DECISION
No. 26 dated 31.01.1994
ON
HAZARDOUS WASTE AND GARBAGE
Upon proposal from the Ministry of Health and Environmental Protection,
The Council of Ministers
HAS DECIDED AS FOLLOWS:
1 – To prohibit the importation into the Republic of Albania of hazardous waste, in
crude or processed condition, and garbage for collection purposes.
2 – For purposes of this decision:
a) “Hazardous waste” means toxic, corrosive, irritating, explosive, inflammable,
cancerous, and radioactive substances with the potential to change into or create
another substance that may have the power to accelerate burning and corrupt the
natural quality of water, land and air, to harm human beings and all other beings in
their natural environment.
b) “Garbage” means garbage from economic and social activity as well as physically
consumed produce that does not constitute hazardous waste.
c) “Producers” means the physical and legal entities whose activity produces or
discharges hazardous waste and garbage.
d) “Urban garbage” means the non hazardous waste resulting from home and social
activity.
e) “Discharge” means the discharge or disposal of garbage or hazardous waste in the
environment.
f) “Modern production technologies” means equipment, machines, efficient methods
and practices and technologies used for purposes of harm prevention and reduction to
the environment.
3 – The importation of residue to be processed by modern production technologies
may be allowed for purposes of generating useful materials and substances, provided
that their transportation, deposition and processing in the territory of Albania does not
negatively impact human health and surrounding environment.
Annex 1 attached to this Decision contains waste that is lawful for importation in
Albania. Amendments to Annex 1 are subject to proposals from the Committee for
Environment Protection and Conservation and endorsement by the Council of
Ministers of the Republic of Albania.
4 – The physical and legal entities with production activities in the Republic of
Albania are under the obligation to submit accounts of primary materials utilized in
production and accounts of discharges in the environment.
5 – The physical or legal entity is obligated to collect in a special depositing place
within the confines of his undertaking, the garbage and hazardous waste resulting
from his production activity in such a manner as to exclude all incidence of danger.
The stock of waste kept within the confines of the undertaking cannot be greater than
one year’s waste turnout.
6 – Discharges from production activities will not be mixed with urban garbage.
The Council of Ministers will define such time by which the existing economic
activities will be required to discontinue discharging hazardous waste into sewage.
7 – The production physical or legal entity is obligated to eliminate hazardous waste
resulting from its activity in a manner consistent with standard requirements for
protection of the environment.
The physical or legal entity may transfer its hazardous waste to another physical or
legal entity properly licensed for hazardous waste management. In such circumstance,
prior to effectuating the transfer, the production legal or physical entity is obligated to
notify in writing the Committee for Protection and Conservation of the Environment.
The notification should contain information about the receiving party, quantities,
composition, destination, manner of transportation of waste and relevant safety
measures.
8 – Hazardous wastes described in Annex 2 attached to this decision are prohibited to
enter the territory of the Republic of Albania. Amendments to Annex 2 are subject to
proposals from the Committee for the Protection and Conservation of the
Environment and endorsement by the Council of Ministers.
9 – In circumstances of a direct threat that may result in pollution of the environment
with hazardous waste, the Committee for the Protection and Conservation of the
Environment has the power to terminate the polluting activity.
When the environment suffers pollution from explosion discharges or any other
phenomenon with consequences of equal harm, the production physical or legal entity
discontinues operations and takes immediate steps to eliminate harm. The polluter
gives immediate notice to the Committee for Protection and Conservation of the
Environment of the accident, the measures taken to eliminate consequences and the
efficacy of the cleaning operations. The need to take additional measures to eliminate
damage to the environment is deliberated on a case by case basis.
Costs related to the elimination of consequences of pollution are covered by the
physical or legal entity having caused the pollution.
10 – Waste importation by physical and legal entities is lawful only when properly
licensed.
Waste importation licenses are issued by the Committee for the Protection and
Conservation of the Environment. The validity of such licenses is for one year
periods. Upon expiration of the one year validity, requests for new licenses may be
submitted.
The importation license mandatorily contains the importer’s declaration, made on his
own personal liability, specifying the name of the waste, quantities to be imported,
composition, destination, type of activity utilizing the waste and standards for
protection of the environment from such utilization.
11 – The physical or legal entity importing waste is obligated to guarantee, as
stipulations in relevant contracts must provide, the packaging, loading, transportation
and unloading of waste categories allowed to enter the Republic of Albania.
At the same time, the importing legal or physical entity is obligated to obtain from
country of origin authorities, a statement on the type and composition of the waste,
certificates to the effect that such waste does not carry poisonous threats for the
environment, as well as the importation permit of customs authorities of the source
country.
12 – The physical or legal entity importing waste is obligated to have a transportation
contract supported by every legal paperwork needed for international transportation,
as well as every documentation described in point 11 above. Transportation
paperwork should be readily available for checking throughout the duration of
transportation to the point of destination.
Customs authorities of the Republic of Albania will allow entrance to shipments of
waste only following submission by the importing physical or legal entity of
importation license issued by the Committee for Protection and Conservation of the
Environment and every other paperwork envisaged in point 11 above.
Failure to submit any of the required piece of paperwork and to comply with
transportation regulations will result in denial by customs authorities of entrance in
the territory of the Republic of Albania.
13 – The authority to accept the wastes described in Annex 1 is vested with authorities
of the land crossing points of “Qafa e Thanes”, “Hani i Hotit”, “Kakavijë” and the
coast crossing point of “Porti Durrës”.
Customs control is the responsibility of the customs staff specializing in such
merchandise.
14 – Hazardous waste may not be exported from the Republic of Albania if the
exporting physical or legal entity does not obtain the necessary documentation issued
by the authority of the importing country in accordance with the laws and regulations
of such country.
License to export hazardous waste is issued by the Committee for the Protection and
Conservation of the Environment following submission by the requesting physical or
legal entity of the relevant documentation released by the authority of the importing
country.
Returning to the source country exported hazardous waste obligates the exporting
physical or legal entity to eliminate such waste at its own expense. The exporting
physical or legal entity is obligated to cover costs incurred as a result of faulty
transportation.
15 – In the event of violations of effective legal provisions discovered during
inspection of production, import, export and transport activities, expenses incurred by
such inspection and measures taken to normalize the situation are borne by the
polluting physical or legal entity.
16 – To carry out the duties charged by this Decision, the Inspectors for Protection
and Conservation of the Environment interact with customs authorities in accordance
with instructions released by the Minister of Health and Environmental Protection and
the Minister of Finances.
This decision takes effect immediately.
CHAIRMAN OF THE COUNCIL OF MINISTERS
Aleksandër Meksi
ANNEX 1
LIST OF WASTES PERMISSABLE FOR IMPORTATION IN THE
REPUBLIC OF ALBANIA
1 – Steel waste,
2 – Foundry waste,
3 – Copper waste,
4 – Bronze waste,
5 – Brass waste,
6 – Glass waste,
7 – Paper and carton waste,
8 – Cotton and wool filament waste,
9 –Waste of the cotton and wool works.
TE BASHKENGJITET ANEKSI NR.2 !