European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3
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connectivity agenda: state of progress in the preparation of the core network and extended corridors; update on Albania's participation in SEETO and latest development regarding regional connectivity policies;Albania participates actively in the South-East Europe Transport Observatory (SEETO) and aims to continue to cooperate with its neighbouring countries aiming to define joint projects with regional interest and exchange information on current infrastructure projects and priority projects for the future. The intensification of regional cooperation will improve the absorption of investments in infrastructure projects of regional significance. Albania fully supports the inclusion of the SEETO comprehensive network in the TEN-T Core Network which will increase national network standards in Albania in order to comply with the EU standards. As it is mentioned in the 10th SEETO Annual Ministerial Meeting, held in Skopje, on 4 December 2014, the Transport Community Treaty with the Western Balkans is expected to be finalised in 2015, as the result of several years of work in close cooperation with the EU, aiming to create an integrated transport market with the European Union. Albania fully supports the Berlin Process, which will provide a real opportunity to improve connectivity within the Western Balkans region as well as with the EU. Albania considers this process as a key instrument to promote economic growth and employment in the Western Balkans. In the framework of this initiative, Albanian and Serbian experts of road and railways are working to prepare common application/projects, aiming to present these to the Vienna Summit, in August 2015. These projects are also part of SEETO Comprehensive Network. Albania is finalising the procedures for the approval in principle by the Council of Ministers of the MoU between the Republic of Albania, Bosnia and Herzegovina, Republic of Croatia and Montenegro relating to support to and cooperation in the realisation of the Adriatic – Ionian Highway. Following the EC recommendations to improve the project selection, SEETO has substantially strengthened the regional transport planning through a new Priority Project Rating Methodology adopted in 2012 and improved project prioritisation to serve various decision makers in rational investing of funds. By applying the Rating Methodology, SEETO MAP 2015 again highlights the importance of focusing on those key investment projects agreed on regional level that can deliver the highest value in terms of their potential to ensure social-economic development and greater integration into the European transport network (TEN-T). In this framework, two of the main railway projects (part of the priority projects of GoA), which link Albania with our neighbours (Montenegro and FYROM) are part of SEETO MAP 2015, as priority projects (in the preparatory phase). These projects are the Pre-Feasibility Study for Development of the Corridor VIII Railway Axis (including the missing link in Lini) and the track renewal and signalling and communication systems for entire Albanian Railway network. In the framework of 13th Call for Grant Applications under WBIF, Albanian Ministry of Transport and Infrastructure, Ministry of European Integration together with Kosovo Ministry of Infrastructure submitted the common application for Pre-Feasibility Study for the new railway line Albania – Kosovo. This project is considered of regional importance and will enhance the cooperation between both countries and will develop the multimodality. In the next SEETO Steering Committee Meeting (foreseen to be held on 10 March 2015) will be discuss the inclusion of this railway line in the SEETO Comprehensive Network. The second application under 13th call for Grant Application is the Feasibility Study for rehabilitation of Railway line Durrësi – Pogradeci – Lini (including the missing link to FYROM border). Currently, the following roads are under construction:
In addition, MTI is working to improve of border crossing points such as: Leskoviku – 3 Urat (connecting Albania to Greece), Hoti – Vermoshi (connecting Albania to Montenegro). Currently the border crossing points Saranda – Qafë Botë (connecting Albania to Greece) and Bajram Curri – Qafë Morinë (connecting Albania to Kosovo) are already finalised. The construction of Arbri Road will be a major link to northern FYROM as well. The project is financed partially under the state budget. However, the Albanian government aims to grant a concession for the construction of the rest of the road. The main activities foreseen for the project are the construction of a tunnel, 2.5 km long, 9,34 m high, with double tubes with two carriage ways each and the construction of the 25.7 km of the Arbri road.
Power Sector law The draft Power sector law was endorsed by the Council of Ministers on 14 January 2015, and on 19.01.2015, the draft law was submitted to the Parliament for adoption. The adoption by Parliament is scheduled in March 2015. The draft law on power sector aims to partially approximate the Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, open and liberalise the power sector in Albania, unbundle the transmission activity from the generation/ supply activity of vertically integrated structures, by allowing the transfer of ownership of KESH S.A. and TSO S.A. to two different ministries. The draft law, as agreed with the Energy Community Secretariat, includes a schedule for the progressive opening and liberalisation of the electricity market. Gas Sector Law The Working Group set up under the Order of Minister of Energy and Industry No 231 of 26.06.2014 “On the organisation of work for the implementation of the Third Energy Package of the European Union and amending of Law No 9946 of 30.06.2008 ‘On the natural gas sector’ as amended” has finalised the draft Gas Law that aims to adopt the 3rd Energy Package, including the full approximation of the Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005. The Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply, is partially approximated in the new draft Gas Law, as well. In this case, several important changes that are being discussed at the EU and Energy Community level, concerning measures to safeguard the security of gas supply, are taken into consideration, as well. The draft Gas Law is scheduled to be adopted by the Albanian Parliament in the first quarter of 2015. Draft Law on Energy Efficiency and entry into force of Renewable Energy Sources The draft Law on Energy Efficiency was prepared in 2014 in collaboration with the Energy Community Secretariat, aiming to approximate Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC, and partially approximate Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC. The approximation of the Directive 2012/27/EU was an additional request from the Energy Community Secretariat. Upon the Order of Minister of Energy and Industry No 106/2014 a working group was set up to prepare the amendments to Law No 138/2013 of 2.05.2013 “On on Renewable Energy Sources”. The draft Law on the Energy Performance in Buildings was prepared in October 2014, aiming to update the current level of Thermal Energy Conservation in Buildings and providing the legal basis for the establishment of implementing regulations and measures required for storing thermal energy in buildings. Radiation protection In the field of radiation protection during the reporting period, there were adopted the following legal acts:
Environment: Horizontal Legislation Environmental Cross-Cutting Strategy 2015 – 2020 (ECCS 2015 – 2020) is the basic document which underlies the governmental policies in the field of environment, with the main aim, to completely fulfil the constitutional obligation towards the citizens’ right of having a healthy environment, while the country is developed in a sustainable manner. ECCS 2015 – 2020 is an integral part of National Strategy for Development and Integration, and based on national policies and priorities. Many of the policies and measures in ECCS 2015 – 2020 are supported by programmes and actions defined in other cross sectoral strategies of tourism, agriculture, energy, etc. The final draft is now in the phase of public consultation, which will be held on March 31st, 2015. After this process, the final draft will be distributed to the line ministries, before going to the Council of Ministers for final approval. The expected approval time for ECCS 2015 – 2020 is May 2015. As regards the implementation of the Law No 10440 of 7.07.2011 “On environmental impact assessment”, which entered into force in February 2013, are encountered many difficulties as follows:
Aiming the clarification and facilitation of its implementation, the amendments to Law No 10440 of 7.07.2011 “On environmental impact assessment”, are prepared, which aim to partially approximate the Council Directive 2011/92/EU. Aiming to overcome the procedural problems regarding EIA procedures, arising from the existing Law, in consent with NLC is decided that the requests for EIA of different private and public projects, will not be submitted to the NLC, but directly to the MoE, which will transmit the applications to NEA to proceed with their review. The draft Law has been adopted by the Parliament, more concretely Law No 12/2015 of 26 February 2015, and it will enter into force on 1 September 2015. After the amendment to Law No 10440 of 07.07.2011 “On environmental impact assessment”, until December 2015, the drafting and the approval of the three following Decisions of Council of Ministers is foreseen:
Aiming to improve the public access in information, as well as to improve public participation in decision making, the following legal acts are adopted:
The above mentioned laws add an obligation for public authorities to guarantee civil right to have access to information either produced or held by public authorities, as well as to involve the public in the process of drafting laws, strategic national or local documents, or other policies with high public interest. Also, the draft Decision of Council of Ministers “On rules and procedures for consultation with stakeholders and public, as well as public hearing during the process of strategic environmental assessment” after it was sent to line ministries for opinion, and also consulted with public, on 16 December 2014 was sent to Council of Ministers for approval. According to transboundary consultations for plans/programmes and projects subject to SEA and EIA, the following legal acts are being prepared:
Air Quality In the field of air quality, the following legal acts are approved:
The draft Decision of Council of Ministers “On the assessment of ambient air quality and requirements for certain pollutants related with it”, is under process of approval and it is scheduled to be approved by the Council of Ministers within March 2015. The draft act is submitted for comments to line ministries. Waste Management The following legal acts are adopted in the waste management field:
The following draft legal acts are being prepared:
Water Quality The following legal acts are adopted in the water quality field:
The following legal acts are being prepared:
Waste water Regarding the recommendation of the 2014 Subcommittee on Transport, Environment, Energy and Regional Development about the progress in aligning with the Urban Waste Water Treatment Directive, the following Decisions of Council of Ministers are being approved:
Draft Decision of Council of Ministers “On urban waste water treatment” was approved by the National Water Council on February 2015. The draft DCM is scheduled to be approved by the Council of Ministers by June 2015. Nature Protection The following legal acts are adopted in the nature protection field:
Law No 5 of 12/02/2015 “On an amendment to the Law No 9867 of 31.1.2008 “On determination of the rules and procedures for international trade of endangered species of wild flora and fauna”;
The draft law “On some amendments and addenda to Law No 10253 of 11.3.2010 “On hunting”, is under drafting process. The draft law is foreseen to be approved within April 2015. After the approval of the Law 7/2014 “On the moratorium on hunting in the Republic of Albania”, which prohibits hunting for a two years period, from March 16, 2014, is prepared the action plan for its implementation. The action plan was approved by the Minister of Environment on the 3 July 2014. Also, National Biodiversity Strategy and Action Plan for the period 2015 - 2020, was revised and updated in the framework of the project “Review of the National Biodiversity Strategy and Action Plan (NBSAP) for Albania” funded by the GEF project. The Strategy has been widely consulted with the stakeholders and was circulated to line ministries for comments. The document is already submitted for approval to the Council of Ministers. During this period, there are elaborated and approved six Management Plans of Protected Areas:
Also, the following management plans for protected areas are under drafting process:
Prevention of Industrial Pollution and Industrial Accidents The following legal acts are adopted in the Prevention of Industrial Pollution and Industrial Accidents field:
Besides the above-mentioned acts, during this period the following legal acts are being prepared:
Chemicals In order to approximate the Albanian legislation in line with the EU acquis in the field of chemicals, with the assistance of TAIEX, during this period are being drafted the following legal acts:
Forestry Draft law “On forests and pastures” is being prepared and is already submitted to line ministries for comments. The law aims to partially approximate Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material, Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended, Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 related with the monitoring of forests and environmental interactions in the Community (Forest Focus), taking into consideration the Council Resolution of 15 December 1998 on a Forestry Strategy for the European Union, and Official Report on the implementation of the EU Forestry Strategy (2005). Its approval is foreseen within July 2015. Climate Change The Decision of Council of Ministers No 865 of 10.12.2014 “On the prevention and reduction of fluorinated greenhouse gas emissions” was adopted, partially approximating the Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006.
Detailed information on the implementation of the EU assistance in the water sector is presented in the Report to the EU – Albania Subcommittee on Transport, Energy, Environment and Regional Development. Title of the programme: IPA 2007, IPA 2009, IPA 2010, IPA 2011, IPA 2012 Title of the projects:
Project’s cost and financing resources: (Overall water projects in Albania under Procurement of EU Delegation/Gov. of Albania)
Timeline of project: EU Contribution: Started 2009 – End 2020 National Contribution: Started 2012- End 2023 Objective, project purpose and components of the project: The purpose of the projects in Waste Water is the improvement of the quality of the Sea Water avoiding the pollution caused by sewerage deposited in septic tanks without bottom (leaking in the sea) or directly discharging in the sea by private pumps. The projects on Sewerage are composed by the Treatment Plants, Main Collectors, Pumping Stations, Secondary Collectors and the House Connections. State of implementation: “Handed Over to Local Water Utilities” and “Under construction”. Results achieved and Impact: The improvement of the quality of the sea water is the result of these projects. The beach area is highly frequented by the tourists in summer season and the economic growth of the small businesses operating in that area is an indicator. Measures taken/to be taken to ensure sustainability (institutional, financial, environmental sustainability): Local Water Utilities are now operating the systems by themselves since one year from now. Their staff now is trained to operate and maintain the systems. The companies are working to increase the billing of this service in order to increase their financial capacity to be able to support operation and maintain ace costs. The Local Authorities (Municipalities and Communes) are also taking measures to close all the septic tanks and connect the businesses and houses to the sewerage systems. Analysis of the sea water will be done periodically from the Ministry of the Environment to oversee the parameters of the water of the sea in this area and publish the results. 1During the period of March 2013-February 2014, the Parliamentary Committees proposed 356 amendments. 2 Law no. 115/2014 “On the Administrative-Territorial division of the local government units in the Republic of Albania”; Law no. 102/2014 “Customs Code of the Republic of Albania”; Law no. 101/2014 “On some addenda and amendments to law no. 8811, date on 17.5.2001, “On the organisation and functioning of the High Council of Justice”, as amended”; Law no. 100/2014 “On some amendments and addenda to law no. 49/2012 “On the organisation and functioning of the Administrative Courts and judgement of administrative disputes”; Law no. 99/2014 “On some addenda and amendments to law no. 7905, date on 21.3.1995,“Criminal Procedure Code of the Republic of Albania”, as amended”; Law no. 98/2014 “On some additions to law no. 7895, dated on 27.1.1995 “Criminal Code of the Republic of Albania” as amended”; Law no. 180/2014 “On an amendament to law no. 115/2014 “On the Administrative-Territorial division of the local government units in the Republic of Albania”; Law no. 179/2014 “On an amendament to law no. 8269, date on 23.12.1997 “On the Bank of Albania” as amended”; Law no. 178/2014 “On some amendments and addenda to law no. 152/2013 “On the civil servant”; Law no. 177/2014 “On some addenda and amendments to law no. 8588, dated on 15.03.2000 “On the organisation and functioning of the Supreme Court” as amended””; Law no. 176/2014 “On some amendments to law no. 7895, dated on 27.1.1995 “Criminal Code of the Republic of Albania” as amended”; Law no. 175/2014 “On some amendments and addenda to law no. 8378, dated on 22.7.1998 “The Road Code of the Republic of Albania” as amended”; Law no. 155/2014 “On some additions and amendments to law no. 8454, dated on 4.2.1999, “On the Ombudsman” as amended” and Law no. 154/2014 “On the organisation and functioning of the Supreme State Audit”. 3 http://www.parlament.al/web/pub/manuali_i_azhornuar_21298_1.pdf 4 http://www.parlament.al/web/pub/rezoluta_per_shoqerine_civile_draft_final_20536_1.pdf 5 Disciplinary measures have been proposed twice against two judges. 6↑ - Higher salary level than in INSTAT 70 - Same salary level with INSTAT 8The publication of this brochure is made by the CPD with the support of ODIHR. The publication has been produced with the financial support of the EU, under the project “Best Practices for Roma Integration”, implemented by ODIHR. This brochure is available in English in the CPD webpage in the link below: http://kmd.al/skedaret/1392134886-brosh%20OSCE%20ang.pdf 9This publication was launched in the Seminar “Equal Opportunities in the Economic Sector”, organized by the CPD in collaboration with the National Union of Chambers of Commerce and Industry and Young Women's Christian Association (YWCA) supported by UN Women. The first publication of 2012 was updated and reprint in 2014. 10It is available in the link below: http://kmd.al/skedaret/1392136411-FLETE%20PALOSJE%20PERPARA%20.pdf 11Activities supported form the project "Support for Social Inclusion of Roma and Egyptian Communities (SSIREC)”. 12 Under the project "Together for the protection and promotion of the rights of persons discriminated", on the Albanian Helsinki Committee (AHC) in partnership with the CPD, supported financially by the Swiss Cooperation Office in Albania and Civil Rights Defenders. 13 Additional information to the EC services as requested under the Operational Conclusions of 2014 EU – Albania Subcommittee on Trade, Industry, Customs and Taxation. 14 After the adjustment of the 2014 data, based on 10 topics and reflecting data corrections. For further information, please see http://www.doingbusiness.org/data/exploreeconomies/albania/. 15 Additional information to the EC services as requested under the Operational Conclusions of 2014 EU – Albania Subcommittee on Trade, Industry, Customs and Taxation. 16 Additional information to the EC services as requested under the Operational Conclusions of 2014 EU – Albania Subcommittee on Trade, Industry, Customs and Taxation. 17 Additional information to the EC services as requested under the Operational Conclusions of 2014 EU – Albania Subcommittee on Trade, Industry, Customs and Taxation, and under the Operational Conclusions of 2014 EU – Albania Subcommittee on Economic and Financial Issues and Statistics. 18 From 01 January 2015, The Personal Income Tax is 15% 19 From 1 January 2015, The Personal Income Tax is 15% 20 By translating and adapting rules of the Council, Council Regulation no. 246/2009 of 26 February 2009 on the implementation of Article 81 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between undertakings of maritime market (OJ L 79, 25.3.2009, p. 1-4) / (32009R0906) Commission Regulation no. 906/2009 of 28 September 2009 on the application of Article 6 of the law for certain categories of agreements, decisions and concerted practices between undertakings of maritime market. 21 Translating and adopting the guideline on the implementing priorities of the commission on the implementation of article 82 of the EU Treaty for the abusive behaviors of the dominant undertakings (2009/C 45/02) (OJ C 45, 24.2.2009, p. 7–20) (52009XC0224(01)22 Approved by Decision No. 48, dated 31.07.2013 of the Supervisory Council. 23http://www.inovacioni.gov.al/al/newsroom/lajme/konsultim-publik-projekt-ligji-per-sherbimet-postare-ne-republiken-e-shqiperise&page=5 24 Doctor of medicine, dental practitioner, pharmacist, nurse, physiotherapist, logopedist, imagery technician, lab technician and teacher 25 The established of PKI infrastructure provides reliability and is based on the following principles:
26 Doctor of medicine, dental practitioner, pharmacist, nurse, physiotherapist, logopedist, imagery technician, lab technician and teacher 27 The established of PKI infrastructure provides reliability and is based on the following principles:
28The feedback has been provided by banks at the end of January 2015. 29 http://www.parlament.al/web/pub/vendim_nr_29_dt_22_5_2014_17373_1.pdf 30 http://www.parlament.al/web/pub/vendim_nr_74_dt_9_10_2014_19223_1.pdf 31 http://www.parlament.al/web/pub/vendim_nr_75_dt_9_10_2014_19224_1.pdf |