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1. Nomos + Physis TWReferenceNet Legal Protection of Transitional Waters in Albania Bajram Mejdiaj/ Aferdita Ponari

2. Nomos + Physis Legal Protection of Transitional Waters in Albania • No specific legislation for protection of transitional waters as such • The legal framework on this issue is composed of the rules on the management of all water types as well as on the conservation and management of nature, protected areas, river basins, lakes, etc.

3. Nomos + Physis Albanian Constitution (1) • The Albanian Constitution establishes the general framework for the protection of environment, the application of the sustainable development principle and sustainable management of natural resources, as well as the right of everyone to environmental information.

4. Nomos + Physis Albanian Constitution (2) • Article 59 - “The state, within its constitutional powers and the means at its disposal, and to supplement private initiative and responsibility, aims at: • d. a healthy and ecologically adequate environment for the present and future generations; • dh. the rational exploitation of forests, waters, pastures and other natural resources on the basis of sustainable development principle;” • Article 56: “Everyone has the right to be informed about the status of the environment and its protection.”

5. Nomos + Physis Law No.8934, of 05.09.2002, “On Environmental Protection” - (1) • Water protection includes surface and ground waters, their sources, quality and quantity, beds and banks of surface waters and aquifer formations. • Water protection should ensure the prevention of the further destruction of the surface water quality and exceeding of the respective quality norms, recovering of contaminated surface water quality, and achievement of the water quality objectives, prevention of destruction of ground water quality, rehabilitation of the contaminated ground waters, improvement of the balance of extraction level and natural regeneration of ground waters, protection of water flora and fauna.

6. Nomos + Physis Law No.8934, of 05.09.2002, “On Environmental Protection” – (2) • The speed of natural flow, course of the flow, circulation, the bed and banks of waters can be changed only through maintaining appropriate ratio of the water biocenoses and ensuring conditions for its functioning.

7. Nomos + Physis Law No.8934, of 05.09.2002, “On Environmental Protection” – (3) • The activities related to water use and especially to hydraulic and hydro technical interventions should ensure that waters: • Remain a landscape forming factor and cause no sliding and preserve water ecosystems • Are able to raise marine and terrestrial fauna and flora • Provide conditions for enabling their further use, from the qualitative and quantitative aspect.

8. Nomos + Physis Law No.8934, of 05.09.2002, “On Environmental Protection” – (4) • Special protection will be provided for natural sources, which supply drinking water, waters used by food industry, waters used for mineral and medicinal use and other waters, which are significant for nature conservation as well as for recreational purposes and medical treatment use • Water use, discharges into water and discharge of treated or untreated wastewater should endanger neither the natural processes conditions, nor the qualitative and quantitative regeneration.

9. Nomos + Physis Law No.8934, of 05.09.2002, “On Environmental Protection” – (5) • Water extraction, its return to the waters of origin and the inter-basin transfer should not affect the reserves, should not change unfavourably the quality and biological assets of the water source and recipient environment and should not risk the water self cleaning process. • The industrial activities that discharge waste water, should provide for stations for waste water treatment since project design and construct it before the activity becomes operational.

10. Nomos + Physis The Law on Water Resources (No. 8093) • Regulates the conservation, development and utilization of water reserves, the distribution of water reserves and the protection of water reserves from pollutions (Article 1). It establishes a distinct system of permits, authorizations and concessions for different kinds of water use. • It purports to apply to all water resources and uses of water within Albania’s borders with the exception of medicinal, mineral and thermal waters which are left to be regulated by separate legislation.

11. Nomos + Physis Law No. 9115, of 24.07.2003, on “Environmental Treatment of Polluted Water” (1) • The purpose of this Law is to protect the environment and human health from the negative impact of polluted waters by setting rules for environmental treatment of such waters and defining binding obligations upon subjects who discharge polluted waters in the environment.

12. Nomos + Physis Law No. 9115, of 24.07.2003, on “Environmental Treatment of Polluted Water” (2) • The scope of this law acts on: • polluted urban waters, • polluted industrial waters, according to specific industries; • waters resulting from irrigation of the land; • polluted waters of any kind

13. Nomos + Physis Law No. 8905, of 06.06.2002, on “Protection of Marine Environment from Pollution and Damage” (1) • Requirements that comes out of the Convention for the Protection of Mediterranean Sea and its protocols • Especially obligated to protect the marine environment and to implement the provisions of this law are:

14. Nomos + Physis Law No. 8905, of 06.06.2002 on “Protection of Marine Environment from Pollution and Damage” (2) • legal and physical entities, public or private, national or foreign, that utilise the marine environment or carry out their activities in this environment; • every deployment on the sea coast; • every vessel deployed or sailing the sea; • aeronautical craft flying over the marine environment.

15. Nomos + Physis Law No. 9103, of 10.07.2003, on “The Protection of Transboundary Lakes” (1) • Aimsat the environmental protection of the transboundary lakes in their natural state, guaranteeing the appropriate conditions for the development of life and ecosystems in these lakes, through the promotion of useful activities in compliance with the requirements of the sustainable development principle and stopping of activities that threaten them.

16. Nomos + Physis Law No. 9103, of 10.07.2003, on “The Protection of Transboundary Lakes” (2) • Further to this aim, unique ecosystems, with international values, transboundary lakes, are specially protected by the state, and have been proclaimed as protected areas, according to laws no. 8906, of 06.06.2002, on “Protected areas” and no. 8093, of 21.03.1996, on “Water reserves”, as well as through international conventions to which Albania is a party.

17. Nomos + Physis International Conventions (1) • Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar), as of 29 March 1996 • Convention on Access to information, Public Participation in Decision – making and Access to Justice in Environmental Matters (Aarhus), as of 25 June 1998. • Convention on Biological Diversity, as of 5 January 1994. • Convention on the Conservation of European Wildlife and Natural Habitats, as of 13 January 1999. • Convention concerning the Protection of the World Cultural and Natural Heritage, as of 10 July 1998.

18. Nomos + Physis International Conventions (2) • Convention for the protection of the marine Environment and coastal Region of the Mediterranean (Mediterranean Action Programme), as of 30 May 1990. • Convention on the Protection and Use of Transboundary Watercourses and International Lakes, as of 5 January 1994. • Convention on Environmental Impact Assessment in a Transboundary Context, as of 4 October 1991. • Convention on the Transboundary Effects of Industrial Accidents, as of 29 June 1999.

19. Nomos + Physis International Conventions (3) • Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, as of 29 June 1999. • Framework Convention on Climate Change, as of 3 October 1994. • Convention to Combat Desertification, as of 27 April 2000.

20. Nomos + Physis Institutional Aspects for Water Protection and Administration (1) • National Water Council • the Prime Minister; • the Minister of Territorial Adjustment and Tourism; • the Minister of Finance; • the Minister of Local Government and Decentralisation; • the Minister of Industry and Energy; • the Minister of Transport and Telecommunications;

21. Nomos + Physis Institutional Aspects for Water Protection and Administration (2) • the Minister of Health; • the Minister of Economy; - the Minister of Agriculture and Food; - the Minister of the Environment. The law establishes the National Water Council (the ‘NWC’) as an apex body responsible for determining the main lines of policy and for making major decisions.

22. Nomos + Physis Institutional Aspects for Water Protection and Administration (3) • Technical Secretariat • is described in the WRL as the ‘executive agency’ of the NWC and is established on the basis of a decision of the Council of Ministers • River Basin Councils and River Basin Agencies • The WRL enshrines the river basin principle and seeks to implement it through the establishment of River Basin Councils. These are described as ‘local authorities responsible for managing water resources in the relevant basins’.

23. Nomos + Physis Important State Documents Relevant to Waters • National Water Strategy – Approved by the Albanian Council of Ministers on 2004 • National Action Plan for Environment – Approved by the Council of Ministers by decision no. 34, of 28.01.2002 • National Action Plan for Environment and health -- Approved by the Council of Ministers on 1999 • Local Environmental Action Plans LEAPs • Local Environmental and Heath Action Plans LEHAPs

24. Nomos + Physis Summary(1) • Actually there exists legislation regarding the protection and management of water sources, which is also linked to the protection of transitional waters. During the process of legal approximation there will be established bases to integrate requirements of WFD as well as of other EU directives regarding water.

25. Nomos + Physis Summary (2) • There are already established networks that deal with protection and administration of waters. These networks need to enhance their own capacities in order to fulfil their obligations as it is requested by the law. • As to the practical situation, it has to be stressed that the real gap exists with regard to the law implementation.