Strategic Moves - Regional Environmental Center for Central and ...

Update on progress
in national environmental legislation
One of the preconditions for developing environmental infrastructure is to have
in place legislation of the appropriate quality. Over the past few years, SEE countries
have made progress in drafting and adopting new laws that follow the requirements
of the EU directives. The basic elements of the legislative structure are
in place, and work on drafting secondary legislation is ongoing in all countries. In
general, despite the progress achieved, considerable efforts are needed in the forthcoming
period in order to meet the requirements of the EU environmental acquis.
The first challenge is related to the further drafting and adoption of national legislation
and strategies transposing the EU acquis. Once the legislative framework
is in place, enforcement and compliance remain the biggest challenges.
Below is an overview of the most significant developments with respect to the
legislative and strategic framework in SEE countries since 2006. The information
builds on data collected during the course of PEIP implementation and has been
cross-checked with the EC progress reports from 2009 for the candidate and potential
candidate countries. 9 A list of strategic documents providing guidance for
infrastructure investment in the water and waste sectors in SEE countries can be
found in Annex 3.
Overview of environmental legislative
and strategic developments in SEE
In Albania, preparations in the field of environment are advancing slowly and
remain at an early stage for a number of sectors. The new draft law on environmental
protection, incorporating a number of important directives such as the
IPPC, LCP and Water Framework Directives, has not yet been adopted (EC SEC
[2009] 1337). The Crosscutting Strategy for the Environment was adopted in 2007
and sets out the government’s policies in the field of environmental protection.
The strategy is the first environmental strategy document adopted at national level.
It foresees the steps necessary to achieve the approximation of the legal framework
in the light of European integration, as well as measures for transferring the administration
of natural resources to the community. The project “Implementation
of the national plan for the approximation of environmental legislation” (August
2008 to November 2010), funded by EU CARDS 2006, is expected to improve
legislation in the water and waste sectors. In general, it can be concluded that there
have been some positive legislative developments but that implementation and enforcement
remain weak (EC SEC[2009] 1337).
The water sector has seen the most notable developments in recent years.
Progress has been underpinned by the adoption of the Reform of the Water Utilities
in July 2008. Developments related to the water reform are aligned with EU
water policy and are aimed at decentralisation, privatisation and full cost recovery
operations. The reform has led to the improvement of existing strategies and
will lead to the development of new policies. On the legislative side, the law on
S T R AT E G I C M O V E S 101