Concerning the land

ON CIVIL EMERGENCIES

In reliance with Articles 78, 83 paragraph 1, 170 and 174 of the Constitution, on proposal of the Council of Ministers,

Purpose

Planning and management of civil emergencies shall be duties of Albanian state aiming at:

a) Prevention, lessening and recovery from any damage that affect the population, livestock, property, cultural heritage and the environment from civil emergencies;

b) Provision of conditions for state institutions, public and private, for economic activities and the population, to pass from normal living and working situation to a emergency, with as minor losses as possible for public order, for people’s lives, for the livestock, for property, for cultural heritage and for the environment against effects of a civil emergency;

c) Ensuring of use of all available state resources aiming at public security, continuous protection of national economy, localizing the area of emergency and easing of consequences.
Article 2
Definitions
In application of this law, the below terms have these meanings:

1. "Civil emergency" means a situation caused by natural, ecological, industrial, social, terrorist actions, military actions (in state of war) factors, which bring grave and immediate damage to the life, health of the population and livestock, to property, to cultural heritage and to the environment.

2. "National civil emergency" means an urgent critical situation of a temporary nature that damages seriously the life, health and security of citizens of the Republic of Albania, the livestock, cultural heritage and the environment, of a size and such nature that exceeds ability or authority of local government organs to overcome it, or seriously threats the ability of the Government of the Republic of Albania to preserve sovereignty, security and territorial integrity of the country.

3. "Natural misfortune" means earthquake, floods, extended atmospheric dryness, architectonic sliding, avalanches, hurricanes, fires in forests and in residential environs, massive infective diseases, whose consequences affect the population, livestock, property, environment as well as other events cause by natural phenomena.

4. "Other misfortunes" means road, railway, marine, aerial accidents, as well as fires, explosions, barricades collapse, nuclear, ecological or industrial accidents and any other type of accidents caused by human action, by wars or emergencies as well as other forms of massive violence.

5. "Misfortune" means an event, consequences of which have been caused by natural uncontrolled forces [force major] or by other reasons determined in this law, which threat or damage the life and health of population, livestock, property, cultural heritage and environment to the extent that require special measures to be taken and use of special resources either human or technical-material.

6. "Protection measures" means organizational, technical measures and any other measures for the immediate individual and collective protection of people, livestock, institutions, cultural heritage and the environment against consequences of natural misfortunes or other misfortunes.

7. "Intervention operation" mean actions of forces and means to save live of people, of livestock and material values (property) in a territory affected by the misfortune as well as provision of conditions for living of the population affected by the misfortune.

8. "Prevention" means standard measures taken prior to happening of an event in order to avoid or minimize damages that might occur as a result of the event.

9. "Forecast" mean activities performed to study and determine the cause of emergencies, to determine areas, territories and objects affected by similar risks.

10. "Planning and management of civil emergencies" mean preparation of public authorities, institutions and central and local government organs, of juridical persons, public or private, of organizations and of population for a civil emergency as well as for cases of a natural misfortune determining measures to be taken for prevention and recovery of the situation caused by the action of emergent circumstances.

11. "Recovery" means measures and actions executed to recover the previous situation in the region (territory) affected by the misfortune.

12. "Risk" means a serious, real and immediate situation that threats life of people, of livestock, damage of public property, of cultural heritage and of environment which might be caused by natural misfortunes or by other misfortunes.

13. "Civil emergencies service" means coordinated service of the State Police and other police services, the rescue and fire protection service and the one of the medical emergency.

14. "Risk assessment" means quantitative and qualitative analysis of the nature and other circumstances about the potential event resulting from a natural misfortune or other misfortunes.
Article 3

General Principles

1. State organs determined by this law shall be responsible for prevention, management and recovery of the situation caused by the misfortune.

2. State organs shall have the right to use any public or private means as well as collaborate with volunteer organizations that have a determined role in emergency situations to avoid or reduce consequences caused by misfortunes, in conformity with rules set forth by the legislation in power during that much time as the circumstance causing these consequences occurs.

3. Established structures for planning and management of civil emergencies shall function as such even in cases when by law has been declared the state of emergency, the state of war or the state of natural misfortune having as main objective to take measures for prevention and recovery of the situation caused by the state of emergency, the state of war or the state of natural misfortune.

4. Any citizen of the Republic of Albania, in compliance with its real abilities shall have the duty to assist in prevention and minimization of the consequences caused by misfortunes in conformity with rules set forth in this law.

5. No organ, determined by this law shall exercise responsibilities that are not under its jurisdiction.

6. Organs that in accordance by this law established on emergency situations shall be fully powerful within their responsibilities and hierarchy to act after the overcome of emergency situations as provided for in paragraph 1 and 2 of Article 174 of the Constitution.

7. Organs that in accordance with this law are of an operational type shall function permanently and exercise duties determined in this law for the forecast, prevention, intervention operations and recovery from consequences caused by misfortunes.

8. Acts of higher organs shall be mandatory to be applied by the lower organs and by any natural or juridical person. They assume juridical power in the moment of their enacting. Organs that enact these acts shall be obliged to make immediately know to the appliers.
Article 4

Types of Structures

For planning and management of civil emergencies shall be established temporary and permanent structures at the central and local level.

The Council of Ministers

1. The Council of Ministers shall be responsible for planning and management of civil emergencies in the Republic of Albania.

2. In exercise of its functions for this purpose the Council of Ministers shall execute these duties:

a) Approve the policy and programs for planning and management of civil emergencies.

b) Approve the national program and creates conditions for education, training, planning and management of civil emergencies.

c) Set for a period no longer than 30 days the state of natural misfortune in a part on in the entire territory of the country for forecast, prevention, intervention operations or recovery of the consequences of civil emergency situations.

ç) Inform the President and the Assembly of the Republic of Albania about the civil emergency and on potential consequences as well as for measures taken to avoid it.

d) Asks for the consent of Assembly to prolong the state of misfortune beyond 30 days.

dh) Assess the level of damages caused by natural misfortunes or other misfortunes in co-operation with specialists of responsible organs as well as the level of assistance for recovery.

e) Determine in co-operation with foreign donors the procedures for international assistance in cases of civil emergencies in compliance with relevant international convention signed by the Albanian Government.

ë) Appropriate funds for state contingency means and equipment to prevent and manage of civil emergencies.
Article 6

Inter-ministerial Committee of Civil Emergencies

1. In case of a national civil emergency according to the purpose and object of this law in [appurtenant to] the Council of Ministers shall be established the Inter-ministerial Committee of Civil Emergencies.

2. The Council of Ministers shall appoint the chairman of this Committee and its composition.

3. Inter-ministerial Committee shall remain convened until the caused that led to emergency have been terminated.

4. Inter-ministerial Committee may call specialists for consultations during emergencies.

Article 7

Duties of the Inter-ministerial Committee of Civil Emergencies

Inter-ministerial Committee of Civil Emergencies shall perform these duties:

a) Co-ordinate actions of civil emergency forces

b) Co-ordinate management of state reserves and determines the manner of their use.

c) Determine manners and procedures for the use of financial and material resources in case of an emergency.

ç) Discuss and decide in advance on assessment of damages caused by natural misfortunes or by other misfortunes.

d) Assess reconstruction and recovery from natural misfortunes or other misfortunes aiming at the protection of life and health of people, of livestock, of property, of cultural heritage and environment as well as to prevent potential damages in the future and in the provision of basic living conditions.

dh) In cases of a national civil emergency appoint the director of emergency management operation.

e) Perform other duties deriving by this law and separate duties assigned by the Council of Ministers on management of civil emergency.
Article 8

The Ministry of Local Government

1. The Ministry of Local Government shall be responsible for preparation and implementation of the national plan for planning and management of civil emergencies.

2. The Ministry of Local Government shall perform these duties:

a) Implements together with other institutions the policy of the Council of Ministers in the field of planning and management of civil emergencies.

b) Co-ordinates actions of all parties in planning and management of civil emergencies for fulfillment of duties belonging to these parties and co-ordinates actions with local government organs for management of civil emergencies.

c) Organize bilateral relations and international co-operation for development and implementation of planning and management of civil emergencies.

ç) Manage the system of protection against natural misfortunes or other misfortunes.

d) Develop strategies of planning and management program of civil emergencies and submit to the Council of Ministers for approval.

dh) Elaborate implementation of education and training programs in the field of protection against natural misfortunes or other misfortunes.

e) In collaboration with ministries, various institutions and entities conduct risks assessment on which is based the national plan of civil emergencies and submits it for approval to the Council of Ministers.

ë) Takes measures for raise awareness of the public about civil emergencies and appropriate funds for studies about management of civil emergencies by public institutions.

f) Enter into agreement with associations and organizations that offer their assistance in realization of duties of planning and management of civil emergencies.

g) Notify every six months the Council of Ministers on the general situation of planning and management of civil emergencies.

gj) Provision to the Inter-ministerial Committee of Civil Emergencies all the necessary data on emergency situations and the risks they represent.

h) Follow up the work for creation and use of state reserves provided from the structures of state reserves for civil emergency situations.

i) Determine rules of use of material and financial resources in cases of civil emergencies.

j) Co-ordinate organization and equipment of intervention forces in cases of a civil emergency.

k) Organize, implement and monitor the database at national level on civil emergency situations.

l) Co-ordinate the work for assessment of damages caused and recovery from natural misfortune or other misfortune in compliance with relevant by-laws.

ll) Control the implementation of protection and preventive measures in cases of civil emergencies.

m) Perform other duties deriving by this law or by other laws.
Article 9

Department of Planning and Management of Civil Emergencies

1. In the Ministry of Local Government shall be established and function Department of Planning and Management of Civil Emergencies.

2. The Department shall be responsible for preparation and implementation of national plan of planning and management of civil emergencies.

3. The Department shall conduct continuous inspection for implementation of protection measures against natural or other misfortunes.

4. The structure, responsibilities and duties of the Department of Planning and Management of Civil Emergencies shall be determined by the Council of Ministers.
Article 10

Technical Consulting Commission of Specialists

1. In the Department of Planning and Management of Civil Emergencies shall be established the Technical Consulting Commission with specialists from ministries, institutions, various entities and operational forces.

2. The Consulting Commission is called and chaired by the Director of Department of Planning and Management of Civil Emergencies.

3. The Commission shall perform the co-ordination of actions in the field of planning and management of civil emergencies through various authorities and volunteer organizations.

4. The Council of Ministers on proposal of the Minister of Local Government shall determine composition, manner of functioning and responsibilities of this Commission.

5. The Department of Planning and Management of Civil Emergencies shall keep a register [record] for specialists that may call for consultations.

Ministries

1. Each Minister shall be responsible for organization of planning and management of civil emergencies in the activity under its jurisdiction.

2. The ministries shall execute these duties:

a) Formulate plans for civil emergency preparation according to the type of activity and their responsibility and submit those in the Ministry of Local Government for co-ordination.

b) Implement plans and determine measures for prevention of natural and other misfortunes and of consequences caused by these misfortunes within the field of their responsibility.

c) Organize training and education in the field of their activity in co-ordination and consultation with Department of Planning and Management of Civil Emergencies.

ç) Analyze the situation of planning and management of civil emergencies within their field of responsibility and notify the Department of Planning and Management of Civil Emergencies.
Article 12

Various Public Entities

1. Various public entities when requested from the Department of Planning and Management of Civil Emergencies shall conduct studies which include forecast, prevention and avoiding of consequences of natural or other misfortunes and submit these studies to the Department.

2. Public Entities shall submit to the Department the results of studies that may be of general interest for planning and management of civil emergencies.

3. The manner of planning and relevant costs shall be determined by decision of the Council of Ministers.

The Prefect

1. The Prefect shall be responsible for planning of civil emergencies in the respective region.

2. The Prefect has the following duties:

a) To organize and co-ordinate the work for formulation of civil emergency preparation plan in the region and for implementation of protection measures;

b) To collect and elaborate the necessary data from municipalities and communes for implementation of duties of planning and management of civil emergencies;

c) To follow up and request from subordinate organs announcement schemes and their functioning;

ç) To forecast necessary material and financial resources and reserves for sheltering of population in emergency cases from natural or other misfortunes;

d) To implement organization, co-ordination and equipment of operational forces;

dh) To follow up the realization of duties for relief of civil emergency effects and of organization of interventions;

e) To follow up the recovery from natural or other misfortunes;

ë) To analyze the situation of planning of civil emergencies and to notify the Department of Planning and Management of Civil Emergencies on civil emergencies occurring in the region;

f) To present a request for assistance to neighboring regions and to central institutions if it is necessary;

g) To appoint the director of civil emergency management operation within its region.
Article 14

Organization in the Region

1. In each region under the direction of the Prefect shall be established a region commission with duty to co-ordinate activities of regional authorities and those of volunteer organizations.

2. The Minister of Local Government shall determine composition, manner of functioning and responsibilities of this commission.

3. The Prefect shall keep a register for specialist in the region with whom he consults when deemed necessary.

Service of Civil Emergency

1. In each region, under the direction of the Prefect functions the service of civil emergency as a component of the system of planning and management of civil emergencies in conformity with determination of paragraph 13 of Article 2 of this law.

2. Rules, manner of functioning, rights and duties as well as responsibilities of the civil emergency service shall be determined by the Council of Ministers.
Article 16

Organization in Municipality and in Commune

1. The Major of municipality or commune shall be responsible for planning and management of civil emergencies in the respective municipality or commune.

2. The Major of municipality or commune has the following duties:

a) To direct organization and co-ordination of work for formulation of preparation plans for civil emergency in the respective municipality or commune and for implementation of protection measures;

b) To collect and elaborate the necessary data form administrative units of municipality and commune for implementation of planning duties and management of civil emergencies;

c) To organize the system of population notification about the risk and to take care for the functioning of notification means;

ç) To forecast necessary material and financial resources and reserves for sheltering of population in emergency cases from natural or other misfortunes;

d) To implement organization, co-ordination and equipment of operational forces;

dh) To follow up the realization of duties for relief of civil emergency effects and of organization of interventions;

e) To follow up the recovery from natural or other misfortunes;

ë) To present a request for assistance to neighboring municipalities and communes and to the region if it is necessary;

f) To analyze the situation of planning of civil emergencies in municipality and commune and to notify the region

g) To implement duties assigned by the structures of planning and management of civil emergencies at the central level;

gj) To appoint the director of the management operation of civil emergency within the territory of municipality or commune.

Local Commission of Civil Emergencies in the Municipality or Commune

1. In each municipality or commune under the direction of the Major of municipality or commune shall be established the local commission of civil emergencies with duty to co-ordinate the actions of municipality or commune authorities and volunteer organizations for planning and management of civil emergencies within its own territory.

2. The Minister of Local Government shall determine criteria of composition and manner of organization and functioning of this commission.

3. The Major of municipality or commune shall keep a register of specialists in the territory of municipality or commune with whom consults where deemed necessary.

Operational Structures of Civil Emergency

Organization of planning and management of civil emergencies shall include the Service of Civil Emergencies, the Base of Civil Protection, the Armed Forces, the State Police, other types of police determined by law dependent on civil emergency and other organs determined in this law, but included in the plans of civil emergencies.

Base of Civil Protection

At the national level functions the Base of Civil Protection as a structure under the jurisdiction of the Ministry of Defense. It is used for special rescue operations and other urgent operations as a backup and to ensure an immediate response in civil emergencies.

Use of Armed Forces for Civil Emergencies

1. When the territory of a civil emergency is increased in an immediate manner in assistance of the rescue and relief operations in the area of misfortune, with approval of the Prime Minister or the Minister of Defense may be used units of Armed Forces of the Republic of Albania according to beforehand compiled plans in co-operation with their commander

2. When units of Armed Forces participate in operation they are directed by their commanders according to the duties given by the rescue operation director
Article 21

State Police

1. The State Police shall be organized and perform its duties in the rescue and relief operations as per the beforehand compiled plans.

2. Its duties include protection of area of civil emergency, guarding of public order, the process of identification and information about hurt and dead persons, their displacement from emergency area as well as other duties given in application of Law No.8553, dated 25.11.1999 "On State Police".

3. When the police participate in the rescue operations its forces are commanded by its supervisors as per the duties assigned by the director of rescue operation.

Rescue and Fire Protection Service

The service of fire protection and rescue is a component of operational forces in permanent alert and acts for fire extinguishing, for search and rescue of people in area of civil emergency and for relief of consequences from natural or other misfortunes.

Paramedical Service

Paramedical service is a component of operational forces and acts for provision of first aid in area of civil emergency and for transportation of hurt persons to hospital.

Volunteer Service

1. For management of civil emergencies shall be organized and function volunteer services.

2. A volunteer may be any Albanian citizen, 18 years of age that has completed the basic education and training in response of emergency situations or accepts to voluntarily participate in the management of civil emergency.

3. For management of civil emergencies shall be accepted as volunteers even foreign citizens.

4. Persons that voluntarily request to participate in the rescue operations shall have these rights:

a) The right of work position unfilled;

b) The right of full payment from the employer been the latter even a private one.

c) In case of accident or loss of life during the activity in civil emergencies shall be entitled of invalidity pension in accordance with provisions in force.

Co-ordination of Assistance

The Department of Planning and Management of Civil Emergencies shall co-ordinate aids from international organizations, non-for profit organizations and private volunteer organizations local or foreign for management of civil emergencies.

Citizens’ Obligation

1. Any citizen of the Republic of Albania in compliance with requirements of the Constitution shall be obliged to participate in management of civil emergencies according to a request of the Department of Planning and Management of Civil Emergencies, of the Prefect, of the Major of municipality or commune.

2. Obligation to participate in management of civil emergencies shall start at 18 years of age and expires at 60 years of age for males and 55 years of age for female [citizens].
Article 27

Exception from Obligation

Shall be excluded from the obligation to participate in operations of intervention in civil emergency citizens:

a) That for health reasons can not perform duties of intervention operations;

b) Pregnant women and mothers with children up to 10 years old;

c) Sole parents with only one child under 10 years old.
Article 28

Rights of Citizens

Citizens serving in management of civil emergencies for a period of time which is not longer than the period of emergency situation shall enjoy the rights determined in Article 24.

Natural and Juridical Persons

1. Natural and juridical persons, which in their activity use, produce, and transport or store hazardous substances shall be obliged to plan, organize and implement at their own and expenses services for management of civil emergencies in their area of activity.

2. The natural and juridical persons have the following duties:

a) To formulate plans for civil emergency situations and to implement preventive measures in their area of activity;

b) To notify the personnel as well as authorities of the municipality and commune abut an immediate risk;

c) To organize, when necessary, evacuation of their employees and to activate their service in response of an emergency situation in their area of activity;

ç) To provide training for employees.

3. The Council of Ministers shall determine with normative act the substances that constitute danger in creation of emergency situations.

Other Obligations

1. The ministries and other central institutions, the Department of Planning and Management of Civil Emergencies, the Prefects and Majors of municipalities and communes shall plan and implement duties for creating a citizens’ culture in the management of civil emergencies.

2. The Ministry of Education and Science formulates and approves relevant programs of basic education of protection in cases of civil emergencies.

3. This program shall start in the elementary education and continue until the completion of the undergraduate education.

State Budget

1. The State Budget is the primary financial sources for planning and management of civil emergencies.

2. In the annual budget of the Ministry of Local Government as well as in that of each ministry is appropriated as a separate voice the budget for planning and management of civil emergencies.
Article 32

Other Sources

Other financing sources may be the following:

a) The State Budget appropriated for the Council of Ministers;

b) Revenues of local government;

c) Revenues generated from the service to third parties which are totally transferred to their [local government] budget;

ç) Various donors;

d) Other sources permitted by law;

CHAPTER VII
SANCTIONS
Article 33

Violation of Obligations determined by this Law

1. Violation of obligations determined by this law, by juridical and natural persons when does not constitute a criminal offense shall be punished with a fine from 50 thousand to 1 million and 500 thousand ALL issued by the operational structures of civil emergency which will be determined by decision of the Council of Ministers.

2. Violation of obligations set forth by this law by individuals when does not constitute criminal offense shall be punished with a fine from 5 thousand to 25 thousand ALL.
Article 34

The Right of Appeal

The charged subject may appeal and request repeal or amendment of decision charging it with a fine, provided that it honors requirements of Administrative Procedures Code on the right and appeal procedures against administrative act.

Enacting of By-Laws

The Council of Ministers within 6 months from entry into force of this law shall enact by-laws in its application, in compliance with general principles of Articles 5, 6, 9, 14 and 26 of this law.

Abolitions

With entry into force of this law Decree No.3824, dated 1.12.1964 of the Presidium of the People’s Assembly "On civil protection of the Republic" as well as any other provision contrary to this law is repealed.

Entry into Force

This law is effective 15 days after publication in the Official Journal.

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REPUBLIC OF ALBANIA