The Council of Ministers has approved official criteria for assessing immediate threats of environmental damage and determining environmental harm.
The Ministry of Environment proposed the new regulation under Albania’s environmental protection law. The measure aims to support rapid preventive and rehabilitation measures across the country.
The decision establishes a clear framework for protecting three main environmental areas: protected habitats and species, water resources, including marine waters, and land.
Under the new rules, authorities will consider any measurable negative change to a natural resource or the services it provides as environmental damage.
The decision defines three main types of damage:
- Habitats and protected species: Any negative impact on their conservation status compared with their previous condition.
- Water: Any significant deterioration in the ecological, chemical or quantitative status of surface, groundwater or marine waters.
- Land: Direct or indirect pollution by substances or microorganisms that creates a proven risk to human health.
However, the rules exclude certain situations. These include armed conflicts, national defense activities, natural disasters and incidents covered by international nuclear or maritime conventions.
The National Environment Agency (AKM) will oversee implementation. It will assess each case individually using technical data, field inspections, laboratory analyses and self-monitoring reports.
In addition, AKM will assess the causal link between an economic operator’s activity and the damage. It will consider geographical proximity, the timing of emissions and possible pollution pathways.
Under the new procedure, AKM must notify the parties within 10 working days. The agency will inform them whether it accepts or rejects a request for action.
After identifying environmental damage, AKM must invite the relevant parties to submit their observations before approving rehabilitation measures. The agency must issue this invitation within seven working days. It will then consider the observations during the decision-making process.
Meanwhile, AKM measures do not remove or limit an operator’s responsibility for environmental damage.
Every decision on preventive or rehabilitation measures must provide clear reasons. It must also identify the factual and legal basis for the decision. Furthermore, AKM must inform operators about their right to appeal, available legal remedies and applicable deadlines.
The new rules also confirm that government measures do not remove or limit the legal and financial responsibility of private or public operators for environmental damage.
Finally, authorities will apply the decision alongside existing environmental protection laws and regulations. These rules cover environmental responsibility, preventive and rehabilitation measures, damage-cost assessments and funding for environmental compensation.
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