regional workshop aimed at addressing aspects and obstacles to the process of ratification of or...

Regional Workshop aimed at Addressing Aspects and Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Obstacles to the Process of Ratification of or Accession to the

Basel Protocol on Liability and Compensation Basel Protocol on Liability and Compensation

Albanian delegation preparedAlbanian delegation prepared ::

““Civil Liability”Civil Liability” by by

Diana XHYHERIDiana XHYHERI

Ministry of Environment, Forests and Ministry of Environment, Forests and Water AdministrationWater Administration

18-20 January 200618-20 January 2006

Warsaw POLANDWarsaw POLAND

Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation Ratification of or Accession to the Basel Protocol on Liability and Compensation

The answers to the questionnaire # 1 were based on the draft The answers to the questionnaire # 1 were based on the draft law “On Environmental Administration of the Hazardous law “On Environmental Administration of the Hazardous Waste”, which is drafted by EU consultants in cooperation Waste”, which is drafted by EU consultants in cooperation with Ministry of Environment, Forest and Water with Ministry of Environment, Forest and Water Administration. Administration.

This draft-law is the first effort made by this Ministry in the This draft-law is the first effort made by this Ministry in the area of Hazardous Waste management.area of Hazardous Waste management.

Actually, the draft-law is under the discussion process by Actually, the draft-law is under the discussion process by CM.CM.

Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and CompensationRatification of or Accession to the Basel Protocol on Liability and Compensation

The draft law is compile in the implementation of the National The draft law is compile in the implementation of the National

Plan for the Approximation Legislation. Plan for the Approximation Legislation.

The preparation of this draft law is based on the Directive The preparation of this draft law is based on the Directive

91/689/EEC on hazardous waste and some others important EU 91/689/EEC on hazardous waste and some others important EU

directives as follows, and the obligations under the Basel directives as follows, and the obligations under the Basel

Convention.Convention.

Directive 75/442/EEC(Frame directive on waste),Directive 75/442/EEC(Frame directive on waste),

Directive 1999/31/EC (Directive on waste landfill),Directive 1999/31/EC (Directive on waste landfill),

Directive 2000/76/EC (Directive on waste incineration),Directive 2000/76/EC (Directive on waste incineration),

Decision 2000/532/EC which give a list of wastes.Decision 2000/532/EC which give a list of wastes.


The aim of this law is to arrange the hazardous waste The aim of this law is to arrange the hazardous waste management, reflecting the main requests of the EU management, reflecting the main requests of the EU legislation, including definition on dangerous waste, base legislation, including definition on dangerous waste, base principle, management plan, the obligations and including principle, management plan, the obligations and including peoples in their management process, the obligations of the peoples in their management process, the obligations of the producers and holders of the hazardous waste, the obligations producers and holders of the hazardous waste, the obligations for the people who are engage in the collection/transportation for the people who are engage in the collection/transportation of the hazardous waste, squares of the hazardous waste, their of the hazardous waste, squares of the hazardous waste, their import/ export, observation/inspection, etcimport/ export, observation/inspection, etc

In this respect we may state that the draft-law is closely In this respect we may state that the draft-law is closely approached.approached.


The principles on which is drafted this draft-law include:The principles on which is drafted this draft-law include:

Generality of the Hazardous waste management without impact/risk to Generality of the Hazardous waste management without impact/risk to

the human health and environment. the human health and environment.

The polluters pay.The polluters pay.

The principal of the separation of the waste from the other waste The principal of the separation of the waste from the other waste

(dangerous and non dangerous)(dangerous and non dangerous)

The draft-law considers the National Plan for hazardous waste The draft-law considers the National Plan for hazardous waste

management as a base document of the national policy in this regard.management as a base document of the national policy in this regard.


The draft identifies the involved persons in the managing The draft identifies the involved persons in the managing process of the hazardous waste; the producer and HW store process of the hazardous waste; the producer and HW store keeper, physical & legal persons who deal with collection, keeper, physical & legal persons who deal with collection, transportation and other operations in the recycling or transportation and other operations in the recycling or incineration field and, also their temporary storing. incineration field and, also their temporary storing.

In respect of afore said the law foresees a series of legal In respect of afore said the law foresees a series of legal obligations in comply with the Acquis requirements for this obligations in comply with the Acquis requirements for this kind of waste.kind of waste.

The obligations of the producers and depositors of HW The obligations of the producers and depositors of HW contains also responsibility to afford the costs for the contains also responsibility to afford the costs for the operation of the HW administration, the responsibilities to operation of the HW administration, the responsibilities to transfer the management only to the authorized persons and to transfer the management only to the authorized persons and to register all the respective data-sregister all the respective data-s. .


The draft law regulates in a specified way the circumstances The draft law regulates in a specified way the circumstances

and methods how the official authorized peoples are and methods how the official authorized peoples are

permitted to carry out the collection/transportation and permitted to carry out the collection/transportation and

storage of the hazardous waste, accompanied storage of the hazardous waste, accompanied

documentations of the goods, as well as compulsory documentations of the goods, as well as compulsory

registration of the trade operators and of the intermediaries registration of the trade operators and of the intermediaries

hazardous waste, as a regulatory instrument for the hazardous waste, as a regulatory instrument for the

effectively management of the hazardous waste.effectively management of the hazardous waste.

The draft law foresees furthermore sanctions for the cases The draft law foresees furthermore sanctions for the cases

when the law is breached. when the law is breached.


The draft law foresees a number of the transitory provisions, The draft law foresees a number of the transitory provisions,

which determine a period of time for a realistic application which determine a period of time for a realistic application

of the law, an issue which to a certain extend is been of the law, an issue which to a certain extend is been

obstacled by the fact that Albania doesn’t have the landfill obstacled by the fact that Albania doesn’t have the landfill

for the hazardous waste incineration, which comply with the for the hazardous waste incineration, which comply with the

EU international standards.EU international standards.

The draft law is also accompanied by three annexes AnnexeThe draft law is also accompanied by three annexes Annexe

I, I, describes the categories, containing elements and describes the categories, containing elements and

characteristics of hazardous waste, while the Annexes II and characteristics of hazardous waste, while the Annexes II and

III provides the recycling & incineration operations per the III provides the recycling & incineration operations per the

Frame Directive of Waste. Frame Directive of Waste.


The complexity of the hazardous waste The complexity of the hazardous waste management, make the technical instructions to be a management, make the technical instructions to be a regulator instrument very effectual. (after the regulator instrument very effectual. (after the approval of the law). approval of the law).


Questionnaire no. 1Questionnaire no. 1

1.1. In the case of an accident in your country during a trans In the case of an accident in your country during a trans boundary movement of hazardous wastes, who will be liable for boundary movement of hazardous wastes, who will be liable for the damage caused according to domestic law: the generator the damage caused according to domestic law: the generator (even if the generator is outside the country) / the owner / the (even if the generator is outside the country) / the owner / the carrier / the disposer / any other party to the transaction?carrier / the disposer / any other party to the transaction?

Because Albania doesn’t have the necessary capacity for Because Albania doesn’t have the necessary capacity for recovery, incineration, and removal of the hazardous waste, the recovery, incineration, and removal of the hazardous waste, the draft low foresees to stop the importing of the whole hazardous draft low foresees to stop the importing of the whole hazardous waste or their trans boundary transitor through the territory of waste or their trans boundary transitor through the territory of Albania. So, this point is not applicable in the Albania Albania. So, this point is not applicable in the Albania conditions. conditions.


2.2. What types of damage are covered in your domestic law: What types of damage are covered in your domestic law: personal injury / loss of life / damage to property / damage personal injury / loss of life / damage to property / damage to the environment / any other?to the environment / any other?

The article 4 of the draft law on “The rule of hazardous The article 4 of the draft law on “The rule of hazardous waste administration” foreseen that the undertaken of the waste administration” foreseen that the undertaken of the hazardous waste administration to be without impact/risk to hazardous waste administration to be without impact/risk to the human health and environment especially without the human health and environment especially without impact/risk to water, air, land, vegetables and animals.impact/risk to water, air, land, vegetables and animals.


3.3. Which is the relevant agency for the enforcement of liability in Which is the relevant agency for the enforcement of liability in

your country: national courts / regulatory agencies regulating your country: national courts / regulatory agencies regulating

health and safety and/or environmental matters / any other?health and safety and/or environmental matters / any other?

Regarding the environmental matters, the responsible Agency Regarding the environmental matters, the responsible Agency

that will deal with the enforcement of liability in Albania is that will deal with the enforcement of liability in Albania is

Ministry of Environment and Inspectoriate of Environment Ministry of Environment and Inspectoriate of Environment

through the Regional Environmental Agency in every district. through the Regional Environmental Agency in every district.


In accordance with the mentioned draft-law, is foreseen a In accordance with the mentioned draft-law, is foreseen a

inspection system for whole actors which are involved in inspection system for whole actors which are involved in

managing process of Hazardous Waste. In accordance with it, managing process of Hazardous Waste. In accordance with it,

the environmental permits can change, block or cancel ate in the environmental permits can change, block or cancel ate in

accordance with the disposition of this draft-low.accordance with the disposition of this draft-low.


4.4. What would be the nature of the liability in your country: What would be the nature of the liability in your country: strict / fault based?strict / fault based?

Not applicable. There is no law on environmental liability Not applicable. There is no law on environmental liability yet. yet.

5.5. Are there any time limits to the liability?Are there any time limits to the liability? Not applicable. There is no law on environmental liability Not applicable. There is no law on environmental liability

yet.yet.

6.6. Are there any minimum or maximum financial limits to Are there any minimum or maximum financial limits to the liability? the liability?

Not applicable. There is no law on environmental liability Not applicable. There is no law on environmental liability yet. yet.


But have sanctions provide for fines between 5.000 $ to 10.000$.But have sanctions provide for fines between 5.000 $ to 10.000$.

Further, the Environmental Inspectorate proposes the Further, the Environmental Inspectorate proposes the

sequestration of the equipments and materials which caused the sequestration of the equipments and materials which caused the

pollution and damaged the environment. According as the pollution and damaged the environment. According as the

pollution and damage caused, the activity can blocked for three pollution and damage caused, the activity can blocked for three

months or forever, as well the environment permit can be months or forever, as well the environment permit can be

cancelled for the temporary or finally time.cancelled for the temporary or finally time.


7.7. Is there any existing insurance coverage in respect of any or all of Is there any existing insurance coverage in respect of any or all of the incidents and/or damage contemplated by the Protocol? the incidents and/or damage contemplated by the Protocol?

The insurance coverage is foreseen in the Article 14 on “Financial The insurance coverage is foreseen in the Article 14 on “Financial bond” to the draft-law, where the person which is responsible to bond” to the draft-law, where the person which is responsible to administrate the hazardous waste, after has provided the administrate the hazardous waste, after has provided the environmental permit for this place, give a guarantee payment for environmental permit for this place, give a guarantee payment for the closing, further intervention and/or environmental the closing, further intervention and/or environmental rehabilitation after the closure of the hazardous waste site.rehabilitation after the closure of the hazardous waste site.

If the applicants doesn’t introduce the appropriate financial bond If the applicants doesn’t introduce the appropriate financial bond in accordance with Article 14 above mentioned, then the in accordance with Article 14 above mentioned, then the environmental permit for the square doesn’t allowed.environmental permit for the square doesn’t allowed.


8.8. Have you identified any gaps in your liability legislation that Have you identified any gaps in your liability legislation that

could lead to cases where damage caused by accidents could lead to cases where damage caused by accidents

remains uncovered?remains uncovered?

Not applicable. There is no law on environmental liability Not applicable. There is no law on environmental liability

yet.yet.


9.9. Has your country entered into any regional or bilateral Has your country entered into any regional or bilateral

agreements regarding liability in connection with of agreements regarding liability in connection with of

hazardous wastes? If so, please provide information.hazardous wastes? If so, please provide information.

Due to the lack of a low on hazardous waste and the draft-low Due to the lack of a low on hazardous waste and the draft-low

is under the improvement process by CM, which stops the is under the improvement process by CM, which stops the

importing of hazardous waste, Albania doesn’t have any importing of hazardous waste, Albania doesn’t have any

regional or bilateral agreements regarding liability in regional or bilateral agreements regarding liability in

connection with accidents during a trans boundary movement.connection with accidents during a trans boundary movement.

regional workshop aimed at addressing aspects and obstacles to the process of ratification of or...

Documents

dangerous waste

waste dangerous

waste incineration

waste landfill

draft law

management process

ec directive

management plan