives.

Ministry of Environment has prepared a Draft DCM on the restrictions on the manufacture, placing on the market and use of certain hazardous chemicals and articles, which fully ap-proximates Annex XVII of REACH Regulation 1907/2006. This draft DCM is to be adopted soon. At Annex 1 of this draft, chapter 1: “List of banned and restricted substances”, are included mercury compounds, mainly as biocidal products and mercury in measuring devices, such as thermometers, manometers, etc. (See Annex 1 to this assessment, point on Article 4)

Pesticides (plant protection products) undergo a registration process in Albania before being imported or put on the market. Only pesticides containing active ingredients allowed in EU are allowed to be registered in Albania. A similar situation is for biocidal products, which legislation is under revision. Yet, an explicit ban of mercury containing pesticides and biocides, similarly with the one required by the Minamata Convention and the Proposal for a Regulation of the Eu-ropean Parliament and of the Council on mercury and repealing Regulation (EC) No 1102/2008 could be part of the legal measures for the implementation of Minamata Convention

With respect to part II of Annex A ”Mercury added products” on measures to be taken to phase down the use of dental amalgam, it was not found any legislation in place in Alba-nia on dental amalgam. Based on the mercury inventory, it is needed the preparation of provisions to phase down the dental amalgam. Depending on the results of the inventory, as a minimum, could be considered the measures provided by the proposed Regulation of the European Parliament and of the Council on Mercury and repealing Regulation (EC) No 1102/2008, that are the use of dental amalgam only in encapsulated form and that dental facilities be equipped with amalgam separators to retain and collect mercury containing amalgam residues.

Rules for reducing mercury in products are planned to be prepared under the Law No. 27/2016 “On chemicals management” of 17.03.2016, in compliance with the proposed Regulation of the European Parliament and of the Council on Mercury and repealing Regu-lation (EC) No 1102/2008 and according to the requirements of Minamata Convention.

ARTICLE 5 - MANUFACTURING PROCESSES IN WHICH MERCURY OR MERCURY COM-POUNDS ARE USED

Law no. 10448 of 14.7.2011 “On the environmental permitting” establishes measures for permitting the operation of certain groups of polluting activities, measures designed to pre-vent or, where that is not practicable, to reduce emissions to the air, water and land from such activities, including measures concerning waste as well.

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Albania planes to prepare relevant legal acts and the national action plan on mercury ad-dressing the above listed provisions and other requirements of the Convention, including also the prohibition of any mercury use in those industrial processes (Annex B) to meet all Convention obligations related to such processes under Article 5.

ARTICLE 7 – ARTISANAL AND SMALL-SCALE GOLD MINING

It was not found any ASGM related legislation in Albania.

ARTICLE 8 - EMISSIONS

Albania has in place the legislation addressing the emissions to the air. Law no. 10448 of 14.7.2011 “On the environmental permitting” revised, which establishes measures for per-mitting the operation of certain groups of polluting activities, measures designed to prevent or, reduce emissions to the air, water and land from such activities, including measures concerning waste. According to the law on environmental permitting, the industrial opera-tors have the obligation to monitor and report the environmental emissions of their activi-ties based on the conditions set in the respective environmental permit. Article 5 of this law foresees the preparation of Best Available Technologies (BAT) in Albanian language according to the EU BAT Reference Documents (BREF-s) or other reference documents for the specific activities in the country.

Albania has ratified the Convention on Long-Range Transboundary Air Pollution and has par-tially transposed the Regulation of the Council and the European Parliament EC/166/2006 on the European Pollutant Release and Transfer Register amended by Regulation 596/2009. In frame of these international commitments, as well as in frame of IPA 2013 project “Tech-nical Assistance for Institution Building of the Ministry of Environment in Enforcing Envi-ronmental and Climate Acquis (IBECA) “, a Draft Ministerial Guidance on BAT for cement manufacture and other industries will be prepared.

Best available techniques/best environmental practices (BAT/BEP) taking into account any difference between new and existing sources listed in Annex D of the Minamata Convention (coal-fired power plants, coal-fired industrial boilers, non-ferrous metal smelting and roast-ing processes, waste incineration, and cement production) will be adopted by Conference of the Parties at its first meeting, according to point 8 of Article 8 of the Convention. These, together with the support in determining goals and setting emission limit values will be a big help for Albania from the Convention.

ARTICLE 9 - RELEASES

Albania has in place the legislation addressing the releases of the pollutants. Law no. 10448 of 14.7.2011 “On the environmental permitting”, revised, establishes measures for permit-ting the operation of certain groups of polluting activities, measures designed to prevent or, where that is not practicable, to reduce emissions to the air, water and land from such activities, including measures concerning waste as well.

Article 5 of the law 10448 of 14.7.2011 foresees the preparation of Best Available Technolo-gies (BAT) in Albanian language according to the EU BAT Reference Documents (BREF-s) or other reference documents for the specific activities in the country.

The legislation on the integrated pollutant release and transfer register is in place in Alba-

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nia. DCM no. 742 of 9.9.2015 “ On functioning and management of the PRTR, and approval of the list of activities and pollutants that are subject to this register...” establishes the in-tegrated pollutant release and transfer register (PRTR) in Albania in the form of a publicly accessible electronic database.

CoP will adopt guidance on (a) BAT/BEP, taking into account any difference between new and existing sources and the need to minimize cross-media effects, and on (b) the method-ology for preparing inventories of releases. These guidance documents need to be taken into consideration and adopted in the national legislation / discharge norms.

ARTICLE 10 – ENVIRONMENTALLY SOUND INTERIM STORAGE OF MERCURY, OTHER THAN WASTE MERCURY

According to the Law No. 27/2016 of 17.03.2016 “On chemicals management”, it is stipu-lated that rules for the safe storage of metallic mercury will be approved by the Council of Ministers.

The above-mentioned rules can be based on the guidelines on environmentally sound interim storage of mercury and mercury compounds intended for an allowed use (for a Party), which will be adopted by CoP taking into account relevant guidelines under Basel Convention (point 3 of Article 10 of the Convention).

ARTICLE 11 – MERCURY WASTES

In the Albanian Law No. 10 463 of 22.9.2011 “On integrated waste management” it is given the definition of temporary storage, and are given the bases for the proper temporary stor-age of hazardous waste. Technical rules for packing and labelling of hazardous waste in the process of collection, transport and temporary storage are to be approved by a DCM.

According to the Law No. 27/2016 “On chemicals management”, it is predicted that specific criteria for the storage of metallic mercury considered as waste will be approved by the Council of Ministers.

The rules for mercury waste management can be based on the guidelines on environmen-tally sound management of mercury waste which will be reviewed and updated from the CoP in close cooperation with the relevant bodies of Basel Convention (point 4 of Article 11 of the Convention).

ARTICLE 12 – CONTAMINATED SITES

In Albania there is already in place the legal basis for the prevention of new environmental hotspots, as well as for addressing the responsibility on the pollution, for the rehabilitation of polluted sites and for costs.

Law No. 10 431, of 9.6.2011 “On environmental protection” according to the principle “the polluter pays” defines the obligations and responsibilities of the new waste producers, in order to avoid the creation of new hotspots of the process industries.

CoP shall adopt guidance on site identification and characterization, engaging the public, human health and environment risk assessment, options for managing the risks, evaluation of benefits and costs and validation of outcomes.

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This guidance needs to be taken into account when developing the national action plan on identifying and assessing contaminated sites from mercury and its compounds and on related risk management.

ARTICLE 13 – FINANCIAL RESOURCES AND MECHANISMS

As for the access to financial resources available under the Convention financial mecha-nism, since July 2016 UNDP- Albania has started the implementation of the current project “Minamata Initial Assessment for Albania” with the financial support of the Global Environ-ment Fund (GEF).

ARTICLE 14 – CAPACITY BUILDING, TECHNICAL ASSISTANCE AND TECHNOLOGY TRANS-FER

There are provisions for capacity building in areas related to the Convention Implementa-tion, like environment, health care, but there is no specific legislation in place in Albania on capacity building and technical assistance on implementation of Minamata Convention. Based on the capacity assessment that will be carried out in frame of this MIA project, ca-pacity building will be planned as part of Minamata Action Plan.

ARTICLE 16 – HEALTH ASPECTS

Following the results of mercury inventory, which will be prepared in frame on Minamata Initial Assessment, the compilation of a strategy and relevant action plan to identify and protect populations at risk regarding mercury and its compounds, particularly vulnerable populations may emerge as a need; developing health guidelines on exposure reduction, setting targets for Hg exposure reduction and public education would be of great value.

Obligations of the employer for the education and information of employees on the oc-cupational hazards at workplace and on preventive measures are already required by the Law No. 10 237 of 18.2.2010 “On the safety and health at work” and the deriving Decisions of Council of Ministers , e.g. DMC on Chemical Agents at workplace. Exposure Limit Values for mercury and divalent inorganic compounds of mercury including mercuric oxide and mercuric chloride (measured as mercury) at the workplace are given at Annex I of this DCM.

Although it is established a system for the continuing professional education of human resources in health care system, it is needed to strengthen the institutional and health professional capacities for the prevention, diagnosis, treatment and monitoring of health risks related to the exposure to mercury and its compounds. This action can be particularly necessary in the area near former soda alkali plant in Vlora, where the pollution might yet be relevant (the results of mercury inventory can confirm this proposal).

ARTICLE 17 – INFORMATION EXCHANGE

There is a general provision at point 1 of Article 32 “Information system for chemicals” of the Law No. 27/2016 “On chemicals management”, 17.03.2016 on the exchange of infor-mation with international institutions on chemicals, which is based on the provisions of the agreements ratified by the competent authority of the Republic of Albania.

There are also provisions on information exchange in frame of other Chemical Conventions ratified by Albania. Yet, a specific information exchange for the Minamata Convention is

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needed and it is a requirement of the Convention that a national focal point should be des-ignated for this purpose.

ARTICLE 18 – PUBLIC INFORMATION, AWARENESS AND EDUCATION

Law No. 27/2016 On chemicals management, of 17.03.2016, Law No. 10 431, of 9.6.2011 ”On environmental protection”, Law No. 119/2014 of 18.09.2014 “On the Right of Informa-tion”, Law No. 146/2014 of 30.10.2014 “On public informing and consultation”, Law No. 8672, of 26.10.2000 “On adhering of Albania in Aarhus Convention” offer an adequate bases regarding the right to know, transparency, and require public authorities to promote information, awareness and educate the public about environmental protection and sus-tainable development, potential risks from the use of hazardous chemicals, etc.

Law No 10 431, of 9.6.2011 “On environmental protection” asks for support and organiza-tion of education and training for environmental protection and sustainable development, through the educational system, scientific research, forms of learning of the education and training throughout life.

ARTICLE 19 – RESEARCH, DEVELOPMENT AND MONITORING

Chapter VI “Environmental monitoring” of the Law No. 10 431, dated 9.6.2011 “On Environ-mental Protection” stipulates that the monitoring of the state of the environment includes monitoring the impact of environmental pollution on human health. National Environment Agency prepares annual programs of environmental monitoring, which includes heavy met-als.

The same law asks for support and organization of education and training for environmen-tal protection and sustainable development, through the educational system, scientific re-search, forms of learning of the education and training throughout life.

The research and monitoring as per Article 19 of the Convention need to develop further.

ARTICLE 21 – REPORTING

Reporting to the CoP through the Secretariat on the measures taken to implement the pro-visions of the Convention is an obligation and shall be provided according to the time and format that will be decided by the CoP.

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Assessment of the capacities of the main institutions for the im-plementation of the Minamata Convention in Albania

Methodology and assessment process

Based on the terms of reference published by UNDP Albania for “National expert on assess-ment of policy and national capacity under the “Minamata Initial Assessment for Albania”, a methodology was developed for capacity assessment, which purpose was to identify rel-evant Institutions and other stakeholders in the country and to assess their existing capaci-ties versus those needed for the implementation of the Minamata Convention.

Based on the proposed methodology, capacity assessment started with a meeting of stake-holders, which took place on June 14 at Tirana International Hotel. The purpose of the meeting was to acquaint participants with the obligations and requirements of the Mina-mata Convention, to familiarize them with the methodology of capacity assessment for its implementation and to receive opinions on this methodology.

A questionnaire based on the requirements of the Minamata Convention was used as a primary tool for collecting basic information on national capacities on mercury manage-ment. The questionnaire was reviewed at the above-mentioned introductory meeting with representatives of relevant institutions and organizations and was distributed via electronic mail to 49 institutions and organizations. Questionnaires were completed by 20 institutions / organizations. The data obtained from the questionnaires, in cases of need, were supple-mented or clarified through direct communication with the persons who had completed them. The results obtained are summarized in this report. Based on the institutional analy-sis and suggestions from the participants in this activity, the relevant recommendations were also prepared.

Annex 2 of this report, based on the IOMC publication - Minamata Initial Assessment Re-port - Proposal of structure and content, May 20164, presents the functions of institutions / organizations according to the articles of the Convention in a summarized way.

Analysis of institutions involved in mercury management

According to Law 27/2016 “On the management of chemicals”, cooperation between min-istries, customs and inspectorates is required; this is a natural requirement, given the multi-disciplinary nature of chemicals management. In order to enable the cooperation of the in-stitutions involved in the management of chemicals, the law requires the establishment of an Inter-Sectoral Committee on Chemical Safety, which acts as an advisory forum for policy coordination and decision-making, exchange of information and mutual control without a mandate for binding decision-making. The committee has not yet been established.

In the framework of the preparations for the ratification of the Minamata Convention, with the aim of providing institutional and administrative support for the implementation of the

4 IOMC (Inter-Organization Programme for the Sound Management of Chemicals): Mina-mata Initial Assessment Report- suggested structure and content, May 2016.

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project, by the Order of the Minister of Environment Nr. 106, of 20.05.2016 “On the estab-lishment of the Steering Committee for Minamata Initial Assessment Project in Albania” was established the respective Committee as a supervisory body for the implementation of the project with representatives of the Ministry of Environment, Ministry of Agriculture, Rural Development and Water Administration, Ministry of Energy and Industry, Ministry of Economy, Trade, Tourism and Entrepreneurship, Ministry of Finance, Ministry of Health, National Environment Agency, Faculty of Natural Sciences (FNS) and Civil Society.

This Committee has all the capacity to initiate political discussions and define the national strategy and concrete steps for the ratification of the Minamata Convention.

A summary of the institutions and other organizations involved in various fields of mercury management is given in Table 1:

Table 1: Stakeholders involved directly or indirectly in various aspects related to mercury

Category Main possible uses Stakeholders1. Sources,

supply and trade

Import and use The General Directorate of CustomsMinistry of Energy and IndustryMinistry of EnvironmentMinistry of Economic Development, Tourism, Trade and EntrepreneurshipInstitute of Statistics (INSTAT)

2. Products with added mercury

The use of mercury in ther-mometers, sphygmomanome-ters, barometers, hygrometers, manometers

Possible pharmaceutical uses

Vaccins

Ministry of Health (Directorate of Hospitals, Directorate of Pharma-ceuticals, Directorate for Cosmetic Products)National Agency of Medicines and Medical DevicesThe General Directorate of CustomsAdministration of hospitalsMinistry of Environment

Batteries, except as specified in Part I of Annex ASwitches and Relays as speci-fied in Part I of Annex ACompact fluorescent lamps and linear fluorescent lampsHigh pressure mercury vapor lampsCold cathode Fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for electronic screens

Ministry of EnvironmentThe General Directorate of CustomsMinistry of Economic Development, Tourism, Trade and EntrepreneurshipChambers of Commerce and IndustryMarket Surveillance Inspectorate (safety of non-food products)General Directorate of Metrology

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Category Main possible uses StakeholdersPossible uses in cosmetics Ministry of Health

Importers of cosmetic productsState Health Inspectorate

Possible uses in paints (eg anti-fouling paint)

Ministry of Health (Biocidal prod-ucts)Ministry of EnvironmentThe General Directorate of CustomsMinistry of Transport and Infrastruc-tureChambers of Commerce and Industry

Dental amalgam Ministry of Health Association of Albanian Dental Dis-tributorsSuppliers of dental materialsDental clinics

3. Manufactur-ing process-es where mercury or mercury compounds are used

Ministry of Energy and IndustryMinistry of EnvironmentNational Environment Agency

4. Emissions and dis-charges

PRTR Ministry of EnvironmentNational Environment Agency

5. Mer-cury waste Temporary storage of mercury

Ministry of Energy and IndustryMinistry of EnvironmentNational Environment Agency

6. Contami-nated sites

Former Soda Factory - Vlora Ministry of EnvironmentMinistry of Energy and IndustryMunicipality Vlorë, Regional Health Directorate Vlorë

7. Health as-pects

Ministry of HealthInstitute of Public HealthRegional Health Directorate Vlorë

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Category Main possible uses Stakeholders8. Monitoring,

researchNational Environment Agency UT/ Faculty of Natural SciencesAlbanian Geologic Service

9. Exchange of information, informa-tion, public awareness

Ministry of EnvironmentMinistry of HealthEDEN CentreREC- Regional Environmental CentreOther NGOsInstitute of Public Health

The most important institutions in Albania regarding the aspects of implementing the Minamata Convention are as follows:

Ministry of Environment (MoE) established in 2001 drafts national environmental strate-gies and policies; MOE is the competent authority that drafts legislation on chemicals man-agement, as well as relevant policies and action plans. The MoE is the focal point for the Stockholm Convention, the Rotterdam Convention, the Basel Convention, the Minamata Convention and the Long Range Transboundary Air Pollution Convention (CLRTAP). Law no. 27/2016, of 17.03.2016 “On the management of chemicals” plans the preparation by the MoE and the adoption of rules for the ban on export of metal mercury, compounds and some mercury mixtures, for safe storage of metal mercury, and specific criteria for the stor-age of metal mercury considered as waste.

In accordance with the law no. 27/2016 “On chemicals management”, at MoE was estab-lished in 2016 the Chemicals Office as a central public institution. The Chemicals Office has a range of responsibilities, such as the preparation of legal acts of the law on chemicals, law enforcement surveillance, inter-institutional coordination and international cooperation on chemicals management, the establishment and maintenance of the national chemicals reg-ister, authorization of the use of hazardous substances, helpdesk information for producers, importers, users for their responsibilities and obligations under this law, etc. The Office is also responsible for meeting the obligations of other conventions and international agree-ments on chemicals management (Stockholm Convention, Rotterdam Convention, and CLR-TAP Protocols).

The National Environmental Agency (NEA) was established in 2014, pursuant to Law no. 10431, of 9.6.2011 “On environmental protection”. NEA is a central public institution, independent in decision-making, exercising jurisdiction throughout the territory of Albania. NEA is the compe-tent authority for determining the conditions for the respective environmental permits, and has, inter alia, these functions: the drafting of the national environmental monitoring program and the monitoring of the state of the environment, the preparation and publication of annual reports on the state of the environment; conducting environmental pollution measurement ser-vices; establishment and management of the environmental information system; establishment and management of the Pollutant Release and Transfer Register; providing environmental infor-mation to the public involved in the environmental decision-making process.

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The Ministry of Energy and Industry (MEI) administers natural resources in the country and defines the policies related to them. MEI is the competent authority for licensing activities related to chemicals classified as hazardous.

The General Directorate of Customs (GDC) under the Ministry of Finance is responsible for controlling and enforcing rules related to import and export.

The Ministry of Health (MoH) is the competent authority for drafting primary and second-ary legal acts in the field of health care. The MoH is responsible for obtaining information on the safety and risks of hazardous chemicals for the purpose of drafting preventive cura-tive measures, especially in cases of health emergencies. This ministry has a network of institutions at the center and base: Public Health Directorates in 24 districts and Regional Health Directorates in 12 districts.

Sources, supply and trade of mercury

There are no mercury stocks exceeding 50 tonnes and there are no supplies or industrial processes that generate mercury stocks under the responsibility of the Ministry of Energy and Industry, besides the former Soda-PVC landfill. According to MEI, there is no import or export of mercury to or from the Republic of Albania. There is no mercury source in Alba-nia; some sporadic cases in the Koman region were evidenced by geological studies of the 70s to 80s but these cases were not considered as sources due to the insignificant amount of mercury in them.

According to DCM no. 665, dated 21.09.2016 “On the export and import of hazardous chemi-cals”, the General Directorate of Customs should report annually to the Chemicals Office the previous year’s data on the import and export of hazardous chemicals. Even exporters and importers should report to the Ministry of Environment each year the imported and exported quantities of hazardous chemicals. GDC owns a database of sources of supply of chemicals.

There is currently no monitoring for imported or exported mercury quantities, but the Na-tional Environment Agency, as the case may be, requires information from GDC regarding mercury trade. The data serve to draft the Environmental Status Report.

Mercury added products

The Ministry of Environment will draft legislation regarding the prohibition of the produc-tion, import and export of mercury products listed in Part A of Annex A of the Minamata Convention, as well as for the gradual elimination of the use of dental amalgam and dis-couragement of production and distribution of new products of mercury, as foreseen in Law no. 27/2016 of 17.03.2016 “On the management of chemicals”.

There are no companies manufacturing mercury-added products in Albania; it can be men-tioned the existence of some battery recycling plants.

There is currently no monitoring for mercury import or export, but theNEA, as the case may be, requires information from the GDC regarding mercury trading.

The capacity to control the implementation of the relevant legislation is very low regarding this specific.

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The Ministry of Health is the competent authority for drafting the legjislation in the field of health care, among which on dental services and cosmetic products. Also, MoH issues trade authorization for medical devices and import authorization for biocide products. MoH ca-pacities regarding the evaluation and authorization of biocidal products are limited and so far it has no experience with e.g. antifouling paints, which may also contain mercury. It is needed the building of the capacity of the relevant staff. The secondary legal basis to en-able the implementation of the Law 95/2015 “On Biocide Products and Services in Public Health” regarding the assessment of BP and their authorization is not yet approved.

Pursuant to point 2 of Article 13 of Law no. 26/2017 for cosmetic products should be ap-proved by DCM a list of prohibited or restricted substances for cosmetic products.

Secondary legislation on cosmetic products and biocidal products needs to be completed and State Health Inspectorate needs to be informed and built on new legal requirements for cosmetic products, biocidal products and medical devices.

The National Agency for Medicines and Medical Devices (NAMMD) is an institution under the Ministry of Health specialized in the analysis, registration, control of medicines and inspection of pharmaceutical activities and registration of medical devices. There is no da-tabase for previously imported mercury containing medical equipment that can be stocked in stockpiles and there is no report on mercury content. A special inspectorate has been set up for the medical devices under Law 89/2014 “On Medical Devices”.

Dental amalgam continues to be imported, although its use seems to be limited.

The Institute of Public Health (IPH) has limited capacities regarding the evaluation of bio-cidal products. These capacities are sufficient for estimating BPs used in public health, such as insecticides, rodenticides or disinfectants, but not for the evaluation of other types of biocidal products, such as antifouling dyes, which potentially may also contain mercury.

The Market Surveillance Inspectorate contains a sector that, among other things, is respon-sible for controlling the implementation of legislation on the safety of non-food products.

The General Directorate of Metrology performs the calibration / verification of instruments / measuring devices, namely mercury thermometers and possesses several thermometers (10 pieces) that are used for laboratory measurements. Almost all the temperature labs in the GDM, which are mainly testing laboratories of food products, thenvironment, etc., have glass mercury-based thermometers in use.

As far as mercury barometers are concerned, GDM does not have any information if such equipment is in use in Albania. So far DPM did not have any requests to calibrate or verify such equipment.

The role DPM can play in this process is of informative character, informing its clients of the Minamata Convention’s requirements regarding mercury-containing products in order to remove thermometers or other mercury containing devices (barometers, etc.) and substi-tute them with other alternatives.

In the INSTAT database on foreign trade by products, product groups that may be related to mercury are “Chemical and Plastic Products” and “Machinery, Equipment and Spare Parts”, which do not enable any guess about the quantities of certain chemicals.

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The Association of Albanian Dental Distributors seems to have had no communication with MoE about the issue of amalgam discharge of dental clinics. In dental clinics, the use of amalgam separators should be included. It is necessary to set national targets aimed at preventing dental caries and promoting health, minimizing the need for tooth restoration, and promoting the use of best environmental practices in dental facilities to reduce mer-cury and mercury discharges into the water and land.

Generally, there is a lack of knowledge and awareness about the health and environmental problems of mercury in products.

Manufacturing processes where mercury or mercury compounds are used

The Ministry of Energy and Industry is the competent authority for licensing activities re-lated to chemicals classified as hazardous. During the process of imposing restrictions on the use of hazardous chemicals, MEI has a coordinating and consultative role with business and other stakeholders for the optimum development of the manufacturing industry in environmentally friendly conditions.

After the 90s, the former Soda-PVC plant in Vlora was closed and cleaned-up, and in the industrial processes of enrichment of chrome and copper mercury it is no longer used.

The National Environmental Agency as the institution that prepares environmental permits has information on industrial activities in the country, but does not have a list of activities related to mercury in particular.

There is no small scale gold mining activity (ASGM) in Albania, so there is no need for capac-ity building for this purpose.

Emissions to air and discharges to land and water

With regard to mercury air emissions and discharges to land and water, the Ministry of Environment drafts legislation and policies on emissions control / reduction and use of best available techniques and best environmental practices (BAT / BEP) or emission limit values (ELVs) for new sources. The implementation of BAT / BEP is a requirement of the applicable law on environmental permits. MM establishes the national system for air discharges and coordinates the work with NEA for reporting to the LRTAP Convention.

NEA monitors the environment and issues environmental permits for industrial activities. Within the Long Range Transboundary Air Pollution Convention (CLRTAP), an inventory of heavy metal discharges, including mercury emissions for the period 1990-2015, was devel-oped based on the EMEP methodology. Within the PRTR there is a national database for discharges in water and land reported by industrial operators.

NEA performs monitoring as well as analyzes and reports the data. The data are reported to CLRTAP, the European Environment Agency and are included in the National Environ-ment Report. The PRTR Register is managed by the National Environmental Agency and is expected to become visible to the public in September 2017.

Pursuant to the PRTR Convention, are specified the types of activities that have to report on mercury releases and its compounds (as Hg) on land, air and water. So far, despite the legal

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obligation to report, only a very small number of operators report discharge data. Capaci-ties of industrial operators related to the control of mercury discharges are low.

The National Environment Agency still has low technical capacity to address mercury emis-sions to the air, water or land during setting environmental permit conditions as well as regarding emissions inventories and mercury emissions.

The Environmental Inspectorate is the competent authority for controlling the environmental permit conditions, including the obligation to report emissions to waters and land. The ca-pacities of the Environmental Inspectorate and industrial operators related to controlling the emissions of mercury and controlling the implementation of the relevant legislation are low.

Temporary storage of mercury

The MoE will develop national legislation and policies regarding the temporary storage of mercury and its compounds taking into account relevant guidelines developed under the Basel Convention and the additional requirements for temporary storage that may be ad-opted by the Conference of the Parties of Minamata Convention.

Mercury waste

Legislation related to integrated waste management has been prepared by the Ministry of Environment under EU directives. To date, there is no sub-legal act specifically designed for mercury waste management.

(Hazardous) Chemicals Collection and Treatment Center (CCTC) is a MEI subordinate insti-tution established by DCM no. 843, of 14.10.2015, “On the closure of the Industry-Mining Supply Enterprise (NFIM) and the Establishment of the Hazardous Chemicals Collection and Treatment Center. CCTC is the former NFIM, which since 2005 has served as a storage site for some of the hazardous chemicals inherited from the former industry prior to the 1990s, of those found in MEI’s dependent facilities and former industries of that period, currently under the jurisdiction of MEI on the status of enterprises in liquidation until their full priva-tization.

Former Nitrogen Fertilizer Enterprise, Fier, in liquidation, monitors two landfills with haz-ardous waste (Arsenic Waste Landfill, Fier and Mercury Waste Landfill, Vlora). Funding for the maintenance and storage of Mercury Waste Landfill in Former Soda PVC is made by the State Budget through MEI budget planning.

NEA is responsible for the transfer of waste, including hazardous waste. Since 2015, waste transfer registers have been established. There is no national data base on mercury waste management.

Laboratories at the Department of Chemistry of FNS of the University of Tirana and other laboratories use mercury-based chemicals or have limited amounts of mercury or its salts from previous uses. Work has to be done to ensure that storage of mercury and its com-pounds intended for a permitted use is made environmentally friendly.

There is no control over the storage, manipulation and disposal of mercury waste from the laboratories of the institutions.

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Contaminated sites

MoE compiles national environmental legislation and policies. It plays a coordinating role with donors to facilitate the financing of projects that reduce the risk from contaminated sites.

The most polluted area in Albania, the area of the former Soda PVC plant in Vlora, was cleaned by a Dutch-funded project that was completed in 2011 and the contaminated site waste has been collected at the “Hazardous Waste Landfill Of Ex- Soda PVC Plant “, on a surface of 15,000 m2, which is monitored, stored and maintained by a MEI subsidiary in liq-uidation. The Ex-Soda PVC Plant Landfill Monitoring Reports are submitted every 4 months to the NEA from the former Enterprise / Liquidation Plant of nitrogen Fertilizers, Fier, which is charged by MEI to monitor and store the Landfill of Vlora.

The area of the Ex- Soda Plant in Vlora is therefore considered as rehabilitated but there is no monitoring by the NEA regarding the situation after rehabilitation. Capacities at NEA are low both technically and financially.

The Regional Health Directorate in Vlora does not have the appropriate technical and human capacity to monitor mercury or its health effects in the population of the Ex- Soda PVC Plant area.

The EDEN Center has been working since 2011 within some projects on the Ex- Soda PVC Plant, Vlore. Mostly the projects consisted in the study of the mercury levels in fish and in the inhabitants of the area. These projects have been implemented with the financial sup-port of IPEN under the “Zero mercury” program and the tests have been carried out in the BRI laboratory (Biodiversity Research Institute, Portland, Maine, USA). The purpose was awareness raising among residents about the risks they are facing living in a polluted site, as well as the creation of updated data and the impact to relevant institutions to take further steps to clear the area and remove the residents from that area.

Resources and financial mechanisms

Ministry of Environment Initiates and coordinates projects that are covered by the state budget in accordance with medium-term budget programs, also initiates and coordinates projects with foreign funding.

No feasibility study has been yet carried out for the implementation of the Convention obligations. It is necessary to carry out such a study, on the basis of which identify possible projects to be financed in this regard.

Health aspects

The Ministry of Health has as mission to draft and implement policies and strategies in the healthcare sector. There is no program or strategy in Albania for identifying and protecting populations in risk, nor any education program to prevent occupational mercury exposure. Also, there is lack of sufficient institutional and health professional capacities for the pre-vention, diagnosis, treatment and monitoring of health risks related to mercury or mercury compounds exposure. The Department of Health and Environment at IPH has conducted in the 90s studies on mercury in hair, but in recent years such studies are lacking. This is

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also related to the limited capacities of the IPH Laboratory that analyzes heavy metals to conduct mercury analysis.

The EDEN Center has been engaged through several projects in the area of the Ex-Soda PVC Plant, Vlora in order to raise awareness among residents about the risks posed by the area’s mercury contamination and the awareness of the relevant institutions to take further steps to clean up the area, as well as for the removal of residents from that area. The EDEN Center thinks that it has sufficient capacity to handle and monitor health risks.

There is a lack of an education and information strategy for particularly in risk communities and the general public.

Exchange of information, awareness and education

Legislation related to other chemical conventions ratified by Albania also contains provi-sions for the exchange of information. However, an exchange of information specifically for the Minamata Convention is necessary and it is a requirement of the Convention that a national focal point should be assigned for this purpose.

The Ministry of Environment is the competent authority for exchanging information and raising public awareness of environmental issues. For this purpose, MoE has its website, the environmental bulletin and at the same time organizes awareness raising campaigns on various environmental issues. The information sector cooperates with the technical sector covering the Conventions and has the capacity to organize awareness campaigns. However, there is a need to increase the technical capacity and information related to mercury as well as the organization of awareness campaigns in this regard.

The Office of Chemicals is tasked, inter alia, with information of the general public on the risks arising from chemicals when considered necessary for the protection of human health or the environment.

As a politicy-making institution, the Ministry of Health regulates through legal and sub legal acts the promotion and facilitation of providing information to the public on public health issues in general and on the factors affecting it.

The Institute of Public Health has a special department on health promotion that needs to be more involved in awareness of mercury issues, taking into consideration that the health system seems to be the most relevant, with biocides, medical devices, cosmetic products as well as health aspects in the system.

There are shortcomings in the provision of information to civil society and the general pub-lic, as well as the involvement of civil society in concrete actions for environmental risk management.

There have been civil society efforts, such as studies and publications of the EDEN Center and its awareness-raising activities on mercury, particularly in the polluted area of the Ex- Soda PVC Plant, which would be good to replicate and expand. There is lack of publications on mercury; there is no information about the mercury in school curricula. There is no train-ing material to increase institutional and professional capacity.

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Research, development and monitoring

The National Environmental Agency carries out monitoring of the state of the environment, within which chemical analyzes of contaminants, including heavy metals, are carried out. In this context, mercury is also analyzed in surface waters. The NEA Laboratory does not perform sampling and analysis of mercury in air and the laboratory is not accredited for determination of mercury.

Ministry of Energy and Industry has a coordinating and consultative role according to the needs and requirements of institutions that monitor health and the environment, including the role of subordinate institutions such as the Albanian Geological Service for monitor-ing of groundwater; National Agency for Natural Resources to monitor emissions from the mining industry in water and land; Chemicals Collection and Treatment Center for the safe storage and disposal of hazardous chemicals administered by MEI, the former Nitrogenous Fertilizer Plant, Fier, which monitors two landfills with hazardous waste (Arsenic Waste Landfill, Fier and Mercury Waste Landfill, Vlore). The Albanian Geological Service Labora-tory performs groundwater monitoring but does not conduct mercury analyzes.

The Institute for Food Safety and Veterinary (IFSV) carries out monitoring on biota (fish, mollusc and fishery products as well as waters in mollusc farming areas). The internal control of the plants is performed monthly. The tests are carried out at the IFSV Heavy Metal Laboratory. Regularly is monitored for more than 15 years the mollusc production area of the Butrint Lagoon, for 2 years has been monitored the area of bivalve mollusc production in Shengjin Bay. From January 2017, monitoring of 3 new areas of natural growth of bivalve molluscs is envisaged: Karavasta area, Shkumbin-Spille, Durrës Bay. Fishery products are regularly analyzed based on manufacturers’ requirements. Since December 2015, IFSV does not cover this service due to the failure of AAS-instrument operation. It is envisaged buying a new absorber, and is foreseen that this service will resume in 2018. Shortcomings are observed in the monitoring of freshwater fisheries (rivers, lakes) and there is no monitoring of waters in aquaculture reserves. After the resumption of the monitoring, it would be necessary to extend it to the entire territory of Albania.

The Faculty of Natural Sciences of the University of Tirana (FSHN / UT) in cooperation with the University of Vlora has carried out monitoring of mercury levels in the air through bio-monitoring in the framework of the international project ICP-Vegetation. The mercury ana-lyzing laboratory has high-level analytical and human capacities but is not accredited.

Scientific research institutions may have studies in this field but lacks coordination and cooperation with the competent authorities to make their data public. Strengthening co-ordination and involvement of scientific institutions in mercury monitoring projects in the environment is a necessity.

In general, there is a lack of technical capabilities of mercury monitoring and testing in various environmental matrices and human exposure indicators. Even those few labs that carry out mercury chemical analyzes are not accredited for this analyte. There is a need for accreditation of laboratories carrying out mercury chemical analyzes.

Civil society has also been engaged in study projects on mercury. The EDEN Center has con-ducted a mercury level survey on fish and residents at Ex-Soda-PVC Plant in Vlora, the tests were conducted at the Biodiversity Research Institute, Portland, Maine, USA.

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Conclusions and recommendations

In Albania there are a number of institutions and organizations that are engaged in the mer-cury problematic, especially in the context of polluted areas, environmental monitoring and emissions and discharges inventories (PRTR).

In the framework of the preparations for the ratification of the Minamata Convention, in order to provide institutional and administrative support for the implementation of the project, is established in May 2016 the Steering Committee of the Minamata Initial Assess-ment Project in Albania by an order of the Minister of Environment. This committee has extensive representation from relevant central institutions, academia and civil society and seems to have all the capacity to initiate political discussions and define the national strat-egy and concrete steps for ratification of the Minamata Convention.

No feasibility study has been carried out yet for the implementation of the Convention obligations. It is necessary to carry out such a study, on which basis possible projects to be financed in this regard will be identified. According to Article 20 of the Convention, it is possible to consider the possibility of preparing an action plan after the Minamata initial assessment.

As noted by the respective analysis of the legislation, the legal basis of chemicals that ad-dresses the obligations of the Convention on mercury should be completed, what should be followed by an analysis by all relevant institutions of the obligations deriving from the Minamata Convention and taking measures for their fulfilment.

Certain Articles of the Convention, such as the extraction of metal mercury or the small scale gold mining, are not relevant for Albania and do not require capacity building.

The National Environment Agency which issues environmental permits for operators that have mercury discharges into water or land have low technical capacity to address this issue while setting environmental permit conditions. Capacities of industrial operators related to the control of mercury discharge are low and the degree of compulsory reporting is very low. It would be necessary that NEA prepares a list of activities related to mercury and is enforced the legal obligation for reporting on emissions and discharges of industrial opera-tors.

Nearly lack completely the technical capacities of environmental, health and market sur-veillance inspection authorities in addressing mercury. Training activities are also needed for the customs authorities regarding the customs control for the import and export of mercury and mercury compounds.

This analysis shows that the number of qualified personnel in the institutions and in the inspection authorities is insufficient in terms of technical capacity.

To complement the aforementioned shortcomings, a modular training program for mercury and the fulfilment of the Minamata Convention provisions, would need to be adapted for all concerned stakeholders according to the Convention articles.

The polluted area of the Ex- Soda PVC Plant has been rehabilitated in 2011, but since this action, with the some exceptions of civil society efforts, no monitoring has been done to

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assess the risks to health and the environment, to identify populations at risk, especially for vulnerable populations. In this context, more efforts should be made to ensure that health care in the already rehabilitated area of Ex-Soda PVC-Vlora is appropriate for the prevention, diagnosis, treatment and monitoring of populations affected by mercury or its compounds exposure. There is no program or strategy for identifying and protecting popu-lations at risk from mercury, nor any educational program to prevent occupational mercury exposure.

In addition to this area, other areas near cement factories, waste incinerators, and near the melting of non-ferrous metals would deserve the same attention as to the assessment of the risks to the health of the inhabitants. Also, there is lack of sufficient institutional and professional capacities for prevention, diagnosis, treatment and monitoring of health risks associated with exposure to mercury and mercury compounds. A feasibility study and an action plan for this purpose would be appropriate.

The National Environmental Agency as the institution that prepares environmental permits has information on industrial activities in the country, but does not have a list of activities related to mercury in particular.

Generally, there is lack of knowledge and awareness about the health and environmental problems of mercury in products.

Identification of mercury in products through their labelling for its content would enable decreasing the risk of exposure due to the lack of knowledge of the presence of a hazard-ous element, in case e.g. the breaking of a mercury containing lamp, and would affect the proper management of these products at the end of the life cycle, thus reducing people’s exposure and environmental pollution.

There is a lack of an education and information strategy for vulnerable communities in par-ticular and the general public.

Secondary legislation on cosmetic and biocidal products needs to be completed and the State Health Inspectorate needs to be informed and trained on the implementation of the new legal requirements on cosmetic and biocidal products.

Waste of dental clinics is not collected and treated in a differentiated way. In dental clinics, the use of amalgam separators should be introduced as a criterion. Establishing national targets aiming at preventing dental caries and promoting health, minimizing the need for tooth restoration, and promoting the use of best environmental practices in dental facili-ties to reduce mercury and mercury discharges into water and land would help to gradually eliminate dental amalgam or minimize mercury exposure.

Laboratory infrastructure for mercury analysis seems inadequate, laboratories have ma-terial and financial deficiencies, and all laboratories that potentially analyze mercury in environmental matrices are not accredited for this index. There is an immediate need to strengthen analytical capacities, without which the risk assessment and monitoring of many activities related to the implementation of the Minamata Convention are not pos-sible. Of course, there is a need for accreditation of labs for mercury analysis. There is no control over the storage, manipulation and disposal of mercury waste from the laboratories of the institutions. The preparation of a manual for this purpose would help to avoid the

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discharge to water of hazardous chemicals waste from the analytical activities of chemical laboratories. The scope of coverage of this manual could be far wider and cover other haz-ardous chemicals as well.

There are already two landfills for hazardous waste in Albania, one of which is located in the Ex- Soda PVC area, for mercury waste.

It is necessary to regulate with by-laws the responsibilities of the relevant institutions for the exchange of information regarding the health impacts of exposure to mercury and its compounds, in close cooperation with WHO and other relevant organizations, as well as awareness regarding mercury exposure.

Shortcomings are noted in the provision of information to civil society and the general public, as well as the involvement of civil society in concrete actions for environmental risk management. It is required the commitment of the responsible institutions in the health and environment system to enable the public’s awareness and information of the public on the problematic of mercury.

It is imperative to strengthen coordination and involvement of scientific institutions in mer-cury monitoring projects in the environment.

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at tr

ansp

oses

par

tly R

EACH

and

CLP

EU

Reg

ulati

ons.

At p

oint

3 o

f Arti

cle

23 “

Prev

entio

n an

d re

ducti

on o

f env

ironm

enta

l pol

lutio

n fr

om c

hem

ical

s” o

f thi

s law

it

is sti

pula

ted

that

, for

the

redu

ction

of p

ollu

tion

and

grad

ual e

limin

ation

till

the

com

plet

e ba

n of

mer

cury

sh

all b

e in

duce

d m

easu

res t

o ba

n ex

port

s, to

redu

ce m

ercu

ry in

pro

duct

s, p

roce

sses

, and

in in

dust

ries

whi

ch u

se, d

ischa

rge

or e

mit

mer

cury

to th

e at

mos

pher

e or

rele

ase

in u

ncon

trol

led

way

tech

nolo

gic

was

te

cont

aini

ng m

ercu

ry, t

he re

spon

sibili

ty fo

r sto

rage

and

safe

disp

osal

of m

ercu

ry.

At p

oint

4 o

f the

sam

e Ar

ticle

, it i

s stip

ulat

ed th

at ru

les f

or b

anni

ng th

e ex

port

of m

etal

lic m

ercu

ry,

com

poun

ds a

nd c

erta

in m

ercu

ry m

ixtu

res,

safe

stor

age

of m

etal

lic m

ercu

ry a

nd sp

ecifi

c cr

iteria

for t

he

stor

age

of m

etal

lic m

ercu

ry c

onsi

dere

d as

was

te w

ill b

e ap

prov

ed b

y th

e Co

unci

l of M

inist

ers w

ith th

e pr

opos

al o

f the

min

ister

resp

onsi

ble

for t

he e

nviro

nmen

t.

Page 30: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Law

No.

10

277,

dat

ed

13.0

5.20

10 o

n th

e ac

-ce

ssio

n of

the

Repu

blic

of

Alb

ania

to th

e Ro

tter-

dam

Con

v.

Mer

cury

com

poun

ds a

re in

clud

ed a

t Ann

ex II

I: Ch

emic

als t

hat a

re su

bjec

t to

PIC

proc

edur

e. O

ne o

f the

ite

ms o

f thi

s Ann

ex a

re M

ercu

ry c

ompo

unds

, inc

ludi

ng in

orga

nic

mer

cury

com

poun

ds, a

lkyl

ic m

ercu

ry

com

poun

ds, a

lkyl

oxya

lkyl

ic c

ompo

unds

and

ary

lic m

ercu

ry c

ompo

unds

.

Deci

sion

of M

inist

eria

l Co

unci

l Nr.

665,

dat

ed

21.0

9.20

16 “

On

the

expo

rt a

nd im

port

of

haza

rdou

s che

mic

als”

The

obje

ctive

of t

his D

ecisi

on is

con

siste

nt w

ith th

e ob

jecti

ve o

f the

Rott

erda

m C

onve

ntion

, ado

pted

by

Law

no.

102

77, d

ated

13.

05.2

010,

“O

n ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

in th

e Ro

tterd

am C

onve

n-tio

n O

n th

e pr

oced

ure

of P

rior I

nfor

med

Con

sent

for c

erta

in h

azar

dous

che

mic

als a

nd p

rodu

cts f

or p

lant

pr

otec

tion

in in

tern

ation

al tr

ade.

This

deci

sion

tran

spos

es th

e Re

gula

tion

(EC)

no.

649

/201

2 of

the

Euro

pean

Par

liam

ent a

nd th

e Co

unci

l, da

ted

July

4, 2

012,

con

cern

ing

the

expo

rt a

nd im

port

of d

ange

rous

che

mic

als

At P

art 1

“Li

st o

f che

mic

als s

ubje

ct to

exp

ort n

otific

ation

pro

cedu

re”

of A

nnex

I “L

ist o

f haz

ardo

us c

hem

i-ca

ls an

d ar

ticle

s” o

f thi

s DCM

, mer

cury

com

poun

ds a

re in

clud

ed a

t ite

m 1

12: “

Mer

cury

com

poun

ds

incl

udin

g in

orga

nic

mer

cury

com

poun

ds, a

nd a

rylic

, alk

ylox

yalk

yl, a

lkyl

ic c

ompo

unds

of m

ercu

ry, w

ith th

e ex

cepti

on o

f mer

cury

com

poun

ds th

at a

re li

sted

in A

nnex

V”

.

At P

art 3

“‘L

ist o

f che

mic

als s

ubje

ct to

the

PIC

proc

edur

e in

the

fram

e of

the

Rotte

rdam

Con

venti

on”

of

Anne

x I,

at it

em 2

1 th

ere

are

incl

uded

“M

ercu

ry c

ompo

unds

, inc

ludi

ng in

orga

nic

mer

cury

com

poun

ds,

alky

lic m

ercu

ry c

ompo

unds

, alk

ylox

yalk

ylic

com

poun

ds a

nd a

rylic

mer

cury

com

poun

ds”

At T

able

. 2 “

Oth

er c

hem

ical

s pro

hibi

ted

to b

e ex

port

ed, b

esid

es th

ose

liste

d in

App

endi

ces A

and

B to

the

Stoc

khol

m C

onve

ntion

on

POPs

” of

Ann

ex IV

“Ch

emic

als a

nd h

azar

dous

item

s pro

hibi

ted

to b

e ex

port

ed”,

ther

e ar

e in

clud

ed it

ems a

s fol

low

s:

Nr.

The

desc

riptio

n of

the

chem

ical

/ ite

ms t

hat a

re

proh

ibite

d to

exp

ort

Addi

tiona

l dat

a, w

here

pos

sibl

e

(eg.

the

chem

ical n

ame

, EC,

CAS

No.

)2.

Mer

cury

com

poun

ds, e

xclu

ding

com

poun

ds

expo

rted

for r

esea

rch

and

deve

lopm

ent p

urpo

ses,

fo

r med

ical

pur

pose

s or a

naly

sis.

Cinn

abar

Min

eral

, Mer

cury

Chl

orid

e (I)

Hg2C

l 2,

No.

CAS

101

12-9

1-1,

Code

NK

2852

10

00

Mer

cury

oxid

e (II)

HgO

, No.

CAS

219

08-5

3-2;

Code

NK

2852

100

03.

Met

allic

mer

cury

and

mix

ture

s of m

etal

lic m

ercu

ry

with

oth

er su

bsta

nces

, inc

ludi

ng a

lloys

of m

ercu

ry,

with

a m

ercu

ry c

once

ntra

tion

of a

t lea

st 9

5% o

f th

e to

tal w

eigh

t.

No.

CAS

743

9-97

-6

Code

NK

2805

40

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

Ther

e ar

e no

kno

wn

existi

ng o

r new

prim

ary

mer

cury

min

ing

or st

ocks

of m

ercu

ry o

r mer

cury

com

poun

ds e

xcee

ding

50

met

ric to

ns

(MT)

, and

mer

cury

supp

ly g

ener

ating

stoc

ks e

xcee

ding

10

MT/

yr in

Alb

ania

. Thi

s is a

pre

limin

ary

stat

emen

t, w

hich

nee

ds to

be

con-

firm

ed b

y th

e m

ercu

ry in

vent

ory.

Som

e pr

ovisi

ons r

elat

ed to

impo

rt a

nd e

xpor

t of m

ercu

ry a

nd so

me

mer

cury

com

poun

ds a

re a

lread

y co

vere

d by

the

Law

No.

10

277,

da

ted

13.0

5.20

10 o

n th

e ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

to th

e Ro

tterd

am C

onve

ntion

“O

n th

e pr

oced

ure

of p

rior i

nfor

med

co

nsen

t for

som

e ha

zard

ous c

hem

ical

s and

pla

nt p

rote

ction

pro

duct

s in

inte

rnati

onal

trad

e” a

nd D

CM N

r. 66

5, d

ated

21.

09.2

016

on

impo

rt e

xpor

t of h

azar

dous

che

mic

als.

Rule

s for

ban

ning

the

expo

rt o

f met

allic

mer

cury

, com

poun

ds a

nd c

erta

in m

ercu

ry m

ixtu

res,

safe

stor

age

of m

etal

lic m

ercu

ry a

nd

spec

ific

crite

ria fo

r the

sto

rage

of m

etal

lic m

ercu

ry c

onsid

ered

as w

aste

are

pla

nned

to b

e pr

epar

ed u

nder

the

Law

No.

27/

2016

O

n ch

emic

als m

anag

emen

t, d

ated

17.

03.2

016,

in c

ompl

ianc

e w

ith th

e pr

opos

ed R

egul

ation

of t

he E

urop

ean

Parli

amen

t and

of t

he

Coun

cil o

n M

ercu

ry a

nd re

peal

ing

Regu

latio

n (E

C) N

o 11

02/2

008

and

acco

rdin

g to

the

requ

irem

ents

of M

inam

ata

Conv

entio

n.

Page 31: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Law

No.

10

277,

dat

ed

13.0

5.20

10 o

n th

e ac

-ce

ssio

n of

the

Repu

blic

of

Alb

ania

to th

e Ro

tter-

dam

Con

v.

Mer

cury

com

poun

ds a

re in

clud

ed a

t Ann

ex II

I: Ch

emic

als t

hat a

re su

bjec

t to

PIC

proc

edur

e. O

ne o

f the

ite

ms o

f thi

s Ann

ex a

re M

ercu

ry c

ompo

unds

, inc

ludi

ng in

orga

nic

mer

cury

com

poun

ds, a

lkyl

ic m

ercu

ry

com

poun

ds, a

lkyl

oxya

lkyl

ic c

ompo

unds

and

ary

lic m

ercu

ry c

ompo

unds

.

Deci

sion

of M

inist

eria

l Co

unci

l Nr.

665,

dat

ed

21.0

9.20

16 “

On

the

expo

rt a

nd im

port

of

haza

rdou

s che

mic

als”

The

obje

ctive

of t

his D

ecisi

on is

con

siste

nt w

ith th

e ob

jecti

ve o

f the

Rott

erda

m C

onve

ntion

, ado

pted

by

Law

no.

102

77, d

ated

13.

05.2

010,

“O

n ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

in th

e Ro

tterd

am C

onve

n-tio

n O

n th

e pr

oced

ure

of P

rior I

nfor

med

Con

sent

for c

erta

in h

azar

dous

che

mic

als a

nd p

rodu

cts f

or p

lant

pr

otec

tion

in in

tern

ation

al tr

ade.

This

deci

sion

tran

spos

es th

e Re

gula

tion

(EC)

no.

649

/201

2 of

the

Euro

pean

Par

liam

ent a

nd th

e Co

unci

l, da

ted

July

4, 2

012,

con

cern

ing

the

expo

rt a

nd im

port

of d

ange

rous

che

mic

als

At P

art 1

“Li

st o

f che

mic

als s

ubje

ct to

exp

ort n

otific

ation

pro

cedu

re”

of A

nnex

I “L

ist o

f haz

ardo

us c

hem

i-ca

ls an

d ar

ticle

s” o

f thi

s DCM

, mer

cury

com

poun

ds a

re in

clud

ed a

t ite

m 1

12: “

Mer

cury

com

poun

ds

incl

udin

g in

orga

nic

mer

cury

com

poun

ds, a

nd a

rylic

, alk

ylox

yalk

yl, a

lkyl

ic c

ompo

unds

of m

ercu

ry, w

ith th

e ex

cepti

on o

f mer

cury

com

poun

ds th

at a

re li

sted

in A

nnex

V”

.

At P

art 3

“‘L

ist o

f che

mic

als s

ubje

ct to

the

PIC

proc

edur

e in

the

fram

e of

the

Rotte

rdam

Con

venti

on”

of

Anne

x I,

at it

em 2

1 th

ere

are

incl

uded

“M

ercu

ry c

ompo

unds

, inc

ludi

ng in

orga

nic

mer

cury

com

poun

ds,

alky

lic m

ercu

ry c

ompo

unds

, alk

ylox

yalk

ylic

com

poun

ds a

nd a

rylic

mer

cury

com

poun

ds”

At T

able

. 2 “

Oth

er c

hem

ical

s pro

hibi

ted

to b

e ex

port

ed, b

esid

es th

ose

liste

d in

App

endi

ces A

and

B to

the

Stoc

khol

m C

onve

ntion

on

POPs

” of

Ann

ex IV

“Ch

emic

als a

nd h

azar

dous

item

s pro

hibi

ted

to b

e ex

port

ed”,

ther

e ar

e in

clud

ed it

ems a

s fol

low

s:

Nr.

The

desc

riptio

n of

the

chem

ical

/ ite

ms t

hat a

re

proh

ibite

d to

exp

ort

Addi

tiona

l dat

a, w

here

pos

sibl

e

(eg.

the

chem

ical n

ame

, EC,

CAS

No.

)2.

Mer

cury

com

poun

ds, e

xclu

ding

com

poun

ds

expo

rted

for r

esea

rch

and

deve

lopm

ent p

urpo

ses,

fo

r med

ical

pur

pose

s or a

naly

sis.

Cinn

abar

Min

eral

, Mer

cury

Chl

orid

e (I)

Hg2C

l 2,

No.

CAS

101

12-9

1-1,

Code

NK

2852

10

00

Mer

cury

oxid

e (II)

HgO

, No.

CAS

219

08-5

3-2;

Code

NK

2852

100

03.

Met

allic

mer

cury

and

mix

ture

s of m

etal

lic m

ercu

ry

with

oth

er su

bsta

nces

, inc

ludi

ng a

lloys

of m

ercu

ry,

with

a m

ercu

ry c

once

ntra

tion

of a

t lea

st 9

5% o

f th

e to

tal w

eigh

t.

No.

CAS

743

9-97

-6

Code

NK

2805

40

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

Ther

e ar

e no

kno

wn

existi

ng o

r new

prim

ary

mer

cury

min

ing

or st

ocks

of m

ercu

ry o

r mer

cury

com

poun

ds e

xcee

ding

50

met

ric to

ns

(MT)

, and

mer

cury

supp

ly g

ener

ating

stoc

ks e

xcee

ding

10

MT/

yr in

Alb

ania

. Thi

s is a

pre

limin

ary

stat

emen

t, w

hich

nee

ds to

be

con-

firm

ed b

y th

e m

ercu

ry in

vent

ory.

Som

e pr

ovisi

ons r

elat

ed to

impo

rt a

nd e

xpor

t of m

ercu

ry a

nd so

me

mer

cury

com

poun

ds a

re a

lread

y co

vere

d by

the

Law

No.

10

277,

da

ted

13.0

5.20

10 o

n th

e ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

to th

e Ro

tterd

am C

onve

ntion

“O

n th

e pr

oced

ure

of p

rior i

nfor

med

co

nsen

t for

som

e ha

zard

ous c

hem

ical

s and

pla

nt p

rote

ction

pro

duct

s in

inte

rnati

onal

trad

e” a

nd D

CM N

r. 66

5, d

ated

21.

09.2

016

on

impo

rt e

xpor

t of h

azar

dous

che

mic

als.

Rule

s for

ban

ning

the

expo

rt o

f met

allic

mer

cury

, com

poun

ds a

nd c

erta

in m

ercu

ry m

ixtu

res,

safe

stor

age

of m

etal

lic m

ercu

ry a

nd

spec

ific

crite

ria fo

r the

sto

rage

of m

etal

lic m

ercu

ry c

onsid

ered

as w

aste

are

pla

nned

to b

e pr

epar

ed u

nder

the

Law

No.

27/

2016

O

n ch

emic

als m

anag

emen

t, d

ated

17.

03.2

016,

in c

ompl

ianc

e w

ith th

e pr

opos

ed R

egul

ation

of t

he E

urop

ean

Parli

amen

t and

of t

he

Coun

cil o

n M

ercu

ry a

nd re

peal

ing

Regu

latio

n (E

C) N

o 11

02/2

008

and

acco

rdin

g to

the

requ

irem

ents

of M

inam

ata

Conv

entio

n.

Page 32: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

4 - M

ERCU

RY-A

DDED

PRO

DUCT

S

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Not

allo

w th

e m

anuf

actu

re, i

mpo

rt, a

nd e

xpor

t of p

rodu

cts l

isted

in P

art I

of A

nnex

A n

ot o

ther

wise

ex

clud

ed fo

llow

ing

the

phas

e ou

t dat

e lis

ted

in th

e An

nex

- Pha

se d

own

the

use

of d

enta

l am

alga

m th

roug

h tw

o or

mor

e m

easu

res l

isted

in P

art I

I of A

nnex

A -

Take

m

easu

res t

o pr

even

t the

inco

rpor

ation

of p

rodu

cts l

isted

in P

art I

of A

nnex

A (i

.e.,

switc

hes a

nd re

lays

, ba

tterie

s) in

to la

rger

, ass

embl

ed p

rodu

cts

- Disc

oura

ge th

e m

anuf

actu

re a

nd d

istrib

ution

of n

ew m

ercu

ry p

rodu

ct ty

pes

Anne

x A

Part

I: P

rodu

cts s

ubje

ct to

Arti

cle

4, p

arag

raph

1

Mer

cury

-add

ed p

rodu

cts 5

Batte

ries,

exc

ept f

or b

utton

zinc

silv

er o

xide

batt

erie

s with

a m

ercu

ry c

onte

nt <

2%

and

butt

on zi

nc a

ir ba

tterie

s with

a m

ercu

ry c

onte

nt <

2%

Switc

hes a

nd re

lays

, exc

ept v

ery

high

acc

urac

y ca

paci

tanc

e an

d lo

ss m

easu

rem

ent b

ridge

s and

hig

h fr

eque

ncy

radi

o fr

eque

ncy

switc

hes a

nd re

lays

in m

onito

ring

and

cont

rol i

nstr

umen

ts w

ith a

max

imum

m

ercu

ry c

onte

nt o

f 20

mg

per b

ridge

, sw

itch

or re

lay

Com

pact

fluo

resc

ent l

amps

(CFL

s) fo

r gen

eral

ligh

ting

purp

oses

that

are

≤ 3

0 w

atts w

ith a

mer

cury

con

-te

nt e

xcee

ding

5 m

g pe

r lam

p bu

rner

Line

ar fl

uore

scen

t lam

ps (L

FLs)

for g

ener

al li

ghtin

g pu

rpos

es:

(a) T

riban

d ph

osph

or <

60

watt

s with

a m

ercu

ry c

onte

nt e

xcee

ding

5 m

g pe

r lam

p;(b

) Hal

opho

spha

te p

hosp

hor ≤

40

watt

s with

a m

ercu

ry c

onte

nt e

xcee

ding

10

mg

per l

amp

High

pre

ssur

e m

ercu

ry v

apou

r lam

ps (H

PMV)

for g

ener

al li

ghtin

g pu

rpos

es

Mer

cury

in c

old

cath

ode

fluor

esce

nt la

mps

and

ext

erna

l ele

ctro

de fl

uore

scen

t lam

ps (C

CFL

and

EEFL

) for

el

ectr

onic

disp

lays

: (a

) sho

rt le

ngth

(≤ 5

00 m

m) w

ith m

ercu

ry c

onte

nt e

xcee

ding

3.5

mg

per l

amp

(b) m

ediu

m le

ngth

(> 5

00 m

m a

nd ≤

1 5

00 m

m) w

ith m

ercu

ry c

onte

nt e

xcee

ding

5 m

g pe

r lam

p(c

) lon

g le

ngth

(> 1

500

mm

) with

mer

cury

con

tent

exc

eedi

ng 1

3 m

g pe

r lam

pCo

smeti

cs (w

ith m

ercu

ry c

onte

nt a

bove

1pp

m),

incl

udin

g sk

in li

ghte

ning

soap

s and

cre

ams,

and

not

in-

clud

ing

eye

area

cos

meti

cs w

here

mer

cury

is u

sed

as a

pre

serv

ative

and

no

effec

tive

and

safe

subs

titut

e pr

eser

vativ

es a

re a

vaila

ble1/

Pesti

cide

s, b

ioci

des a

nd to

pica

l anti

septi

cs

The

follo

win

g no

n-el

ectr

onic

mea

surin

g de

vice

s exc

ept n

on-e

lect

roni

c m

easu

ring

devi

ces i

nsta

lled

in

larg

e-sc

ale

equi

pmen

t or t

hose

use

d fo

r hig

h pr

ecisi

on m

easu

rem

ent,

whe

re n

o su

itabl

e m

ercu

ry-fr

ee

alte

rnati

ve is

ava

ilabl

e:(a

) bar

omet

ers;

(b) h

ygro

met

ers;

(c) m

anom

eter

s; (d

) the

rmom

eter

s; (e

)sph

ygm

oman

omet

ers

Anne

x A

Part

II: P

rodu

cts s

ubje

ct to

Arti

cle

4, p

arag

raph

3

Mea

sure

s to

be ta

ken

by a

Par

ty to

pha

se d

own

the

use

of d

enta

l am

alga

m sh

all t

ake

into

acc

ount

the

Part

y’s d

omes

tic c

ircum

stan

ces a

nd re

leva

nt in

tern

ation

al g

uida

nce

and

shal

l inc

lude

two

or m

ore

of th

e m

easu

res f

rom

the

follo

win

g lis

t:

(i) S

etting

nati

onal

obj

ectiv

es a

imin

g at

den

tal c

arie

s pre

venti

on a

nd h

ealth

pro

moti

on, t

here

by m

inim

iz-in

g th

e ne

ed fo

r den

tal r

esto

ratio

n;

(ii) S

etting

nati

onal

obj

ectiv

es a

imin

g at

min

imizi

ng it

s use

;

(iii)

Prom

oting

the

use

of c

ost-e

ffecti

ve a

nd c

linic

ally

effe

ctive

mer

cury

-free

alte

rnati

ves f

or d

enta

l res

tora

-tio

n;

(iv) P

rom

oting

rese

arch

and

dev

elop

men

t of q

ualit

y m

ercu

ry-fr

ee m

ater

ials

for d

enta

l res

tora

tion;

(v) E

ncou

ragi

ng re

pres

enta

tive

prof

essio

nal o

rgan

izatio

ns a

nd d

enta

l sch

ools

to e

duca

te a

nd tr

ain

dent

al

prof

essio

nals

and

stud

ents

on

the

use

of m

ercu

ry-fr

ee d

enta

l res

tora

tion

alte

rnati

ves a

nd o

n pr

omoti

ng

best

man

agem

ent p

racti

ces;

(vi)

Disc

oura

ging

insu

ranc

e po

licie

s and

pro

gram

mes

that

favo

ur d

enta

l am

alga

m u

se o

ver m

ercu

ry-fr

ee

dent

al re

stor

ation

;

(vii)

Enc

oura

ging

insu

ranc

e po

licie

s and

pro

gram

mes

that

favo

ur th

e us

e of

qua

lity

alte

rnati

ves t

o de

ntal

am

alga

m fo

r den

tal r

esto

ratio

n;

(viii

) Res

tric

ting

the

use

of d

enta

l am

alga

m to

its e

ncap

sula

ted

form

;

(ix) P

rom

oting

the

use

of b

est e

nviro

nmen

tal p

racti

ces i

n de

ntal

faci

lities

to re

duce

rele

ases

of m

ercu

ry

and

mer

cury

com

poun

ds to

wat

er a

nd la

nd.

Page 33: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

4 - M

ERCU

RY-A

DDED

PRO

DUCT

S

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Not

allo

w th

e m

anuf

actu

re, i

mpo

rt, a

nd e

xpor

t of p

rodu

cts l

isted

in P

art I

of A

nnex

A n

ot o

ther

wise

ex

clud

ed fo

llow

ing

the

phas

e ou

t dat

e lis

ted

in th

e An

nex

- Pha

se d

own

the

use

of d

enta

l am

alga

m th

roug

h tw

o or

mor

e m

easu

res l

isted

in P

art I

I of A

nnex

A -

Take

m

easu

res t

o pr

even

t the

inco

rpor

ation

of p

rodu

cts l

isted

in P

art I

of A

nnex

A (i

.e.,

switc

hes a

nd re

lays

, ba

tterie

s) in

to la

rger

, ass

embl

ed p

rodu

cts

- Disc

oura

ge th

e m

anuf

actu

re a

nd d

istrib

ution

of n

ew m

ercu

ry p

rodu

ct ty

pes

Anne

x A

Part

I: P

rodu

cts s

ubje

ct to

Arti

cle

4, p

arag

raph

1

Mer

cury

-add

ed p

rodu

cts 5

Batte

ries,

exc

ept f

or b

utton

zinc

silv

er o

xide

batt

erie

s with

a m

ercu

ry c

onte

nt <

2%

and

butt

on zi

nc a

ir ba

tterie

s with

a m

ercu

ry c

onte

nt <

2%

Switc

hes a

nd re

lays

, exc

ept v

ery

high

acc

urac

y ca

paci

tanc

e an

d lo

ss m

easu

rem

ent b

ridge

s and

hig

h fr

eque

ncy

radi

o fr

eque

ncy

switc

hes a

nd re

lays

in m

onito

ring

and

cont

rol i

nstr

umen

ts w

ith a

max

imum

m

ercu

ry c

onte

nt o

f 20

mg

per b

ridge

, sw

itch

or re

lay

Com

pact

fluo

resc

ent l

amps

(CFL

s) fo

r gen

eral

ligh

ting

purp

oses

that

are

≤ 3

0 w

atts w

ith a

mer

cury

con

-te

nt e

xcee

ding

5 m

g pe

r lam

p bu

rner

Line

ar fl

uore

scen

t lam

ps (L

FLs)

for g

ener

al li

ghtin

g pu

rpos

es:

(a) T

riban

d ph

osph

or <

60

watt

s with

a m

ercu

ry c

onte

nt e

xcee

ding

5 m

g pe

r lam

p;(b

) Hal

opho

spha

te p

hosp

hor ≤

40

watt

s with

a m

ercu

ry c

onte

nt e

xcee

ding

10

mg

per l

amp

High

pre

ssur

e m

ercu

ry v

apou

r lam

ps (H

PMV)

for g

ener

al li

ghtin

g pu

rpos

es

Mer

cury

in c

old

cath

ode

fluor

esce

nt la

mps

and

ext

erna

l ele

ctro

de fl

uore

scen

t lam

ps (C

CFL

and

EEFL

) for

el

ectr

onic

disp

lays

: (a

) sho

rt le

ngth

(≤ 5

00 m

m) w

ith m

ercu

ry c

onte

nt e

xcee

ding

3.5

mg

per l

amp

(b) m

ediu

m le

ngth

(> 5

00 m

m a

nd ≤

1 5

00 m

m) w

ith m

ercu

ry c

onte

nt e

xcee

ding

5 m

g pe

r lam

p(c

) lon

g le

ngth

(> 1

500

mm

) with

mer

cury

con

tent

exc

eedi

ng 1

3 m

g pe

r lam

pCo

smeti

cs (w

ith m

ercu

ry c

onte

nt a

bove

1pp

m),

incl

udin

g sk

in li

ghte

ning

soap

s and

cre

ams,

and

not

in-

clud

ing

eye

area

cos

meti

cs w

here

mer

cury

is u

sed

as a

pre

serv

ative

and

no

effec

tive

and

safe

subs

titut

e pr

eser

vativ

es a

re a

vaila

ble1/

Pesti

cide

s, b

ioci

des a

nd to

pica

l anti

septi

cs

The

follo

win

g no

n-el

ectr

onic

mea

surin

g de

vice

s exc

ept n

on-e

lect

roni

c m

easu

ring

devi

ces i

nsta

lled

in

larg

e-sc

ale

equi

pmen

t or t

hose

use

d fo

r hig

h pr

ecisi

on m

easu

rem

ent,

whe

re n

o su

itabl

e m

ercu

ry-fr

ee

alte

rnati

ve is

ava

ilabl

e:(a

) bar

omet

ers;

(b) h

ygro

met

ers;

(c) m

anom

eter

s; (d

) the

rmom

eter

s; (e

)sph

ygm

oman

omet

ers

Anne

x A

Part

II: P

rodu

cts s

ubje

ct to

Arti

cle

4, p

arag

raph

3

Mea

sure

s to

be ta

ken

by a

Par

ty to

pha

se d

own

the

use

of d

enta

l am

alga

m sh

all t

ake

into

acc

ount

the

Part

y’s d

omes

tic c

ircum

stan

ces a

nd re

leva

nt in

tern

ation

al g

uida

nce

and

shal

l inc

lude

two

or m

ore

of th

e m

easu

res f

rom

the

follo

win

g lis

t:

(i) S

etting

nati

onal

obj

ectiv

es a

imin

g at

den

tal c

arie

s pre

venti

on a

nd h

ealth

pro

moti

on, t

here

by m

inim

iz-in

g th

e ne

ed fo

r den

tal r

esto

ratio

n;

(ii) S

etting

nati

onal

obj

ectiv

es a

imin

g at

min

imizi

ng it

s use

;

(iii)

Prom

oting

the

use

of c

ost-e

ffecti

ve a

nd c

linic

ally

effe

ctive

mer

cury

-free

alte

rnati

ves f

or d

enta

l res

tora

-tio

n;

(iv) P

rom

oting

rese

arch

and

dev

elop

men

t of q

ualit

y m

ercu

ry-fr

ee m

ater

ials

for d

enta

l res

tora

tion;

(v) E

ncou

ragi

ng re

pres

enta

tive

prof

essio

nal o

rgan

izatio

ns a

nd d

enta

l sch

ools

to e

duca

te a

nd tr

ain

dent

al

prof

essio

nals

and

stud

ents

on

the

use

of m

ercu

ry-fr

ee d

enta

l res

tora

tion

alte

rnati

ves a

nd o

n pr

omoti

ng

best

man

agem

ent p

racti

ces;

(vi)

Disc

oura

ging

insu

ranc

e po

licie

s and

pro

gram

mes

that

favo

ur d

enta

l am

alga

m u

se o

ver m

ercu

ry-fr

ee

dent

al re

stor

ation

;

(vii)

Enc

oura

ging

insu

ranc

e po

licie

s and

pro

gram

mes

that

favo

ur th

e us

e of

qua

lity

alte

rnati

ves t

o de

ntal

am

alga

m fo

r den

tal r

esto

ratio

n;

(viii

) Res

tric

ting

the

use

of d

enta

l am

alga

m to

its e

ncap

sula

ted

form

;

(ix) P

rom

oting

the

use

of b

est e

nviro

nmen

tal p

racti

ces i

n de

ntal

faci

lities

to re

duce

rele

ases

of m

ercu

ry

and

mer

cury

com

poun

ds to

wat

er a

nd la

nd.

5 D

ate

after

whi

ch th

e m

anuf

actu

re, i

mpo

rt o

r exp

ort o

f the

pro

duct

s sha

ll no

t be

allo

wed

(pha

se-o

ut d

ate)

is 2

020

Page 34: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

DCM

No

866

of

04.1

2.20

12 “

On

batte

r-ie

s, a

ccum

ulat

ors a

nd

thei

r was

te”

The

deci

sion

aim

s to

a) e

stab

lish

rule

s for

the

plac

ing

on th

e m

arke

t of b

atter

ies a

nd a

ccum

ulat

ors;

b) p

ro-

hibi

t the

pla

cing

on

the

mar

ket o

f batt

erie

s and

acc

umul

ator

s con

tain

ing

haza

rdou

s sub

stan

ces;

c) m

axi-

mize

the

sepa

rate

col

lecti

on o

f was

te b

atter

ies a

nd a

ccum

ulat

ors;

d) p

rom

ote

a hi

gh le

vel o

f rec

yclin

g; d

) re

duce

the

quan

tities

of w

aste

batt

erie

s and

acc

umul

ator

s tha

t des

troy

ed to

geth

er w

ith m

ixed

mun

icip

al

was

te; f

) im

prov

e th

e en

viro

nmen

tal p

erfo

rman

ce o

f all

econ

omic

ope

rato

rs in

volv

ed in

the

life

cycl

e of

ba

tterie

s and

acc

umul

ator

s.

At C

hapt

er V

I “Ba

n on

the

plac

ing

on th

e m

arke

t”, p

oint

1, i

t is s

tipul

ated

that

it is

forb

idde

n to

put

on

the

mar

ket b

atter

ies o

r acc

umul

ator

s, w

heth

er o

r not

inst

alle

d in

equ

ipm

ent c

onta

inin

g m

ercu

ry m

ore

than

0.

0005

% o

f the

ir w

eigh

t. Th

is lim

it sh

all n

ot a

pply

to b

utton

bat

erie

s, c

onta

inin

g m

ercu

ry n

ot m

ore

than

2%

of t

heir

wei

ght.

Man

ufac

ture

rs o

f batt

erie

s, a

nd b

utton

acc

umul

ator

s and

batt

erie

s con

tain

ing

mor

e th

an 0

,000

5 %

Hg.

.. ha

ve to

labe

l the

m w

ith c

hem

ical

sym

bol o

f met

als.

DCM

No

957

of

19.1

2.20

12 o

n th

e w

aste

of

ele

ctric

al a

nd e

lec-

tron

ic e

quip

men

t

DCM

on

was

te e

lect

rical

and

ele

ctro

nic

equi

pmen

t ful

ly tr

ansp

osin

g Di

recti

ve 2

002/

96/E

C, d

eter

min

es th

at

the

Min

istry

of E

nviro

nmen

t and

the

min

istry

resp

onsib

le fo

r eco

nom

y en

cour

age

the

desig

n an

d pr

oduc

e of

ele

ctric

al a

nd e

lect

roni

c eq

uipm

ent,

whi

ch t

ake

into

acc

ount

and

faci

litat

e di

sman

tling

and

rec

over

y, in

par

ticul

ar th

e re

use

and

recy

clin

g of

was

te e

lect

rical

and

ele

ctro

nic

equi

pmen

t, co

mpo

nent

s an

d th

eir

mat

eria

ls.

Rega

rdin

g to

the

trea

tmen

t of w

aste

of e

lect

rical

and

ele

ctro

nic

equi

pmen

t, An

nex

II de

fines

that

mus

t be

rem

oved

mer

cury

-con

tain

ing

com

pone

nts a

s key

s lig

ht, c

hang

ing

lam

ps o

r lig

hting

.

Prod

ucer

s tha

t pla

ce in

mar

ket E

lect

rical

and

Ele

ctro

nic

Equi

pmen

t, sh

all m

inim

ize d

umpi

ng o

f WEE

E in

the

sam

e pl

ace

with

mix

ed h

ouse

hold

was

te, t

o fa

cilit

ate

thei

r sep

arat

ed co

llecti

on, l

abel

them

with

the

sym

bol

defin

ed in

Ann

ex IV

of t

he D

CM o

n W

EEE

In p

artic

ular

for t

he p

rote

ction

of c

hild

ren’

s hea

lth b

iodi

spon

ibili

ty (s

olub

le e

xtra

ct h

ave

toxi

colo

gica

l sig

nifi-

canc

e) th

at d

eriv

es fr

om th

e us

e of

toys

as t

arge

t sho

uld

not e

xcee

d th

e le

vels

of 0

.5 μ

g m

ercu

ry.

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt la

mps

, An-

nex

2.2

of D

CM o

n W

EEE

spec

ifies

the

subs

tituti

on o

f pro

duct

s con

tain

ing

one

or m

ore

inte

ntion

ally

add

ed

heav

y m

etal

s or i

f a su

itabl

e al

tern

ative

exi

sts,

the

min

imiza

tion

or su

bstit

ution

in p

rodu

cts o

f one

or m

ore

inte

ntion

ally

add

ed h

eavy

met

als;

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt l

amps

, pa

ragr

aph

VI o

f DCM

on

WEE

E sp

ecifi

es th

e pr

ovisi

on o

f pro

duct

info

rmati

on in

clud

ing

labe

lling

to e

nsur

e th

at u

sers

are

info

rmed

of t

he co

nten

t of o

ne o

r mor

e in

tenti

onal

ly a

dded

hea

vy m

etal

s and

of t

he n

eed

for

safe

use

and

was

te h

andl

ing;

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt la

mps

, par

a-gr

aph

V of

DCM

on

WEE

E sp

ecifi

es th

e us

e of

eco

nom

ic in

centi

ves

or v

olun

tary

agr

eem

ents

to re

duce

or

elim

inat

e th

e co

nten

t in

prod

ucts

of t

he h

eavy

met

als

Law

No.

27/

2016

On

chem

ical

s man

agem

ent,

17

.03.

2016

This

new

Law

is a

fram

e La

w th

at tr

ansp

oses

par

tly R

EACH

and

CLP

EU

Reg

ulati

ons.

At p

oint

3 o

f Arti

cle

23 “

Prev

entio

n an

d re

ducti

on o

f env

ironm

enta

l pol

lutio

n fr

om c

hem

ical

s” o

f thi

s la

w

it is

stipu

late

d th

at “

In th

e re

ducti

on o

f pol

lutio

n an

d gr

adua

l elim

inati

on ti

ll th

e co

mpl

ete

ban

of m

ercu

ry

are

incl

uded

mea

sure

s to

ban

expo

rts,

to re

duce

mer

cury

in p

rodu

cts,

pro

cess

es, a

nd in

indu

strie

s tha

t use

, di

scha

rge

or e

mit

mer

cury

to th

e at

mos

pher

e or

rele

ase

in u

ncon

trol

led

way

tech

nolo

gic

was

te c

onta

inin

g m

ercu

ry, t

he re

spon

sibili

ty fo

r sto

rage

and

safe

disp

osal

of m

ercu

ry”.

Page 35: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

DCM

No

866

of

04.1

2.20

12 “

On

batte

r-ie

s, a

ccum

ulat

ors a

nd

thei

r was

te”

The

deci

sion

aim

s to

a) e

stab

lish

rule

s for

the

plac

ing

on th

e m

arke

t of b

atter

ies a

nd a

ccum

ulat

ors;

b) p

ro-

hibi

t the

pla

cing

on

the

mar

ket o

f batt

erie

s and

acc

umul

ator

s con

tain

ing

haza

rdou

s sub

stan

ces;

c) m

axi-

mize

the

sepa

rate

col

lecti

on o

f was

te b

atter

ies a

nd a

ccum

ulat

ors;

d) p

rom

ote

a hi

gh le

vel o

f rec

yclin

g; d

) re

duce

the

quan

tities

of w

aste

batt

erie

s and

acc

umul

ator

s tha

t des

troy

ed to

geth

er w

ith m

ixed

mun

icip

al

was

te; f

) im

prov

e th

e en

viro

nmen

tal p

erfo

rman

ce o

f all

econ

omic

ope

rato

rs in

volv

ed in

the

life

cycl

e of

ba

tterie

s and

acc

umul

ator

s.

At C

hapt

er V

I “Ba

n on

the

plac

ing

on th

e m

arke

t”, p

oint

1, i

t is s

tipul

ated

that

it is

forb

idde

n to

put

on

the

mar

ket b

atter

ies o

r acc

umul

ator

s, w

heth

er o

r not

inst

alle

d in

equ

ipm

ent c

onta

inin

g m

ercu

ry m

ore

than

0.

0005

% o

f the

ir w

eigh

t. Th

is lim

it sh

all n

ot a

pply

to b

utton

bat

erie

s, c

onta

inin

g m

ercu

ry n

ot m

ore

than

2%

of t

heir

wei

ght.

Man

ufac

ture

rs o

f batt

erie

s, a

nd b

utton

acc

umul

ator

s and

batt

erie

s con

tain

ing

mor

e th

an 0

,000

5 %

Hg.

.. ha

ve to

labe

l the

m w

ith c

hem

ical

sym

bol o

f met

als.

DCM

No

957

of

19.1

2.20

12 o

n th

e w

aste

of

ele

ctric

al a

nd e

lec-

tron

ic e

quip

men

t

DCM

on

was

te e

lect

rical

and

ele

ctro

nic

equi

pmen

t ful

ly tr

ansp

osin

g Di

recti

ve 2

002/

96/E

C, d

eter

min

es th

at

the

Min

istry

of E

nviro

nmen

t and

the

min

istry

resp

onsib

le fo

r eco

nom

y en

cour

age

the

desig

n an

d pr

oduc

e of

ele

ctric

al a

nd e

lect

roni

c eq

uipm

ent,

whi

ch t

ake

into

acc

ount

and

faci

litat

e di

sman

tling

and

rec

over

y, in

par

ticul

ar th

e re

use

and

recy

clin

g of

was

te e

lect

rical

and

ele

ctro

nic

equi

pmen

t, co

mpo

nent

s an

d th

eir

mat

eria

ls.

Rega

rdin

g to

the

trea

tmen

t of w

aste

of e

lect

rical

and

ele

ctro

nic

equi

pmen

t, An

nex

II de

fines

that

mus

t be

rem

oved

mer

cury

-con

tain

ing

com

pone

nts a

s key

s lig

ht, c

hang

ing

lam

ps o

r lig

hting

.

Prod

ucer

s tha

t pla

ce in

mar

ket E

lect

rical

and

Ele

ctro

nic

Equi

pmen

t, sh

all m

inim

ize d

umpi

ng o

f WEE

E in

the

sam

e pl

ace

with

mix

ed h

ouse

hold

was

te, t

o fa

cilit

ate

thei

r sep

arat

ed co

llecti

on, l

abel

them

with

the

sym

bol

defin

ed in

Ann

ex IV

of t

he D

CM o

n W

EEE

In p

artic

ular

for t

he p

rote

ction

of c

hild

ren’

s hea

lth b

iodi

spon

ibili

ty (s

olub

le e

xtra

ct h

ave

toxi

colo

gica

l sig

nifi-

canc

e) th

at d

eriv

es fr

om th

e us

e of

toys

as t

arge

t sho

uld

not e

xcee

d th

e le

vels

of 0

.5 μ

g m

ercu

ry.

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt la

mps

, An-

nex

2.2

of D

CM o

n W

EEE

spec

ifies

the

subs

tituti

on o

f pro

duct

s con

tain

ing

one

or m

ore

inte

ntion

ally

add

ed

heav

y m

etal

s or i

f a su

itabl

e al

tern

ative

exi

sts,

the

min

imiza

tion

or su

bstit

ution

in p

rodu

cts o

f one

or m

ore

inte

ntion

ally

add

ed h

eavy

met

als;

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt l

amps

, pa

ragr

aph

VI o

f DCM

on

WEE

E sp

ecifi

es th

e pr

ovisi

on o

f pro

duct

info

rmati

on in

clud

ing

labe

lling

to e

nsur

e th

at u

sers

are

info

rmed

of t

he co

nten

t of o

ne o

r mor

e in

tenti

onal

ly a

dded

hea

vy m

etal

s and

of t

he n

eed

for

safe

use

and

was

te h

andl

ing;

Rega

rdin

g th

e M

ercu

ry-c

onta

inin

g el

ectr

ical

com

pone

nts

and

Mer

cury

-con

tain

ing

fluor

esce

nt la

mps

, par

a-gr

aph

V of

DCM

on

WEE

E sp

ecifi

es th

e us

e of

eco

nom

ic in

centi

ves

or v

olun

tary

agr

eem

ents

to re

duce

or

elim

inat

e th

e co

nten

t in

prod

ucts

of t

he h

eavy

met

als

Law

No.

27/

2016

On

chem

ical

s man

agem

ent,

17

.03.

2016

This

new

Law

is a

fram

e La

w th

at tr

ansp

oses

par

tly R

EACH

and

CLP

EU

Reg

ulati

ons.

At p

oint

3 o

f Arti

cle

23 “

Prev

entio

n an

d re

ducti

on o

f env

ironm

enta

l pol

lutio

n fr

om c

hem

ical

s” o

f thi

s la

w

it is

stipu

late

d th

at “

In th

e re

ducti

on o

f pol

lutio

n an

d gr

adua

l elim

inati

on ti

ll th

e co

mpl

ete

ban

of m

ercu

ry

are

incl

uded

mea

sure

s to

ban

expo

rts,

to re

duce

mer

cury

in p

rodu

cts,

pro

cess

es, a

nd in

indu

strie

s tha

t use

, di

scha

rge

or e

mit

mer

cury

to th

e at

mos

pher

e or

rele

ase

in u

ncon

trol

led

way

tech

nolo

gic

was

te c

onta

inin

g m

ercu

ry, t

he re

spon

sibili

ty fo

r sto

rage

and

safe

disp

osal

of m

ercu

ry”.

Page 36: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Draft

DCM

on

the

rest

rictio

ns

on th

e m

anu-

fact

ure,

pla

cing

on

the

mar

ket

and

use

of c

er-

tain

haz

ardo

us

chem

ical

s and

ar

ticle

s.

The

draft

DCM

stipu

late

s res

tric

tions

on

man

ufac

turin

g, p

laci

ng o

n th

e m

arke

t and

use

of c

erta

in ch

emic

als

and

artic

les,

haz

ardo

us to

hum

an h

ealth

and

the

envi

ronm

ent.

This

draft

Dec

ision

tran

spos

es A

nnex

es X

VII a

nd V

I of R

egul

ation

(EC)

No.

190

7/20

06 o

f Par

liam

ent a

nd th

e Eu

rope

an C

ounc

il da

ted

18 D

ecem

ber 2

006

on th

e Re

gist

ratio

n, E

valu

ation

, Aut

horiz

ation

and

Res

tric

tion

of C

hem

ical

s (RE

ACH)

.

Anne

x I o

f thi

s dr

aft c

onsis

ts o

f 2 c

hapt

ers.

Cha

pter

I of

thi

s An

nex

lists

64

subs

tanc

es o

r gr

oups

of s

ub-

stan

ces.

Mer

cury

and

mer

cury

com

poun

ds a

nd m

ercu

ry b

elon

g to

Ann

ex I,

Cha

pter

1 “

List

of b

aned

and

rest

ricte

d su

bsta

nces

”:

18: M

ercu

ry C

ompo

unds

will

not

be

plac

ed o

n th

e m

arke

t, or

use

d, a

s sub

stan

ce o

r in

mix

ture

s, w

here

the

subs

tanc

e or

mix

ture

is in

tend

ed fo

r use

:

a) in

pre

venti

ng a

dver

se a

ction

s by

micr

oorg

anism

s, pl

ants

or a

nim

als

on s

hipp

ing

body

, - c

ages

, floa

ts, n

ets

and

any

othe

r equ

ipm

ent u

sed

for fi

shin

g or

aqu

acul

ture

of o

yste

rs; -

any

dev

ice o

r app

arat

us p

artia

lly o

r to-

tally

mer

ged

/ sub

mer

ged,

b) w

ood

pres

erva

tion;

c) st

rong

satu

ratio

n of

indu

stria

l tex

tiles

and

yar

ns p

rovi

ded

for f

abric

ation

; d) w

aste

wat

er tr

eatm

ent,

rega

rdle

ss o

f the

ir us

e.

18.a

: Mer

cury

1. M

ercu

ry w

ill n

ot b

e pl

aced

on

the

mar

ket:

a) in

ther

mom

eter

s tha

t mea

sure

bod

y te

mpe

ratu

re; b

) in

othe

r mea

surin

g de

vice

s pro

vide

d fo

r sal

e to

the

gene

ral p

ublic

(suc

h as

man

omet

ers

and

ther

mom

eter

s no

t int

ende

d to

mea

sure

the

tem

pera

ture

of t

he

body

).

2. T

he re

stric

tion

refe

rred

to in

poi

nt 1

sha

ll no

t app

ly to

mea

surin

g de

vice

s th

at w

ere

in u

se b

efor

e 1

July

20

19.

3. T

he re

stric

tion

refe

rred

to p

oint

s 1, b

, sha

ll no

t app

ly to

:

a) m

easu

ring

devi

ces

since

1 D

ecem

ber 2

014

have

an

age

mor

e th

an 5

0 ye

ars;

b) b

arom

eter

s (e

xcep

t ba-

rom

eter

s tha

t mee

t the

crit

eria

und

er p

arag

raph

(a))

abov

e, u

ntil 1

July

201

9;

4. m

easu

ring

devi

ces

cont

aini

ng m

ercu

ry b

elow

, int

ende

d fo

r in

dust

rial a

nd p

rofe

ssio

nal u

se w

ill n

ot b

e pl

aced

on

the

mar

ket a

fter 1

July

201

9:

baro

met

ers;

hyg

rom

eter

s; m

anom

eter

s; s

figm

oman

omet

ers;

mea

surin

g in

stru

men

ts u

sed

in p

letis

mo-

grap

h; te

nsio

met

ers;

ther

mom

eter

s and

oth

er u

ses n

on-e

lect

rical

ther

mom

etric

;

Rest

rictio

ns w

ill a

lso a

pply

to m

easu

ring

devi

ces

whi

ch a

re a

lread

y pl

aced

on

the

mar

ket i

f the

y in

tend

ed

to b

e fil

led

with

mer

cury

.

5. T

he li

mita

tion

in p

arag

raph

4 sh

all n

ot a

pply

to:

a) s

phyg

mom

anom

eter

s to

be

used

: (I)

in e

pide

mio

logi

cal s

tudi

es w

hich

are

und

er w

ay o

n th

e da

te c

or-

resp

ondi

ng to

15

days

afte

r pub

licati

on o

f thi

s dec

ision

in th

e O

ffici

al G

azett

e, (I

I) as

refe

renc

e st

anda

rds i

n cl

inic

al v

alid

ation

stud

ies o

f sph

ygm

oman

omet

ers n

ot c

onta

inin

g m

ercu

ry;

b) th

erm

omet

ers a

imed

onl

y to

per

form

test

s in

acco

rdan

ce w

ith th

e st

anda

rds r

equi

re th

e us

e of

mer

cury

th

erm

omet

ers u

ntil J

uly

1, 2

019;

c) m

ercu

ry c

ells

with

trip

le p

oint

s, w

hich

are

use

d fo

r the

calib

ratio

n of

pla

tinum

resis

tanc

e th

erm

omet

ers.

6. m

easu

ring

devi

ces

that

use

mer

cury

bel

ow, a

imed

at p

rofe

ssio

nal a

nd in

dust

rial u

se w

ill n

ot b

e pl

aced

on

the

mar

ket a

fter 1

July

201

9:

a) p

iknc

omet

ers c

onta

inin

g m

ercu

ry; b

) mer

cury

met

erin

g de

vice

s for

the

dete

rmin

ation

of s

often

ing

poin

t.

Rest

rictio

ns re

ferr

ed to

in p

oint

4 a

nd 6

shal

l not

app

ly to

:

a) m

easu

ring

devi

ces m

ore

than

50

year

s old

in D

ecem

ber 2

014.

b)m

easu

ring

devi

ces w

hich

are

to b

e di

s-pl

ayed

in p

ublic

exh

ibiti

ons f

or c

ultu

ral a

nd h

istor

ical

pur

pose

s.De

cisio

n of

Min

ister

ial

Coun

cil N

r. 66

5, d

ated

21

.09.

2016

“O

n th

e ex

port

and

impo

rt o

f ha

zard

ous c

hem

ical

s”

The

obje

ctive

of t

his D

ecisi

on is

cons

isten

t with

the

obje

ctive

of t

he R

otter

dam

Con

venti

on, a

dopt

ed b

y La

w

no. 1

0277

, dat

ed 1

3.05

.201

0, “O

n ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

in th

e Ro

tterd

am C

onve

ntion

On

the

proc

edur

e of

Prio

r Inf

orm

ed C

onse

nt fo

r cer

tain

haz

ardo

us c

hem

ical

s an

d pr

oduc

ts fo

r pla

nt p

rote

ction

in

inte

rnati

onal

trad

e.”

This

deci

sion

tran

spos

es t

he R

egul

ation

(EC)

no.

649

/201

2 of

the

Eur

opea

n Pa

rliam

ent

and

the

Coun

cil,

date

d Ju

ly 4

, 201

2, c

once

rnin

g th

e ex

port

and

impo

rt o

f dan

gero

us c

hem

ical

s

At A

nnex

IV “C

hem

ical

s and

haz

ardo

us it

ems p

rohi

bite

d to

be

expo

rted

”, Ta

ble.

2 “O

ther

chem

ical

s pro

hib-

ited

to b

e ex

port

ed, b

esid

es th

ose

liste

d in

App

endi

ces

A an

d B

to th

e St

ockh

olm

Con

venti

on o

n PO

Ps”

of

this

DCM

, the

re a

re in

clud

ed C

osm

etic

soap

s con

tain

ing

mer

cury

.

Page 37: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Draft

DCM

on

the

rest

rictio

ns

on th

e m

anu-

fact

ure,

pla

cing

on

the

mar

ket

and

use

of c

er-

tain

haz

ardo

us

chem

ical

s and

ar

ticle

s.

The

draft

DCM

stipu

late

s res

tric

tions

on

man

ufac

turin

g, p

laci

ng o

n th

e m

arke

t and

use

of c

erta

in ch

emic

als

and

artic

les,

haz

ardo

us to

hum

an h

ealth

and

the

envi

ronm

ent.

This

draft

Dec

ision

tran

spos

es A

nnex

es X

VII a

nd V

I of R

egul

ation

(EC)

No.

190

7/20

06 o

f Par

liam

ent a

nd th

e Eu

rope

an C

ounc

il da

ted

18 D

ecem

ber 2

006

on th

e Re

gist

ratio

n, E

valu

ation

, Aut

horiz

ation

and

Res

tric

tion

of C

hem

ical

s (RE

ACH)

.

Anne

x I o

f thi

s dr

aft c

onsis

ts o

f 2 c

hapt

ers.

Cha

pter

I of

thi

s An

nex

lists

64

subs

tanc

es o

r gr

oups

of s

ub-

stan

ces.

Mer

cury

and

mer

cury

com

poun

ds a

nd m

ercu

ry b

elon

g to

Ann

ex I,

Cha

pter

1 “

List

of b

aned

and

rest

ricte

d su

bsta

nces

”:

18: M

ercu

ry C

ompo

unds

will

not

be

plac

ed o

n th

e m

arke

t, or

use

d, a

s sub

stan

ce o

r in

mix

ture

s, w

here

the

subs

tanc

e or

mix

ture

is in

tend

ed fo

r use

:

a) in

pre

venti

ng a

dver

se a

ction

s by

micr

oorg

anism

s, pl

ants

or a

nim

als

on s

hipp

ing

body

, - c

ages

, floa

ts, n

ets

and

any

othe

r equ

ipm

ent u

sed

for fi

shin

g or

aqu

acul

ture

of o

yste

rs; -

any

dev

ice o

r app

arat

us p

artia

lly o

r to-

tally

mer

ged

/ sub

mer

ged,

b) w

ood

pres

erva

tion;

c) st

rong

satu

ratio

n of

indu

stria

l tex

tiles

and

yar

ns p

rovi

ded

for f

abric

ation

; d) w

aste

wat

er tr

eatm

ent,

rega

rdle

ss o

f the

ir us

e.

18.a

: Mer

cury

1. M

ercu

ry w

ill n

ot b

e pl

aced

on

the

mar

ket:

a) in

ther

mom

eter

s tha

t mea

sure

bod

y te

mpe

ratu

re; b

) in

othe

r mea

surin

g de

vice

s pro

vide

d fo

r sal

e to

the

gene

ral p

ublic

(suc

h as

man

omet

ers

and

ther

mom

eter

s no

t int

ende

d to

mea

sure

the

tem

pera

ture

of t

he

body

).

2. T

he re

stric

tion

refe

rred

to in

poi

nt 1

sha

ll no

t app

ly to

mea

surin

g de

vice

s th

at w

ere

in u

se b

efor

e 1

July

20

19.

3. T

he re

stric

tion

refe

rred

to p

oint

s 1, b

, sha

ll no

t app

ly to

:

a) m

easu

ring

devi

ces

since

1 D

ecem

ber 2

014

have

an

age

mor

e th

an 5

0 ye

ars;

b) b

arom

eter

s (e

xcep

t ba-

rom

eter

s tha

t mee

t the

crit

eria

und

er p

arag

raph

(a))

abov

e, u

ntil 1

July

201

9;

4. m

easu

ring

devi

ces

cont

aini

ng m

ercu

ry b

elow

, int

ende

d fo

r in

dust

rial a

nd p

rofe

ssio

nal u

se w

ill n

ot b

e pl

aced

on

the

mar

ket a

fter 1

July

201

9:

baro

met

ers;

hyg

rom

eter

s; m

anom

eter

s; s

figm

oman

omet

ers;

mea

surin

g in

stru

men

ts u

sed

in p

letis

mo-

grap

h; te

nsio

met

ers;

ther

mom

eter

s and

oth

er u

ses n

on-e

lect

rical

ther

mom

etric

;

Rest

rictio

ns w

ill a

lso a

pply

to m

easu

ring

devi

ces

whi

ch a

re a

lread

y pl

aced

on

the

mar

ket i

f the

y in

tend

ed

to b

e fil

led

with

mer

cury

.

5. T

he li

mita

tion

in p

arag

raph

4 sh

all n

ot a

pply

to:

a) s

phyg

mom

anom

eter

s to

be

used

: (I)

in e

pide

mio

logi

cal s

tudi

es w

hich

are

und

er w

ay o

n th

e da

te c

or-

resp

ondi

ng to

15

days

afte

r pub

licati

on o

f thi

s dec

ision

in th

e O

ffici

al G

azett

e, (I

I) as

refe

renc

e st

anda

rds i

n cl

inic

al v

alid

ation

stud

ies o

f sph

ygm

oman

omet

ers n

ot c

onta

inin

g m

ercu

ry;

b) th

erm

omet

ers a

imed

onl

y to

per

form

test

s in

acco

rdan

ce w

ith th

e st

anda

rds r

equi

re th

e us

e of

mer

cury

th

erm

omet

ers u

ntil J

uly

1, 2

019;

c) m

ercu

ry c

ells

with

trip

le p

oint

s, w

hich

are

use

d fo

r the

calib

ratio

n of

pla

tinum

resis

tanc

e th

erm

omet

ers.

6. m

easu

ring

devi

ces

that

use

mer

cury

bel

ow, a

imed

at p

rofe

ssio

nal a

nd in

dust

rial u

se w

ill n

ot b

e pl

aced

on

the

mar

ket a

fter 1

July

201

9:

a) p

iknc

omet

ers c

onta

inin

g m

ercu

ry; b

) mer

cury

met

erin

g de

vice

s for

the

dete

rmin

ation

of s

often

ing

poin

t.

Rest

rictio

ns re

ferr

ed to

in p

oint

4 a

nd 6

shal

l not

app

ly to

:

a) m

easu

ring

devi

ces m

ore

than

50

year

s old

in D

ecem

ber 2

014.

b)m

easu

ring

devi

ces w

hich

are

to b

e di

s-pl

ayed

in p

ublic

exh

ibiti

ons f

or c

ultu

ral a

nd h

istor

ical

pur

pose

s.De

cisio

n of

Min

ister

ial

Coun

cil N

r. 66

5, d

ated

21

.09.

2016

“O

n th

e ex

port

and

impo

rt o

f ha

zard

ous c

hem

ical

s”

The

obje

ctive

of t

his D

ecisi

on is

cons

isten

t with

the

obje

ctive

of t

he R

otter

dam

Con

venti

on, a

dopt

ed b

y La

w

no. 1

0277

, dat

ed 1

3.05

.201

0, “O

n ac

cess

ion

of th

e Re

publ

ic o

f Alb

ania

in th

e Ro

tterd

am C

onve

ntion

On

the

proc

edur

e of

Prio

r Inf

orm

ed C

onse

nt fo

r cer

tain

haz

ardo

us c

hem

ical

s an

d pr

oduc

ts fo

r pla

nt p

rote

ction

in

inte

rnati

onal

trad

e.”

This

deci

sion

tran

spos

es t

he R

egul

ation

(EC)

no.

649

/201

2 of

the

Eur

opea

n Pa

rliam

ent

and

the

Coun

cil,

date

d Ju

ly 4

, 201

2, c

once

rnin

g th

e ex

port

and

impo

rt o

f dan

gero

us c

hem

ical

s

At A

nnex

IV “C

hem

ical

s and

haz

ardo

us it

ems p

rohi

bite

d to

be

expo

rted

”, Ta

ble.

2 “O

ther

chem

ical

s pro

hib-

ited

to b

e ex

port

ed, b

esid

es th

ose

liste

d in

App

endi

ces

A an

d B

to th

e St

ockh

olm

Con

venti

on o

n PO

Ps”

of

this

DCM

, the

re a

re in

clud

ed C

osm

etic

soap

s con

tain

ing

mer

cury

.

Page 38: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

With

resp

ect t

o pa

rt I

of A

nnex

A ”

Mer

cury

add

ed p

rodu

cts”

of M

inam

ata

Conv

entio

n re

gard

ing

the

phas

e-ou

t of t

he m

anuf

actu

re,

impo

rt o

r exp

ort o

f mer

cury

con

tain

ing

prod

ucts

, som

e pr

ovisi

ons

on m

ercu

ry c

onte

nt in

batt

erie

s an

d ac

cum

ulat

ors

are

in p

lace

in

Alba

nia

thro

ugh

DCM

No

866

of 0

4.12

.201

2 “O

n ba

tterie

s, a

ccum

ulat

ors a

nd th

eir w

aste

”.

Som

e pr

ovisi

ons

rela

ted

to th

e m

ercu

ry c

onta

inin

g el

ectr

ical

com

pone

nts

and

fluor

esce

nt la

mps

are

in p

lace

from

DCM

No.

957

of

19.1

2.20

12 o

n w

aste

ele

ctric

al a

nd e

lect

roni

c eq

uipm

ent,

bur t

hese

pro

visio

ns a

re m

ostly

rela

ted

to th

e w

aste

man

agem

ent o

f the

se

com

pone

nts,

incl

udin

g th

e pr

oper

labe

lling

, alth

ough

the

repl

acem

ent o

f hea

vy m

etal

s with

suita

ble

alte

rnati

ves i

s pro

mot

ed.

Min

istry

of E

nviro

nmen

t has

pre

pare

d a

Draft

DCM

on

the

rest

rictio

ns o

n th

e m

anuf

actu

re, p

laci

ng o

n th

e m

arke

t and

use

of c

erta

in

haza

rdou

s ch

emic

als

and

artic

les,

whi

ch fu

lly a

ppro

xim

ates

Ann

ex X

VII o

f REA

CH R

egul

ation

190

7/20

06. T

his

draft

DCM

is to

be

adop

ted

soon

. At A

nnex

1 o

f thi

s dra

ft, c

hapt

er 1

: “Li

st o

f ban

ned

and

rest

ricte

d su

bsta

nces

”, ar

e in

clud

ed m

ercu

ry c

ompo

unds

, mai

nly

as b

io-

cida

l pro

duct

s and

mer

cury

.

Pesti

cide

s (p

lant

pro

tecti

on p

rodu

cts)

und

ergo

a r

egist

ratio

n pr

oces

s in

Alb

ania

bef

ore

bein

g im

port

ed o

r pu

t on

the

mar

ket.

Onl

y ac

tive

ingr

edie

nts

allo

wed

in E

U a

re a

llow

ed to

be

regi

ster

ed in

Alb

ania

. A s

imila

r situ

ation

is fo

r bio

cida

l pro

duct

s, w

hich

legi

slatio

n is

unde

r rev

ision

. Yet

, an

expl

icit

ban

of m

ercu

ry c

onta

inin

g pe

stici

des a

nd b

ioci

des,

sim

ilarly

with

the

one

requ

ired

by th

e M

inam

ata

Conv

entio

n an

d th

e Pr

opos

al fo

r a R

egul

ation

of t

he E

urop

ean

Parli

amen

t and

of t

he C

ounc

il on

mer

cury

and

repe

alin

g Re

gula

tion

(EC)

N

o 11

02/2

008

coul

d be

par

t of t

he le

gal m

easu

res f

or th

e im

plem

enta

tion

of M

inam

ata

Conv

entio

n

With

resp

ect t

o pa

rt II

of A

nnex

A ”

Mer

cury

add

ed p

rodu

cts”

on

mea

sure

s to

be

take

n to

pha

se d

own

the

use

of d

enta

l am

alga

m, i

t w

as n

ot fo

und

any

legi

slatio

n in

pla

ce in

Alb

ania

on

dent

al a

mal

gam

. Bas

ed o

n th

e m

ercu

ry in

vent

ory,

it is

need

ed th

e pr

epar

ation

of

pro

visio

ns to

pha

se d

own

the

dent

al a

mal

gam

. Dep

endi

ng o

n th

e re

sults

of t

he in

vent

ory,

as a

min

imum

, cou

ld b

e co

nsid

ered

the

mea

sure

s pr

ovid

ed b

y th

e pr

opos

ed R

egul

ation

of t

he E

urop

ean

Parli

amen

t and

of t

he C

ounc

il on

Mer

cury

and

repe

alin

g Re

gula

tion

(EC)

No

1102

/200

8, th

at a

re th

e us

e of

den

tal a

mal

gam

onl

y in

enc

apsu

late

d fo

rm a

nd th

at d

enta

l fac

ilitie

s be

equi

pped

with

am

alga

m

sepa

rato

rs to

reta

in a

nd c

olle

ct m

ercu

ry c

onta

inin

g am

alga

m re

sidue

s.

Rule

s fo

r re

duci

ng m

ercu

ry in

pro

duct

s ar

e pl

anne

d to

be

prep

ared

und

er th

e La

w N

o. 2

7/20

16 O

n ch

emic

als

man

agem

ent,

date

d 17

.03.

2016

, in

com

plia

nce

with

the

prop

osed

Reg

ulati

on o

f the

Eur

opea

n Pa

rliam

ent a

nd o

f the

Cou

ncil

on M

ercu

ry a

nd re

peal

ing

Regu

latio

n (E

C) N

o 11

02/2

008

and

acco

rdin

g to

the

requ

irem

ents

of M

inam

ata

Conv

entio

n.

Page 39: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

5 - M

ANU

FACT

URI

NG

PRO

CESS

ES IN

WHI

CH M

ERCU

RY O

R M

ERCU

RY C

OM

POU

NDS

ARE

USE

D

Desc

riptio

n of

Arti

cle:

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Not

allo

w th

e us

e of

mer

cury

or m

ercu

ry c

ompo

unds

in th

e m

anuf

actu

ring

proc

esse

s list

ed in

Par

t I o

f An

nex

B

- Res

tric

t (as

spec

ified

in th

e An

nex)

the

use

of m

ercu

ry in

the

proc

esse

s list

ed in

Par

t II o

f Ann

ex B

- Not

allo

w n

ew fa

ciliti

es fr

om u

sing

mer

cury

in th

e pr

oces

ses l

isted

in A

nnex

B, e

xcep

t fac

ilitie

s usin

g m

er-

cury

cat

alys

ts to

pro

duce

pol

yure

than

e - F

or fa

ciliti

es w

ith p

roce

sses

list

ed in

Ann

ex B

, ide

ntify

and

obt

ain

info

rmati

on o

n m

ercu

ry o

r mer

cury

com

poun

d us

e; a

nd c

ontr

ol m

ercu

ry e

miss

ions

to a

ir, a

nd re

leas

es to

la

nd a

nd w

ater

- Disc

oura

ge n

ew u

ses o

f mer

cury

in in

dust

rial p

roce

sses

An

nex

B: M

anuf

actu

ring

proc

esse

s in

whi

ch m

ercu

ry o

r mer

cury

com

poun

ds a

re u

sed

Part

I: P

roce

sses

subj

ect t

o Ar

ticle

5, p

arag

raph

2

- Ch

lor-a

lkal

i pro

ducti

on, p

hase

out

dat

e 20

25

- Ac

etal

dehy

de p

rodu

ction

in w

hich

mer

cury

or m

ercu

ry c

ompo

unds

are

use

d as

a c

atal

yst,

phas

e ou

t da

te 2

018

Part

II: P

roce

sses

subj

ect t

o Ar

ticle

5, p

arag

raph

3:

- Vi

nyl c

hlor

ide

mon

omer

pro

ducti

on

- So

dium

or P

otas

sium

Met

hyla

te o

r Eth

ylat

e

- Pr

oduc

tion

of p

olyu

reth

ane

usin

g m

ercu

ry c

onta

inin

g ca

taly

sts

Page 40: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

no.

104

48, d

ated

14

.7.2

011

“On

the

envi

-ro

nmen

tal p

erm

itting

” re

vise

d;

Ther

e ar

e no

indu

stria

l acti

vitie

s as d

escr

ibed

in A

nnex

B c

urre

ntly

carr

ied

out i

n Al

bani

a. N

ever

thel

ess,

the

indu

stria

l acti

vitie

s des

crib

ed in

Ann

ex B

of t

he C

onve

ntion

are

regu

late

d.

Law

no.

104

48, d

ated

14.

7.20

11 “

On

the

envi

ronm

enta

l per

mitti

ng”

has

tran

spos

ed th

e Di

recti

ve 2

008/

1/EC

“O

n th

e in

tegr

ated

pol

lutio

n pr

even

tion

and

cont

rol”

(IPP

C) a

s am

ende

d by

Dire

ctive

200

9/31

/EC,

and

Di

recti

ve 2

001/

80/E

C “O

n th

e lim

itatio

n of

em

issio

ns o

f cer

tain

pol

luta

nts

into

the

air f

rom

larg

e co

mbu

s-tio

n pl

ants

” as

am

ende

d by

Dire

ctive

200

9/31

/EC

and

man

y ot

her p

erm

itting

prin

cipl

es fo

r a v

ast n

umbe

r of

EC/

Dire

ctive

s, c

reati

ng th

e ba

sis fo

r the

new

per

mitti

ng sy

stem

in A

lban

ia.

This

law

est

ablis

hes

mea

sure

s fo

r pe

rmitti

ng th

e op

erati

on o

f cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

-su

res

desig

ned

to p

reve

nt o

r, w

here

that

is n

ot p

racti

cabl

e, to

redu

ce e

miss

ions

to th

e ai

r, w

ater

and

land

fr

om su

ch a

ctivi

ties,

incl

udin

g m

easu

res c

once

rnin

g w

aste

as w

ell.

Acco

rdin

g to

the

natio

nal l

egisl

ation

requ

irem

ents

, the

indu

stria

l ope

rato

rs h

ave

the

oblig

ation

to m

onito

r an

d re

port

the

env

ironm

enta

l em

issio

ns o

f the

ir ac

tiviti

es b

ased

on

the

cond

ition

s se

t in

the

res

pecti

ve

envi

ronm

enta

l per

mit.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Law

no.

104

48, d

ated

14.

7.20

11 “

On

the

envi

ronm

enta

l per

mitti

ng”

esta

blish

es m

easu

res

for

perm

itting

the

ope

ratio

n of

cer

tain

gr

oups

of p

ollu

ting

activ

ities

, mea

sure

s des

igne

d to

pre

vent

or,

whe

re th

at is

not

pra

ctica

ble,

to re

duce

em

issio

ns to

the

air,

wat

er a

nd

land

from

such

acti

vitie

s, in

clud

ing

mea

sure

s con

cern

ing

was

te a

s wel

l.

Alba

nia

plan

es to

pre

pare

rele

vant

lega

l act

s and

the

natio

nal a

ction

pla

n on

mer

cury

add

ress

ing

the

abov

e lis

ted

prov

ision

s and

oth

er

requ

irem

ents

of t

he C

onve

ntion

, inc

ludi

ng a

lso th

e pr

ohib

ition

of a

ny m

ercu

ry u

se in

thos

e in

dust

rial p

roce

sses

(Ann

ex B

) to

mee

t all

Conv

entio

n ob

ligati

ons r

elat

ed to

such

pro

cess

es u

nder

Arti

cle

5.

Page 41: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

7 –

ARTI

SAN

AL A

ND

SMAL

L-SC

ALE

GO

LD M

ININ

G

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Tak

e m

easu

res t

o re

duce

, and

whe

re fe

asib

le, e

limin

ate

mer

cury

and

mer

cury

com

poun

d us

e, e

miss

ions

(to

air)

, and

rele

ases

(to

land

and

wat

er) a

ssoc

iate

d w

ith A

SGM

Anne

x C:

Arti

sana

l and

smal

l-sca

le g

old

min

ing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

It w

as fo

und

no

ASGM

rela

ted

legi

slatio

n in

Alb

ania

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

It w

as fo

und

no A

SGM

rela

ted

legi

slatio

n in

Alb

ania

Page 42: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

8 - E

MIS

SIO

NS

Succ

inct

sum

mar

y of

pr

ovisi

ons r

elev

ant t

o Al

bani

a

-Tak

e m

easu

res t

o co

ntro

l em

issio

ns, o

ption

ally

pre

pare

a n

ation

al p

lan

setti

ng o

ut m

easu

res t

o be

take

n to

con

trol

em

issio

ns a

nd it

s exp

ecte

d ta

rget

s, g

oals

and

outc

omes

;

- Req

uire

the

use

of b

est a

vaila

ble

tech

niqu

es/b

est e

nviro

nmen

tal p

racti

ces (

BAT/

BEP)

for n

ew (a

s defi

ned

in A

rticl

e 8.

2(c)

) sou

rces

list

ed in

Ann

ex D

- Req

uire

one

or m

ore

mea

sure

s as b

elow

to m

ercu

ry e

miss

ions

con

trol

/red

uce

from

exi

sting

sour

ces

liste

d in

Ann

ex D

, whi

ch sh

all b

e op

erati

onal

at t

he so

urce

with

in 1

0 ye

ars -

Req

uire

mon

itorin

g/re

porti

ng

and

othe

rwise

est

ablis

h a

mer

cury

em

issi

ons i

nven

tory

for s

ourc

es li

sted

in A

nnex

D:

(a)

A qu

antifi

ed g

oal f

or c

ontr

ollin

g an

d, w

here

feas

ible

, red

ucin

g em

issio

ns fr

om re

leva

nt so

urce

s;

(b) E

miss

ion

limit

valu

es fo

r con

trol

ling

and,

whe

re fe

asib

le, r

educ

ing

emiss

ions

from

rele

vant

sour

ces;

(c) T

he u

se o

f bes

t ava

ilabl

e te

chni

ques

and

bes

t env

ironm

enta

l pra

ctice

s to

cont

rol e

miss

ions

from

re

leva

nt so

urce

s;

(d) A

mul

ti-po

lluta

nt c

ontr

ol st

rate

gy th

at w

ould

del

iver

co-

bene

fits f

or c

ontr

ol o

f mer

cury

em

issio

ns;

(e) A

ltern

ative

mea

sure

s to

redu

ce e

miss

ions

from

rele

vant

sour

ces.

Anne

x D:

List

of p

oint

sour

ces o

f em

issio

ns o

f mer

cury

and

mer

cury

com

poun

ds to

the

atm

osph

ere

Poin

t sou

rce

cate

gory

:

- Coa

l-fire

d po

wer

pla

nts;

- Coa

l-fire

d in

dust

rial b

oile

rs;

- Sm

eltin

g an

d ro

astin

g pr

oces

ses u

sed

in th

e pr

oduc

tion

of n

on-fe

rrou

s met

als (

lead

, zin

c, c

oppe

r and

in

dust

rial g

old)

;

- Was

te in

cine

ratio

n fa

ciliti

es;

- Cem

ent c

linke

r pro

ducti

on fa

ciliti

es.

Page 43: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

no.

104

48, d

ated

14

.7.2

011

“On

the

envi

-ro

nmen

tal p

erm

itting

” re

vise

d;

This

law

est

ablis

hes

mea

sure

s fo

r pe

rmitti

ng th

e op

erati

on o

f cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

-su

res

desig

ned

to p

reve

nt o

r, w

here

that

is n

ot p

racti

cabl

e, to

redu

ce e

miss

ions

to th

e ai

r, w

ater

and

land

fr

om su

ch a

ctivi

ties,

incl

udin

g m

easu

res c

once

rnin

g w

aste

as w

ell.

Acco

rdin

g to

the

natio

nal l

egisl

ation

requ

irem

ents

, the

indu

stria

l ope

rato

rs h

ave

the

oblig

ation

to m

onito

r an

d re

port

the

env

ironm

enta

l em

issio

ns o

f the

ir ac

tiviti

es b

ased

on

the

cond

ition

s se

t in

the

res

pecti

ve

envi

ronm

enta

l per

mit.

Artic

le 5

of t

he la

w 1

0448

, dat

ed 1

4.7.

2011

fore

sees

the

prep

arati

on o

f BA

Ts in

Alb

ania

n la

ngua

ge a

ccor

d-in

g to

the

EU B

REF-

s (B

AT R

efer

ence

Doc

umen

ts) o

r oth

er re

fere

nce

docu

men

ts fo

r the

spe

cific

acti

vitie

s in

the

coun

try.

DC

M n

o. 7

42 o

f 9.

9.20

15 “

On

func

tion-

ing

and

man

agem

ent

of th

e PR

TR, a

ppro

val o

f th

e lis

t of a

ctivi

ties a

nd

pollu

tant

s tha

t are

sub-

ject

to th

is re

gist

er, .

.”

This

DCM

est

ablis

hes t

he in

tegr

ated

pol

luta

nt re

leas

e an

d tr

ansf

er re

gist

er (P

RTR)

in A

lban

ia in

the

form

of a

pu

blic

ly a

cces

sible

ele

ctro

nic

data

base

. Thi

s dec

ision

par

tially

tran

spos

es th

e Re

gula

tion

of th

e Co

unci

l and

th

e Eu

rope

an P

arlia

men

t EC/

166/

2006

on

the

Euro

pean

Pol

luta

nt R

elea

se a

nd T

rans

fer R

egist

er a

men

ded

by R

egul

ation

596

/200

9. A

lso, t

his

deci

sion

addr

esse

s th

e re

quire

men

ts o

f the

Pro

toco

l on

PRTR

, rati

fied

by A

lban

ia t

hrou

gh t

he L

aw n

o. 9

548,

dat

ed 0

1.06

.200

6 “O

n ac

cess

ion

of t

he R

epub

lic o

f Alb

ania

to t

he

Prot

ocol

on

Pollu

tant

s Rel

ease

and

Tra

nsfe

r Reg

ister

Law

No.

942

5 of

6.

10.2

005

“On

the

adhe

ring

of th

e Re

publ

ic

of A

lban

ia to

the

1979

Co

nven

tion

on L

ong-

rang

e Tr

ansb

ound

ary

Air

Pollu

tion”

.

One

of t

he o

blig

ation

s und

er th

e CL

RTAP

is th

e de

velo

pmen

t of t

he a

ir em

issio

n in

vent

ory.

Alb

ania

has

de-

velo

ped

the

emiss

ion

inve

ntor

y ac

cord

ing

to th

e Gu

idel

ines

for R

epor

ting

Emiss

ion

Data

und

er th

e Co

nven

-tio

n on

Long

-Ran

ge Tr

ansb

ound

ary

Air P

ollu

tion,

the

EMEP

/EEA

Air

Pollu

tant

Em

issio

n In

vent

ory

Guid

eboo

k 20

09 a

nd th

e 20

06 IP

CC G

uide

lines

for N

ation

al G

reen

hous

e Ga

s Inv

ento

ries.

Am

ong

othe

r pol

luta

nts,

the

inve

ntor

y in

clud

es M

ercu

ry.

Page 44: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

In fr

ame

of th

e EU

IPA

2013

Pro

ject

“Te

chni

cal A

ssist

ance

for I

nstit

ution

Bui

ldin

g of

the

Min

istry

of E

nviro

n-m

ent i

n En

forc

ing

Envi

ronm

enta

l and

Clim

ate

Acqu

is (IB

ECA)

“ (E

urop

eAid

/135

700/

DH/S

ER/A

L), b

y 20

17 is

go

ing

to b

e de

velo

ped

a Dr

aft M

inist

eria

l Gui

danc

e on

BAT

for c

emen

t man

ufac

ture

, bric

k m

anuf

actu

re &

po

ultr

y fa

rms.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Alba

nia

has

in p

lace

the

legi

slatio

n ad

dres

sing

the

emiss

ions

to th

e ai

r. La

w n

o. 1

0448

, of 1

4.7.

2011

“O

n th

e en

viro

nmen

tal p

erm

it-tin

g” re

vise

d, w

hich

est

ablis

hes m

easu

res f

or p

erm

itting

the

oper

ation

of c

erta

in g

roup

s of p

ollu

ting

activ

ities

, mea

sure

s des

igne

d to

pr

even

t or,

redu

ce e

miss

ions

to th

e ai

r, w

ater

and

land

from

suc

h ac

tiviti

es, i

nclu

ding

mea

sure

s co

ncer

ning

was

te. A

ccor

ding

to th

e la

w o

n en

viro

nmen

tal p

erm

itting

, the

indu

stria

l ope

rato

rs h

ave

the

oblig

ation

to m

onito

r and

repo

rt th

e en

viro

nmen

tal e

miss

ions

of

thei

r acti

vitie

s bas

ed o

n th

e co

nditi

ons s

et in

the

resp

ectiv

e en

viro

nmen

tal p

erm

it.

Artic

le 5

of t

his l

aw fo

rese

es th

e pr

epar

ation

of B

est A

vaila

ble

Tech

nolo

gies

(BAT

) in

Alba

nian

lang

uage

acc

ordi

ng to

the

EU B

AT R

ef-

eren

ce D

ocum

ents

(BRE

F-s)

or o

ther

refe

renc

e do

cum

ents

for t

he s

peci

fic a

ctivi

ties

in th

e co

untr

y.

Alba

nia

has

ratifi

ed t

he C

onve

ntion

on

Long

-Ran

ge T

rans

boun

dary

Air

Pollu

tion

and

has

parti

ally

tra

nspo

sed

the

Regu

latio

n of

the

Co

unci

l and

the

Euro

pean

Par

liam

ent E

C/16

6/20

06 o

n th

e Eu

rope

an P

ollu

tant

Rel

ease

and

Tra

nsfe

r Reg

ister

am

ende

d by

Reg

ulati

on

596/

2009

. In

fram

e of

thes

e in

tern

ation

al co

mm

itmen

ts, a

s wel

l as i

n fr

ame

of a

n IP

A 20

13 p

roje

ct “

Tech

nica

l Ass

istan

ce fo

r Ins

tituti

on

Build

ing

of th

e M

inist

ry o

f Env

ironm

ent i

n En

forc

ing

Envi

ronm

enta

l and

Clim

ate

Acqu

is (IB

ECA)

“, a

Dra

ft M

inist

eria

l Gui

danc

e on

BAT

fo

r cem

ent m

anuf

actu

re a

nd o

ther

indu

strie

s will

be

prod

uced

.

Best

ava

ilabl

e te

chni

ques

/bes

t env

ironm

enta

l pra

ctice

s (BA

T/BE

P) ta

king

into

acc

ount

any

diff

eren

ce b

etw

een

new

and

exi

sting

sour

c-es

list

ed in

Ann

ex D

of t

he M

inam

ata

Conv

entio

n (c

oal-fi

red

pow

er p

lant

s, c

oal-fi

red

indu

stria

l boi

lers

, non

-ferr

ous

met

al s

mel

ting

and

roas

ting

proc

esse

s, w

aste

inci

nera

tion,

and

cem

ent p

rodu

ction

) will

be

adop

ted

by C

onfe

renc

e of

the

Parti

es a

t its

firs

t mee

ting,

ac

cord

ing

to p

oint

8 o

f Arti

cle

8 of

the

Conv

entio

n. T

hese

, tog

ethe

r with

the

supp

ort i

n de

term

inin

g go

als

and

setti

ng e

miss

ion

limit

valu

es w

ill b

e a

big

help

for A

lban

ia fr

om th

e Co

nven

tion.

Page 45: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

9 - R

ELEA

SES

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Ide

ntific

ation

of t

he re

leva

nt p

oint

sour

ce c

ateg

orie

s no

late

r tha

n th

ree

year

s afte

r ent

ry in

to fo

rce

of

the

Conv

entio

n fo

r Alb

ania

- Tak

e m

easu

res t

o co

ntro

l rel

ease

s, p

ossib

ly p

repa

re a

nati

onal

pla

n fo

r it.

The

plan

mus

t be

subm

itted

to

CoP

with

in fo

ur y

ears

afte

r ent

ry in

to fo

rce

of th

e Co

nven

tion

for A

lban

ia.

- Req

uire

repo

rting

or o

ther

wise

obt

ain

info

rmati

on a

s nee

ded

to id

entif

y sig

nific

ant s

ourc

es o

f mer

cury

/m

ercu

ry c

ompo

und

rele

ases

to la

nd o

r wat

er, a

nd to

mai

ntai

n an

inve

ntor

y of

rele

ases

from

the

sour

ces

iden

tified

- Tak

e as

app

ropr

iate

one

or m

ore

mea

sure

s as b

elow

to c

ontr

ol/r

educ

e m

ercu

ry a

nd m

ercu

ry c

ompo

und

rele

ases

to la

nd a

nd w

ater

from

sign

ifica

nt so

urce

s:

(a) R

elea

se li

mit

valu

es to

con

trol

and

, whe

re fe

asib

le, r

educ

e re

leas

es fr

om re

leva

nt so

urce

s;

(b) T

he u

se o

f bes

t ava

ilabl

e te

chni

ques

and

bes

t env

ironm

enta

l pra

ctice

s to

cont

rol r

elea

ses f

rom

rel-

evan

t sou

rces

;

(c) A

mul

ti-po

lluta

nt c

ontr

ol st

rate

gy th

at w

ould

del

iver

co-

bene

fits f

or c

ontr

ol o

f mer

cury

rele

ases

;

(d) A

ltern

ative

mea

sure

s to

redu

ce re

leas

es fr

om re

leva

nt so

urce

s.

A n

ation

al p

lan

may

be

prep

ared

.

Page 46: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

no.

104

48, o

f 14

.7.2

011“

On

the

envi

-ro

nmen

tal p

erm

itting

Und

er t

he L

aw n

o. 1

0448

, dat

ed 1

4.7.

2011

“O

n th

e en

viro

nmen

tal p

erm

itting

”, pr

ivat

e co

mpa

nies

/ope

r-at

ors,

whi

ch h

ave

been

sub

ject

to

an e

nviro

nmen

tal p

erm

it (‘A

’ and

/ or

‘B’)

are

oblig

ed t

o pe

rfor

m t

he

self-

mon

itorin

g pr

oced

ures

thr

ough

cer

tified

mon

itorin

g st

ruct

ures

/ la

bora

torie

s, a

ccor

ding

to t

he s

peci

-fic

ation

s an

d co

nditi

ons

fore

seen

in t

he e

nviro

nmen

tal p

erm

it, a

s w

ell a

s th

e en

viro

nmen

tal p

erm

itting

le

gisla

tion

in fo

rce,

and

to su

bmit

the

repo

rt to

the

Nati

onal

Env

ironm

enta

l Age

ncy.

This

law

est

ablis

hes

mea

sure

s fo

r pe

rmitti

ng th

e op

erati

on o

f cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

-su

res

desig

ned

to p

reve

nt o

r, w

here

that

is n

ot p

racti

cabl

e, to

redu

ce e

miss

ions

to th

e ai

r, w

ater

and

land

fr

om su

ch a

ctivi

ties,

incl

udin

g m

easu

res c

once

rnin

g w

aste

as w

ell.

DCM

No.

742

of 9

.9.2

015

“On

func

tioni

ng a

nd

man

agem

ent o

f the

PR

TR, a

ppro

val o

f the

lis

t of a

ctivi

ties a

nd p

ol-

luta

nts t

hat a

re su

bjec

t to

this

regi

ster

...”

This

DCM

est

ablis

hes t

he in

tegr

ated

pol

luta

nt re

leas

e an

d tr

ansf

er re

gist

er (P

RTR)

in A

lban

ia in

the

form

of a

pu

blic

ly a

cces

sible

ele

ctro

nic

data

base

. Thi

s dec

ision

par

tially

tran

spos

es th

e Re

gula

tion

of th

e Co

unci

l and

th

e Eu

rope

an P

arlia

men

t EC/

166/

2006

on

the

Euro

pean

Pol

luta

nt R

elea

se a

nd T

rans

fer R

egist

er a

men

ded

by R

egul

ation

596

/200

9. A

lso, t

his

deci

sion

addr

esse

s th

e re

quire

men

ts o

f the

Pro

toco

l on

PRTR

, rati

fied

by A

lban

ia t

hrou

gh t

he L

aw n

o. 9

548,

dat

ed 0

1.06

.200

6 “O

n ac

cess

ion

of t

he R

epub

lic o

f Alb

ania

to t

he

Prot

ocol

on

Pollu

tant

s Rel

ease

and

Tra

nsfe

r Reg

ister

DCM

No

46 o

f 29

.01.

2014

“O

n th

e se

t up

and

func

tioni

ng o

f th

e St

ate

Insp

ecto

rate

of

Envi

ronm

ent,

Fore

stry

an

d W

ater

(SIE

FW);

and

DCM

no.

138

, of

19.1

1.20

12 “

On

the

new

st

ruct

ure

of th

e N

ation

al

Envi

ronm

ent A

genc

y (N

EA)”

The

Stat

e In

spec

tora

te o

f Env

ironm

ent,

Fore

stry

and

Wat

er (S

IEFW

) is t

he m

ain

insp

ectio

n st

ruct

ure

of th

e M

inist

ry o

f Env

ironm

ent

(MoE

) inv

olve

d in

mon

itorin

g an

d en

forc

emen

t of

env

ironm

enta

l leg

al r

equi

re-

men

ts. T

he m

ain

dutie

s of S

IEFW

rela

ted

to th

e ab

ove

men

tione

d PR

TR D

ecisi

on n

o.74

2, d

ated

09.

09.2

015,

ar

e: t

o co

ntro

l the

com

plia

nce

of t

he a

ctivi

ties

with

env

ironm

enta

l leg

islati

on in

gen

eral

; to

insp

ect

and

mon

itor t

he c

ompl

ianc

e of

the

oper

ator

s with

the

envi

ronm

enta

l per

mit;

to ta

ke m

easu

res a

gain

st th

e op

-er

ator

s th

at d

o no

t com

ply

with

the

envi

ronm

enta

l leg

islati

on in

clud

ing

repo

rting

obl

igati

ons

(adm

inist

ra-

tive,

pen

alty

, per

mit

revo

ke, e

tc.).

The

NEA

exe

rcise

s its

juris

dicti

on in

the

who

le t

errit

ory

of t

he R

epub

lic o

f Alb

ania

thr

ough

the

Reg

iona

l En

viro

nmen

tal A

genc

ies.

Som

e of

the

mai

n fu

nctio

ns o

f the

NEA

are

: im

plem

enta

tion

of p

roce

dure

s re

late

d to

env

ironm

enta

l per

-m

itting

and

env

ironm

enta

l im

pact

ass

essm

ent,

as w

ell a

s th

e im

plem

entin

g of

the

envi

ronm

enta

l lia

bilit

y pr

inci

ple;

mon

itorin

g th

e st

ate

of e

nviro

nmen

t on

the

mai

n en

viro

nmen

tal i

ndic

ator

s (ac

cord

ing

to D

CM N

o 11

38 o

f 18.

11.2

009

“On

the

rule

s an

d pr

oced

ures

on

the

Nati

onal

Mon

itorin

g Pr

ogra

mm

e”)<

, setti

ng u

p an

d m

anag

emen

t of t

he E

nviro

nmen

tal I

nfor

mati

on S

yste

m a

nd P

RTR.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Alba

nia

has

in p

lace

the

legi

slatio

n ad

dres

sing

the

rele

ases

of t

he p

ollu

tant

s. L

aw n

o. 1

0448

, of 1

4.7.

2011

“O

n th

e en

viro

nmen

tal

perm

itting

” re

vise

d, e

stab

lishe

s m

easu

res

for

perm

itting

the

ope

ratio

n of

cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

sure

s de

signe

d to

pre

vent

or,

whe

re th

at is

not

pra

ctica

ble,

to re

duce

em

issio

ns to

the

air,

wat

er a

nd la

nd fr

om s

uch

activ

ities

, inc

ludi

ng m

easu

res

conc

erni

ng w

aste

as w

ell.

Artic

le 5

of t

he la

w 1

0448

, dat

ed 1

4.7.

2011

fore

sees

the

prep

arati

on o

f Bes

t Ava

ilabl

e Te

chno

logi

es (B

AT) i

n Al

bani

an la

ngua

ge a

c-co

rdin

g to

the

EU B

AT R

efer

ence

Doc

umen

ts (B

REF-

s) o

r oth

er re

fere

nce

docu

men

ts fo

r the

spe

cific

acti

vitie

s in

the

coun

try.

The

legi

slatio

n on

the

inte

grat

ed p

ollu

tant

rele

ase

and

tran

sfer

regi

ster

is in

pla

ce in

Alb

ania

. DCM

no.

742

of 9

.9.2

015

“ O

n fu

nctio

n-in

g an

d m

anag

emen

t of t

he P

RTR,

and

app

rova

l of t

he li

st o

f acti

vitie

s and

pol

luta

nts t

hat a

re su

bjec

t to

this

regi

ster

...” e

stab

lishe

s the

in

tegr

ated

pol

luta

nt re

leas

e an

d tr

ansf

er re

gist

er (P

RTR)

in A

lban

ia in

the

form

of a

pub

licly

acc

essib

le e

lect

roni

c da

taba

se.

CoP

will

ado

pt g

uida

nce

on (a

) BAT

/BEP

, tak

ing

into

acc

ount

any

diff

eren

ce b

etw

een

new

and

exi

sting

sou

rces

and

the

need

to m

ini-

mize

cro

ss-m

edia

effe

cts,

and

on

(b) t

he m

etho

dolo

gy fo

r pre

parin

g in

vent

orie

s of

rele

ases

. The

se g

uida

nce

docu

men

ts n

eed

to b

e ta

ken

into

con

sider

ation

and

ado

pted

in th

e na

tiona

l leg

islati

on /

disc

harg

e no

rms.

Page 47: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

no.

104

48, o

f 14

.7.2

011“

On

the

envi

-ro

nmen

tal p

erm

itting

Und

er t

he L

aw n

o. 1

0448

, dat

ed 1

4.7.

2011

“O

n th

e en

viro

nmen

tal p

erm

itting

”, pr

ivat

e co

mpa

nies

/ope

r-at

ors,

whi

ch h

ave

been

sub

ject

to

an e

nviro

nmen

tal p

erm

it (‘A

’ and

/ or

‘B’)

are

oblig

ed t

o pe

rfor

m t

he

self-

mon

itorin

g pr

oced

ures

thr

ough

cer

tified

mon

itorin

g st

ruct

ures

/ la

bora

torie

s, a

ccor

ding

to t

he s

peci

-fic

ation

s an

d co

nditi

ons

fore

seen

in t

he e

nviro

nmen

tal p

erm

it, a

s w

ell a

s th

e en

viro

nmen

tal p

erm

itting

le

gisla

tion

in fo

rce,

and

to su

bmit

the

repo

rt to

the

Nati

onal

Env

ironm

enta

l Age

ncy.

This

law

est

ablis

hes

mea

sure

s fo

r pe

rmitti

ng th

e op

erati

on o

f cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

-su

res

desig

ned

to p

reve

nt o

r, w

here

that

is n

ot p

racti

cabl

e, to

redu

ce e

miss

ions

to th

e ai

r, w

ater

and

land

fr

om su

ch a

ctivi

ties,

incl

udin

g m

easu

res c

once

rnin

g w

aste

as w

ell.

DCM

No.

742

of 9

.9.2

015

“On

func

tioni

ng a

nd

man

agem

ent o

f the

PR

TR, a

ppro

val o

f the

lis

t of a

ctivi

ties a

nd p

ol-

luta

nts t

hat a

re su

bjec

t to

this

regi

ster

...”

This

DCM

est

ablis

hes t

he in

tegr

ated

pol

luta

nt re

leas

e an

d tr

ansf

er re

gist

er (P

RTR)

in A

lban

ia in

the

form

of a

pu

blic

ly a

cces

sible

ele

ctro

nic

data

base

. Thi

s dec

ision

par

tially

tran

spos

es th

e Re

gula

tion

of th

e Co

unci

l and

th

e Eu

rope

an P

arlia

men

t EC/

166/

2006

on

the

Euro

pean

Pol

luta

nt R

elea

se a

nd T

rans

fer R

egist

er a

men

ded

by R

egul

ation

596

/200

9. A

lso, t

his

deci

sion

addr

esse

s th

e re

quire

men

ts o

f the

Pro

toco

l on

PRTR

, rati

fied

by A

lban

ia t

hrou

gh t

he L

aw n

o. 9

548,

dat

ed 0

1.06

.200

6 “O

n ac

cess

ion

of t

he R

epub

lic o

f Alb

ania

to t

he

Prot

ocol

on

Pollu

tant

s Rel

ease

and

Tra

nsfe

r Reg

ister

DCM

No

46 o

f 29

.01.

2014

“O

n th

e se

t up

and

func

tioni

ng o

f th

e St

ate

Insp

ecto

rate

of

Envi

ronm

ent,

Fore

stry

an

d W

ater

(SIE

FW);

and

DCM

no.

138

, of

19.1

1.20

12 “

On

the

new

st

ruct

ure

of th

e N

ation

al

Envi

ronm

ent A

genc

y (N

EA)”

The

Stat

e In

spec

tora

te o

f Env

ironm

ent,

Fore

stry

and

Wat

er (S

IEFW

) is t

he m

ain

insp

ectio

n st

ruct

ure

of th

e M

inist

ry o

f Env

ironm

ent

(MoE

) inv

olve

d in

mon

itorin

g an

d en

forc

emen

t of

env

ironm

enta

l leg

al r

equi

re-

men

ts. T

he m

ain

dutie

s of S

IEFW

rela

ted

to th

e ab

ove

men

tione

d PR

TR D

ecisi

on n

o.74

2, d

ated

09.

09.2

015,

ar

e: t

o co

ntro

l the

com

plia

nce

of t

he a

ctivi

ties

with

env

ironm

enta

l leg

islati

on in

gen

eral

; to

insp

ect

and

mon

itor t

he c

ompl

ianc

e of

the

oper

ator

s with

the

envi

ronm

enta

l per

mit;

to ta

ke m

easu

res a

gain

st th

e op

-er

ator

s th

at d

o no

t com

ply

with

the

envi

ronm

enta

l leg

islati

on in

clud

ing

repo

rting

obl

igati

ons

(adm

inist

ra-

tive,

pen

alty

, per

mit

revo

ke, e

tc.).

The

NEA

exe

rcise

s its

juris

dicti

on in

the

who

le t

errit

ory

of t

he R

epub

lic o

f Alb

ania

thr

ough

the

Reg

iona

l En

viro

nmen

tal A

genc

ies.

Som

e of

the

mai

n fu

nctio

ns o

f the

NEA

are

: im

plem

enta

tion

of p

roce

dure

s re

late

d to

env

ironm

enta

l per

-m

itting

and

env

ironm

enta

l im

pact

ass

essm

ent,

as w

ell a

s th

e im

plem

entin

g of

the

envi

ronm

enta

l lia

bilit

y pr

inci

ple;

mon

itorin

g th

e st

ate

of e

nviro

nmen

t on

the

mai

n en

viro

nmen

tal i

ndic

ator

s (ac

cord

ing

to D

CM N

o 11

38 o

f 18.

11.2

009

“On

the

rule

s an

d pr

oced

ures

on

the

Nati

onal

Mon

itorin

g Pr

ogra

mm

e”)<

, setti

ng u

p an

d m

anag

emen

t of t

he E

nviro

nmen

tal I

nfor

mati

on S

yste

m a

nd P

RTR.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Alba

nia

has

in p

lace

the

legi

slatio

n ad

dres

sing

the

rele

ases

of t

he p

ollu

tant

s. L

aw n

o. 1

0448

, of 1

4.7.

2011

“O

n th

e en

viro

nmen

tal

perm

itting

” re

vise

d, e

stab

lishe

s m

easu

res

for

perm

itting

the

ope

ratio

n of

cer

tain

gro

ups

of p

ollu

ting

activ

ities

, mea

sure

s de

signe

d to

pre

vent

or,

whe

re th

at is

not

pra

ctica

ble,

to re

duce

em

issio

ns to

the

air,

wat

er a

nd la

nd fr

om s

uch

activ

ities

, inc

ludi

ng m

easu

res

conc

erni

ng w

aste

as w

ell.

Artic

le 5

of t

he la

w 1

0448

, dat

ed 1

4.7.

2011

fore

sees

the

prep

arati

on o

f Bes

t Ava

ilabl

e Te

chno

logi

es (B

AT) i

n Al

bani

an la

ngua

ge a

c-co

rdin

g to

the

EU B

AT R

efer

ence

Doc

umen

ts (B

REF-

s) o

r oth

er re

fere

nce

docu

men

ts fo

r the

spe

cific

acti

vitie

s in

the

coun

try.

The

legi

slatio

n on

the

inte

grat

ed p

ollu

tant

rele

ase

and

tran

sfer

regi

ster

is in

pla

ce in

Alb

ania

. DCM

no.

742

of 9

.9.2

015

“ O

n fu

nctio

n-in

g an

d m

anag

emen

t of t

he P

RTR,

and

app

rova

l of t

he li

st o

f acti

vitie

s and

pol

luta

nts t

hat a

re su

bjec

t to

this

regi

ster

...” e

stab

lishe

s the

in

tegr

ated

pol

luta

nt re

leas

e an

d tr

ansf

er re

gist

er (P

RTR)

in A

lban

ia in

the

form

of a

pub

licly

acc

essib

le e

lect

roni

c da

taba

se.

CoP

will

ado

pt g

uida

nce

on (a

) BAT

/BEP

, tak

ing

into

acc

ount

any

diff

eren

ce b

etw

een

new

and

exi

sting

sou

rces

and

the

need

to m

ini-

mize

cro

ss-m

edia

effe

cts,

and

on

(b) t

he m

etho

dolo

gy fo

r pre

parin

g in

vent

orie

s of

rele

ases

. The

se g

uida

nce

docu

men

ts n

eed

to b

e ta

ken

into

con

sider

ation

and

ado

pted

in th

e na

tiona

l leg

islati

on /

disc

harg

e no

rms.

Page 48: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

10 –

EN

VIRO

NM

ENTA

LLY

SOU

ND

INTE

RIM

STO

RAG

E O

F M

ERCU

RY, O

THER

THA

N W

ASTE

MER

CURY

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

Take

mea

sure

s to

ensu

re in

terim

stor

age

of m

ercu

ry a

nd it

s com

poun

ds in

tend

ed fo

r a u

se a

llow

ed to

a

Part

y is

cond

ucte

d in

an

envi

ronm

enta

lly so

und

man

ner,

taki

ng in

to a

ccou

nt re

leva

nt g

uide

lines

dev

el-

oped

und

er th

e Ba

sel C

onve

ntion

and

add

ition

al re

quire

men

ts fo

r int

erim

stor

age

that

may

be

adop

ted

by th

e Co

nfer

ence

of t

he P

artie

s (CO

P)Po

licy

and

regu

lato

ry m

easu

res i

n pl

ace

that

ena

ble

the

coun

try

to c

ompl

y w

ith th

e ab

ove

liste

d pr

ovis

ions

:Re

gula

tory

Mea

sure

Aspe

cts a

ddre

ssed

by

polic

y/Re

gula

tory

mea

sure

:La

w N

o. 2

7/20

16 o

f 17

.03.

2016

“O

n ch

emi-

cals

man

agem

ent”

,

This

is a

fram

e La

w th

at tr

ansp

oses

par

tly R

EACH

and

CLP

EU

Reg

ulati

ons.

At p

oint

4 o

f Arti

cle

23 o

f thi

s Law

it is

stipu

late

d th

at ru

les f

or b

anni

ng th

e ex

port

of m

etal

lic m

ercu

ry,

com

poun

ds a

nd c

erta

in m

ercu

ry m

ixtu

res,

safe

stor

age

of m

etal

lic m

ercu

ry a

nd sp

ecifi

c cr

iteria

for t

he

stor

age

of m

etal

lic m

ercu

ry c

onsid

ered

as w

aste

will

be

appr

oved

by

the

Coun

cil o

f Min

ister

s with

the

prop

osal

of t

he m

inist

er re

spon

sible

for t

he e

nviro

nmen

t.

Law

Nr.8

216,

of

13.5

.199

7 on

acc

essio

n of

the

Repu

blic

of A

lba-

nia

to th

e Ba

sel C

onve

n-tio

n

Base

l Con

venti

on is

ratifi

ed b

y Al

bani

a

Law

No.

10

463

of

22.9

.201

1 “O

n in

tegr

at-

ed w

aste

man

agem

ent”

This

Law

est

ablis

hes t

he d

efini

tion

for “

Tem

pora

ry st

orag

e”, w

hich

is k

eepi

ng in

one

pla

ce in

ord

er to

mai

n-ta

in th

e w

aste

for a

per

iod

not m

ore

than

a y

ear w

ithou

t per

form

ing

oper

ation

s th

at le

ad to

cha

ngin

g th

e na

ture

or c

ompo

sition

of t

he w

aste

. Also

Arti

cle

25 o

f thi

s Law

stipu

late

s tha

t haz

ardo

us w

aste

is c

olle

cted

, tr

ansp

orte

d an

d st

ored

tem

pora

rily

only

whe

n is

pack

aged

and

labe

lled

in a

ccor

danc

e w

ith th

is la

w.

Rule

s fo

r pa

ckin

g an

d la

belli

ng o

f haz

ardo

us w

aste

in t

he p

roce

ss o

f col

lecti

on, t

rans

port

and

tem

pora

ry

stor

age

are

to b

e ap

prov

ed b

y a

DCM

.

Page 49: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Acco

rdin

g to

the

Law

No.

27/

2016

of

17.0

3.20

16 “O

n ch

emic

als m

anag

emen

t”,

it is

pred

icte

d th

at r

ules

for t

he sa

fe st

orag

e of

met

al-

lic m

ercu

ry w

ill b

e ap

prov

ed b

y th

e Co

unci

l of M

inist

ers

The

abov

e-m

entio

ned

rule

s ca

n be

bas

ed o

n th

e gu

idel

ines

on

envi

ronm

enta

lly s

ound

inte

rim st

orag

e of

mer

cury

and

mer

cury

com

-po

unds

inte

nded

for a

n al

low

ed u

se (f

or a

Par

ty),

whi

ch w

ill b

e ad

opte

d by

CoP

taki

ng in

to a

ccou

nt re

leva

nt g

uide

lines

und

er B

asel

Co

nven

tion

(poi

nt 3

of A

rticl

e 10

of t

he C

onve

ntion

).

Page 50: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

11 –

MER

CURY

WAS

TES

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Use

the

defin

ition

of m

ercu

ry w

aste

con

siste

nt w

ith A

rticl

e 11

.2: m

ercu

ry w

aste

s mea

ns su

bsta

nces

or

obj

ects

: (a)

Con

sistin

g of

mer

cury

or m

ercu

ry c

ompo

unds

; (b)

Con

tain

ing

mer

cury

or m

ercu

ry c

om-

poun

ds; o

r

(c) C

onta

min

ated

with

mer

cury

or m

ercu

ry c

ompo

unds

, in

a qu

antit

y ab

ove

the

rele

vant

thre

shol

ds d

e-fin

ed b

y th

e Co

nfer

ence

of t

he P

artie

s

- Tak

e m

easu

res t

o m

anag

e m

ercu

ry w

aste

s in

an e

nviro

nmen

tally

soun

d m

anne

r, ta

king

into

acc

ount

gu

idel

ines

dev

elop

ed u

nder

the

Base

l Con

venti

on a

nd in

acc

orda

nce

with

CoP

requ

irem

ents

to b

e de

vel-

oped

.

- Tak

e m

easu

res t

o re

stric

t mer

cury

der

ived

from

the

trea

tmen

t or r

e-us

e of

mer

cury

was

te to

allo

wed

us

es u

nder

the

Conv

entio

n or

env

ironm

enta

lly so

und

disp

osal

- Pre

vent

the

impo

rt a

nd u

se o

f mer

cury

from

prim

ary

mer

cury

min

ing

for a

rtisa

nal a

nd sm

all-s

cale

gol

d m

inin

g (A

SGM

)

- Req

uire

tran

spor

t acr

oss i

nter

natio

nal b

ound

arie

s onl

y fo

r the

pur

pose

of e

nviro

nmen

tally

soun

d di

s-po

sal i

n ac

cord

ance

with

the

Base

l Con

venti

on, o

r if t

he B

asel

Con

venti

on d

oes n

ot a

pply,

con

siste

nt w

ith

inte

rnati

onal

rule

s, st

anda

rds,

and

gui

delin

es.

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

No.

27/

2016

“O

n ch

emic

als m

anag

e-m

ent”

, 17

.03.

2016

This

is a

fram

e La

w th

at tr

ansp

oses

par

tly R

EACH

and

CLP

EU

Reg

ulati

ons.

At p

oint

4 o

f Arti

cle

23 o

f thi

s Law

it is

stipu

late

d th

at ru

les f

or b

anni

ng th

e ex

port

of m

etal

lic m

ercu

ry,

com

poun

ds a

nd c

erta

in m

ercu

ry m

ixtu

res,

safe

stor

age

of m

etal

lic m

ercu

ry a

nd sp

ecifi

c cr

iteria

for t

he

stor

age

of m

etal

lic m

ercu

ry c

onsi

dere

d as

was

te w

ill b

e ap

prov

ed b

y th

e Co

unci

l of M

inist

ers w

ith th

e pr

opos

al o

f the

min

ister

resp

onsib

le fo

r the

env

ironm

ent.

Page 51: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Law

No.

10

463

of

22.9

.201

1 “O

n in

tegr

at-

ed w

aste

man

agem

ent”

This

Law

est

ablis

hes t

he d

efini

tion

for “

Tem

pora

ry st

orag

e”, w

hich

is k

eepi

ng in

one

pla

ce in

ord

er to

m

aint

ain

the

was

te fo

r a p

erio

d no

t mor

e th

an a

yea

r with

out p

erfo

rmin

g op

erati

ons t

hat l

ead

to c

hang

-in

g th

e na

ture

or c

ompo

sition

of t

he w

aste

. Also

Arti

cle

25 o

f thi

s Law

stipu

late

s tha

t haz

ardo

us w

aste

is

colle

cted

, tra

nspo

rted

and

stor

ed te

mpo

raril

y on

ly w

hen

is pa

ckag

ed a

nd la

belle

d in

acc

orda

nce

with

this

law

.

Rule

s for

pac

king

and

labe

lling

of h

azar

dous

was

te in

the

proc

ess o

f col

lecti

on, t

rans

port

and

tem

pora

ry

stor

age

are

to b

e ap

prov

ed b

y a

DCM

.

Law

Nr.8

216,

of

13.5

.199

7 on

acc

es-

sion

of th

e Re

publ

ic o

f Al

bani

a to

the

Base

l Co

nven

tion

“On

the

con-

trol

of t

rans

boun

dary

m

ovem

ents

of h

azar

d-ou

s was

tes a

nd th

eir

disp

osal

Base

l Con

venti

on is

ratifi

ed b

y Al

bani

a

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Acco

rdin

g to

the

Law

No.

27/

2016

“On

chem

ical

s man

agem

ent”

, it i

s pre

dict

ed th

at sp

ecifi

c crit

eria

for t

he st

orag

e of

met

allic

mer

cury

co

nsid

ered

as w

aste

will

be

appr

oved

by

the

Coun

cil o

f Min

ister

s.

In th

e Al

bani

an L

aw N

o. 1

0 46

3 of

22.

9.20

11 “

On

inte

grat

ed w

aste

man

agem

ent”

it is

giv

en th

e de

finiti

on o

f tem

pora

ry st

orag

e, a

nd

are

give

n th

e ba

ses f

or th

e pr

oper

tem

pora

ry st

orag

e of

haz

ardo

us w

aste

. Tec

hnic

al ru

les f

or p

acki

ng a

nd la

belli

ng o

f haz

ardo

us w

aste

in

the

proc

ess o

f col

lecti

on, t

rans

port

and

tem

pora

ry st

orag

e ar

e to

be

appr

oved

by

a DC

M.

The

rule

s fo

r mer

cury

was

te m

anag

emen

t can

be

base

d on

the

guid

elin

es o

n en

viro

nmen

tally

sou

nd m

anag

emen

t of m

ercu

ry w

aste

w

hich

will

be

revi

ewed

and

upd

ated

from

the

CoP

in cl

ose

coop

erati

on w

ith th

e re

leva

nt b

odie

s of B

asel

Con

venti

on (p

oint

4 o

f Arti

cle

11 o

f the

Con

venti

on).

Page 52: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

12 –

CO

NTA

MIN

ATED

SIT

ES

Succ

inct

sum

mar

y of

pr

ovisi

ons r

elev

ant t

o Al

bani

a

- Dev

elop

stra

tegi

es fo

r ide

ntify

ing

and

asse

ssin

g m

ercu

ry/m

ercu

ry c

ompo

und

cont

amin

ated

site

s

- If r

isk re

ducti

on a

ctivi

ties a

re ta

ken

at c

onta

min

ated

site

s, th

ey a

re ta

ken

in a

n en

viro

nmen

tally

soun

d m

anne

r, in

corp

orati

ng ri

sk a

sses

smen

t whe

re a

ppro

pria

te.

CoP

shal

l ado

pt g

uida

nce

on si

te id

entifi

catio

n an

d ch

arac

teriz

ation

, eng

agin

g th

e pu

blic

, hum

an h

ealth

an

d en

viro

nmen

t risk

ass

essm

ent,

optio

ns fo

r man

agin

g th

e ris

ks, e

valu

ation

of b

enefi

ts a

nd c

osts

and

va

lidati

on o

f out

com

es.

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y Re

gula

tor m

easu

re p

olic

y/re

gula

tory

mea

sure

:

Law

No.

10

431,

of

9.6.

2011

“O

n en

viro

n-m

enta

l pro

tecti

on”

Chap

ter

VIII

of t

his

law

“En

viro

nmen

tal r

espo

nsib

ility

”, ac

cord

ing

to t

he p

rinci

ple

“the

pol

lute

r pa

ys”

de-

fines

the

oblig

ation

s and

resp

onsib

ilitie

s of t

he n

ew w

aste

pro

duce

rs, i

n or

der t

o av

oid

the

crea

tion

of n

ew

hots

pots

of t

he p

roce

ss in

dust

ries.

The

obj

ectiv

es o

f thi

s cha

pter

are

: a) p

reve

ntion

and

redr

ess f

or a

ll da

m-

age

caus

ed to

the

envi

ronm

ent;

b) th

e re

habi

litati

on o

f the

env

ironm

ent;

c) in

trod

uctio

n of

mea

sure

s an

d pr

actic

es to

min

imize

the

risk

of e

nviro

nmen

tal d

amag

e.

The

Coun

cil o

f Min

ister

s ap

prov

es th

e lis

t of a

ctivi

ties

dang

erou

s fo

r the

env

ironm

ent a

nd th

e cr

iteria

for

risk

asse

ssm

ent.

The

oper

ator

is r

espo

nsib

le in

cas

e of

not

und

erta

king

pre

venti

ve m

easu

res

or r

ehab

ilita

tion

in c

ases

of

dete

riora

tion

of e

nviro

nmen

t and

in c

ases

Nati

onal

Env

ironm

enta

l Age

ncy

is no

t inf

orm

ed fo

r the

real

or

pote

ntial

env

ironm

enta

l dam

age.

Page 53: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

DCM

No.

175

of

19.1

.201

1 “O

n th

e ad

optio

n of

the

natio

nal

was

te m

anag

e-m

ent s

trat

egy

and

natio

nal

was

te m

anag

e-m

ent p

lan

This

DCM

in p

arag

raph

2.3

.3.2

add

ress

es s

trat

egic

ele

men

t II:

“Re

habi

litati

on o

f con

tam

inat

ed s

ites

and

prev

entio

n of

pol

lutio

n”, w

here

for i

ndus

tria

l hot

spot

s it i

s stip

ulat

ed a

s fol

low

s:

- All

indu

stria

l hot

spot

s will

be

clea

ned

up ti

ll th

e ris

ks to

hum

an h

ealth

and

the

ecos

yste

m a

re a

ccep

tabl

e.

- Th

e cl

eanu

p w

ill b

e pr

ioriti

zed

base

d on

risk

ass

essm

ent.

Stan

dard

s of

reh

abili

tatio

n de

pend

on

the

plan

ned

land

use

for f

orm

er in

dust

rial s

ites.

- The

cle

anup

will

be

finan

ced

by in

tern

ation

al fu

nds i

n th

e w

orst

cas

es, d

from

the

pollu

ter i

f eco

nom

ical

ly

feas

able

or f

rom

inve

stor

s, w

here

the

incr

ease

in v

alue

of t

he a

sset

s will

offs

et th

e co

sts o

f rem

edia

tion.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

In A

lban

ia th

ere

is al

read

y in

pla

ce th

e le

gal b

asis

for

the

prev

entio

n of

new

env

ironm

enta

l hot

spot

s, a

s w

ell a

s fo

r ad

dres

sing

the

resp

onsib

ility

on

the

pollu

tion,

for t

he re

habi

litati

on o

f pol

lute

d sit

es a

nd fo

r cos

ts.

Law

No.

10

431,

of 9

.6.2

011

“On

envi

ronm

enta

l pro

tecti

on”

acco

rdin

g to

the

prin

cipl

e “t

he p

ollu

ter p

ays”

defi

nes t

he o

blig

ation

s and

re

spon

sibili

ties o

f the

new

was

te p

rodu

cers

, in

orde

r to

avoi

d th

e cr

eatio

n of

new

hot

spot

s of t

he p

roce

ss in

dust

ries.

CoP

shal

l ado

pt g

uida

nce

on si

te id

entifi

catio

n an

d ch

arac

teriz

ation

, eng

agin

g th

e pu

blic

, hum

an h

ealth

and

env

ironm

ent r

isk a

sses

s-m

ent,

optio

ns fo

r man

agin

g th

e ris

ks, e

valu

ation

of b

enefi

ts a

nd c

osts

and

val

idati

on o

f out

com

es.

This

guid

ance

nee

ds to

be

take

n in

to a

ccou

nt w

hen

deve

lopi

ng th

e na

tiona

l acti

on p

lan

on id

entif

ying

and

ass

essin

g co

ntam

inat

ed

sites

from

mer

cury

and

its c

ompo

unds

and

on

rela

ted

risk

man

agem

ent.

Page 54: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

13 –

FIN

ANCI

AL R

ESO

URC

ES A

ND

MEC

HAN

ISM

SSu

ccin

ct su

mm

ary

of

prov

isio

ns re

leva

nt to

Al

bani

a

- Nati

onal

reso

urce

s to

impl

emen

t the

Con

venti

on

- Mec

hani

sms t

o su

ppor

t dev

elop

ing

coun

trie

s and

cou

ntrie

s with

eco

nom

ies i

n tr

ansiti

on to

fulfi

l the

ob

ligati

ons u

nder

the

Conv

entio

n. A

cces

s to

finan

cial

reso

urce

s ava

ilabl

e un

der t

he C

onve

ntion

fina

ncia

l m

echa

nism

and

oth

er re

sour

ces a

vaila

ble

from

mul

tilat

eral

, reg

iona

l, an

d bi

late

ral f

undi

ng so

urce

sPo

licy

and

regu

lato

ry m

easu

res i

n pl

ace

that

ena

ble

the

coun

try

to c

ompl

y w

ith th

e ab

ove

liste

d pr

ovis

ions

:Re

gula

tory

mea

sure

Aspe

cts a

ddre

ssed

by

polic

y/Re

gula

tory

mea

sure

:La

w N

o 10

431

, of

9.6.

2011

“O

n th

e en

vi-

ronm

enta

l pro

tecti

on”

At p

oint

1 o

f Arti

cle

67 “

Envi

ronm

enta

l Fun

d” it

is sti

pula

ted

the

esta

blish

men

t of a

n En

viro

nmen

tal F

und

to su

ppor

t and

pro

mot

e en

viro

nmen

tal p

rote

ction

acti

vitie

s. T

he C

ounc

il of

Min

ister

s app

rove

s the

rule

s fo

r the

fund

ing

sour

ce, m

ode

of o

pera

tion

and

use

of th

e En

viro

nmen

t Fun

d.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

As fo

r the

acc

ess t

o fin

anci

al re

sour

ces a

vaila

ble

unde

r the

Con

venti

on fi

nanc

ial,

with

the

finan

cial

supp

ort o

f the

Glo

bal E

nviro

n-m

ent F

und

(GEF

), U

NDP

, Alb

ania

Gov

ernm

ent h

as st

arte

d th

e im

plem

enta

tion

of th

e cu

rren

t pro

ject

“M

inam

ata

Initi

al A

sses

smen

t fo

r Alb

ania

”.

Page 55: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

14 –

CAP

ACIT

Y BU

ILDI

NG

, TEC

HNIC

AL A

SSIS

TAN

CE A

ND

TECH

NO

LOGY

TRA

NSF

ERSu

ccin

ct su

mm

ary

of

prov

ision

s rel

evan

t to

Alba

nia

Capa

city

bui

ldin

g an

d te

chni

cal a

ssist

ance

to

deve

lopi

ng c

ount

ry P

artie

s to

assis

t the

m in

impl

emen

ting

thei

r obl

igati

ons u

nder

Min

amat

a Co

nven

tion

thro

ugh

regi

onal

, sub

-reg

iona

l and

nati

onal

arr

ange

men

ts,

incl

udin

g ex

isting

regi

onal

and

sub-

regi

onal

cen

tres

, par

tner

ship

s, e

tc.

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry m

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Ther

e in

so

spec

ific

legi

slatio

n in

pla

ce o

n sp

ecifi

c ca

paci

ty b

uild

ing

on im

plem

enta

tion

of M

inam

ata

Con-

venti

on.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

tion’

s pr

ovis

ions

(onl

y in

rela

tion

to b

indi

ng p

rovi

sion

s):

Ther

e ar

e pr

ovisi

ons f

or ca

paci

ty b

uild

ing

in a

reas

rela

ted

to th

e Co

nven

tion

Impl

emen

tatio

n, li

ke e

nviro

nmen

t, he

alth

care

, but

ther

e is

no sp

ecifi

c le

gisla

tion

in p

lace

in A

lban

ia o

n ca

paci

ty b

uild

ing

and

tech

nica

l ass

istan

ce o

n im

plem

enta

tion

of M

inam

ata

Conv

entio

n.

Base

d on

the

capa

city

ass

essm

ent t

hat w

ill b

e ca

rrie

d ou

t in

fram

e of

this

MIA

pro

ject

, cap

acity

bui

ldin

g w

ill b

e pl

anne

d as

par

t of

Min

amat

a Ac

tion

Plan

.

Page 56: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

16 –

HEA

LTH

ASPE

CTS

Succ

inct

sum

mar

y of

pr

ovisi

ons r

elev

ant t

o Al

bani

a

- Nxi

tja e

zhvi

llim

it dh

e zb

atim

it të

stra

tegj

ive

për t

ë id

entifi

kuar

dhe

për

të m

broj

tur p

opul

lata

t në

risk,

ve

çanë

risht

pop

ulla

tat v

ulne

rabë

l, si

zhvi

llim

i i u

dhëz

imev

e sh

ënde

tëso

re m

bi e

kspo

zimin

, ven

dosja

e

obje

ktiva

ve p

ër re

dukti

min

e e

kspo

zimit

ndaj

Hg,

kur

ësh

të e

për

shta

tshm

e dh

e ed

ukim

i i p

ublik

ut m

e pj

esëm

arrje

n e

shën

detit

pub

lik d

he se

ktor

ëve

të tj

erë

të p

ërfs

hirë

- Nxi

tja e

pro

gram

eve

eduk

ative

dhe

par

anda

lues

e pë

r eks

pozim

in p

rofe

siona

l nda

j mër

kurit

dhe

kom

-po

nim

eve

të m

ërku

rit

- Pro

mot

e ap

prop

riate

hea

lth c

are

serv

ices

for p

reve

ntion

, tre

atm

ent,

and

care

for p

opul

ation

s affe

cted

by

mer

cury

exp

osur

e-

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

No.

10

138,

of

11.5

.200

9 “

On

publ

ic

heal

th”

At p

oint

3 o

f Arti

cle

42 “

Mea

sure

s in

envi

ronm

enta

l hea

lth”

of th

is La

w, it

is sti

pula

ted

that

the

Dire

ctor

ate

of P

ublic

Hea

lth a

t Min

istry

of H

ealth

pre

pare

s hyg

ieni

c-sa

nita

ry n

orm

s, w

hich

are

app

rove

d by

DCM

. At

poin

t 5 o

f the

sam

e ar

ticle

, Ins

titut

e of

Pub

lic H

ealth

, in

coop

erati

on w

ith th

e re

gion

al st

ruct

ures

of p

ublic

he

alth

, ide

ntifie

s sci

entifi

cally

the

harm

ful f

acto

rs fo

r the

hea

lth o

f the

pop

ulati

on a

nd th

eir i

mpa

cts.

At A

rticl

e 14

“Th

e re

spon

sibili

ties o

f Ins

titut

e of

Pub

lic H

ealth

IPH”

is is

defi

ned

that

IPH

is re

spon

sible

fo

r the

info

rmati

on, c

ouns

ellin

g, a

nd su

ppor

t on

Min

istry

of H

ealth

in th

e pr

epar

ation

of t

he p

olic

ies a

nd

stra

tegi

es in

pub

lic h

ealth

.La

w N

o. 1

0 10

7, o

f 30

.03.

2009

“O

n th

e he

alth

care

in th

e Re

pub-

lic o

f Alb

ania

This

law

defi

nes t

he m

ain

prin

cipl

es a

nd le

gal f

ram

ewor

k fo

r the

regu

latio

n, o

rgan

izatio

n an

d fu

nctio

ning

of

the

heal

th c

are

syst

em in

the

Repu

blic

of A

lban

ia.

At p

oint

5 o

f Arti

cle

4 it

is de

fined

that

the

Min

ister

of H

ealth

shal

l dev

elop

pol

icie

s for

con

tinui

ng p

rofe

s-sio

nal e

duca

tion

of h

uman

reso

urce

s in

heal

th c

are.

Law

No.

10

237

of

18.2

.201

0 “O

n th

e sa

fe-

ty a

nd h

ealth

at w

ork”

In th

is La

w th

ere

are

men

tione

d th

e ob

ligati

ons o

f the

em

ploy

er fo

r the

edu

catio

n an

d in

form

ation

of

empl

oyee

s on

the

occu

patio

nal h

azar

ds a

t wor

kpla

ce a

nd o

n pr

even

tive

mea

sure

s.

Page 57: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

DCM

No.

522

, of

06.0

8.20

14 “

On

the

ap-

prov

al o

f reg

ulati

on “

On

the

safe

ty a

nd h

ealth

pr

otec

tion

of w

orke

rs

from

the

risks

rela

ted

to c

hem

ical

age

nts a

t w

ork”

Expo

sure

Lim

it Va

lues

hav

e be

en g

iven

at A

nnex

I of

this

DCM

for m

ercu

ry a

nd d

ival

ent i

norg

anic

com

-po

unds

of m

ercu

ry in

clud

ing

mer

curic

oxi

de a

nd m

ercu

ric c

hlor

ide

(mea

sure

d as

mer

cury

) at t

he w

ork-

plac

e.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

Follo

win

g th

e re

sults

of m

ercu

ry in

vent

ory,

whi

ch w

ill b

e pr

epar

ed in

fram

e on

Min

amat

a In

itial

Ass

essm

ent,

the

com

pila

tion

of

a st

rate

gy a

nd re

leva

nt a

ction

pla

n to

iden

tify

and

prot

ect p

opul

ation

s at r

isk re

gard

ing

mer

cury

and

its c

ompo

unds

, par

ticul

arly

vu

lner

able

pop

ulati

ons m

ay e

mer

ge a

s a n

eed;

dev

elop

ing

heal

th g

uide

lines

on

expo

sure

redu

ction

, setti

ng ta

rget

s for

Hg

expo

sure

re

ducti

on a

nd p

ublic

edu

catio

n w

ould

be

of g

reat

val

ue.

Obl

igati

ons o

f the

em

ploy

er fo

r the

edu

catio

n an

d in

form

ation

of e

mpl

oyee

s on

the

occu

patio

nal h

azar

ds a

t wor

kpla

ce a

nd o

n pr

even

tive

mea

sure

s are

alre

ady

requ

ired

by th

e La

w N

o. 1

0 23

7 of

18.

2.20

10 “

On

the

safe

ty a

nd h

ealth

at w

ork”

and

the

deriv

ing

Deci

sions

of C

ounc

il of

Min

ister

s , e

.g D

MC

on C

hem

ical

Age

nts a

t wor

kpla

ce. E

xpos

ure

Lim

it Va

lues

hav

e be

en g

iven

at A

nnex

I of

th

is DC

M fo

r mer

cury

and

div

alen

t ino

rgan

ic c

ompo

unds

of m

ercu

ry in

clud

ing

mer

curic

oxi

de a

nd m

ercu

ric c

hlor

ide

(mea

sure

d as

m

ercu

ry) a

t the

wor

kpla

ce.

Alth

ough

it is

est

ablis

hed

a sy

stem

for t

he c

ontin

uing

pro

fess

iona

l edu

catio

n of

hum

an re

sour

ces i

n he

alth

car

e sy

stem

, it i

s nee

ded

to st

reng

then

the

insti

tutio

nal a

nd h

ealth

pro

fess

iona

l cap

aciti

es fo

r the

pre

venti

on, d

iagn

osis,

trea

tmen

t and

mon

itorin

g of

hea

lth

risks

rela

ted

to th

e ex

posu

re to

mer

cury

and

its c

ompo

unds

. Thi

s acti

on c

an b

e pa

rticu

larly

nec

essa

ry in

the

area

nea

r for

mer

soda

al

kali

plan

t in

Vlor

a, w

here

the

pollu

tion

mig

ht y

et b

e re

leva

nt (t

he re

sults

of m

ercu

ry in

vent

ory

can

confi

rm th

is pr

opos

al)

Page 58: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

17 –

INFO

RMAT

ION

EXC

HAN

GE

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Fac

ilita

te th

e ex

chan

ge o

f sci

entifi

c, te

chni

cal a

nd le

gal i

nfor

mati

on c

once

rnin

g m

ercu

ry a

nd m

ercu

ry

com

poun

ds, i

nclu

ding

toxi

colo

gica

l, ec

o-to

xico

logi

cal a

nd sa

fety

info

rmati

on, i

nfor

mati

on o

n re

ducti

on

or e

limin

ation

of p

rodu

ction

, use

, tra

de, e

miss

ions

and

rele

ases

of m

ercu

ry a

nd it

s com

poun

ds, o

n vi

able

al

tern

ative

s to

prod

ucts

, pro

cess

es a

nd a

ctivi

ties t

hat i

nvol

ve m

ercu

ry o

r its

com

poun

ds,

- Sha

re in

form

ation

on

the

heal

th a

nd sa

fety

of h

uman

s and

the

envi

ronm

ent a

s non

-con

fiden

tial,

in a

c-co

rdan

ce w

ith A

rticl

e 17

.5

- Rep

ort t

o th

e Co

P on

pro

gres

s in

impl

emen

ting

Conv

entio

n ob

ligati

ons u

nder

Arti

cle

21

4.Ea

ch P

arty

shal

l des

igna

te a

nati

onal

foca

l poi

nt fo

r the

exc

hang

e of

info

rmati

on u

nder

the

Conv

entio

n,

incl

udin

g w

ith re

gard

to th

e co

nsen

t of t

he im

porti

ng P

artie

s und

er A

rticl

e 3

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

No.

27/

2016

“O

n ch

emic

als m

anag

e-m

ent”

, 17

.03.

2016

At p

oint

1 o

f Arti

cle

32 “

Info

rmati

on sy

stem

for c

hem

ical

s” o

f thi

s Law

, it i

s defi

ned

that

exc

hang

e of

info

r-m

ation

with

inte

rnati

onal

insti

tutio

ns o

n ch

emic

als i

s bas

ed o

n th

e pr

ovisi

ons o

f the

doc

umen

ts ra

tified

by

the

com

pete

nt a

utho

rity

of th

e Re

publ

ic o

f Alb

ania

.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

Ther

e is

a ge

nera

l pr

ovisi

on a

t poi

nt 1

of A

rticl

e 32

“In

form

ation

syst

em fo

r che

mic

als”

of t

he L

aw N

o. 2

7/20

16 “

On

chem

ical

s man

-ag

emen

t”,

17.0

3.20

16 o

n th

e ex

chan

ge o

f inf

orm

ation

with

inte

rnati

onal

insti

tutio

ns o

n ch

emic

als,

whi

ch is

bas

ed o

n th

e pr

ovisi

ons

of th

e do

cum

ents

ratifi

ed b

y th

e co

mpe

tent

aut

horit

y of

the

Repu

blic

of A

lban

ia.

Ther

e ar

e al

so p

rovi

sions

on

info

rmati

on e

xcha

nge

in fr

ame

of o

ther

Che

mic

al C

onve

ntion

s rati

fied

by A

lban

ia. Y

et, a

spec

ific

info

r-m

ation

exc

hang

e fo

r the

Min

amat

a Co

nven

tion

is ne

eded

and

a n

ation

al fo

cal p

oint

shou

ld b

e de

signa

ted

for t

his p

urpo

se.

Page 59: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

18 –

PU

BLIC

INFO

RMAT

ION

, AW

AREN

ESS

AND

EDU

CATI

ON

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

- Eac

h Pa

rty

shal

l pro

mot

e an

d fa

cilit

ate

prov

ision

to th

e pu

blic

of a

vaila

ble

info

rmati

on o

n he

alth

and

en

viro

nmen

tal e

ffect

s of m

ercu

ry a

nd it

s com

poun

ds, a

ltern

ative

s to

mer

cury

and

its c

ompo

unds

, in

for-

mati

on c

once

rnin

g m

ercu

ry a

nd m

ercu

ry c

ompo

unds

, inc

ludi

ng to

xico

logi

cal,

eco-

toxi

colo

gica

l and

safe

ty

info

rmati

on, i

nfor

mati

on o

n re

ducti

on o

r elim

inati

on o

f pro

ducti

on, u

se, t

rade

, em

issio

ns a

nd re

leas

es

of m

ercu

ry a

nd it

s com

poun

ds, o

n vi

able

alte

rnati

ves t

o pr

oduc

ts, p

roce

sses

and

acti

vitie

s tha

t inv

olve

m

ercu

ry o

r its

com

poun

ds, r

esul

ts o

f res

earc

h, d

evel

opm

ent a

nd m

onito

ring

activ

ities

.

- Pro

mot

e an

d fa

cilit

ate

educ

ation

, tra

inin

g an

d pu

blic

aw

aren

ess r

elat

ed to

effe

cts o

f exp

osur

e to

mer

-cu

ry a

nd it

s com

poun

ds o

n hu

man

hea

lth a

nd e

nviro

nmen

t in

colla

bora

tion

with

rele

vant

IGO

s and

NGO

s an

d vu

lner

able

pop

ulati

ons.

- sha

ll us

e th

e ex

isting

mec

hani

sms o

r con

sider

the

deve

lopm

ent o

f mec

hani

sms,

such

as p

ollu

tant

rele

ase

and

tran

sfer

regi

ster

s for

the

colle

ction

and

diss

emin

ation

of i

nfor

mati

on o

n es

timat

es o

f ann

ual q

uanti

-tie

s of m

ercu

ry o

r its

com

poun

ds th

at a

re e

mitt

ed, r

elea

sed

or d

ispos

ed o

f thr

ough

hum

an a

ctivi

ties

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry M

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

No.

27/

2016

On

chem

ical

s man

agem

ent,

17

.03.

2016

At p

oint

3 o

f Arti

cle

32 “

Info

rmati

on sy

stem

for c

hem

ical

s” it

is sti

pula

ted

that

Min

istry

of E

nviro

nmen

t sh

all i

nfor

m th

e pu

blic

and

rele

vant

aut

horiti

es v

ia th

e offi

cial

web

site

of th

e m

inist

ry o

f the

risk

s tha

t may

ar

ise fr

om th

e us

e of

haz

ardo

us su

bsta

nces

and

mix

ture

s, a

nd re

com

men

ds ta

king

the

nece

ssar

y m

ea-

sure

s to

redu

ce th

e ris

k.

Law

No.

10

431,

of

9.6.

2011

On

envi

ron-

men

tal p

rote

ction

At p

oint

2 o

f Arti

cle

14 it

is sti

pula

ted

that

pub

lic a

utho

rities

, whi

ch s

cope

incl

udes

func

tions

rela

ted

to

envi

ronm

enta

l pro

tecti

on, w

ithin

thei

r com

pete

nce,

pro

mot

e in

form

ation

, aw

aren

ess a

nd e

duca

te th

e pu

blic

abo

ut e

nviro

nmen

tal p

rote

ction

and

sust

aina

ble

deve

lopm

ent.

Law

No.

119

/201

4 of

18

.09.

2014

“O

n th

e Ri

ght o

f Inf

orm

ation

”.

This

law

regu

late

s the

righ

t to

know

the

info

rmati

on p

rodu

ced

or h

eld

by p

ublic

aut

horiti

es, g

uara

ntee

s the

pu

blic

with

info

rmati

on in

the

cont

ext o

f the

exe

rcise

of i

ndiv

idua

l rig

hts

and

free

dom

s in

pra

ctice

, as

wel

l as

the

form

ation

of v

iew

s on

the

stat

e of

the

stat

e an

d so

ciet

y an

d ai

ms t

o pr

omot

e in

tegr

ity t

rans

pare

ncy

and

acco

unta

bilit

y of

pub

lic a

utho

rities

.

Page 60: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Law

No.

146

/201

4 of

30

.10.

2014

“O

n Pu

blic

In

form

ing

and

Cons

ulta

-tio

n”

The

Law

No.

146

/201

4 “O

n Pu

blic

Info

rmin

g an

d Co

nsul

tatio

n” r

egul

ates

the

pro

cess

of n

otific

ation

and

pu

blic

cons

ulta

tion

of th

e dr

afts o

f nati

onal

and

loca

l str

ateg

ic a

nd p

olic

y do

cum

ents

of h

igh

publ

ic in

tere

st,

esta

blish

es ru

les o

f pro

cedu

re to

be

follo

wed

to e

nsur

e tr

ansp

aren

cy a

nd p

ublic

par

ticip

ation

in p

olic

y an

d de

cisio

n m

akin

g pr

oces

ses b

y pu

blic

bod

ies a

nd a

ims t

o pr

omot

e tr

ansp

aren

cy, a

ccou

ntab

ility

and

inte

grity

of

pub

lic a

utho

rities

.

Law

No.

867

2, o

f 26

.10.

2000

“O

n ad

her-

ing

of A

lban

ia in

Aar

hus

Conv

entio

n”O

utst

andi

ng re

gula

tory

or p

olic

y as

pect

s tha

t wou

ld n

eed

to b

e ad

dres

sed/

deve

lope

d to

ens

ure

com

plia

nce

with

the

Conv

entio

n’s

prov

isio

ns (o

nly

in re

latio

n to

bin

ding

pro

visi

ons)

:La

w N

o. 2

7/20

16 O

n ch

emic

als

man

agem

ent,

of 1

7.03

.201

6, L

aw N

o. 1

0 43

1, o

f 9.6

.201

1 ”O

n en

viro

nmen

tal p

rote

ction

”, La

w N

o.

119/

2014

of 1

8.09

.201

4 “O

n th

e Ri

ght o

f Inf

orm

ation

”, La

w N

o. 1

46/2

014

of 3

0.10

.201

4 “O

n pu

blic

info

rmin

g an

d co

nsul

tatio

n”, L

aw

No.

867

2, o

f 26.

10.2

000

“On

adhe

ring

of A

lban

ia in

Aar

hus C

onve

ntion

” offe

r an

adeq

uate

bas

es re

gard

ing

the

right

to k

now,

tran

spar

-en

cy, a

nd re

quire

pub

lic a

utho

rities

to p

rom

ote

info

rmati

on, a

war

enes

s an

d ed

ucat

e th

e pu

blic

abo

ut e

nviro

nmen

tal p

rote

ction

and

su

stai

nabl

e de

velo

pmen

t, po

tenti

al ri

sks f

rom

the

use

of h

azar

dous

che

mic

als,

etc

.

Page 61: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

ARTI

CLE

19 –

RES

EARC

H, D

EVEL

OPM

ENT

AND

MO

NIT

ORI

NG

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

1. P

artie

s sha

ll en

deav

our t

o co

oper

ate

to d

evel

op a

nd im

prov

e, ta

king

into

acc

ount

thei

r res

pecti

ve c

ir-cu

mst

ance

s and

cap

abili

ties:

(a) I

nven

torie

s of u

se, c

onsu

mpti

on, a

nd a

nthr

opog

enic

em

issio

ns to

air

and

rele

ases

to w

ater

and

land

of

mer

cury

and

mer

cury

com

poun

ds;

(b) M

odel

ling

and

geog

raph

ical

ly re

pres

enta

tive

mon

itorin

g of

leve

ls of

mer

cury

and

mer

cury

com

poun

ds

in v

ulne

rabl

e po

pula

tions

and

in e

nviro

nmen

tal m

edia

, col

labo

ratio

n in

the

colle

ction

and

exc

hang

e of

re

leva

nt a

nd a

ppro

pria

te sa

mpl

es;

(c) A

sses

smen

ts o

f the

impa

ct o

f mer

cury

and

mer

cury

com

poun

ds o

n hu

man

hea

lth a

nd th

e en

viro

n-m

ent,

parti

cula

rly in

resp

ect o

f vul

nera

ble

popu

latio

ns;

(d) H

arm

onize

d m

etho

dolo

gies

for t

he a

ctivi

ties u

nder

take

n un

der s

ubpa

ragr

aphs

(a),

(b) a

nd (c

);

(e) I

nfor

mati

on o

n th

e en

viro

nmen

tal c

ycle

, tra

nspo

rt (i

nclu

ding

long

-ran

ge tr

ansp

ort a

nd d

epos

ition

), tr

ansf

orm

ation

and

fate

of m

ercu

ry a

nd m

ercu

ry c

ompo

unds

in a

rang

e of

eco

syst

ems,

(f) In

form

ation

on

com

mer

ce a

nd tr

ade

in m

ercu

ry a

nd m

ercu

ry c

ompo

unds

and

mer

cury

-add

ed p

rod-

ucts

; and

(g) I

nfor

mati

on a

nd re

sear

ch o

n th

e te

chni

cal a

nd e

cono

mic

ava

ilabi

lity

of m

ercu

ry-fr

ee p

rodu

cts a

nd

proc

esse

s and

on

BAT/

BEP

to re

duce

and

mon

itor e

miss

ions

and

rele

ases

of m

ercu

ry a

nd m

ercu

ry c

om-

poun

ds.

2. P

artie

s sho

uld,

whe

re a

ppro

pria

te, b

uild

on

existi

ng m

onito

ring

netw

orks

and

rese

arch

pro

gram

mes

in

unde

rtak

ing

the

activ

ities

iden

tified

in p

arag

raph

1.

Page 62: ASSESSMENT OF THE LEGISLATION AND OF THE ... 2...Albania through DCM No 866 of 04.12.2012 “On batteries, accumulators and their waste”. Some provisions related to the mercury containing

Polic

y an

d re

gula

tory

mea

sure

s in

plac

e th

at e

nabl

e th

e co

untr

y to

com

ply

with

the

abov

e lis

ted

prov

isio

ns:

Regu

lato

ry m

easu

reAs

pect

s add

ress

ed b

y po

licy/

Regu

lato

ry m

easu

re:

Law

No

10 4

31, o

f 9.

6.20

11 “

On

envi

ron-

men

tal p

rote

ction

Chap

ter V

I “En

viro

nmen

tal m

onito

ring”

of t

his L

aw sti

pula

tes t

hat t

he m

onito

ring

of th

e st

ate

of th

e en

vi-

ronm

ent i

nclu

des m

onito

ring

the

impa

ct o

f env

ironm

enta

l pol

lutio

n on

hum

an h

ealth

.

Poin

t 1 o

f Arti

cle

58 “

Educ

ation

and

trai

ning

for e

nviro

nmen

tal p

rote

ction

” sti

pula

tes t

hat t

he M

inist

ry re

-sp

onsib

le fo

r edu

catio

n an

d th

e m

inist

ry re

spon

sible

for m

atter

s of e

mpl

oym

ent a

nd v

ocati

onal

trai

ning

, in

coo

pera

tion

with

the

Min

istry

of E

nviro

nmen

t, en

cour

age,

supp

ort a

nd o

rgan

ize e

duca

tion

and

trai

ning

fo

r env

ironm

enta

l pro

tecti

on a

nd su

stai

nabl

e de

velo

pmen

t, th

roug

h th

e ed

ucati

onal

syst

em, s

cien

tific

rese

arch

, for

ms o

f lea

rnin

g of

the

educ

ation

and

trai

ning

thro

ugho

ut li

fe.

Out

stan

ding

regu

lato

ry o

r pol

icy

aspe

cts t

hat w

ould

nee

d to

be

addr

esse

d/de

velo

ped

to e

nsur

e co

mpl

ianc

e w

ith th

e Co

nven

-tio

n’s p

rovi

sion

s (on

ly in

rela

tion

to b

indi

ng p

rovi

sion

s):

Chap

ter V

I “En

viro

nmen

tal m

onito

ring”

of t

he L

aw N

o. 1

0 43

1, d

ated

9.6

.201

1 “O

n En

viro

nmen

tal P

rote

ction

” sti

pula

tes t

hat t

he

mon

itorin

g of

the

stat

e of

the

envi

ronm

ent i

nclu

des m

onito

ring

the

impa

ct o

f env

ironm

enta

l pol

lutio

n on

hum

an h

ealth

. Nati

onal

En

viro

nmen

t Age

ncy

prep

ares

ann

ual p

rogr

ams o

f env

ironm

enta

l mon

itorin

g, w

hich

incl

udes

hea

vy m

etal

s.

The

sam

e la

w a

sks f

or su

ppor

t and

org

aniza

tion

of e

duca

tion

and

trai

ning

for e

nviro

nmen

tal p

rote

ction

and

sust

aina

ble

deve

lop-

men

t, th

roug

h th

e ed

ucati

onal

syst

em, s

cien

tific

rese

arch

, for

ms o

f lea

rnin

g of

the

educ

ation

and

trai

ning

thro

ugho

ut li

fe.

The

rese

arch

and

mon

itorin

g as

per

Arti

cle

19 o

f the

Con

venti

on n

eed

to d

evel

op fu

rthe

r.

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ARTI

CLE

21 –

REP

ORT

ING

Succ

inct

sum

mar

y of

pr

ovis

ions

rele

vant

to

Alba

nia

1. E

ach

Part

y sh

all r

epor

t to

the

Conf

eren

ce o

f the

Par

ties,

thro

ugh

the

Secr

etar

iat,

on th

e m

easu

res i

t ha

s tak

en to

impl

emen

t the

pro

visio

ns o

f thi

s Con

venti

on a

nd o

n th

e eff

ectiv

enes

s of s

uch

mea

sure

s and

th

e po

ssib

le c

halle

nges

in m

eetin

g th

e ob

jecti

ves o

f the

Con

venti

on.

2. E

ach

Part

y sh

all i

nclu

de in

its r

epor

ting

the

info

rmati

on a

s cal

led

for i

n Ar

ticle

s 3, 5

, 7, 8

and

9 o

f thi

s Co

nven

tion.

3. T

he C

onfe

renc

e of

the

Parti

es sh

all,

at it

s firs

t mee

ting,

dec

ide

upon

the

timin

g an

d fo

rmat

of t

he

repo

rting

to b

e fo

llow

ed b

y th

e Pa

rties

, tak

ing

into

acc

ount

the

desir

abili

ty o

f coo

rdin

ating

repo

rting

with

ot

her r

elev

ant c

hem

ical

s and

was

tes c

onve

ntion

s.Po

licy

and

regu

lato

ry m

easu

res i

n pl

ace

that

ena

ble

the

coun

try

to c

ompl

y w

ith th

e ab

ove

liste

d pr

ovisi

ons:

Regu

lato

ry m

easu

re

Aspe

cts a

ddre

ssed

by

polic

y/Re

gula

tory

mea

sure

:

Out

stan

ding

Reg

ulat

ory

or p

olic

y as

pect

s tha

t wou

ld n

eed

to b

e ad

dres

sed/

deve

lope

d to

ens

ure

com

plia

nce

with

the

Conv

en-

tion’

s pro

visi

ons (

only

in re

latio

n to

bin

ding

pro

visi

ons)

:Re

porti

ng to

the

CoP

thro

ugh

the

Secr

etar

iat o

n th

e m

easu

res t

aken

to im

plem

ent t

he p

rovi

sions

of t

he C

onve

ntion

is a

n ob

ligati

on

and

shal

l be

prov

ided

acc

ordi

ng to

the

time

and

form

at th

at w

ill b

e de

cide

d by

the

CoP.

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Annex 2: Existing national capacities and related shortcomings

ARTICLE 3 - MERCURY SUPPLY SOURCES AND TRADESuccinct summary of provisions relevant to Albania (source: NDRC checklist [1] )

- Not allow new primary mercury mining

- Phase out existing primary mercury mining within 15 years

- Obtain information on stocks of mercury or mercury com-pounds exceeding 50 metric tons (MT), and mercury supply gen-erating stocks exceeding 10 MT/yr

- In accordance with Article 3.5(b), ensures that excess mercury from decommissioning chlor-alkali plants is disposed of in accor-dance to environmentally sound management guidelines (see paragraph 3a of article 11)

- Not allow the export of mercury unless the importing country provides written consent, the mercury is for an allowed use or environmentally sound storage, and all other conditions of Ar-ticle 3.6 are met

- Not allow the import of mercury without government con-sent, ensuring both the mercury source and proposed use are allowed under the Convention (and applicable domestic law).

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafting of legislation, policies and action plans for all points of Article 3 of the Convention;

- Monitors and inspects mercury informationRelevant institutional capacity in place:

Newly established in MoE, Chemicals Office needs capacity building, specifically including those relating to the preparation of national legislation to implement the Convention obliga-tions.

Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- As appropriate, it requires from customs information related to mercury trade

- Issues environmental permits for operators that have air emis-sions or water or land discharges Relevant institutional capacity in place:

- ow technical capacities to address this issue when setting environmental permit conditions

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Name of institution / organization:

INSPEKTORATI SHTETËROR I MJE-DISIT DHE PYJEVE

Role with respect to the above listed provisions:

- Control of the implementation of legislation on chemicals, including international chemicals conventions ratified by the Republic of Albania

Relevant institutional capacity in place:

- Technical capacities on addressing mercury are almost completely missing

Name of institution / organization:

DREJTORIA E PËRGJITHËSHME E DOGANAVE

Role with respect to the above listed provisions:

- Reports annually to the Chemicals Office the previous year’s data on the import and export of hazardous chemicals

- Cooperates with NEA for environmental status reportsRelevant institutional capacity in place:

- Training on import and export of mercury and mercury com-pounds is required for customs control

Name of institution / organization:

MINISTRY OF ENERGY AND INDUSTRY

Role with respect to the above listed provisions:

Administers natural resources in the country and determine the policies related to them. MEI is the competent authority for licensing activities related to chemicals classified as hazardous.

Relevant institutional capacity in place:Remaining capacity gaps that need to be addressed before provisions can be met:- The legal basis for chemicals that addresses the Mercury Convention’s requirements must be completed.

- Training activities are needed for inspectorates as well as for customs authorities on customs control for the import and export of mercury and mercury compounds

[1] http://docs.nrdc.org/international/files/int_15101301a.pdf

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ARTICLE 4 - MERCURY-ADDED PRODUCTSSuccinct summary of provisions relevant to Albania

- Not allow the manufacture, import, and export of products listed in Part I of Annex A not otherwise excluded following the phase out date listed in the Annex

- Phase down the use of dental amalgam through two or more measures listed in Part II of Annex A - Take measures to prevent the incorporation of products listed in Part I of Annex A (i.e., switches and relays, batteries) into larger, assembled products

- Discourage the manufacture and distribution of new mercury product types

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafts legislation, policies and action plans for all points of Article 4 of the Convention;

- Monitors and inspects mercury information

- Focal point of the International Conventions on chemicals rati-fied by the Republic of Albania and the Minamata ConventionRelevant institutional capacity in place:

Newly established in MoE, Chemicals Office needs capacity building, specifically including those relating to the preparation of national legislation to implement the Convention obligations.

Name of institution / organization:

GENERAL DIRECTOR-ATE OF CUSTOMS

Role with respect to the above listed provisions:

- Control of the import and export of productsRelevant institutional capacity in place:

- Limited capacitiesName of institution / organization:

NATIONAL AGENCY FOR MEDICIDES AND MEDICAL DEVICES

Role with respect to the above listed provisions:

- Control and analysis of the quality of medicines

- Lab. for vaccine control and the medical equipment sector

- Recording and control of medical devices such as: thermom-eters, barometers, manometers and sfigmomanometers Relevant institutional capacity in place:

The laboratory does not perform analysis of mercury in the vac-cines for lack of appropriate facilities

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Name of institution / organization:

MINISTRY OF HEALTH

Role with respect to the above listed provisions:

- The Ministry of Health is the competent authority for drafting the legal and sub-legal acts in the field of health care, among which for the dental service, cosmetic products.

Also, the Ministry of Health issues:

- Trade authorization for medical devices.

- Import authorization for biocidal productsRelevant institutional capacity in place:

MoH capacities regarding the evaluation and authorization of biocidal products are limited. We think that more staff and staff capacity are needed.

Name of institution / organization:

INSTITUTE OF PUBLIC HEALTH

Role with respect to the above listed provisions:

Evaluation of biocidal productsRelevant institutional capacity in place:

There is no experience with the evaluation of biocidal products such as antifouling paints, which are not directly used in public health (insecticides, rodenticides and disinfectants)

Name of institution / organization:

GENERAL DIRECTOR-ATE OF METROLOGY

Role with respect to the above listed provisions:

Performs calibration / verification of instruments / measuring devices, including mercury thermometers.Relevant institutional capacity in place:

The role DPM can play in this process is simply of an informa-tive nature, allowing its customers to remove thermometers or other mercury devices (barometers, etc.) and replace them with alternatives without mercury.

Name of institution / organization:

ASSOCIATION OF ALBANIAN DENTAL DISTRIBUTORS

Role with respect to the above listed provisions:

- The gradual replacement of the amalgam

- Taking measures to separate mercury wasteRelevant institutional capacity in place:

There has been no communication with MoE on the issue of amalgam discharge of dental clinics.

Name of institution / organization:

MARKET SURVEIL-LANCE INSPECTOR-ATE

Role with respect to the above listed provisions:

Law enforcement control

Relevant institutional capacity in place:

Contains a sector for the safety of non-food products

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Remaining capacity gaps that need to be addressed before provisions can be met:- Generally, lacks knowledge and awareness about the health and environmental prob-lems of mercury in products.

- Lack of laboratory capacity for determination of mercury in products, including its analysis in vaccines.

- Waste of dental clinics are not collected and treated in a differentiated way. The use of amalgam separators In dental clinics should be introduced.

- Setting national targets aimed at preventing dental caries and promoting health, mini-mizing the need for tooth restoration; Promoting the use of best environmental prac-tices in dental facilities to reduce mercury and mercury emissions in water and land.

- Capacities for evaluating antifouling paints as biocidal products are very limited. Sec-ondary legislation on the assessment and authorization of biocidal products has not yet been approved.

ARTICLE 5 - MANUFACTURING PROCESSES IN WHICH MERCURY OR MERCURY COMPOUNDS ARE USEDSuccinct summary of provisions relevant to Albania

- Not allow the use of mercury or mercury compounds in the manufacturing processes listed in Part I of Annex B

- Restrict (as specified in the Annex) the use of mercury in the processes listed in Part II of Annex B

- Not allow new facilities from using mercury in the processes listed in Annex B, except facilities using mercury catalysts to pro-duce polyurethane - For facilities with processes listed in Annex B, identify and obtain information on mercury or mercury com-pound use; and control mercury emissions to air, and releases to land and water

- Discourage new uses of mercury in industrial processesAnnex B: Manufacturing processes in which mercury or mercury compounds are used

Part I: Processes subject to Article 5, paragraph 2

- Chlor-alkali production, phase out date 2025

- Acetaldehyde production in which mercury or mercury com-pounds are used as a catalyst, phase out date 2018

Part II: Processes subject to Article 5, paragraph 3:

- Vinyl chloride monomer production

- Sodium or Potassium Methylate or Ethylate

Production of polyurethane using mercury containing catalysts

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENERGY AND INDUSTRY

Role with respect to the above listed provisions:

- Competent authority for the licensing of activities related to chemicals classified as hazardous.

Relevant institutional capacity in place:Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafting legislation, policies.

Relevant institutional capacity in place:Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- the authority which issues environmental permits,

- Information on industrial activities in the countryRelevant institutional capacity in place:

- NEA which issues environmental permits for operators that have discharges into mercury, water or land has low techni-cal capacity to address this issue while setting environmental permit conditions.

- There is no register of mercury related activities.Name of institution / organization:

STATE INSPECTORATE FOR ENVIRONMENT AND FORESTS

Role with respect to the above listed provisions:

Control of the implementation of legislation on chemicals and international conventions on chemicals ratified by the Republic of AlbaniaRelevant institutional capacity in place:

The technical capacities on addressing mercury are almost com-pletely missing

Remaining capacity gaps that need to be addressed before provisions can be met:

ARTICLE 7 – ARTISANAL AND SMALL-SCALE GOLD MINING (ASGM)Succinct summary of provisions relevant to Albania

- Take measures to reduce, and where feasible, eliminate mercury and mercury compound use, emissions (to air), and releases (to land and water) associated with ASGM

Annex C: Artisanal and small-scale gold mining

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafts legislation, policies and action plans for all points;

- Monitors and inspects mercury informationRelevant institutional capacity in place:

There is no ASGM activity in Albania. It is not necessary to de-velop capacities for this purpose

Remaining capacity gaps that need to be addressed before provisions can be met:- There is no ASGM activity in Albania. It is not necessary to develop capacities for

this purpose

ARTICLE 8 - EMISSIONSSuccinct summary of provisions relevant to Albania

-Take measures to control emissions, optionally prepare a national plan setting out measures to be taken to control emissions and its expected targets, goals and outcomes;

- Require the use of best available techniques/best environmental practic-es (BAT/BEP) for new (as defined in Article 8.2(c)) sources listed in Annex D

- Require one or more measures as below to mercury emissions control/reduce from existing sources listed in Annex D, which shall be operational at the source within 10 years - Require monitoring/reporting and otherwise establish a mercury emissions inventory for sources listed in Annex D:

(a) A quantified goal for controlling and, where feasible, reducing emis-sions from relevant sources;

(b) Emission limit values for controlling and, where feasible, reducing emissions from relevant sources;

(c) The use of best available techniques and best environmental prac-tices to control emissions from relevant sources;

(d) A multi-pollutant control strategy that would deliver co-benefits for control of mercury emissions;

(e) Alternative measures to reduce emissions from relevant sources.Annex D: List of point sources of emissions of mercury and mercury com-pounds to the atmosphere

Point source category:

- Coal-fired power plants;

- Coal-fired industrial boilers;

- Smelting and roasting processes used in the production of non-ferrous metals (lead, zinc, copper and industrial gold);

- Waste incineration facilities;

- Cement clinker production facilities.

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafting of legislation and policies;

- Establishes a national system for air emissions and coordinates the work with NEA for reporting to CLRTAP;

- The implementation of BAT / BEP is a requirement of the applicable law on environmental permits.

- Focal Point of CLRTAPRelevant institutional capacity in place:

- MoE has sufficient capacity for discharge registers for the implementa-tion of BAT / BEP.

- Specific training on mercury emissions and discharges may be needed.Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- The PRTR Convention

- Based on the PRTR Convention there are specified the types of activi-ties that need to report on the emissions of mercury and its compounds (as Hg) in land and water. This register is managed by NEA.Relevant institutional capacity in place:

- NEA which issues environmental permits for operators that have dis-charges into mercury, water or land has low technical capacity to address this issue while setting environmental permit conditions.

Name of institution / organization:

STATE IN-SPECTORATE FOR ENVI-RONMENT AND FOR-ESTS

Role with respect to the above listed provisions:

The Environmental Inspectorate is the competent authority for control-ling the environmental permit conditions, including the obligation to report pollutant emissions

Relevant institutional capacity in place:

The technical capacities of the Environmental Inspectorate as regards ad-dressing mercury are almost completely missing

Name of institution / organization:

MINISTRY OF HEALTH

Role with respect to the above listed provisions:

The role of the Ministry of Health in relation to this article is for the incineration of hospital waste

Relevant institutional capacity in place:

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Remaining capacity gaps that need to be addressed before provisions can be met:- NEA which issues environmental permits for operators that have discharges into mer-cury, water or land has low technical capacity to address this issue while setting environ-mental permit conditions.

- Reporting on the discharge and transfer of pollutants from economic operators is very limited, despite the legal obligation.

- The technical capacities of the Environmental Inspectorate regarding addressing mer-cury are almost completely missing. There is a need to strengthen the capacities associ-ated with the specificity of mercury

ARTICLE 9 – RELEASES TO LAND AND WATERSuccinct summary of provisions relevant to Albania

- Identification of the relevant point source categories no later than three years after entry into force of the Convention for Albania

- Take measures to control releases, possibly prepare a national plan for it. The plan must be submitted to CoP within four years after entry into force of the Convention for Albania.

- Require reporting or otherwise obtain information as needed to identify significant sources of mercury/mercury compound releases to land or wa-ter, and to maintain an inventory of releases from the sources identified

- Take as appropriate one or more measures as below to control/reduce mercury and mercury compound releases to land and water from signifi-cant sources:

(a) Release limit values to control and, where feasible, reduce releases from relevant sources;

(b) The use of best available techniques and best environmental practices to control releases from relevant sources;

(c) A multi-pollutant control strategy that would deliver co-benefits for control of mercury releases;

(d) Alternative measures to reduce releases from relevant sources.

A national plan may be prepared.

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Drafting of legislation and policies;

- Monitor the environment and issue environmental permits for indus-trial activities.

- The implementation of BAT / BEP is a requirement of the applicable law on environmental permits.Relevant institutional capacity in place:

- MoE has sufficient capacity for discharge registers for the implementa-tion of BAT / BEP.

- Specific training on mercury emissions and discharges may be needed.Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- The PRTR Convention

- Based on the PRTR Convention there are specified the types of activi-ties that need to report on the emissions of mercury and its compounds (as Hg) in land and water. This register is managed by NEA.Relevant institutional capacity in place:

- NEA which issues environmental permits for operators that have dis-charges into mercury, water or land has low technical capacity to address this issue while setting environmental permit conditions.

Name of institution / organization:

STATE IN-SPECTORATE FOR ENVI-RONMENT AND FOR-ESTS

Role with respect to the above listed provisions:

The Environmental Inspectorate is the competent authority for control-ling the environmental permit conditions, including the obligation to report pollutant emissions.

Relevant institutional capacity in place:

The technical capacities of the Environmental Inspectorate as regards ad-dressing mercury are almost completely missing.

Remaining capacity gaps that need to be addressed before provisions can be met:- NEA which issues environmental permits for operators that have discharges into mer-cury, water or land has low technical capacity to address this issue while setting environ-mental permit conditions.

- Reporting on the discharge and transfer of pollutants from economic operators is very limited, despite the legal obligation.

- The technical capacities of the Environmental Inspectorate regarding addressing mer-cury are almost completely missing. There is a need to strengthen the capacities associ-ated with the specificity of mercury.

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ARTICLE 10 – ENVIRONMENTALLY SOUND INTERIM STORAGE OF MERCURY, OTHER THAN WASTE MERCURYSuccinct summary of provisions relevant to Albania

Take measures to ensure interim storage of mercury and its compounds intended for a use allowed to a Party is con-ducted in an environmentally sound manner, taking into account relevant guidelines developed under the Basel Convention and additional requirements for interim storage that may be adopted by the Conference of the Parties (COP)

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

- Drafting of legislation and policies;

- Monitors the environment and issues environmental per-mits for industrial activities.Relevant institutional capacity in place:

- Specific training on temporary storage of mercury may be necessary.

Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- NEA issues environmental permitsRelevant institutional capacity in place:

- NEA which issues environmental permits for operators that have discharges into mercury, water or land has low technical capacity to address this issue while setting environmental permit conditions.

Name of institution / organization:

STATE INSPECTORATE FOR ENVIRONMENT AND FORESTS

Role with respect to the above listed provisions:

The Environmental Inspectorate is the competent authority for controlling the environmental permit conditionsRelevant institutional capacity in place:

The technical capacities of the Environmental Inspectorate as regards addressing mercury are almost completely miss-ing.

Remaining capacity gaps that need to be addressed before provisions can be met:- NEA which issues environmental permits for operators that have discharges into

mercury, water or land has low technical capacity to address this issue while setting environmental permit conditions.

- The technical capacities of the Environmental Inspectorate as regards addressing mercury are almost completely missing There is a need to strengthen the capacities related to the specificity of mercury.

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ARTICLE 11 – MERCURY WASTESSuccinct summary of provisions relevant to Albania

- Use the definition of mercury waste consistent with Article 11.2: mercury wastes means substances or objects: (a) Con-sisting of mercury or mercury compounds; (b) Containing mer-cury or mercury compounds; or

(c) Contaminated with mercury or mercury compounds, in a quantity above the relevant thresholds defined by the Confer-ence of the Parties

- Take measures to manage mercury wastes in an environmen-tally sound manner, taking into account guidelines developed under the Basel Convention and in accordance with CoP re-quirements to be developed.

- Take measures to restrict mercury derived from the treat-ment or re-use of mercury waste to allowed uses under the Convention or environmentally sound disposal

- Prevent the import and use of mercury from primary mer-cury mining for artisanal and small-scale gold mining (ASGM)

- Require transport across international boundaries only for the purpose of environmentally sound disposal in accordance with the Basel Convention, or if the Basel Convention does not apply, consistent with international rules, standards, and guidelines.

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

MoE drafts legislation and national policies related to hazard-ous waste management.Relevant institutional capacity in place:

Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

NEA is the institution responsible for the transfer of waste, in-cluding hazardous ones. Since 2015, waste transfer registers have been established. Relevant institutional capacity in place:

NEA which issues environmental permits has low technical capacity to address this issue while setting environmental permit conditions.

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Name of institution / organization:

STATE INSPECTORATE FOR ENVIRONMENT AND FORESTS

Role with respect to the above listed provisions:

The Environmental Inspectorate is the competent authority for controlling the environmental permit conditionsRelevant institutional capacity in place:

The technical capacities of the Environmental Inspectorate as regards addressing mercury are almost completely missing.

Remaining capacity gaps that need to be addressed before provisions can be met:

ARTICLE 12 – CONTAMINATED SITESSuccinct summary of provisions relevant to Albania

- Develop strategies for identifying and assessing mercury/mercury compound contaminated sites

- If risk reduction activities are taken at contaminated sites, they are taken in an environmentally sound manner, incorpo-rating risk assessment where appropriate.

CoP shall adopt guidance on site identification and character-ization, engaging the public, human health and environment risk assessment, options for managing the risks, evaluation of benefits and costs and validation of outcomes.

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

- Drafting legislation and national environmental policies

- Coordinators with donors to facilitate the financing of proj-ects that reduce the risk in contaminated sitesRelevant institutional capacity in place:

Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

- Monitoring after rehabilitation Relevant institutional capacity in place:

The area of Ex-Soda PVC Vlorë is considered as rehabilitated, but there is no monitoring from NEA of the situation after rehabilition.

Capacities of NEA with this respect are low from the techni-cal, as well as financial viewpoint.

Name of institution / organization:

STATE INSPECTORATE FOR ENVIRONMENT AND FORESTS

Role with respect to the above listed provisions:

The Environmental Inspectorate is the competent authority for controlling the environmental permit conditionsRelevant institutional capacity in place:

The technical capacities of the Environmental Inspectorate as regards addressing mercury are almost completely missing.

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Name of institution / organization:

REGIONAL DIRECTOR-ATE OF HEALTH - VLORE

Role with respect to the above listed provisions: Relevant institutional capacity in place:

Does not have the appropriate technical and human capacity to monitor mercury or its health effects

Name of institution / organization:

EDEN Center

Role with respect to the above listed provisions:

Studies on contaminated sitesRelevant institutional capacity in place:

Remaining capacity gaps that need to be addressed before provisions can be met:The area of Ex-Soda PVC Vlorë is considered as rehabilitated, but there is no monitoring from NEA of the situation after rehabilitation.

Capacities of NEA are low technically and financially.

ARTICLE 13 – FINANCIAL RESOURCES AND MECHANISMSSuccinct summary of provisions relevant to Albania

- National resources to implement the Convention

- Mechanisms to support developing countries and coun-tries with economies in transition to fulfil the obligations under the Convention. Access to financial resources avail-able under the Convention financial mechanism and other resources available from multilateral, regional, and bilateral funding sources

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

Initiates and coordinates projects that are covered by the state budget in accordance with medium-term budget pro-grams

Initiates and coordinates projects with foreign fundingRelevant institutional capacity in place:

There is no feasibility study for the implementation of the Convention obligations

Name of institution / organization:

MINISTRIA E FINANCAVE

Drejtoria e Buxhetit

Role with respect to the above listed provisions:

Relevant institutional capacity in place:

Name of institution / organization:

MINISTRY OF ENERGY AND INDUSTRY

Role with respect to the above listed provisions:

Funding for the maintenance and storage of Mercury Waste Landfill in Ex Soda PVC plant is made by the State Budget through MEI’s budget planning.Relevant institutional capacity in place:

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Remaining capacity gaps that need to be addressed before provisions can be met:A feasibility study on the implementation of the obligations of the Convention is re-quired on which basis to be identified potential projects to be financed in this regard.

ARTICLE 14 – CAPACITY BUILDING, TECHNICAL ASSISTANCE AND TECHNOLOGY TRANSFERSuccinct summary of provisions relevant to Albania

Capacity building and technical assistance to developing country Parties to assist them in implementing their obliga-tions under Minamata Convention through regional, sub-re-gional and national arrangements, including existing regional and sub-regional centres, partnerships, etc.

INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

- Regional and international co-operationRelevant institutional capacity in place:

Remaining capacity gaps that need to be addressed before provisions can be met:- There is no national training program dedicated to mercury. The design of such a

program to involve all concerned parties according to the Convention articles would be necessary.

ARTICLE 16 – HEALTH ASPECTSSuccinct summary of provisions rel-evant to Albania

- Promote the development and implementation of strategies to identify and protect populations at risk, particularly vulnerable populations, such as developing health guidelines on exposure , setting targets for Hg exposure reduction, where appropriate and public education with the participation of public health and other involved sectors

- Promote educational and prevention programs on occupational exposure to mercury and mercury compounds

- Promote appropriate health care services for prevention, treat-ment, and care for populations affected by mercury exposure

- Building and strengthening institutional and profesional health capacities for prevention, treatment and monitoring of health risks related to exposure to mercury or its compounds

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF HEALTH

Role with respect to the above listed provisions:

- The Ministry of Health has a mission to draft and implement policies and development strategies in the healthcare sector.

Relevant institutional capacity in place:

- There is no program or strategy for identifying and protecting populations at-risk from mercury, nor any education program for preventing occupational mercury exposure. Also, there is lack of sufficient institutional and health professional capaci-ties for the prevention, diagnosis, treatment and monitoring of health risks related to exposure to mercury and mercury compounds.

Name of institution / organization:

INSTITUTE OF PUB-LIC HEALTH

Role with respect to the above listed provisions:

- Risk assessment of pollutants in health, studies

- Occupational Health Relevant institutional capacity in place:

- There are no mercury related activities ongoingName of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

- Collaborative role with responsible InstitutionsRelevant institutional capacity in place:

Remaining capacity gaps that need to be addressed before provisions can be met:- There is no program or strategy for identifying and protecting populations at risk from mercury.

- There are insufficient institutional and professional capacities for prevention, diagnosis, treatment and monitoring of health risks related to exposure to mercury and mercury compounds.

- There is no educational program to prevent mercury exposure to work.

- No activity has been undertaken since 2010 to promote the prevention and treatment of potentially affected population exposure

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ARTICLE 17 /18– INFORMATION EXCHANGE, PUBLIC INFORMATION, AWARENESS AND EDUCATIONSuccinct summary of provisions rel-evant to Albania

- Facilitate the exchange of scientific, technical and legal informa-tion concerning mercury and mercury compounds, including toxi-cological, eco-toxicological and safety information, information on reduction or elimination of production, use, trade, emissions and releases of mercury and its compounds, on viable alternatives to products, processes and activities that involve mercury or its com-pounds,

- Share information on the health and safety of humans and the environment as non-confidential, in accordance with Article 17.5

- Report to the CoP on progress in implementing Convention obli-gations under Article 21

Each Party shall designate a national focal point for the exchange of information under the Convention, including with regard to the consent of the importing Parties under Article 3- Each Party shall promote and facilitate provision to the pub-lic of available information on health and environmental effects of mercury and its compounds, alternatives to mercury and its compounds, information concerning mercury and mercury com-pounds, including toxicological, eco-toxicological and safety infor-mation, information on reduction or elimination of production, use, trade, emissions and releases of mercury and its compounds, on viable alternatives to products, processes and activities that in-volve mercury or its compounds, results of research, development and monitoring activities.

- Promote and facilitate education, training and public awareness related to effects of exposure to mercury and its compounds on human health and environment in collaboration with relevant IGOs and NGOs and vulnerable populations.

- shall use the existing mechanisms or consider the development of mechanisms, such as pollutant release and transfer registers for the collection and dissemination of information on estimates of annual quantities of mercury or its compounds that are emitted, released or disposed of through human activities

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

MINISTRY OF ENVI-RONMENT

Role with respect to the above listed provisions:

According to the legislation in force, MoE is the competent authority for exchanging information and public awareness on environmental issues.

The Ministry of Environment has its website, the environmental bulletin and at the same time organizes awareness raising cam-paigns on various issues.

Awareness raising regarding the presence of mercury in use products and the effects of mercury on health and environment, care to be taken for disposal or in case of accident and release of mercury from products to the environment (for products up to date Of the prohibition on the importation of the products listed in Part A of Schedule A). The information sector cooperates with the technical sector covering the Convention and can organize awareness campaigns.Relevant institutional capacity in place:

Name of institution / organization:

MINISTRY OF HEALTH

Role with respect to the above listed provisions:

As a politicy making institution, the MoH regulates by legal and sub-legal acts the promotion and facilitation of the provision of public information on relevant public health issues, the factors affecting it.Relevant institutional capacity in place:

Name of institution / organization:

INSTITUTE OF PUB-LIC HEALTH

Role with respect to the above listed provisions:

- Department of Health PromotionRelevant institutional capacity in place:

Name of institution / organization:

REC

Role with respect to the above listed provisions:

- Promotion of awareness campaigns with the involvement of civil society,

- Involvement in the development of modules for institutional and professional capacity buildingRelevant institutional capacity in place:

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Name of institution / organization:

EDEN Center

Role with respect to the above listed provisions:

Awareness on the effects of mercury, especially in polluted areasKapaciteti institucional lidhur me kërkesat e Konventës

Adequate for monitoring health conditionRemaining capacity gaps that need to be addressed before provisions can be met:- Enhancing the technical capacity and information related to the Mercury would

help to organize awareness-raising campaigns

- It is necessary to regulate the obligation of the responsible institutions for the exchange of information regarding the health impacts of exposure to mercury and its compounds, in close cooperation with WHO and other relevant organizations, as well as increasing awareness on the exposure to mercury.

ARTICLE 19 – RESEARCH, DEVELOPMENT AND MONITORINGSuccinct summary of provisions relevant to Albania

1. Parties shall endeavour to cooperate to develop and im-prove, taking into account their respective circumstances and capabilities:

(a) Inventories of use, consumption, and anthropogenic emis-sions to air and releases to water and land of mercury and mercury compounds;

(b) Modelling and geographically representative monitoring of levels of mercury and mercury compounds in vulnerable populations and in environmental media, collaboration in the collection and exchange of relevant and appropriate samples;

(c) Assessments of the impact of mercury and mercury com-pounds on human health and the environment, particularly in respect of vulnerable populations;

(d) Harmonized methodologies for the activities undertaken under subparagraphs (a), (b) and (c);

(e) Information on the environmental cycle, transport (includ-ing long-range transport and deposition), transformation and fate of mercury and mercury compounds in a range of eco-systems,

(f) Information on commerce and trade in mercury and mer-cury compounds and mercury-added products; and

(g) Information and research on the technical and economic availability of mercury-free products and processes and on BAT/BEP to reduce and monitor emissions and releases of mercury and mercury compounds.

2. Parties should, where appropriate, build on existing moni-toring networks and research programmes in undertaking the activities identified in paragraph 1.

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INSTITUTION OR ORGANIZATION

Name of institution / organization:

UNIVERSITETY OF TIRANA, FACULTY OF NATURAL SCIENCES

Role with respect to the above listed provisions:

FNS/UT has conducted studies on monitoring mercury levels in the air through biomonitoringRelevant institutional capacity in place:

The Laboratory analyzing mercury has analytical and human capacities of a high level but is not accredited

Name of institution / organization:

NATIONAL ENVIRON-MENTAL AGENCY

Role with respect to the above listed provisions:

Monitoring of the state of the environment, chemical analy-sis of pollutants, including heavy metalsRelevant institutional capacity in place:

Laboratory is not accredited for mercury analysisName of institution / organization:

MINISTRY OF ENVIRON-MENT

Role with respect to the above listed provisions:

Competent authority for international co-operation

The focal point of the ConventionRelevant institutional capacity in place:

Remaining capacity gaps that need to be addressed before provisions can be met:Scientific research institutions may have studies in this field, but there is lack of coordi-nation and cooperation with competent authorities to make their data public.

Accreditation of laboratories carrying out mercury chemical analysis is needed

Strengthening coordination and incorporating scientific institutions into mercury moni-toring projects in the environment is indispensable.

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ARTICLE 21 – REPORTINGSuccinct summary of provi-sions relevant to Albania

1. Each Party shall report to the Conference of the Par-ties, through the Secretariat, on the measures it has tak-en to implement the provisions of this Convention and on the effectiveness of such measures and the possible challenges in meeting the objectives of the Convention.

2. Each Party shall include in its reporting the informa-tion as called for in Articles 3, 5, 7, 8 and 9 of this Con-vention.

3. The Conference of the Parties shall, at its first meet-ing, decide upon the timing and format of the report-ing to be followed by the Parties, taking into account the desirability of coordinating reporting with other relevant chemicals and wastes conventions.

INSTITUTION OR ORGANIZATION

Name of institution / organiza-tion:

MINISTRY OF ENVIRONMENT

Role with respect to the above listed provisions:

- Focal point for the ConventionRelevant institutional capacity in place:

Remaining capacity gaps that need to be addressed before provisions can be met: