The Albanian Government has decided to increase administrative measures by 30% against entities that pollute the air.

In a draft law released for consultation by the Ministry of Tourism and Environment on “Protecting Air Quality in the Environment”, several points have been amended, with the first being the tightening of administrative measures.

The accompanying report states that “the aim of the law is to increase administrative penalties in the existing environmental legislation by 30% of the fine value, based on the results of national consultation, which showed that citizens assessed that to prevent actions by individuals or entities that cause environmental pollution and public space contamination, punitive measures need to be intensified”.

Likewise, the draft foresees that the imposed fines will be recognized as executive titles, making their collection simpler.

“Introducing the concept of fining as an executive title in environmental legislation will bring efficiency in executing the sanctions imposed by administrative bodies. Currently, the process of executing fines is complicated due to administrative and judicial appeal of the fine, prolonging the process and losing the purpose of imposing the penalty for environmental pollution,” the report states.

Violations according to the draft

The draft stipulates that any violation of the requirements of this law and its sub-legislation, arising from its implementation, when not constituting a criminal offense, is considered an administrative offense and punishable by a fine, suspension, or closure of activity, respectively:

1. a) Non-fulfillment and non-compliance with the requirements, principles, and conditions of air emissions from the operator of an installation, referred to environmental permits of type A or B:
2. i) For type A environmental permits, it is penalized with a fine ranging from 1,300,000 (one million three hundred thousand) to 2,600,000 (two million six hundred thousand) lek;
3. ii) For type B environmental permits, it is penalized with a fine ranging from 390,000 (three hundred ninety thousand) to 650,000 (six hundred fifty thousand) lek;
4. b) Air pollution caused by mobile sources, in violation of the requirements of article 13 of this law, is punished with a fine ranging from 1,300,000 (one million three hundred thousand) to 2,600,000 (two million six hundred thousand) lek;
5. c) The production, import, trade of fuels by subjects and the use of fuels by the operator, in violation of the requirements of paragraphs “a” and “b” of article 14 of this law, are punished with a fine ranging from 1,300,000 (one million three hundred thousand) to 2,600,000 (two million six hundred thousand) lek, depending on the quantity and risk posed by the unauthorized fuels, as well as with the confiscation of the unauthorized fuel;
6. d) Failure by operators to comply with requirements for the reduction of emissions and releases of volatile organic compounds (VOCs) in violation of the determinations under paragraphs “a”, “c”, and “ç” of article 15 of this law are punished with a fine ranging from 1,300,000 (one million three hundred thousand) to 2,600,000 (two million six hundred thousand) lek, depending on the quantity and risk posed by those fuels, as well as with the suspension of activity, until the replacement of the fuel is made.