Albania Coastal Zone Development and Clean-up Program by afi42927

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									        REPUBLIC OF ALBANIA

  Ministry of Public Works, Transport and
            Telecommunications



 Albania Integrated Coastal Zone
          Management
               and
        Clean-up Project


Environment and Social Safeguards
            Framework
      (Updated for Project Restructuring)




               February 23, 2010
Integrated Coastal Zone Management and Clean-up Project
Environment and Social Safeguards Framework

       Albania Integrated Coastal Zone Management and Cleanup Project
                         Environment and Social Safeguards Framework
                                                        Table of Contents
1.     Introduction ....................................................................................................................... 2
2.     Project Description ............................................................................................................ 3
3.     Environment Safeguards ................................................................................................... 4
   3.1.       Description of the Legal, Institutional and Administrative Framework .................. 5
     3.1.1.      Albanian Legal Provisions ................................................................................. 5
     3.1.2.      Administrative Framework ................................................................................ 7
     3.1.3.      Comparison with World Bank Policies .............................................................. 8
     3.1.4.      Guidelines and Procedures ............................................................................... 10
   3.2.       Operational Procedures for Environmental Assessments ...................................... 12
     3.2.1.      Public Consultation and Information Disclosure ............................................. 12
     3.2.2.      Environmental Management Plan .................................................................... 15
     3.2.3.      Implementation and Monitoring of an EMP .................................................... 15
   3.3.       Environmental Monitoring and Mitigation Measures of the different projects
   activities 16
     3.3.1.      Solid Waste Component ................................................................................... 17
     3.3.2.      Porto Romano Component ............................................................................... 32
     3.3.3.      Saranda Port Component .................................................................................. 36
     3.3.4.      Coastal Village Conservation and Development Component .......................... 38
4.     Social Safeguards: Resettlement Policy Framework for Preparation of Resettlement
              Action Plans ........................................................................................................... 54
   4.1.       Principles and objectives governing Social Safeguards in the ESSF .................... 54
   4.2.       Albanian Legal Framework and World Bank OP 4.12 .......................................... 56
   4.3.       Categories of Affected Persons, Eligibility Criteria, and Compensation .............. 57
   4.4.       Preparation of Resettlement Action Plans ............................................................. 57
   4.5.       Consultations with Affected People....................................................................... 58
   4.6.       Description of the Implementation Process and Responsible Institutions ............. 58
   4.7.       Grievance Redress Mechanisms ............................................................................ 58
   4.8.       Arrangements for Monitoring and Evaluation ....................................................... 59
5.     Process Framework for Butrint National Park ................................................................ 59
   5.1.       Participatory Planning Approach ........................................................................... 59
   5.2.       Contact Person for Process Framework ................................................................. 60
   5.3.       Community Mitigation and Resource Management .............................................. 60
   5.4.       Local Management Forum ..................................................................................... 60
   5.5.       Monitoring and Evaluation Arrangements............................................................. 60
   5.6.       Plan of Action ........................................................................................................ 60
6.     Cultural Assets ................................................................................................................ 60
   6.1.       Description of the Legal, Institutional and Administrative Framework ................ 60
     6.1.1.      Albanian Legal Provisions ............................................................................... 60
     6.1.2.      Administrative Framework .............................................................................. 61
   6.2.       Guidelines & Procedures ....................................................................................... 62
7.     Public Disclosure of the ESSF ........................................................................................ 65
   7.1.       Public Discussion of ESSF .................................................................................... 65
   7.2.       Public Access to ESSF ........................................................................................... 65
Annex 1: Types of projects relevant to the ICZMCP that appear in the
              Law on EIA Appendices and other Documents ..................................................... 67


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Annex 2: Model Forms for an Environmental Management Plan ......................................... 98
Annex 3: Environmental Assessments and Checklists ........................................................ 100
Annex 4: Minutes of ESSF and EIA/SEA Consultation Meetings and List of Public
         Consultations (during preparation and implementation) ..................................... 105
Annex 5: Land Acquisition - Legal Provisions ................................................................... 116
Annex 6 Photographs of proposed property & surrounding area, Shkozet, Durres ........... 117




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Lists of abbreviations

CVCDP                         Coastal Village Conservation and Development Program‟
EA                            Environmental Assessment
EIA                           Environmental Impact Assessment
EMP                           Environmental Management Plan (consisting of both
                              Monitoring and Mitigation Plan)
EMMP                          Environmental Monitoring and Mitigation Plan
IPRS                          Immovable Property Registration System
ESSF                          Environment and Social Safeguards Framework
FI                            Financial Intermediary
ICZMCP                        Integrated Coastal Zone Management and Clean-up Project
LGU                           Local Government Unit
MoCYS                         Ministry of Culture, Youth and Sports
MoH                           Ministry of Health
MoEFWA                        Ministry of Environment, Forests and Water Administration
MoPWTT                        Ministry of Public Works, Transport and Telecommunications
NGO                           Non-Governmental Organization
O&M                           Operation and Maintenance
PAH                           Polycyclic Aromatic Hydrocarbon
PAP                           Project-Affected Persons
PCU                           Project Coordination Unit
RAP                           Resettlement Action Plan
REA                           Regional Environmental Agency
REI                           Regional Environmental Inspectorate
RPF                           Resettlement Policy Framework
SEA                           Strategic Environmental Assessment
TBT                           Tributyltin
WHO                           World Health Organization




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        1. Introduction
This document presents the Environment and Social Safeguards Framework (ESSF) for the
restructured Integrated Coastal Zone Management and Clean-up Project (ICZMCP). The
main purpose of the ESSF is to be a tool for ensuring that the infrastructure sub-projects
implemented through the ICZMCP comply with the existing laws, regulations and customs in
Albania as well as with the Bank‟s Operation Policies on Environmental Assessment,
Involuntary Resettlement and Cultural Heritage, and will not have a lasting adverse impact on
the country‟s population, the natural environment or assets of particular cultural value.

A summary of the possible environmental and social issues and mitigation measures is
presented in the chapters that follow. The budget for implementing the ESSF has been
included in the project cost, and includes funds for conducting site-specific EIAs, capacity
building for Ministry of Public Works, Transport and Telecommunications (MoPWTT)
(including the Project Coordination Unit (PCU) and any implementation teams established for
the various components1) and local government staff and the cost of monitoring. Cost
estimates for implementation of safeguards measures for infrastructure investments supported
by       the      Project      are      included      in      the       individual    EIAs.




1
    As appropriate any further mention of the Project Coordination Unit shall be deemed to include any
    Implementation Team that might be or have been established for local support and monitoring of its
    respective Project component.


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Although the coastal regions of Albania have been commonly recognized as the country‟s
most valuable development asset since the 1990s, certain challenges remain to sustainable
development. The infrastructure and development issues to be addressed by the ICZMCP
include lack of road and port infrastructure, water supply issues, lack of appropriate solid
waste and wastewater management and pollution issues.

The present road and port infrastructure in the coastal area is incompatible with the planned
sustainable development. Many roads are in poor condition. The inadequate (old and poorly-
maintained) water distribution networks cannot meet the service demands from the influx of
tourist and could result in water shortage problems in the future. Only 50-70 % of the waste
collected in the cities is disposed of at designated landfills, which are usually simple
dumpsites. The remainder, along with most town and village waste, is usually tipped
indiscriminately at the nearest available site, including along roadsides, riverbanks and on
open land in built-up areas, irrespective of its type.

Large-scale construction work in some areas, especially in Saranda, and the illegal dumping
of construction waste, has created additional pressure on the environment. The widespread
lack of basic infrastructure in the region causes the relatively small population and the low
economic activity to have a relatively high impact on the environment. Only Vlora and
Saranda have any kind of sewerage network, and whilst the coverage of both networks are
being improved, neither has 100% coverage and the wastewater treatment in Saranda is not
yet adequate. Industrial pollution has decreased rapidly since collapse of the former socialist
economy, and closing of the majority of polluting industries. However, threats are still
present, both from the abandoned former industrial sites and from newly planned plants.
Porto Romano2 is considered one of the most contaminated locations in the Balkans, and
suffers from soil and groundwater contamination caused by former chemical plant.

             2. Project Description
The restructured ICZMCP will focus on infrastructure investments which will support
sustainable coastal development in the project area. The project will do this through four
physical investments that have already been identified for implementation during the earlier
stage of the ICZMCP:

            (i)     Southern Coastal Solid Waste Management – comprising construction of a
                    landfill to serve the Municipality of Saranda and surrounding villages and a
                    transfer station near Himare

Saranda Port – comprising of reconstruction of the facilities in the Port of Saranda to allow
access of cruise liners in order to facilitate passenger access to the Southern Coast.Sewer and
Water Supply in Saranda Tourist Area: Support to investments for Saranda to improve the
Water Supply System and rehabilitate Sewerage Network.
       (ii) Porto Romano Hot Spot Clean-up – comprising of remediation of contaminated
             sites through removal and containment of hazardous materials in Porto Romano
             hot spot area to reduce human and environmental risks.

            (iii) Coastal Village Conservation and Development Program which targets the
                  coastal communities/villages on the Ionian Sea Coast for community-based small
2
    According to UNEP study from 2000, a groundwater sample from a well in Porto Romano demonstrated 4.4 mg/liter of chlorobenzene,
      over 4000 times the acceptable level for drinking water in some EU nations. High levels of chlorobenzene can damage the liver and
      kidneys and affect the brain



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               scale infrastructure investments such as water supply, sewerage, wastewater
               treatment and road rehabilitation as well as cultural heritage protection and
               enhancement investments. Part of the program is focused on the revitalization of
               vernacular architectural heritage and sustainable tourism in traditional villages
               through the provision of support for restoration of roofs and façades and a Bed
               and Breakfast program.


The ICZMCP was prepared as an environmental category financial intermediary (FI) project,
with specific investments in sub-projects that will likely be of environmental category A, B
and C under the World Bank operational policies and safeguard requirements. In the
restructured project it is not foreseen to change the safeguards category.

The ICZMCP is also in the process to support the formulation of a protected areas
management plan for Butrint National Park for enhancing sustainability of natural resources
and biodiversity conservation.

In addition, the ICZMCP has supported the development of the Regional Southern Coastal
Development Plan and Coastal Regulations which were approved by the Government of
Albania in July 2008. Together with the Southern Coastal Development Plan, a Strategic
Environmental Assessment was executed which was disclosed in country on December 3,
2007 and in the Infoshop on August 14, 2009. As the restructured project will no longer
support land use planning activities, no further SEAs are foreseen.

There have been several regulations and by acts approved to strengthen public participation in
line with the Aarhus convention, which in no way contradicts the still in force legislation on
environmental impact assessment, instead it details the procedures to be followed by investors
and governmental agencies. The description is provided below.

         3. Environment Safeguards
Activities carried out under the ICZMCP will conform to current Albanian Environmental
Regulations and procedures of the World Bank‟s Safeguards Policies, including
Environmental Assessment (EA) policy outlined in Operational Policy (OP) 4.01, Cultural
Property (OPN 11.03) and Involuntary Resettlement (OP4.12).

The Albanian Law on Environmental Protection requires that any project or activity that will
affect, or is likely to affect the environment, has to receive an Environmental Declaration,
Environmental Permit, Consent or Authorization by the Ministry of Environment, Forests and
Water Administration (MoEFWA) before implementation may commence. A Decision by the
Council of Ministers has defined the projects included in this process. Without a positive
Environmental Declaration the Council for Adjustment of Territories for the locality will not
grant a construction permit and construction may not legally commence3 and without an
Environmental Permit an activity with an environmental impact may not commence and
continue.


3
    An environmental approval from the REA/MoEFWA is one of several documents that have to be submitted to the local
    KRT before a Construction Permit can be awarded (see Annex 4 for a list of the documents required). Another
    document required is an operating permit from the relevant authority, e.g. from a Water Basin Authority for a water
    supply or wastewater service.


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The Environmental Declaration is the official document issued by the Minister of
Environment, Forests and Water Administration, after the review of the request and relevant
documentation for the approval of the environmental elements of a project, plan or program
that requires construction works, installations or schemes. If project implementation is
performed in compliance with the Environmental Declaration, the competent authority issues the
relevant Environmental Permit, in compliance with the requirements of Law on Environmental
Protection. An Environmental Permit is the official document issued by the MoEFWA, after
the review and consultation of the request and its relevant documentation, with all the
concerned stakeholders. It approves the exercise of any activity having an impact on the
environment; including several types of construction (see Annex 1).

Each form of approval may include mandatory conditions and procedures to be implemented,
so that pollution and damage to the environment do not exceed the allowed norms. The
MoEFWA has authorized its local offices (Regional Environmental Agencies (REAs) to issue
Environmental Permits for activities with a lesser impact on the environment, entitled
Environmental Authorization (greater impact) and Environmental Consent (lesser impact).

The Law on Environmental Impact Assessment (EIA) defines the type and scale of the
projects or activities that require an EIA before implementation. The categories of EIA are:

        A Summary (outlined) EIA. This is for projects that may have less significant
        potential impacts that still require an expert assessment of their impacts. They
        include projects listed in Appendix 2 of the Law on EIA, and any changes or
        rehabilitations of projects listed in Appendix 1

       A Profound (advanced) EIA. This is for projects with significant potential impacts, as
       listed in Appendix I of the Law, those projects listed in Appendix 2 which the
       MoEFWA considers will have a significant impact on the environment (based on
       information provided by the proposer at the time of application, in the manner detailed
       in Appendix 3 of the Law), and activities that are to be implemented in a protected
       area or in the marine environment of the Republic of Albania

                 3.1. Description of the Legal, Institutional and Administrative
                      Framework

               3.1.1. Albanian Legal Provisions

Environmental legislation is governed by the Law on Environmental Protection No. 8934,
dated September 5, 2002. This Law establishes national and local policies on environmental
protection, requirements for the preparation of environmental impact assessments and
strategic environmental assessments, requirements for permitting activities that affect the
environment, prevention and reduction of environmental pollution, environmental norms and
standards, environmental monitoring and control, duties of the state bodies in relation to
environmental issues, role of the public and sanctions imposed for violation of the Law.

A Law on EIA, No.8990, was approved on January 23, 2003. It defines the rules, procedures
and deadlines for identifying and assessing the direct or indirect impacts of projects or
activities on the environment. The Law establishes the steps necessary to implement EIA
procedures: presentation of the application, preliminary review, selection and classification
criteria, public hearing and consultation, access to information, duties and rights of other


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bodies. The Law also provides the list of activities that should be subject to the Profound and
Summary EIA process. It is supported by several Decisions of the Council of Ministers and
Guidance issued by the MoEFWA. The MoEFWA is the legal competent authority for
requesting, reviewing and approving EIA documentation.

Following the approval of the Law on Environmental Impact Assessment (EIA) No.8990,
dated 23.1.2003, the Law No. 9424, date 6.10.2005 on The Ratification of the Strategic
Environmental Assessment Protocol was also approved. To respond to the requirements of the
Aarhus Convention on the Right of the Public to Access Information, Participate in Decision
making and Access to justice on issues related to the environment, as well the respective EU
Directives, the following by acts have also been enacted:
  i. Council of Ministers Decision No. 994, dated July 2, 2008 On Drawing Public
       Opinion in Environmental Decision making which defines the procedures for public
       information and participation in EIA process and drafting of legal acts and strategies.
 ii. Two Ministerial Regulations respectively Regulation No.1, date August 17, 20044 on
       Public Participation (PP) in the EIA process and Regulation No. 1, dated March 3,
       2009 on Duties of the Environmental Bodies to Ensure Public and NGO Participation
       in the EIA Process. The aim of the PP Regulation is to define the mandatory rules and
       procedures that guarantee public participation in the EIA process, while the aim of the
       Regulation on Environmental Bodies is to define the roles of the Regional
       Environmental Agencies (REAs), Directorate of EIA and Environmental Permits and
       the Commission of Permit Review at the Ministry of Environment, Forestry and Water
       Administration in ensuring the participation of the affected public in the EIA and
       permitting process.


According to the Albanian law on EIA, the Summary EIA shall contain the following
information (Article 8):

            a)     Objective of the project;
            b)     Detailed objective description;
            c)     Data on present environment of the area and in its vicinity where the project is
                   implemented;
            ç)     Detailed description of all installations that are part of the project or will be used
                   during its implementation;
            d)     Construction plan and the deadlines of its implementation;
            dh)    Description of engineered values that are constructed or enlarged and of
                   necessary works for project implementation;
            e)     Potential impacts on environment and proposed measures to prevent or bumper
                   these impacts;
            ë)     Monitoring program of project impact on environment;
            f)     Conformity of the project with territory adjustment plan and with economic
                   development plan of area where project will be implemented;
            g)     Summary of consultations with local government bodies, the public and
                   environmental not-for-profit organizations and of their opinions;
            gj)    Rehabilitative measures in case of pollution and damage of environment as well
                   as their cost;


4
    The Regulation No. 1, dated August 17, 2004 is abrogated, but will be as annex, as a lot of EIAs so far are
      carry out according to this regulation


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         h)    A copy of the license of the legal person or organization that has prepared the
               EIA report.

It is to be supported by information on the project characteristics, the project location
(environmental, human and cultural data) and the potential project impacts, which will be
used by the MoEFWA will determine the need for a Profound EIA. The information required
is defined in Appendix 3 of the EIA Law (see also Annex 1).

In addition to the information required in the Summary EIA the following information shall
be included in the Profound EIA (Article 9):

         a)    Procedures and reasons of selection of site where project will be implemented,
               description of at least two additional options of location of project;
         b)    Its direct and indirect level of impact on environment;
         c)    Potential impacts of [project] options on environment and health;
         ç)    Risks of accidents with significant impact on health and environment and
               measures to prevent these;
         d)    Trans-border impact on environment if any;
         h)    Technical measures plans to prevent and bumper negative impacts on
               environment;
         e)    Detailed descriptions about sustainable use of energy, of natural and mining
               resources;
         ë)    Potential negotiations plan with local government organs, the public and
               environmental non-for profit organizations during the phases of planning,
               review and implementation of the project.

The project proposer is responsible for submitting the application for environmental approval
to the MoEFWA. Any EIA report required shall be prepared by an expert certified by the
MoEFWA for preparing such reports and for environmental auditing. Currently the
MoEFWA has licensed approximately 100 such experts.

Requirements for the implementation of a trans-boundary EIA and other environmental
matters are also included, since Albania has ratified several international environmental
conventions including: the Espoo Convention on Transboundary Impacts; the Barcelona
Convention on the protection of marine environment and coastal areas of the Mediterranean,
the Aarhus Convention, and the Basel Convention.

                3.1.2. Administrative Framework

All applications for environmental approvals are submitted to the Regional Environmental
Agency (REA) of the region in which the project (or ICZMCP sub-project) will be
implemented or the activity will be executed. The REA has certain powers to approve the
implementation and operation of small projects with no significant environmental impacts. In
other cases it is responsible for reviewing documentation and forwarding to the MoEFWA for
processing, with recommendations for approval, rejection or enhancement, as appropriate5.

The Regional Environmental Inspectorate is responsible for inspecting observance of the
EMP and other conditions specified in the environmental approval.
5
    According to MoEFWA Guidance No. 3, dated 08/17/2004 “On Approval of the List of Business Activities,
    Application Forms and Rules and Procedures to Grant Environmental Consent and Authorization from the
    Regional Environmental Agencies (REA)”


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               3.1.3. Comparison with World Bank Policies

Under the World Bank‟s procedures for EA, projects are categorized as listed in Table 1.

                           Table 1. World Bank Screening Criteria
 Category                  Environmental Impact                                 Examples
    A         Project is likely to have significant impacts that   Remediation of Porto Romano.
              may be sensitive, irreversible and diverse, or       Construction of a new landfill.
              unprecedented.                                       Construction of a new wastewater
              The impacts may affect an area broader that the      treatment plant.
              sites of facilities subject to the physical works.   Port construction
     B        The impact on human population or                    Rehabilitation of water and sewerage
              environmentally important areas is less adverse      networks.
              than those of Category A projects.                   Rehabilitation of roads.
              The impacts are site specific and few, if any,       Rehabilitation of buildings.
              are irreversible.
     C        Minimal or no adverse environmental impact           Technical Assistance

The Albania EIA procedures are generally in line with the World Bank‟s EA process, as all
projects require environmental screening and possibly assessment in order to receive an
Environmental Declaration (for construction), and/or an Environmental Permit (for an activity
having an impact on the environment, including some construction activities). Furthermore
the type and scale of the impacts the project will have on the environment determine the
procedures that have to be followed and the type of approval granted. Also all the approvals
include conditions that shall be observed by the proposer including environmental monitoring
and mitigation requirements.

The difference lies in the scope of the EIA required for those projects that fall into World
Bank Category A and the Albanian Law on EIA Appendix II. Some projects (e.g.,
wastewater management) are considered as Category A under the World Bank screening,
while the same activities/projects under the Albanian Law will require only a Summary EIA
for populations less than 150,000, unless the REA decides that the project must undergo a
Thorough or complete EIA.

To streamline the EA screening process for the Project, the approach shown in Table 2 will be
adopted for all projects. It should be particularly noted that projects that are only required to
undergo a Summary EIA under Albanian law, which are considered as Category A by the
World Bank, will be subject to a Profound EIA to satisfy WB requirements.

The Technical design of a sub-project will integrate the findings and comments originating
from the EIA and include recommendations made for the design and the mitigation of the
impacts expected, as well as the conditions of any environmental approval granted.




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              Table 2: Screening Criteria for World Bank and Albanian EA procedures
      World   Category As Per Albanian                           Procedure To Be Followed
       Bank           Legislation                    (Meeting both Albanian and World Bank standards)
     Category
     A        Appendix 1, Law on EIA                     A Profound EIA and EMP6 for the sub-project will
              Example sub-projects:                      be prepared by the proposer.
                landfill to receive                      At least two public consultations7 will be held, one
                hazardous waste;                         at the start of the EIA process and one at the end.
                landfill to receive at least             MoEFWA approval will be obtained and the
                30t of non-hazardous                     relevant environmental approval issued8
                waste per day                            World Bank will review and provide no-objection to
                                                         the consultation results, EIA and EMP.
                   Appendix 2, Law on EIA                 An EIA to WB requirements (enhanced Summary
                   Example sub-projects:                  EIA) and EMP for the sub-project will be prepared
                     wastewater treatment                 by the proposer.
                     plant,                               At least two public consultations will be held (as
                     landfills not included in            above).
                     Appendix 1                           MoEFWA approval will be obtained and the
                                                          relevant environmental approval issued (as above).
                                                          World Bank will review and provide no-objection
                                                          to the consultation results, EIA and EMP.
     B9            Annex 1 and 2,                         An EMP will be prepared by the proposer (to meet
                   MoEFWA Guidance No. 3,                 both Albanian and World Bank requirements).
                   dated 08/17/200410                     One public consultation will be held.
                                                          MoEFWA approval of EMP will be obtained, and
                                                          the relevant environmental approval issued (as
                                                          above).
                                                          The World Bank will review and provide
                                                          no-objection to the consultation result and EMP.
     C             Not included in either                 EMP only prepared as required by environmental
                   Appendix 1 or Appendix 2,              conditions and MoEFWA requirements.
                   May be in Annex 1 and 2,               MoEFWA approval of EMP will be obtained, and
                   MoEFWA Guidance No. 3                  the relevant environmental approval issued (as
                                                          above).
     N/A           Strategic Environmental                Special legal dispositions regulate the procedures.
                   Assessment (SEA) (e.g.                 A positive environmental declaration is required for
                   development programs on                adoption of sector strategies, development action plans,
                   transport, energy, tourism,            and programs.
                   industry, services, land use,
                   etc.)

                      World Bank Category A: The EIA process will be performed as per the
                      Albanian legislation (taking into account any additional requirements of
                      OP 4.01 and other Safeguard policies), and submitted to the MoEFWA for

6
         Environmental Management Plan (see (4.2.3)).
7
         Public Participation Regulations No.1 “On Public Participation in the EIA Process”, MoEFWA, 17/08/2004
8
         Environmental Declaration for construction, etc, Environmental Permit, Authorization or Consent for the
         exercise of any activity having an impact on the environment (including some forms of construction)
9
         In case a Category B sub-project is listed in the EIA Law Appendix 2, the EIA will be prepared in parallel
         with the EMP to MoEFWA requirements
10
         On Approval of the List of Business Activities, Application Forms and Rules and Procedures to Grant
         Environmental Consent and Authorization from the Regional Environmental Agencies (REA)


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               approval. The EIA will include an Environmental Management Plan (EMP).
               At least two stakeholder consultations will be held; the first will collect
               stakeholder views and interests in the sub-project, will scope the EIA process –
               this will be used to prepare the EIA ToRs; the second will present the results,
               mitigation measures and the EMP. The MoEFWA environmental approval,
               EIA and EMP will be submitted to World Bank for its review and clearance.
               Any kind of document prepared in this context will be made public through the
               Local Government Unit (LGU).

               World Bank Category B: For the investments under this group, an EMP
               will be prepared and developed to meet World Bank EMP requirements and
               appropriate Safeguards. During the preparation of the EMP, a public
               consultation will be held. The MoEFWA environmental approval, EMP will
               be submitted to World Bank for its review and clearance. Any kind of
               document prepared in this content will be made public through the LGU.

               World Bank Category C: No EA and documentation is required after the
               initial screening, which will be conducted by MoEFWA. However, sub-
               projects falling under this category may be assessed ex-post, to ensure that the
               screening category was appropriate.

The components of the ICZMCP will be prepared and implemented according to Albanian
legislation, regulations and standards and to comply with the operational guidelines and
directives of the World Bank. The Albanian legislation is in the process of being harmonized
with the EU legislation. In view of the development objectives of Albania, related EU
directives will be reviewed and, to the extent practicable and feasible, applied to any project
investments subsequently proposed or yet to be implemented. In case of non-compliance with
EU directives, the sub-project proposal should provide reasons why this is not possible.

Albanian legislation for the quality of coastal waters follows EU requirements for bathing
water standards and for discharge of toxic materials into coastal waters.

               3.1.4. Guidelines and Procedures

The MoPWTT, via the PCU, will be responsible for the screening process and ensuring that
the LGUs follow the required environmental procedures. The PCU shall monitor and support
the screening process and satisfy itself that the procedures are being followed to the
satisfaction of the Albanian Law and World Bank policy. In the event of any deviations or
unreasonable delays it shall seek the advice of the relevant party/parties and provide any
necessary support and advice to overcome/correct the problems. For all cases under review a
time bound plan of actions with responsibilities for resolution of identified issues will be
prepared and sent to the Bank for information.

The process will comprise:

       Step 1: Screening: The LGU or other sub-project proposer will determine the type of
       environmental approval required in accordance with Appendixes 1 and 2 of the Law




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         on EIA, other relevant legislation11, and the classification presented in Table 2 above,
         and prepare and submit the request and the necessary documents to the REA12.

         Within five (5) days receiving the request the REA will review the required
         documentation, classify the proposed sub-project in accordance with Appendixes 1
         and 2 of the Law on EIA and other relevant legislation, and the classification
         presented in Table 2. It shall decide whether the sub-project will require an EIA, and
         then decide whether it should undergo a Summary EIA, a Summary EIA enhanced to
         match WB requirements (Category A EIA), or a Profound EIA, and advise the
         LGU/sub-project proposer accordingly.

         Step 2: Environmental Assessment: According to the screening decision on the type
         of EIA required (if any), the LGU/sub-project proposer shall proceed as indicated in
         Table 2 and the accompanying notes above. In the case that an EIA is required, this
         process shall include preparation of the ToR for the EIA and procuring and engaging
         EIA specialists according to the procurement rules for the ICZMCP.

         For any EIA required, the REA shall inspect the EIA report and the data presented and
         shall consult with its experts and other appropriate bodies, e.g. cultural heritage,
         environmental groups, etc. It will then prepare, in writing, a recommended decision in
         favor of approval or refusal of the sub-project, with justification(s). In the case of
         approval of the application it shall also propose any environmental conditions,
         monitoring requirements, etc., to be included in the approval. This decision shall be
         forward to the MoEFWA within twenty (20) calendar days of the submission of the
         EIA report, accompanied by the EIA report. The MoEFWA shall review this decision,
         seek expert advice, etc., as required and either approve or reject the application, with
         the necessary justification

         When no EIA is required, the REA, or the MoEFWA13, shall issue the relevant
         environmental approval14, with any environmental conditions, monitoring
         requirements, etc., after review of the sub-project design and the EMP.

         Step 3: World Bank Approval: On receipt of the environmental approval by the
         MoEFWA the LGU/sub-project proposer will forward a copy to the PCU, MoPWTT,
         accompanied by the documentation required for review by the World Bank (see
         Table 2). The PCU shall satisfy itself of the appropriateness of the decision, confirm
         to the Bank that the applicable environmental procedures have been followed, and
         submit the documentation for review. For Category C projects, the MoPWTT will
         inform the Bank of the justification for this rating (no additional documentation is
         necessary for sub-projects in this category).

         The World Bank will review the information provided and, if it considers the
         assessment and the EMP are appropriate and satisfactory, will provide a „no objection‟
         and the sub-project may proceed to design completion, application to the Council of

11
     including MoEFWA Guidance No. 3, dated 08/17/2004
12
     see Council of Ministers Decision, No. 249, dated 24. 04. 2003, Concerning the Endorsement of
     Applications for Environmental Licenses and Information Items in the Environmental License, and
     MoEFWA Guidance No. 3
13
     as determined by MoEFWA Guidance No. 3, dated 08/17/2004, and other relevant legislation
14
     Environmental Declaration for construction, etc, Environmental Permit, Authorization or Consent for the
     exercise of any activity having an impact on the environment


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         Territorial Adjustment for a Construction Permit, and implementation, alternatively it
         will suggest areas where strengthening is needed before the above process can be
         completed.


                    3.2. Operational Procedures for Environmental Assessments

                  3.2.1. Public Consultation and Information Disclosure

                           Stakeholders

The main goal of the stakeholder and public consultation implemented for the various
components/sub-projects/activities under the project will be to prepare a framework that will
facilitate a consensual project implementation, ensure that they will be in compliance with
Albanian laws, regulations15 and customs as well as with the Bank‟s policies, and that they
will not have a lasting adverse negative impact on the local population, the natural
environment or properties of particular cultural value, whether on the site or elsewhere.

The stakeholder and public consultation plan required under Albanian law includes
identification of the stakeholders & public representatives that should participate in the
process and the approach to be used.

Albania is an emerging economy and society; it is therefore possible that new stakeholders
will emerge during the life of the ICZMCP, some will disappear, and that the relevance of
some existing ones will change. The identification and selection of the main stakeholders will
therefore be carried out regularly, using a screening process based on the roles and
responsibilities of each stakeholder at each stage of the sub-project cycle. The PCU,
MoPWTT, and the MoEFWA will monitor and advice on any modifications required if they
are not implemented automatically by the responsible bodies in the field.

The main national stakeholders are considered to be MoEFWA, MoPWTT and MoTCYS.
The role and relevance of each national stakeholder will change depending on the issues to be
consulted.

The main local stakeholders are considered to be Vlora Qark and the local government units
(LGUs), i.e. the municipalities and communes16, and their urban offices, the REAs in Vlora
and Saranda; Local Environment Inspection offices in Vlora and Saranda; Port Authority and
; Other stakeholders may be identified in the design of project components and sub-projects.

The main public representatives are local NGOs active in the region, social associations,
business community organizations such as local Chambers of Commerce, hoteliers
associations, tourism associations etc.

                           Public Consultation

For projects falling in World Bank Category A and B projects, the responsible LGU with
support of PCU will consult the project affected groups and local non-governmental
organizations (NGOs) about the sub-project‟s environmental aspects and take their views into

15
     This shall include any changes expected as a result of harmonization with EU policies and procedures.
16
     Communes: Lukova, Ksamil, Vergo, Xarra, Aliko Municipalities: Saranda, Himara


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account. This will be done according to the procedures defined in the Albanian Law on EIA,
as developed more precisely in the PUBLIC PARTICIPATION Regulations Nr.1 “On Public
Participation of EIA process” issued by MoEFWA, dated 17.08.2004 (Nr 233 of Prot.). This
Regulation is drafted to apply to Article 26 of the EIA law. Where this process is not
sufficient to meet World Bank policy requirements they will be enhanced according to World
Bank requirements.

Broadly these requirements are as follows:

Category A: The public consultation will occur twice: a) after the environmental screening
            and before the terms of reference for the EIA are finalized; and b) after the EIA
            and EMP is prepared, to receive public feedback on the report.

Category B: The public consultation will occur when the EMP is in a draft phase and the
            findings of the draft EMP will be discussed. The views of the public will be
            incorporated in the final EMP.

The stakeholder and public consultations will be carried out either as a sector approach or as a
multi-sector approach, depending on their type. Both approaches will comprise a set of
consultation measures to be designed and implemented from the beginning of the
activity/action through to its end. This should also include any procedures required for the
operation phase, especially performance monitoring.

The public and stakeholder consultation and participation will be realized through:
      information to public and stakeholders about a component, sub-project or activity,
      including access to key data and indicators in hard or electronic copy;

       ensuring conditions that maximize opportunities to express opinions and participate in
       the decision making process, though public debate and other consultative processes:

           o public meetings

           o workshops

           o exhibitions

           o individual meetings with stakeholders

           o distribution of questionnaires

           o advertisement, notices , media

       consideration of any proposals for improvements and ways to make them;

Preparing and implementing the consultation process will comprise the following steps:
       identification of national and local stakeholders and public representatives as
       suggested above;

       preparation of the simple and adequate information of the activity/action to be
       displayed to stakeholders and information to public;



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       determination and organization of the events required;

       facilitation of the events;

       recording the information and opinions and advice obtained.

       consideration of the above information in finalizing the design and the operation and
       maintenance arrangements, etc.;

       co-ordination of the time table/schedule for each of the above steps .


                       Information Disclosure

Under the law the LGU and the Qark where the action/activity will take place or will be
installed are responsible for coordination and organization of the consultations. However, the
EIA specialists, PCU and the REA are also well placed to identify stakeholders, they will also
advise the LGU and Qark who should participate in the consultations. Also, because they
have the expertise they should prepare and present the information about the component/sub-
project, hear responses, etc. The PCU, MoPWTT, will ensure that these procedures are
observed.

This approach is justified by the Guidance No. 3, dated 08/17/2004 “On Approval of the List
of Business Activities, Application Forms and Rules and Procedures to Grant Environmental
Consent and Authorization from the Regional Environmental Agencies”

Based in this guidance, and appropriate to the type and number of consultations required (see
Table 2), the LGU/sub-project proposer will:
        Ensure a program of public displays, meetings and debates, with dates and locations,
        as part of a formal Consultation Program.
        Ensure stakeholders are informed of the Consultation program before the first event
        in the program, and that information about the activity is delivered and is available to
        take and read at least five days before this date.

The responsibilities of the designer, environmental specialist and/or the contractor will be to:
       Prepare in due time all the information related to component/sub-project/activity in the
       form and quantities (copies) requested by the REA.
       Be present with technical staff at all the consultation events.
       Collect the stakeholder and public remarks and suggestions, in the meeting minutes.
       Prepare and provide the corrected versions of the location, design, construction
       process, etc., with consideration to the remarks and suggestions made during the
       consultation process.

The REA, with support of PCU will ensure that the above activities have occurred and may
also:
      Advise on the form of the Consultation Program: public meetings, workshops,
      exhibitions, separate meeting with stakeholders, questionnaires, advertisements,
      notices, media meetings, etc.
      Advise on the most appropriate way for the information on the activity/action to be
      displayed and presented to stakeholders and to public.


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        Organize a separate technical meeting, or establish a technical commission, that will
        comment on the issues that have arisen during the consultations, and to recommend
        on the decision about the environmental permit to be granted. This
        meeting/commission will include local and national stakeholders as determined by the
        REA. The REA may also request and organize national or international consultancy
        services to support the decision making process.

Where needed the MoEFWA will provide the REA with support through its specialist
Departments and its technical expertise.

For category A projects, the EIA/EMP will be in the English language with translation of the
executive summary in Albanian, for category B projects, the EIA/EMPs will be in Albanian.
The PCU, MoPWTT, will observe and monitor the whole process, as appropriate to the level
of EA required.

               3.2.2. Environmental Management Plan

The EMP for a Project component or a sub-project will include:

         (i)   Assessment of the environmental impacts predicted at the various stages,
               notably construction, operation (including maintenance of sites) and
               decommissioning, the time they are likely to occur, and their scale, scope and
               effect(s) on environmental media and humans.
         (ii) Determination of acceptable level of each impact, especially with respect to its
               occurrence, likely duration, scale, effect(s), cost(s) (see also (iv) below), and
               the permitted legal levels established by the respective national or international
               standards.
         (iii) Description of conditions and measures to be taken to mitigate those impacts
               that are likely to arise at each stage, responsibility assigned for implementation,
               whether though improved design, special protection measures during
               construction, or some other method, their likely costs, implications for project
               completion, etc.
         (iv) The resources and methods required for monitoring during project
               implementation, indicators for measuring and ensuring quality of EMP actions
               (what is to be measured, when and where, by whom and why); institutional
               responsibilities for each action required; and capacity building requirements
               required, and the respective costs of each element.

The EMP will comprise two separate documents: a Mitigation Plan, dealing with aspects
described in (iii) above, and a Monitoring Plan dealing with aspects described in (iv) above.
It is expected to be prepared at design completion and should incorporate any requirements
specified in the environmental approval granted by the REA.

The requirement for approval by the REA or any other respective authority should also be
noted. Examples of model EMP forms may be found in Annex 2.

               3.2.3. Implementation and Monitoring of an EMP

For each sub-project/activity subject to environmental impact review the responsible
LGU/proposer will have overall responsibility for ensuring implementation and monitoring of



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the EMP. However, the various parties identified in the plan, e.g. contractors, construction
supervisors, maintenance mangers, etc., will also be responsible for implementing and
monitoring their respective parts.

The PCU will monitor the execution of the various components and sub-projects, to ensure
that the requirements, specifications and environmental considerations of each EMP are met.
The PCU will report on the implementation to the Government in the annual progress reports
through the Project Steering Committee.

The aims of the EMP and its execution are to: (i) include conditions and mitigating measures
of project approval and ensure that these conditions are working effectively; (ii) verify that
environmental impacts are as predicted or permitted; (iii) take actions to manage unforeseen
changes; (iv) optimize environmental benefits; and (v) improve EIA practice in the future.
The key tasks of monitoring EMP implementation are: (i) surveillance and supervision;
(ii) impact and compliance monitoring; (iii) environmental auditing; (iv) evaluation of EIA
effectiveness and performance; and (v) post-project impact analysis.

Under the Albanian Law the Regional Environmental Inspectorate (REI), is responsible for
performing regular evaluation and monitoring of subprojects. Overall, the monitoring will
focus on measuring compliance with pollution standards and requirement of related permits.
Furthermore, under the Albanian law, each person or organization obtaining any form of
environmental approval for a project or activity is responsible for monitoring performance
according to its EMP and the indicators included in it. Municipalities, communes and local
associations are therefore responsible for monitoring a subproject‟s performance during
operation; however, in many cases their human capacity and physical capacity will have to be
built, particularly through appropriate training to undertake these activities. The Regional
Environmental Agency of Vlora, including both the staff located in Vlora and in Saranda has
been involved in the implementation of several project activities, like Regional Southern
Coastal Development Plan, review of designs for Landfill construction, rehabilitation of Port
of Saranda, etc. Also the staff of the Regional Environmental Agency of Durres has been
closely involved in the implementation of Porto Romano remediation component. REA staff
has participated in expert and public meetings organized by the MoPWTT and MoEFWA, as
well as training and study tours organized under the Project.


                 3.3. Environmental Monitoring and Mitigation Measures of the
                      different projects activities

During the preparation of EIAs for the different subcomponents/project activities, all positive
and negative impacts caused by construction, operation and decommissioning/aftercare
activities are to be considered, including potential ecological incidents. For the major
physical components of the project, the pre-feasibility studies have identified a number of
potential impacts. They include hazards such as health and safety risks for construction
workers and public; noise; dust – leading to adverse air quality; soil and/or water pollution;
surface run-off; excavation of materials and disposal of surplus soil/earth; and risks to
environmentally sensitive areas. Some sub-projects may also encounter impacts on objects of
cultural value, however in the context of the R&F program that directly addresses vernacular
architectural heritage, the expected impacts will be minor (dust, noise, removal of
construction materials) and will be mitigated through the provision of specific guidelines to
contractors



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The specific impacts of the sub-projects that will be implemented under the Coastal Village
Conservation and Development Program (CVCD) are not known yet, as the locations and
details of these subjects have yet to be determined. However, many of the possible impacts
can be identified, because of past experience of similar sub-projects in other parts of Albania
and elsewhere around the world.

Brief details of the likely impacts for the various physical investments are described in the
sections that follow. The boxes provide a summary of EIAs‟ key findings and
recommendations for the major project infrastructure investments. The EIAs for specific
projects investments in Bajkaj municipal landfill, the Gateway of Saranda and the Porto
Romano Clean-up are available and disclosed as separate documents at the Infoshop.

               3.3.1. Solid Waste Component

The draft Environmental Impact Assessment for the Landfill and Transfer station was
disclosed in country on June 30, 2009 and in the Infoshop on September 14, 2009.

In accordance with the draft Environmental Impact Assessment, which is under finalization,
the new sanitary landfill will occupy 9.5 hectares, although only 6 ha will be used for
depositing waste, and this progressively in a series of smaller cells. A waste transfer station
will be constructed at Himara and used to mechanically compact domestic waste which will
then be trucked to the landfill. The landfill and transfer station will serve between 22,000 and
30,000 persons. The works do not include the closure of the current dumpsite near Saranda,
Technical Assistance is foreseen under the restructured project to develop a closing plan and
design, including recommendations on the resettlement of the waste pickers that are present
on the existing dumpsite.

The landfill which will take about 15 months to construct will be used for 27 years, after
which it will be closed, capped and rehabilitated as a vegetated site. It will be located in a
natural depression surrounded by hills on three sides, not visible from Bajkaj 1.5 km away but
partly visible from Palavli 1.4 km away. Waste arriving at the landfill will be compacted and
covered daily by earth to eliminate smell and burning of the waste is not allowed. The landfill
and waste transfer station can only accept household (domestic) and commercial municipal
solid waste, and institutional kitchen waste. Both the landfill and transfer station will be
securely fenced with locked gates to prevent unauthorized entry.

Biodegradeable waste in the landfill will generate gases, and these will be collected by a gas
collection system and incinerated on-site in a biotorch flame. The entire landfill will be sealed
underneath by waterproofing membranes which will prevent any pollution of the underground
water and soils from rainfall draining through the waste mass. This wastewater (leachate) will
be conducted through pipes to a treatment system comprising a storage basin, 3 lagoons, and a
constructed wetland planted with reeds.

A 5.5 km access road to the landfill will use the existing road starting at the junction on the
main road between Bamatat and Stjanji. Reconstruction and resurfacing of the road will be
done. A new 0.7 km road will be built from this to the landfill site. A new 0.85 km road will
be built to the waste transfer station in Himara. There will be no on-site construction workers
compound. Instead, workers will be billeted either in Saranda or in Himara towns.

Alternative Sites


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The location of the landfill site was chosen from a long list of 13 other sites, which was
short-listed to 7 based on comparative criteria including environmental, geology, land
ownership, vulnerability, human population, public attitudes, infrastructure, management,
institutional, public authority preference, and cost. From these, 3 sites were short-listed based
on compliance to the legislation, and a ranking system of these three sites undertaken to
identify that Bajkaj Site B was the most appropriate site for the landfill.
A full site investigation program (geological, topographical, hydro-geological) was carried
out to determine site suitability. A do-nothing option was not acceptable due to the current
situation with waste disposal.

Description of the location
The proposed landfill site is surrounded by hills on three sides. The entire site is characterised
by soils with low permeability, underlain with a base flysch rock forming a geological barrier.
There are no protected geological objects or sites of geological interest in the locality. There
is little likelihood of pronounced seismic disturbance. Natural vegetation in the area is low
profile shrubs, grass and bracken. Land use is generally under exploited, comprising localised
fruit, vine and vegetables but at some distance from the site. Most livelihoods revolve around
agriculture and agro-industrial trades, and servicing agricultural activities. The nearest
community is Palavli at 1.4 km away.

The site is located in a high rainfall area during autumn and winter, with hot, dry summers. It
is not waterlogged, does not have marsh or wetland areas, and permanent surface water is
absent. The Kalasa River is 900 m away at its closest point. Gjovarakës Creek, a small,
temporal creek which has low flow after rainfall, is more than 200 m from the proposed site.
An underground water table is present at 0.7 m depth after rain. Boreholes and wells for
drinking water supply and agricultural irrigation are in the locality but not close to the
proposed site. Wind direction is predominantly north to south. Air quality is high, although
impairment from agricultural burn-off does happen seasonally.

Biodiversity in the wider area is high with common species of plants and animals. No plant
species were found only in this area, or species that are protected by national or international
listings, or included in the Albanian Red List. The broader zoogeographical area supports a
number of species that are listed (Albanian Red List approved by the MEFWA) but none of
these species are threatened by the proposed development. A number of cultural heritage,
historical and archaeological features exist in the wider vicinity. A line of defensive bunkers
built during the earlier regime is near the proposed landfill site and should be regarded as a
heritage feature.

Impacts and their mitigation
No negative effect was found to have significant effect on a large area, or for a long period on
the existing environment, or on human communities. There are no unacceptable impacts
which cannot be mitigated in the program of work for the project.

Visually, the landfill under construction and in operation will be unpleasant to see and will
intrude on the scenic aspect of the surrounding countryside and on views from distant high
ridges, although near views of it will be restricted by surrounding hills. The landfill will be
visible by persons traveling on the new national road from Tepelene to Delvine, and by
residents of Palavli Village. This can be mitigated by planting several lines of evergreen trees.
Trees will also dampen the noise from construction machinery and noise from heavy plant
during landfill operation.


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Risk management for worker safety, control and containment of hazardous and toxic
substances used on-site during construction and operation, and chemical substances used
during the construction phase will be limited by a Construction Management Plan and a
Landfill Operational Management Plan. Risk to operators from handling waste at the landfill
and transfer station could be minimized through training and a Landfill Operational
Management Plan. Risk from handling flammable substances such as fuel could be
minimized through correct storage of substances, training and a Landfill Operational
Management Plan.

Wastewater from rainfall draining through the waste mass will be prevented from entering
underground water by landfill liners. The wastewater (leachate) will be collected in pipes and
diverted to the wastewater treatment system which will comprise a storage basin, 3 holding
lagoons and a constructed wetland planted with reeds. There will be no impact of wastewater
on groundwater, but the final discharge from the leachate treatment system outfalls to a
temporal creek which eventually flows into the Kalasa River. Discharge conditions for this
must be prescribed in the Environmental Permit and monitored by the National
Environmental Inspectorate (NEI). In the unlikely event of a tear or leak in the liners, or
accidental spillage, an Environmental Management and Monitoring program will identify any
pollution of underground or surface water, and action taken to rectify this. A no-well-drilling
buffer area should be established 500 m outside the landfill. Wastewater from on-site
construction workers and operators will be treated in appropriate on-site wastewater treatment
systems (e.g. Imhoff Tanks) permanently on-site at the landfill and transfer station, and
emptied regularly using an appropriate sewage tanker.

Smell from the landfill will not exceed recommended limits set by WHO at the nearest
residence. Odour can be dissipated by planting rows of evergreen trees (such as eucalypts) on
the landfill boundary. Correct operational procedures will stop smell, and a complaints
register will be established for the public to register any complaints. Prompt response from
the operator and managing authority to public complaints will be mandatory under the
Landfill Operational Management Plan and under the Environmental Permit for the landfill
issued by the EFA. Environmental monitoring will determine the origin and location of any
odorous materials.

Biogas emissions from biodegrading waste will be collected by underground pipework and
incinerated at a biotorch flame. Noise from the burning flame will have a low impact beyond
the boundary of the landfill, and can be mitigated by lines of evergreen trees planted on the
boundary. Release of volatile organic compounds from the wastewater (leachate) treatment
system will have a low impact. Dust from pre-construction clearing, construction and
operation of the landfill will be controlled by good practice: watering dust sources during dry
weather, correct on-site operational procedures, and effective site management. Vehicle
emissions during construction and operation will have a low impact. Noise and vibration
from machinery during construction and operation can be minimized by a Construction
Management Plan. Increased traffic from waste vehicles in the area will not have a
significant impact, particularly after national highway construction vehicles have completed
their road construction work. There will be a low impact on local flora but biodiversity in the
wider context will not be affected. The constructed wetland will increase habitat for birds and
insects. Cultural, heritage or archaeological impacts are not foreseen. An Environmental
Management and Monitoring Plan is proposed which details safeguards to the receiving
environment through a program of daily, weekly and monthly sampling and analysis of air,


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water and land. A public consultation and participation strategy has been assembled to
address the concerns of the local communities. An overview of the draft Mitigation and
Monitoring Measures is provided in the tables below.




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Summary of Main Environmental Mitigation Measures, Landfill Construction Phase

Environmental impact                 Mitigation                                                     Responsibility for mitigation                     Responsibility for
                                                                                                                                                      enforcement
Raw materials and chemicals
substances used on-site
Flammable substances used on-        Correct storage and handling by construction company.          Works Contractor. Mitigation of impacts will be   Regional Environmental
site during construction                                                                            specified in the works contract and/or in the     Agency (MEFWA),
                                                                                                    Construction Management Plan.                     Supervising Engineer
Hazardous substances used on-        Correct storage and handling by construction company.          Works Contractor. Mitigation of impacts will be   Regional Environmental
site during construction                                                                            specified in the works contract and/or in the     Agency (MEFWA),
                                                                                                    Construction Management Plan.                     Supervising Engineer
Air emission
Dust from construction works         Dust control by wetting from water truck spray by              Works Contractor. Mitigation of impacts on air    Regional Environmental
                                     construction company.                                          quality will be specified in the works contract   Agency (MEFWA),
                                                                                                    and in the Operational Management Plan.           Supervising Engineer
Noise
Construction involving heavy         Expected to be within acceptable levels. Workforce to          Works Contractor. Mitigation of impacts will be   Regional Environmental
plant machinery at the landfill      wear ear protection.                                           specified in the works contract and/or in the     Agency (MEFWA),
site                                                                                                Construction Management Plan.                     Supervising Engineer
Construction involving heavy         Expected to be within acceptable levels. Workforce to          Works Contractor. Mitigation of impacts will be   Regional Environmental
plant machinery at the waste         wear ear protection.                                           specified in the works contract and/or in the     Agency (MEFWA),
transfer station                                                                                    Construction Management Plan.                     Supervising Engineer
Seismic activity
Earth movement ruptures              Avoidance of steep slopes on landfill batters. Where           Works Contractor. Mitigation of impacts will be   Regional Environmental
engineered structures                appropriate flexible materials are to be used in               specified in the works contract and/or in the     Agency (MEFWA),
                                     connections between steel-and/or concrete structures and       Construction Management Plan.                     Supervising Engineer
                                     engineering networks (water/gas/electricity lines).
Visuals
The landfill can be seen from        Natural slopes will provide a degree of visual screening       Works Contractor. Mitigation of impacts will be   Regional Environmental
Palavli Village                      to mitigate visual impacts from the village. In addition       specified in the works contract and/or in the     Agency (MEFWA),
                                     appropriate tree planting at the earliest opportunity, in      Construction Management Plan.                     Supervising Engineer
                                     particular on the northern side of the facility will address
                                     any residual visual impacts.
The landfill can be seen from        The distance of the landfill site from these routes            Works Contractor. Mitigation of impacts will be   Regional Environmental
tourist routes through to Butrint.   together with appropriate tree planting will reduce any        specified in the works contract and/or in the     Agency (MEFWA),
                                     visual impact from roads.                                      Construction Management Plan.                     Supervising Engineer
The landfill can be seen from        The proposed planting program, including the lines of          Works Contractor. Mitigation of impacts will be   Regional Environmental
new road Tepelene – Delvine          trees in the NW to SE axis across the access road to the       specified in the works contract and/or in the     Agency (MEFWA),
                                     landfill, will reduce any visual impact from this road.        Construction Management Plan.                     Supervising Engineer
The landfill can be seen from the    The distance of the landfill site from these routes            Works Contractor. Mitigation of impacts will be   Regional Environmental
Feniqi ridge at a distance of 9      together with appropriate tree planting will reduce any        specified in the works contract and/or in the     Agency (MEFWA),
kilometers.                          visual impact from the Feniqui ridge.                          Construction Management Plan.                     Supervising Engineer
Biodiversity
Animal and plant communities         No cables or wires would interfere with bird flight
within and in proximity of           pathways. Construction work would take place within            _                                                 _
proposed site would be impacted      pre-defined area. Existing animal and plant



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                                     communities within and around proposed site are poor in
                                     species richness and abundance and are unlikely to be
                                     impacted.
Cultural heritage
Some impact from increased           Mitigation of impacts by driver training will be specified     Works Contractor. Mitigation of impacts will be         Regional Environmental
heavy traffic during construction    in the works contract and/or Landfill Operational              specified in the works contract and/or in the           Agency (MEFWA),
and operation on cemetery near       Management Plan.                                               Construction Management Plan.                           Supervising Engineer
road access to landfill site


Summary of Main Environmental Mitigation Measures, Landfill Operation Phase
Environmental impact                         Mitigation                                                         Responsibility for mitigation                  Responsibility for
                                                                                                                                                               enforcement
Raw materials and chemicals substances
used on-site
Waste materials handled and disposed         Landfill use restricted to disposal of non-hazardous               Landfill Facility Operator                     Regional Environmental
on-site during operational period            municipal solid waste. Training of operators in correct            Mitigation of impacts will be specified        Agency (MEFWA),
                                             handling of waste, and good practice for landfill site             in the Operational Management Plan.
Air emission
Dust from operational activities on-site     Dust control by wetting from water truck spray.                    Landfill Facility Operator                     Regional Environmental
                                                                                                                Mitigation of impacts on air quality will      Agency (MEFWA),
                                                                                                                be specified in the works contract and
                                                                                                                in the Operational Management Plan.
Landfill gas emission principally            Biogas emission generated from methanization at the landfill       Landfill Facility Operator. Mitigation         Regional Environmental
methane and carbon dioxide                   will be collected and burnt. Maintaining the gas recovery          of impacts will be specified in the            Agency (MEFWA),
                                             system will minimize odor emissions.                               works contract and in the Operational
                                                                                                                Management Plan.
Leachate treatment lagoons emissions         Impact not considered significant provided the system is           Landfill Facility Operator. Mitigation         Regional Environmental
                                             constructed effectively, and maintained and operated               of impacts will be specified in the            Agency (MEFWA),
                                             efficiently Evapotranspiration will have no impact.                works contract and in the Operational
                                                                                                                Management Plan.
Burning of waste
Creation of air pollution (e.g.              All waste loads to be checked at discharge point, compaction       Landfill facility operator                     Regional Environmental
particulates, dioxins, VOCs, Smoke, etc.)    and covering of waste, use of water bowser. In addition                                                           Agency (MEFWA)
                                             smoking on site will be prohibited.
Precipitation
Stormwater runoff from platforms and         Maintain clean platforms by cleaning as necessary using            Landfill Facility Operator. Mitigation         Regional Environmental
perimeter roads                              appropriate equipment. Collection of rainwater                     of impacts will be specified in the            Agency (MEFWA),
                                             (precipitation) falling on the landfill site will be achieved by   works contract and in the Operational
                                             drainage channels on the internal side of each berm, by            Management Plan.
                                             drainage channels on the internal side of the perimeter dyke
                                             crest, and by perimeter drainage channels at the bottom of
                                             perimeter dykes.
Stormwater to hard surfaces within           Stormwater collected by series of drains laid at the start of      Landfill Facility Operator. Mitigation         Regional Environmental
landfill site                                construction by construction company above the                     of impacts will be specified in the            Agency (MEFWA),
                                             waterproofing membrane and conducted by gravity to the             works contract and in the Operational




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                                             separate stormwater system.                                       Management Plan.
Stormwater from new access roads             Stormwater diverted to parallel drains on each side of road       Landfill Facility Operator. Mitigation   Regional Environmental
                                             and to infiltration through roadside vegetation. No               of impacts will be specified in the      Agency (MEFWA),
                                             stormwater runoff to soakaway pits. No soakaway pits to be        works contract and in the Operational
                                             constructed alongside roads.                                      Management Plan.
Rainwater falls on and infiltrates through   Runoff and percolation is collected by the drainage and           Landfill Facility Operator. Mitigation   Regional Environmental
the waste mass                               collection systems at the landfill bottom and slopes as           of impacts will be specified in the      Agency (MEFWA),
                                             leachate, and is treated in the leachate treatment system.        works contract and in the Operational
                                                                                                               Management Plan.
Wastewater
Landfill leachate pollutes underground       Domestic wastewater directed to appropriate on-site               Landfill Facility Operator. Mitigation   Regional Environmental
water                                        wastewater treatment system and regularly emptied and             of impacts will be specified in the      Agency (MEFWA)
                                             removed off-site.                                                 works contract and in the Operational
                                                                                                               Management Plan.
Landfill leachate or wastewater              Fully collected and treated in on-site leachate treatment         Landfill Facility Operator. Mitigation   Regional Environmental
contaminates well drinking water             system prevents pollution of underground water. EMMP              of impacts will be specified in the      Agency (MEFWA)
                                             regularly samples and analyses underground water quality          works contract and in the Operational
                                             and would identify any problems in containment of landfill        Management Plan.
                                             leachate.
Final discharge from landfill leachate       Discharge conditions for this will be prescribed in the           Landfill Facility Operator. Mitigation   Regional Environmental
treatment system does not comply with        Environmental Permit which will be issued by the                  of impacts will be specified in the      Agency (MEFWA)
emission limits in National legislation      Environment and Forests Agency.                                   works contract and in the Operational
                                                                                                               Management Plan.
Wastewater transmission
Failure of transmission lines and spillage   The EMMP will set out a program of regular sampling and           Landfill Facility Operator. Mitigation   Regional Environmental
                                             analysis of underground water and surface water quality and       of impacts will be specified in the      Agency (MEFWA)
                                             would identify any problems in containment of landfill            works contract and in the Operational
                                             leachate or leachate transmission lines.                          Management Plan.
Failure of waterproofing membranes           The EMMP will set out a program of regular sampling and           Landfill Facility Operator. Mitigation   Regional Environmental
lining base and sides of landfill site       analysis of underground water and surface water quality and       of impacts will be specified in the      Agency (MEFWA)
                                             would identify any problems in containment of landfill            works contract and in the Operational
                                             leachate or leachate transmission lines.                          Management Plan.
Failure of waterproofing membranes           The EMMP will set out a program of regular sampling and           Landfill Facility Operator. Mitigation   Regional Environmental
lining base and sides of leachate            analysis of underground water and surface water quality and       of impacts will be specified in the      Agency (MEFWA)
treatment system                             would identify any problems in containment of landfill            works contract and in the Operational
                                             leachate or leachate transmission lines.                          Management Plan.
Hazardous waste
Arrival of mixed hazardous with non-         The landfill is not permitted to accept hazardous waste.          Landfill Facility Operator               Regional Environmental
hazardous solid waste                        Penalties and fines will be applied to the originator (polluter                                            Agency (MEFWA)
                                             pays) where illegal mixing of hazardous and non-hazardous
                                             waste has been discovered. Persons discovered delivering
                                             such wastes to the landfill shall be required to reload and
                                             remove all such materials.
Arrival of small amounts of hazardous or     The landfill is not permitted to accept hazardous waste.          Landfill Facility Operator               Regional Environmental
quarantine ship waste                        Penalties and fines will be applied to the producer and/or                                                 Agency (MEFWA)
                                             transporter found bringing hazardous or quarantine ship
                                             waste to the landfill facility or to the transfer station.
Arrival of large amounts of hazardous or     The landfill is not permitted to accept hazardous waste.          Landfill Facility Operator               Regional Environmental



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quarantine ship waste                      Penalties and fines will be applied to the producer and/or                                                 Agency (MEFWA)
                                           transporter found bringing hazardous or quarantine ship
                                           waste to the landfill facility or to the transfer station.
Landscape
Impact on landscape within and around      No special landscape values within proximity of proposed          _                                        _
proposed landfill site                     landfill site or waste transfer station.
Visuals
The landfill can be seen from Palavli      Maintenance of tree screen responsibility of landfill site        Landfill Facility Operator. Mitigation   Regional Environmental
Village                                    manager under the managing authority.                             of impacts will be specified in the      Agency (MEFWA)
                                                                                                             works contract and in the Operational
                                                                                                             Management Plan.
The landfill can be seen from tourist      Maintenance of tree screen responsibility of landfill site        Landfill Facility Operator. Mitigation   Regional Environmental
routes through to Butrint.                 manager under the managing authority.                             of impacts will be specified in the      Agency (MEFWA)
                                                                                                             works contract and in the Operational
                                                                                                             Management Plan.
The landfill can be seen from new road     Maintenance of tree screen responsibility of landfill site        Landfill Facility Operator. Mitigation   Regional Environmental
Tepeline – Delvine                         manager under the managing authority.                             of impacts will be specified in the      Agency (MEFWA)
                                                                                                             works contract and in the Operational
                                                                                                             Management Plan.
The landfill can be seen from the Feniqi   Maintenance of tree screen responsibility of landfill site        Landfill Facility Operator. Mitigation   Regional Environmental
ridge at a distance of 9 kilometers.       manager under the managing authority.                             of impacts will be specified in the      Agency (MEFWA)
                                                                                                             works contract and in the Operational
                                                                                                             Management Plan.
Soils
Covering of soils on proposed site would   Soils will be removed and stored for covering and for             Landfill Facility Operator. Mitigation   Environmental Agency
be degraded by waste operations            subsequent use in site re-vegetation.                             of impacts will be specified in the      (MEFWA)
                                                                                                             works contract and in the Operational
                                                                                                             Management Plan.
Odour
Generation of odor at the landfill site    All waste to be compacted and covered with soil or other          Landfill Facility Operator. Mitigation   Environmental Agency
                                           cover materials on a daily basis. Develop an inventory of         of impacts will be specified in the      (MEFWA)
                                           odorous materials at the landfill. A Public Complaints            works contract and in the Operational
                                           Register will be established at the landfill site and the         Management Plan.
                                           landfill operator will respond positively to complaints, and
                                           to suggestions from any Public Monitoring Group
                                           established in relation to odor problems from the landfill
                                           site. Green belt around landfill site will partly contribute to
                                           minimizing any impact from odor.
Generation of odor at the leachate         Ongoing monitoring of the performance of the leachate             Landfill Facility Operator. Mitigation   Regional Environmental
treatment system                           treatment system as set out in the Environmental                  of impacts will be specified in the      Agency (MEFWA),
                                           Management and Monitoring Plan.                                   works contract and in the Operational
                                                                                                             Management Plan.
Generation of odor from burning biogas     The release and burning of biogas will be related to the rates    Landfill Facility Operator. Mitigation   Regional Environmental
at the landfill site.                      of methanization within the landfill site. Routine monitoring     of impacts will be specified in the      Agency (MEFWA),
                                           to assess the odor exposure of sensitive receptors. A             works contract and in the Operational
                                           Complaints Register will be established at the landfill site      Management Plan.
                                           and the landfill operator will prepare a response plan to
                                           conditions which might lead to odor or potential odor



100222_ICZMCP_Final_ESSF_February 2010                              24                                                    February 2010
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                                             problems.
Noise
On-site machinery during operation at the    Expected to be within acceptable levels. Workforce to wear      Landfill Facility Operator                Regional Environmental
landfill site                                ear protection.                                                 Mitigation of impacts will be specified   Agency (MEFWA),
                                                                                                             in the works contract and in the
                                                                                                             Operational Management Plan.
Waste collection trucks and compactor        Because of low waste generation rates in the collection area,   _                                         Regional Environmental
trucks along access roads                    the number of trucks per hour is estimated to be low.                                                     Agency (MEFWA)
                                             Current high level of trucks is related to national highway
                                             construction in the vicinity of the landfill site. After
                                             highway construction is completed, the frequency of trucks
                                             will diminish.
Biodiversity
Animal and plant communities within          No cables or wires would interfere with bird flight pathways.   _                                         Regional Environmental
and in proximity of proposed site would      Operations would occur within pre-defined area. Existing                                                  Agency (MEFWA)
be impacted                                  animal and plant communities within and around proposed
                                             site are poor in species richness and abundance and are
                                             unlikely to be impacted.
Vermin
Waste landfill attracts vermin, rodents      No residences within 1.4 km of proposed site, impact from       Landfill Facility Operator                Regional Environmental
and scavenging birds                         vermin is not considered to be significant. Periodic vermin     Mitigation of impacts will be specified   Agency (MEFWA)
                                             control on-site to reduce populations. The control of           in the works contract and in the
                                             vectors (flies, rodents, vermin and scavenging birds, etc.)     Operational Management Plan.
                                             will be addressed in the Landfill Operational Management
                                             Plan.
Sensitive areas
Sensitive environmental areas impacted       Sensitive environmental areas are beyond the required 500 m     _                                         Regional Environmental
by waste disposal and transport                                                                                                                        Agency (MEFWA)
Human communities
Communities residing beyond the              Provide a monitoring data recording and reporting               Landfill Facility Operator.               Regional Environmental
proposed landfill site, and on access        procedure, provide a complaints register and prepare a                                                    Agency (MEFWA)
roads to the site, are exposed to excess     response plan to conditions which might lead to increased
levels of noise, dust, smell, litter, and    impact on human communities. Respond positively to any
traffic                                      community monitoring group established.
Cultural heritage
Some impact from increased heavy             Mitigation of impacts by driver training will be specified in   Landfill Facility Operator.               Local Government
traffic during operation on cemetery near    the works contract and/or Landfill Operational Management                                                 Authority and Regional
road access to landfill site                 Plan.                                                                                                     Environmental Agency
                                                                                                                                                       (MEFWA),
The landfill can be seen from an             The distance of the landfill site from these routes together    Landfill Facility Operator                Regional Environmental
archaeological site located on the Feniqi    with appropriate tree planting will reduce any visual impact                                              Agency (MEFWA)
ridge at a distance of 9 kilometers          from the Feniqui ridge.
Staff resources
Waste landfill operation - worker            OHS practice by staff and management. Periodic health           Landfill Facility Operator                Local Government
occupational health and safety (OHS)         inspection and medical check-up of all staff handling                                                     Authority and Regional
                                             municipal waste.                                                                                          Health (MoH)
Staff training – training in broad aspects   Regular training and certification. Responsibility of           Landfill Facility Operator                Regional Environmental
of environmental management                  managing authority.                                                                                       Agency (MEFWA),



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Staff training in weighing, recording and     Regular training and certification. Responsibility of             Landfill Facility Operator            Regional Environmental
reporting of waste to landfill site,          managing authority.                                                                                     Agency (MEFWA),
operation of landfill site, use of
machinery for correct waste management


Main Environmental Mitigation Measures Landfill post closure phase
Environmental impact                        Mitigation                                                          Responsibility for mitigation         Responsibility for
                                                                                                                                                      enforcement
Air emission
Landfill gas emission principally           Reduced biogas emission generated from methanization at the         Municipality of Saranda, Vlora Qark   Regional Environmental
methane and carbon dioxide                  landfill will continue to be collected and burnt post-closure.                                            Agency (MEFWA),
Wastewater
Landfill leachate pollutes underground      Fully collected and treated in on-site leachate treatment system    Post-closure monitoring under EMMP    Regional Environmental
water                                       prevents pollution of underground water. EMMP regularly             and any required actions lies with    Agency (MEFWA),
                                            samples and analyses underground water quality and would            Municipality of Saranda, Vlora Qark
                                            identify any problems in containment of landfill leachate.
                                            Control of leachate, including regulating the height of leachate
                                            above the liner system.
Landfill leachate or wastewater             Fully collected and treated in on-site leachate treatment system    Post-closure monitoring under EMMP    Regional Environmental
contaminates well drinking water            prevents pollution of underground water. EMMP regularly             and any required actions lies with    Agency (MEFWA),
                                            samples and analyses underground water quality and would            Municipality of Saranda, Vlora Qark
                                            identify any problems in containment of landfill leachate..
Final discharge from landfill leachate      Discharge conditions for this will be prescribed in the             Post-closure monitoring under EMMP    Regional Environmental
treatment system does not comply            Environmental Permit which will be issued by the Environment        and any required actions lies with    Agency (MEFWA),
with emission limits in National            and Forests Agency. The EMMP will set out a program of              Municipality of Saranda, Vlora Qark
legislation                                 regular sampling for the discharge point and would identify any
                                            situation of non-compliance with the Permit.
Wastewater transmission
Failure of transmission lines and           The EMMP will set out a program of regular sampling and             Post-closure monitoring under EMMP    Regional Environmental
spillage                                    analysis of underground water and surface water quality and         and any required actions lies with    Agency (MEFWA),
                                            would identify any problems in containment of landfill leachate     Municipality of Saranda, Vlora Qark
                                            or leachate transmission lines.
Failure of waterproofing membranes          The EMMP will set out a program of regular sampling and             Post-closure monitoring under EMMP    Regional Environmental
lining base and sides of landfill site      analysis of underground water and surface water quality and         and any required actions lies with    Agency (MEFWA),
                                            would identify any problems in containment of landfill leachate     Municipality of Saranda, Vlora Qark
                                            or leachate transmission lines.
Failure of waterproofing membranes          The EMMP will set out a program of regular sampling and             Post-closure monitoring under EMMP    Regional Environmental
lining base and sides of leachate           analysis of underground water and surface water quality and         and any required actions lies with    Agency (MEFWA),
treatment system                            would identify any problems in containment of landfill leachate     Municipality of Saranda, Vlora Qark
                                            or leachate transmission lines.
Odor
Generation of odor at the leachate          Ongoing monitoring of the performance of the leachate               Post-closure monitoring under EMMP    Regional Environmental
treatment system                            treatment system as set out in the Environmental Management         and any required actions lies with    Agency (MEFWA),
                                            and Monitoring Plan.                                                Municipality of Saranda, Vlora Qark
Generation of odor from burning             The release and burning of biogas will be related to the rates of   Post-closure monitoring under EMMP    Regional Environmental
biogas at the landfill site.                methanization within the landfill site. Routine monitoring to       and any required actions lies with    Agency (MEFWA),
                                            assess the odor exposure of sensitive receptors.. Place emphasis    Municipality of Saranda, Vlora Qark



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                                          on pre-acceptance screening and on the rejection of specific
                                          waste, ensuring that rejected wastes are transported and
                                          disposed in compliance with the legislation.


Summary of Environmental Mitigation Measures Waste Transfer Construction Phase
Environmental impact                      Mitigation                                                           Responsibility for mitigation                 Responsibility for
                                                                                                                                                             enforcement
Noise
On-site machinery during construction     Expected to be within acceptable levels. Workforce to wear ear       Works Contractor                              Regional Environmental
at the waste transfer station             protection. Responsibility of waste transfer site manager under                                                    Agency (MEFWA),
                                          the managing authority.
Wastewater
Collection, removal and treatment of      Toilets to be emptied and wastewater to be removed off-site to       Works Contractor                              Regional Environmental
wastewater from site construction         a wastewater treatment plant                                                                                       Agency (MEFWA),
workforce of approximately 40
persons


Summary of Environmental Mitigation Measures Waste Transfer Station Operational Phase
Environmental impact                      Mitigation                                                            Responsibility for mitigation                Responsibility for
                                                                                                                                                             enforcement
Noise
On-site machinery during operation at     Expected to be within acceptable levels. Workforce to wear ear        Waste Transfer Station Operator              Regional Environmental
the waste transfer station                protection.                                                                                                        Agency (MEFWA),
Wastewater
Collection, removal and treatment of      Toilets to be emptied and wastewater to be removed off-site to        Waste Transfer Station Operator              Regional Environmental
wastewater from site operation            a wastewater treatment plant                                                                                       Agency (MEFWA),
workforce of approximately 5 persons
Control of vermin
The control of vectors (flies, rodents,   Periodic vermin control on-site to reduce populations. The            Waste Transfer Station Operator              Regional Environmental
vermin and scavenging birds, etc.) as     control of vectors (flies, rodents, vermin and scavenging birds,      Mitigation of impacts will be specified      Agency (MEFWA)
set out in the Waste Transfer Station     etc.) will be addressed in the Waste Transfer Station                 in the works contract and in the
Operational Management Plan.              Operational Management Plan.                                          Operational Management Plan.


Summary of Monitoring activities for Landfill Construction
Environmental                  Monitoring activity                          Parameters                                     Methodology                          Frequency         Responsibility    Responsibility
compartment                                                                                                                                                                       for monitoring        for legal
                                                                                                                                                                                      activity       oversight and
                                                                                                                                                                                                      enforcement
Groundwater          Before the landfill is commissioned,       Temperature, pH, conductivity,           The monitoring will consist of the following          x1 prior to    Works Contractor     Construction
monitoring           groundwater chemical analyses will be      percentage oxygen saturation,            interrelated procedures:                              landfill                            Supervisor,
                     made using 3 piezometric drills with       chlorides, sulphates, fluorides,            measuring the level of water in the monitoring     commission     At the end of each   Regional
                     Well 1 placed upstream of the landfill,    phenols, hydrocarbons, metals               wells and the surface water control station        ing            calendar year,       Environmental
                     and Wells 2 and 3 placed downstream        (As, Cu, Cd, Cr total, Cr VI, Fe,           water sampling from the monitoring wells and                      summary data will    Agency
                     in the expected groundwater flow           Hg, Ni, Pb, Mg, Zn), and                    the ditch                                                         be provided to the   (MEFWA),
                     direction. The wells will be a minimum     ammoniacal, nitrogen, nitrous                                                                                 REA for



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Environmental                Monitoring activity                         Parameters                                 Methodology                     Frequency      Responsibility        Responsibility
compartment                                                                                                                                                        for monitoring           for legal
                                                                                                                                                                       activity          oversight and
                                                                                                                                                                                          enforcement
                    of 30 m depth.                            nitrogen and nitric nitrogen.         laboratory analyses of water samples                          information and
                                                                                                    processing and accumulation of monitoring                     for release to
                                                                                                    data                                                          public information
                                                                                                    reporting on long-term monitoring.                            or enquiry.
Surface water       Monitoring activity required only
monitoring          during operational and post-closure                        -                                          -                              -                -                    -
                    phases
Air quality         Monitoring activity required only
monitoring          during operational and post-closure                        -                                          -                              -                -                    -
                    phases
Leachate            Monitoring activity required only
monitoring          during operational and post-closure                        -                                          -                              -                -                    -
                    phase.
Leachate surface    Monitoring activity required only
level monitoring    during operational and post-closure                        -                                          -                              -                -                    -
                    phase.
Meteorological      Monitoring activity required only                          -                                          -                              -                -                    -
monitoring          during operational phase.
Landfill            Monitoring activity required only
settlement          during operational and post-closure                        -                                          -                              -                -                    -
monitoring          phase.


Summary of Monitoring activities for Landfill Operational Phase
Environmental                Monitoring activity                         Parameters                                 Methodology                     Frequency      Responsibility      Responsibility for
 compartment                                                                                                                                                       for monitoring        legal oversight
                                                                                                                                                                       activity         and enforcement
Groundwater        Monitoring shall consist of 3 monitoring   Temperature, pH, conductivity,      The monitoring will consist of the following      x4 times a    Landfill Facility    Regional
monitoring         wells with Well 1 placed upstream of the   percentage oxygen saturation,       interrelated procedures:                          year (every   Operator             Environmental
                   landfill, and Wells 2 and 3 placed         chlorides, sulphates, fluorides,       measuring the level of water in monitoring     3 months)                          Agency
                   downstream in the expected groundwater     phenols, hydrocarbons, metals          wells and surface water control station                      At the end of each   (MEFWA),
                   flow direction. The wells will be a        (As, Cu, Cd, Cr total, Cr VI, Fe,      water sampling from monitoring wells                         calendar year,
                   minimum of 30 m depth.                     Hg, Ni, Pb, Mg, Zn), ammoniacal,       laboratory analyses of water samples                         summary data
                                                              nitrogen, nitrous and nitric           processing and accumulation of monitoring                    will be provided
                                                              nitrogen.                              data                                                         to the Regional
                                                                                                     reporting on long-term monitoring.                           Environmental
                                                                                                                                                                  Agency for
                                                                                                                                                                  information and
                                                                                                                                                                  for release to
                                                                                                                                                                  public
                                                                                                                                                                  information or
                                                                                                                                                                  enquiry.
Surface water      Determine the chemistry of stormwater      Temperature, pH, electrical         Surface water monitoring will be carried out at   x4 times a    Landfill Facility        Regional
monitoring         upstream from the landfill site, and       conductivity, percentage oxygen     three sampling points, namely:                    year (every   Operator               Environmental



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Environmental              Monitoring activity                           Parameters                                  Methodology                         Frequency        Responsibility     Responsibility for
 compartment                                                                                                                                                              for monitoring      legal oversight
                                                                                                                                                                              activity       and enforcement
                 impact of any discharges from the            saturation, chlorides, sulphates,    point 1: located upstream from the leachate           3 months)                                Agency
                 leachate treatment plant on downstream       fluorides, phenols, hydrocarbons,    treatment plant before the channeling network to
                 standing or running surface water            metals (As, Cu, Cd, Cr total, Cr     monitor stormwater falling outside the landfill
                                                              VI, Fe, Hg, Ni, Pb, Mg, Zn),         area,
                                                              ammoniacal nitrogen, nitrous and     point 2: located downstream from the leachate
                                                              nitric nitrogen.                     treatment plant discharge, and
                                                                                                   point 3: located in the Kalasa river.
Landfill gas     Determine the emission of landfill biogas    CH4 CO2 O2 H2 H2S, total             Biogas will be monitored through biogas               x12 each        Landfill Facility   Regional
monitoring       at the torch.                                particulate matter, NH3,             sampling from the torch at a monthly frequency.       year (every     Operator            Environmental
                                                              mercaptans, VOC                      The torch is equipped with a biogas volume            month)                              Agency
                                                                                                   measurement device.                                                                       (MEFWA),
Air quality      Determine air quality impairment from        Methane hydrocarbons                 Air quality monitoring will be performed at two       x2 each         Landfill Facility   Regional
monitoring       the leachate treatment plant.                SOV, H2S, total particulate          different points. The first will be located up-wind   year (every     Operator            Environmental
                                                              matter.                              from the leachate treatment plant and the second      6 months)                           Agency
                 (Monitoring odour impacts by the „odour                                           down-wind from the leachate treatment plant.          to define air                       (MEFWA),
                 patrol‟ is described under environmental     Dioxins                                                                                    quality.
                 mitigation).                                                                                                                            Dioxin
                                                                                                                                                         annually. .
Leachate         Determine performance of the leachate         Conductivity, pH, temperature,      Samples collected directly from the leachate          x4 each         Landfill Facility   Regional
monitoring       collection system, define leachate quality    BOD5                                storage basin                                         year (every     Operator            Environmental
                 and evaluate leachate loading during         COD, total nitrogen, nitric                                                                3 months)                           Agency
                 landfill operation, and assess waste         nitrogen as NH3 and nitrous
                 stabilization within the landfill mass.      nitrogen as N, sulphates,
                                                              chlorides, metals (Pb, Cu, Cr IV,
                                                              Cr total, Hg, Ni, Zn, Mg, Ca, As
                                                              and Mn)
Leachate         Determine leachate collection system         Height in metres                     Measurement of leachate treatment basin level         x12 each        Landfill Facility   Regional
surface level    surface level during landfill operation.                                                                                                year (every     Operator            Environmental
monitoring                                                                                                                                               1 month)                            Agency
Meteorological   Define the meteorological characteristics    Rainwater volume, temperature        Meteorological parameters shall be provided           Daily           Landfill Facility   Regional
monitoring       of the landfill site location on a daily     (daily minimum and daily             from the nearest meteorological station, or in the                    Operator            Environmental
                 basis during landfill operation and          maximum), atmospheric pressure       absence of such data, sampling will be conducted                                          Agency
                 determine any impairment from landfill       and humidity, total and net solar    directly at the landfill site.
                 operation.                                   radiation, wind direction and wind
                                                              strength, evaporation
Landfill         Verify the landfill morphology, the total    Topographical surveys will be        The topographical surveys will determine              Performed       Landfill Facility   Regional
settlement       waste disposal volume, and the               located on the perimeter             mounding and compaction of the landfill.              periodically    Operator            Environmental
monitoring       remaining landfill capacity                  embankments and on the waste                                                               on an                               Agency
                                                              cell disposal surface.                                                                     annual or
                                                                                                                                                         bi-annual
                                                                                                                                                         basis.


Summary of Monitoring activities for Landfill Post-Closure Phase



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Environmental             Monitoring activity                          Parameters                                   Methodology                         Frequency      Responsibility for   Responsibility for
 compartment                                                                                                                                                              monitoring          legal oversight
                                                                                                                                                                            activity         and enforcement
Groundwater      Determine site impact on groundwater     Temperature, pH, conductivity,          The monitoring will consist of the following          x2 a year      Municipality of      Regional
monitoring       resources following site closure.        percentage oxygen saturation,           interrelated procedures:                              (every 6       Saranda, Vlora       Environmental
                 Sampling sites shall consist of 3        chlorides, hydrocarbons, metals (Cu,       measuring the level of water in the monitoring     months).       Qark                 Agency (MEFWA)
                 monitoring wells with Well 1 placed      Cd, Cr total, Fe, Ni, Pb, Mg, Zn),         wells and the surface water control station
                 upstream of the landfill, and Wells 2    and ammoniacal nitrogen.                   water sampling from the monitoring wells and                      At the end of each
                 and 3 placed downstream in the                                                      the ditch                                                         calendar year,
                 expected groundwater flow direction.                                                laboratory analyses of water samples                              summary data will
                 The wells will be a minimum of 30 m                                                 processing and accumulation of monitoring                         be provided to the
                 depth.                                                                              data                                                              Regional
                                                                                                  reporting on long-term monitoring.                                   Environmental
                                                                                                                                                                       Agency for
                                                                                                                                                                       information and
                                                                                                                                                                       for release to
                                                                                                                                                                       public information
                                                                                                                                                                       or enquiry.
Surface water    Determine the chemistry of               BOD5, percentage oxygen                 Surface water monitoring will be carried out at       x2 a year      Municipality of      Regional
monitoring       stormwater upstream from the landfill    saturation, chlorides, hydrocarbons,    three sampling points, namely:                        (every 6       Saranda, Vlora       Environmental
                 site, and impact of any discharges       metals (Cu, Cd, Cr total, Fe, Ni, Pb,   point 1: located upstream from the leachate           months).       Qark                 Agency (MEFWA)
                 from the leachate treatment plant on     Mg, Zn), and ammoniacal nitrogen        treatment plant before the channeling network to
                 downstream standing or running                                                   monitor stormwater falling outside the landfill
                 surface water following site closure.                                            area,
                                                                                                  point 2: located downstream the leachate
                                                                                                  treatment plant discharge, and
                                                                                                  point 3: located in the Kalasa river.
Landfill gas     Determine the emission of landfill       CH4 CO2 O2 H2 H2S, total                Biogas will be monitored through biogas               x2 each        Municipality of      Regional
monitoring       biogas at the torch following site       particulate matter, NH3, mercaptans,    sampling from the torch. The torch is equipped        year (every    Saranda, Vlora       Environmental
                 closure.                                 VOC                                     with a biogas volume measurement device.              6 months).     Qark                 Agency (MEFWA)

Air quality      Determine air quality impairment         Methane hydrocarbons                    Air quality monitoring will be performed at two       x1 each        Municipality of      Regional
monitoring       from the leachate treatment plant        SOV, H2S, total particulate matter.     different points. The first will be located up-wind   year           Saranda, Vlora       Environmental
                 following site closure.                                                          from the leachate treatment plant and the second      (annually).    Qark                 Agency (MEFWA)
                                                                                                  down-wind from the leachate treatment plant.
Leachate         Determine performance of the             Conductivity, pH, temperature,          Samples collected directly from the leachate          x2 each        Municipality of      Regional
monitoring       leachate collection system, define       BOD5                                    storage basin                                         year (every    Saranda, Vlora       Environmental
                 leachate quality and evaluate leachate   COD, ammoniacal nitrogen as N,                                                                6 months)      Qark                 Agency (MEFWA)
                 loading during landfill post-closure,    chlorides, metals (Pb, Cu, Cr total,
                 and assess waste stabilization within    Ni, Zn, Mg, Ca, As and Mn)
                 the landfill mass.
Leachate         Determine leachate surface level         Height in metres                        Measurement of leachate treatment basin level         x2 each        Municipality of      Regional
surface level    during landfill post-closure.                                                                                                          year (every    Saranda, Vlora       Environmental
monitoring                                                                                                                                              6 months)      Qark                 Agency (MEFWA)
Meteorological   Monitoring activity required only
monitoring       during operational phase.                                   -                                           -                                   -                  -                    -
Landfill         Verify post-closure landfill waste       Topographical surveys will be           The topographical surveys will determine              Performed      Municipality of      Regional
settlement       disposal volume                          located on the perimeter                mounding and subsidence of the landfill.              periodically   Saranda, Vlora       Environmental




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Environmental           Monitoring activity                        Parameters                               Methodology                       Frequency   Responsibility for   Responsibility for
 compartment                                                                                                                                                 monitoring         legal oversight
                                                                                                                                                               activity        and enforcement
monitoring                                           embankments and on the waste cell                                                        on an       Qark                 Agency (MEFWA)
                                                     disposal surface.                                                                        annual
                                                                                                                                              basis.


Summary of monitoring activities during operation of waste transfer station
Environmental           Monitoring activity                        Parameters                             Methodology                         Frequency   Responsibility for   Responsibility
 compartment                                                                                                                                                 monitoring            for legal
                                                                                                                                                              activity          oversight and
                                                                                                                                                                                 enforcement
Air quality     Determine air quality impairment     Odour                               Odour Patrol to monitor odour impact at sensitive   Daily.       Waste Transfer       Regional
monitoring      from the waste transfer station.                                         receptors in the surrounding area of the waste                   Station Operator     Environmental
                                                                                         transfer station.                                                                     Agency
Surface water   Determine surface water quality      Visual                              Wastewater discharge Patrol to monitor emission     Daily.       Waste Transfer       Regional
monitoring      impairment from the waste transfer                                       impact at sensitive receptors in the surrounding                 Station Operator     Environmental
                station                                                                  area of the waste transfer station.                                                   Agency




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                    3.3.2. Porto Romano Component

                             Baseline data

The hot spot is located north-east of Durrës. On one side there are hills, the coastline and the
Adriatic Sea, the other side is a plain mainly used for agricultural purposes. In the north of
the site, the plain is connected with the sea. The area of the site is approximately 50 ha.
Durrës is a dynamic industrial and recreational area while Porto Romano‟s direct vicinity is
also rapidly developing. The population is growing as new people settle. No measures have
been taken so far to stop the settlement of migrants. Near the entrance of the site there is a
school. The public transport and local traffic on the unpaved road cause significant dust and
congestion. . The construction of houses, etc., can be seen everywhere; some gardens look
like small farms. People operate small shops, micro enterprises and workshops to generate
additional income. In or near this area, there are dwells. 4 families17 lived on this site itself
(in total 16 inhabitants)
Present environmental conditions in the area can be summarized as follows:

Water
a) Groundwater
      There are high levels of total Lindane in the groundwater, covering ranges from
      2-47μg/L in the upper aquifer.
      The high levels of total chromium in the groundwater in the upper aquifer are between
      50 and 28,300 μg/L.
      The contamination of the upper aquifer mainly concerns the area of the lindane/
      dichromate site itself.
b) Surface water
      High levels of total chromium in surface water from 41 - 484 μg/L.

Soil and Contaminated Land
There are high concentrations of Lindane and chromium in soil, sediments and building
material, in the range 3 - 670,000 mg/kg Lindane. The contamination of soil has caused
negative impacts on the flora/ fauna, on grazing animals and has contaminated the
groundwater as described above.

Air Quality
The main impact on the air quality consists mainly in the strong smell and the seasonal spread
of contaminated dust

Flora and Fauna
Investigations have shown negative impacts on the flora and fauna. This caused an alteration
of the plants‟ cell structure, damaged their roots and inhibited them to grow. Insects are
affected by respiratory poison, which also applies to animals grazing in the area.

Landscape and Visual Impact Assessment
The obsolete buildings and disposal of residues, debris and solid waste have created a very
bad view of the area, which gives something like a post-war impression.
17
     The families have been resettled according to the Resettlement Action Plan during 2007, although the process
      is not fully completed, as resettlers had not been granted titles as of October 2009.


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Human Health
The heavy polluted site is a significant source of pollution for the environment and a very
high risk for the population exposed to it (inhabitants, population of Durrës city using
agricultural and other products from the area, tourists, etc). Lindane affects the nervous
system, liver and kidneys and may be carcinogenic. Hexavalent Chromium is toxic and
carcinogenic. Literature evidence shows that longer exposure to high level of toxicity causes
serious health risks. The most affected population groups are pregnant women and their
unborn babies and small children.

                       Environmental Impacts and Mitigation Measures

The above impacts after the completion of remediation activities will be addressed as the
main objective of this component is to improve the area environmental conditions by reducing
the pollution at Porto Romano/Durrës Industrial “hot spot” and significantly reduce human
and environmental health hazards on the neighboring population groups.

Specifically, the project will support remediation and rehabilitation of the toxic contaminated
site and will enhance the capacity of environmental agencies dealing with pollution and water
quality safety issues. The selected remedial actions at the Porto Romano contaminated site
aim to address: (i) public health risk through direct contact or incidental ingestion or
inhalation of contaminated soils; (ii) potential long term risk to groundwater from residual
constituents in the soils; and (iii) potential long-term risks associated with surface water
runoff.

Detailed site investigations have been undertaken to characterize the soil, groundwater,
sediment and surface water quality and to define the degree and horizontal and vertical extent
of contamination as the basis for designing a remediation plan.

The Environmental Impact Assessment for the Porto Romano Remediation was disclosed in
the country on January 30, 2008 and in the Infoshop on August 14, 2009. An overview of the
Mitigation Measures is provided in the table below.




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Media                  Project Phase            Description of impact               Associated Activities                              Mitigation measures
AIR                    Remediation Operations   Dust emission                       Construction and filling of the landfill;               Reduction of the stockpiling period to a
                                                                                    excavation and transport operations                     minimum, to minimize exposure to wind erosion,
                                                                                                                                            especially in case of contaminated soil,
                                                                                                                                            Soft sprinkling of stockpiled loose material;
                                                                                                                                            Paving of the routes for transport with coarse
                                                                                                                                            material;
                                                                                                                                            Use of covered trucks for off-site transport.
                       Remediation Operations   Polluting substances emission       Exhaust gas emission from engines of                    Trucks and engines used during operations shall
                                                in the air                          vehicles                                                be maintained to minimize exhaust fumes and
                                                                                                                                            prevent black smoke
                                                                                                                                            Compressors and generators must be kept off
                                                                                                                                            from areas close to residential houses
                       Post Remediation,        Air quality improvement with        Containment of the contaminated soil in the        Not required (Positive impact)
                       Operation and            particular reference to air smell   capped landfill (no exposure to wind erosion
                       Maintenance                                                  and dispersion)
                                                Soil gas production ( limited)      Presence of Sulphur from Hotspot 1                     The landfill will be equipped with a gas collection
                                                                                                                                           system and vent pipes;
                                                                                                                                           Periodical monitoring of emissions from the
                                                                                                                                           landfills vent pipes will be included in the
                                                                                                                                           monitoring program.
SOIL AND               Remediation Operations   Leaching of contaminants in         Exposure of the lower levels of soil to rainfall       During Landfilling operations the waste water
GROUNDWATER                                     underlying groundwater              and wind erosion due to soil excavation of soil        collected in the drainage system shall be
                                                                                    in contaminated areas                                  pumped via vacuum trucks and sent to
                                                                                                                                           treatment.
                                                Cross –contamination of           Excavation and transport of contaminated soil            The contaminated soil shall be kept separated
                                                contaminated soil with clean soil (dispersion in the air and subsequent                    from the non contaminated soil.
                                                                                  deposition and inappropriate stockpiling in              The surface where the contaminated soil is kept
                                                                                  clean-soil areas)                                        shall be preliminarily covered with HDPE sheets.
                                                Increase of the vulnerability of    Landfilling operations increasing the load of          The landfill design ensures that the risk of
                                                the groundwater.                    contaminants in the landfill area (while the           leakage from the basin into the subsoil and
                                                                                    leachate drainage system is not in operation)          groundwater is avoided.
                                                Oil spillage from trucks and        Machine breaking or mishandling during refill          Procedures for waste oil disposal and for
                                                other operating machine             or changing of lubricant oil.                          prevention and emergency response for oil
                                                                                                                                           spillages from the operating machines will be
                                                                                                                                           required to contractors.
                                                                                                                                           In periods of non operation the machines will be
                                                                                                                                           kept on paved areas




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Media                  Project Phase              Description of impact                 Associated Activities                             Mitigation measures
                       Post remediation,          Improvement of the quality of         The contaminated soil will be removed so as       Not required (Positive impact)
                       Operation and              soil and groundwater in the           to ensure that the residual concentrations for
                       Maintenance                remediated areas                      the different areas comply with the
                                                                                        requirements for the following uses:
                                                                                        Hotspot 1: Industrial Use
                                                                                        Hotspot 2: Residential Use
                                                                                        Hotspot 4: Industrial Use.
                                                                                        An improvement of groundwater quality is
                                                                                        expected in long term due to the confinement
                                                                                        of the sources of pollution into the landfill.
SURFACE WATER          Post remediation,          Waste water discharge into            Discharge of waste water from the landfill        The drainage collection sumps will be periodically
                       Operation and              surface water bodies                  leachate drainage system                          emptied by means of vacuum trucks. Liquid waste will
                       Maintenance                                                                                                        be properly disposed of.
NOISE                  Remediation Operations     Noise disturbance (limited                Demolition activities (area of Hotspots 1,         Activities will be scheduled in order to avoid
                                                  duration, day time only)                  2 and 4)                                           noise sensitive time periods;
                                                                                            Excavation (area of Hotspot 1, 2 and 4             Sources of noise such as compressors and
                                                                                            and in wider areas 1 and 2)                        generators must be positioned so as to minimize
                                                                                            Transport                                          impact to areas of intense human activity;
                                                                                                                                               Engines must be switched off when not in use.
NATURAL AND            Post remediation,          Improvement of the                    Remediation Project                               Not required (Positive impact)
SENSITIVE AREA         Operation and              environmental conditions of the
                       Maintenance                area and positive effect on the
                                                  surrounding habitats.
LANDSCAPE              Post remediation,          Improvement of the landscape          Demolition of the existing remains of prior       Not required (Positive impact)
                       Operation and              of the area.                          industrial buildings and skeleton structures
                       Maintenance
PUBLIC HEALTH AND      Post remediation,          Improvement of the                    Remediation Project                               Not required (Positive impact)
SAFETY                 Operation and              environmental and public health
                       Maintenance                conditions of the area
SOCIO-ECONOMIC         Remediation Operations     Employment                            Recruitment of personnel in the area              Not required (Positive impact)
                       Post remediation,          Socio-Economic improvement            Remediation Project                               Not required (Positive impact)
                       Operation and              due to future availability of land
                       Maintenance                resources in the area where
                                                  industrial or residential buildings
                                                  can be safely installed.
COMMUNITY ISSUE        Remediation Operations -   Access to the area and use of         Interdiction of the access to the areas of the        The balance between areas used for the
                       Post remediation,          downgradient wells                    site (No crossing should be allowed neither to        construction of the landfill and decontaminated
                       Operation and                                                    people nor to cattle).                                areas is positive;
                       Maintenance                                                      Interdiction of the use downgradient wells from       Groundwater use shall be restricted.
                                                                                        the contaminated sites




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Dust monitoring activities during the Construction Works will be executed by the Contractor
and Construction Supervisor. With respect to after care monitoring and maintenance program,
a legal covenant is included in the restructured Credit Agreement to ensure that an after care
program for the Porto Romano site is agreed and signed by MoEFWA and Municipality of
Durres.

               3.3.3. Saranda Port Component

The objective of the Saranda Port Component is to allow access of cruise liners in order to
facilitate passenger access to the Southern Coast by port reconstruction of to extend the
existing 60 m long cargo quay to an 180m new berth front with 9 meter water depth, paving
and drainage, fencing, and utilities.. The adverse effects mainly associated with the operation
of the new port of Saranda can be considered as limited and of a small scale, since the
proposed works concern the expansion of an already operating harbor. In order to facilitate
the conversion from a cargo quay to cruise berth front, the Government of Albania has
invested in the works for the refurbishing of a cargo berth facility inside the Bay of Limioni.

The Environmental Impact Assessment was disclosed in the country on May 28, 2007 and in
the Infoshop on June 14, 2007.

As part of the EIA, sediment samples were taken and analyzed partly in Albania and partly in
Italy. The level of both PAH and TBT is high in the inner part of Limioni Bay where both the
fishing port and the military port is situated. The level of TBT is also high close to the main
passenger ferry quay in Saranda Port. Water quality measurements were carried out during the
course of this project. They show that the total coli-form bacteria are found to be less than
220/100 ml and the faecal coli are found to be less than 110/100 ml. This indicates that the
bathing water quality is acceptable compared with EU requirements. The composition of
marine vegetation indicates no massive eutrophication. The establishment of a sewage
collector in 2003 has obviously stopped most of the discharge of sewage into Saranda Bay.
The content of heavy metals in the water samples taken inside the project area is generally
below or close to the EU water quality criteria. The elevated values at station in the North-
eastern part of Saranda Bay could possibly be related to an outlet of sewage or wastewater in
this area. The stations in the inner part of Limioni Bay exhibit high values of copper, which is
expected to be related to the mooring of fishing vessels in the port. The water samples were
also analyzed for TBT and all values were below the detection limit of 0.01 μg/l.

The project area was surveyed by side-scan sonar, magnetometer and by divers to identify any
important archaeological objects at the seabed. The conclusion from the study is that no
archaeological objects of significant importance are present in the project area. The benthic
vegetation was investigated by a major diving and sampling inspection in the project area.
The vegetation comprises seagrass, macro-algae and epiphytes on leaves and rhizomes of,
especially, the seagrass Posidonia oceanica. The seagrass beds are the most widely distributed
and the most important habitats in the project area. Seagrass communities play a key role in
terms of primary production, nutrient cycling, sediment stabilization, absorption of wave
energy, and provision of “nursery” habitat. The area in front of the passenger terminal is
characterized by relatively little seagrass and dead mattes whereas the area on the marine
headland between Saranda and Limioni represents the environmentally most valuable area.
From a general consideration of the benthic fauna in Saranda and Limioni bays, investigated
by divers and biologists, the species richness is low and the abundance relatively high in
muddy sea beds, while in sea beds covered by Posidonia the contrary situation is found with


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relatively high species richness and low abundance. The area with valuable flora and fauna
are far from the construction sites, so no significant impact on the Flora and Fauna is expected
because of the port construction works.

An overview of the Main Mitigation and Monitoring Measures is provided in the tables
below.

Monitoring Plan
Phase           What                        Where      is      the   How is the         When is the       Respon     Responsibility
                parameters will             parameter     to    be   parameter to be    parameter to      sibility   to Operate
                be monitored?               monitored?               monitored/ type    be monitored      to
                                                                     of monitoring      frequency of      install
                                                                     equipment          measurement
                                                                                        or continuous
Construction    Sea water quality:          2 control points:        Water sampler,     Monthly           Contra     Environmental
and             1. transparency             1) 30m off the cruise    Secchi disc,       during, April     ctor/Po    Inspector
operation       2. dissolved oxygen         liner terminal in        Oxygen probe       through           rt
                3. E-Coli bacteria          Saranda                  or Winkler         October           Authori
                                            2) 30m off the           analysis, and                        ty
                                            fishing quay in          laboratory
                                            Limioni                  analysis
                Sediments:                  30m off the cruise       Sediment           Every second      Contra     Environmental
                1.Heavy           metal     liner terminal in        sampler      and   year              ctor/Po    Inspector
                contents: lead, copper,     Saranda                  laboratory                           rt
                zinc, tin                                            analysis                             Authori
                2.PAH                                                                                     ty
                3.TBT
                Noise                       1. Residential area N    Measurement        Monthly           Contra     Environmental
                                            of passenger terminal    of noise           during     day    ctor/Po    Inspector
                                            2. Residential area      intensity at       time,             rt
                                            West of passenger        control points                       Authori
                                            terminal                                    Monthly           ty
                                            3. Residential area                         during night
                                            East of Limioni quay                        time
                Waste                       Port area                Keep an            Daily,            Port       Environmental
                                                                     obligatory         annual report     Directo    Inspector
                                                                     record                               r


Mitigation Plan
Issue Construction                               Mitigation Measure                             Responsibility
Reception of oily ship waste                     Installation of reception services on shore    Contractor
                                                 for disposal of oily waste from ships
Reception of wastewater           from    port   Sewage system and tank for port operation      Contractor
construction
Dredged materials                                Dredging in line with World Bank and           Contractor
                                                 international environment, health and safety
                                                 guidelines for Port and Harbor facilities
Noise and emissions                              Preparation of noise and emission plan         Contractor
                                                 describing the organization of the
                                                 construction site with specifications for
                                                 environmental measures
Issue Operation                                  Mitigation Measure                             Responsibility
Waste                                            Provide containers for different types of      Port Authority
                                                 waste and contract a waste collection
                                                 company
Waste                                            Gather and store all dangerous waste           Port Authority
                                                 according to regulations on conditions for
                                                 dangerous waste management
Noise                                            Use of low noise technology and vehicles       Port Authority
Traffic                                          Managing ballast water in accordance with      Port Authority
                                                 IMO guidelines for control and management
                                                 of ship ballast waters
Oil spills                                       Oil spill contingency plan is to be prepared   Port Authority
                                                 in accordance with guidelines given by
                                                 REMPEC


As part of the EIA, water and sediment samples have been taken and analyzed for parameters
of salinity, nitrate, ortho-phosphate, chlorophyll-alpha, turbidity and heavy metals were


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carried out. The results showed acceptable levels which would not require on site disposal of
the dredged materials. Specific dumping locations will be subject to approval of the
construction supervisor. Before dredging starts, the contractor will execute a pre-dredging
survey. If as a result of the pre-dredge surveys, or any other investigations, undertaken by the
Contractor, objects including ordinances and/or wrecks are encountered within the areas to be
dredged or reclaimed, the Contractor shall raise with his own plant and equipment the
aforementioned objects, ordnance and/or wreck and dispose of the same in a safe manner
acceptable to the Governmental Authorities as well as the Construction Supervisor.

In the longer term due to the forecasted increase of passengers through the port, a traffic
management plan for tourist busses going to and from Butrint will have to be elaborated by
Saranda Municipality together with stakeholders. This could involve widening of roads,
changing one way roads, etc. in the future. The investments for the traffic route from and to
the port are not part of the current investments under the Integrated Coastal Zone
Management and Clean-up Project. In addition, fresh fruit and vegetable road stalls are
located close to the port entrance for which the municipality has approved a new location
close-by for safety reasons. The works on the port rehabilitation however, do not affect these
fruit and vegetable stalls, except for noise and some dust during construction as well as
increased construction traffic.

               3.3.4. Coastal Village Conservation and Development Component

The expected sub-projects include rural and urban roads and streets, water supply, sewerage,
community centers and parks.

The typical impacts expected for the various components of these types of projects and the
recommended mitigating measures that may be adopted for each of them are detailed in 4.6.4
for each of the sub-project types and are summarized below. However, as the degree and
scope of the impacts will vary according to their type and scope, the mitigating measures may
vary too.

                       Construction and General Impacts

In general the environmental considerations for the construction of each sub-project will
include one or more environmental hazards such as health and safety hazards for the
construction workers and the public; noise; restrictions to access; dust - leading to adverse air
quality; soil and/or water pollution from fuel and oil, lack of suitable toilet facilities, waste
materials, surface run-off, etc; excavation of materials and disposal of surplus soil/earth and
other materials, risks to environmentally sensitive areas, flora and fauna, etc.

Some sub-projects may be in areas of or encounter items of cultural value. Poor design, which
does not account for protection of cultural assets including selection of materials and/or
construction practices, may cause loss of or damage to cultural heritage value. .

As the duration of each sub-project is expected to be no more than 12 months, and the works
may not take place in each area at the same time, the beneficiaries may only feel some of the
impacts for a short time. However, some impacts may be both short-term (construction
phase) and long term (operation phase). These can include safety, visual impacts, noise,
impacts to environmentally sensitive areas, drainage patterns, etc. These effects/risks will be
assessed on a case-by-case basis and will be addressed through measures specific to each sub-


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project, as suggested by the sub-project designer and any EIA and EMP prepared for the sub-
project.

                       Water supply

Additional impacts specifically associated with the rehabilitation and construction of water
supply systems can include interruptions or changes in existing service regimes and possible
effects on water quality.

Operational impacts include managing the resource in a sustainable manner, to avoid
over-utilization and negative impacts on the associated environment. There may also be some
visual impacts, noise from pumps, accidents associated with chlorination and impacts from
the disposal of increased amounts of wastewater, uncontrolled leakage, etc.

                       Rural and suburban roads and streets

Additional impacts specifically associated with the rehabilitation and reconstruction of roads.

Operational impacts generally include noise and vibration, air quality and other such
nuisances, changes in traffic patterns – usually increases, vehicle and pedestrian safety,
provision of improved and changed drainage patterns, and impacts from other supporting
infrastructure such as retaining walls, culverts, bridges, etc.

                       Small bridges and footbridges

In addition to the effects associated with construction works for roads and streets (for the
bridge approaches - but on a smaller scale), the impacts associated with the rehabilitation and
construction of small bridges and footbridges generally center on changes to the river regime
and the riverbanks, and on aquatic habitats and water quality, around the bridge structures and
downstream. These impacts may be of a temporary nature and could include pollution by
construction materials as well as the effects of the construction itself.

These construction impacts may also remain during the operation phase. The risk of pollution
should only be associated with any maintenance required.

                       Wastewater, drainage and sewerage

Additional impacts specifically associated with the rehabilitation and construction of drainage
and sewerage include interruptions or changes in existing services, smell, health risks and
possible effects on water quality – including drinking water services. Construction of a river
outfall may also have the same affects as described under Bridges (above).

Impacts associated with the operation of sewerage and wastewater treatment systems will
generally focus on any treatment facility that may be provided, and the outfall/disposal points.
The most likely impacts are expected to be visual, smell and pollution of water resources -
especially if the effluent is inadequately treated. The location of the outfall/discharge point
may also affect the river regime, as described under Bridges (above).

Poor attention to operation and maintenance may cause flooding, creating various kinds of
public nuisance and risks to health, including contamination of water supplies. Cleaning of
sewers, septic, tanks, etc., will also create smells and access problems, although these should


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 both be temporary. Materials removed during cleaning are not expected to be hazardous and
 could therefore be disposed after drying at the landfill near Bajkaj that will be constructed.

                         Minor buildings (cultural buildings, information centers, parks)

 Impacts associated with the rehabilitation and construction of minor buildings, etc., will also
 be limited, and apart from any sanitation services provided and the disposal of any other
 wastes generated, they will also be relatively local.

 During the operation phase issues such as increased traffic – pedestrian and vehicular, safety,
 noise, lighting, etc., may have to be considered.

  (i)   Checklists of possible mitigation measures for likely impacts for the various sub-
        projects expected under this component.

 The following checklists illustrate possible mitigation measures, and are not intended to be
 comprehensive. Any mitigation measures required for a sub-project will be determined by a
 process of environmental assessment during the design stage and by any EIA conducted.
 Suggested EA checklists suitable for use at the pre-feasibility and feasibility stages may be
 found in Annex 3

                        Table 12: Mitigation Check List: Water Supply

 Environmental                  Possible Impacts                       Mitigation Measures
  Components
Physical Environment
Soils                  Damage to soil structure due to           Protect non-construction areas, avoid
                       material storage, construction traffic,   work in sensitive areas during highly
                       etc.                                      adverse conditions, provide
                       Loss of topsoil during excavation         temporary haul roads as appropriate,
                       Effects of excavation for/disposal of     restore damaged areas
                       soil and other materials                  Strip topsoil where necessary, store
                       Erosion due to uncontrolled surface       and replace post construction
                       run-off and wastewater discharge          Design drainage and other disposal
                                                                 facilities to ensure soil stability
Land                   Damage to land during construction        Protect non-construction areas
                       Landslips on embankments, hillsides,      Design works to minimize land
                       etc.                                      affected
                       Impacts from excavation for/disposal      Design slopes & retaining structures
                       of soil and other materials               to minimize risk, provide appropriate
                                                                 drainage, soil stabilization/vegetation
                                                                 cover
                                                                 Strip topsoil as necessary and store,
                                                                 replace/reuse post construction
                                                                 Take/dispose of materials from/at
                                                                 approved sites




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 Environmental                   Possible Impacts                       Mitigation Measures
  Components
Water Resources          Over-exploitation, causing changes in    Determine sustainable use/yield (test
                         resources, flow patterns, etc., with     as required)
                         possible impact on downstream users/     Resource planning and management,
                         users elsewhere (if groundwater)         in conjunction with authorities &
                         Interruption of surface and              communities
                         underground drainage patterns during     Careful design - maintain natural
                         and post construction, creation of       drainage where possible, provide
                         standing water                           suitable wastewater drainage,
                         Contamination/pollution of resource      safe/sanitary disposal of hazardous
                         and/or supply by construction, human     wastes
                         and animal wastes, including fuel &      Careful design, adequate protection
                         oil, hazardous wastes, wastewater,       from/control of livestock; agriculture,
                         etc.                                     casual human contact, hazardous
                                                                  materials - fuel (including storage),
                                                                  etc.
Air Quality              Dust and fumes during construction       Control dust with water, control
                         Impacts from water treatment             construction methods and plant,
                                                                  timing of works, vehicle speeds
                                                                  Minimize major works inside
                                                                  communities
                                                                  Appropriate design, training in O&M,
                                                                  safety
Acoustic                 Noise disturbance from construction      Time work to minimize disturbance
Environment              works, pump stations (if near house/s)   Use appropriate construction methods
                                                                  & equipment
                                                                  Restrict through-traffic in residential
                                                                  areas
                                                                  Careful siting and/or design of plant,
                                                                  provide noise barriers e.g.
                                                                  embankments of waste soil
Biological Environment
Natural Habitats         Disturbance of natural habitats from     Careful siting, alignment, design of
                         construction, e.g. dust, noise,          pipelines and structures, and/or
                         un-seasonal working, poor siting of      timing of works (seasonal)
                         new works, disposal of untreated         Select disposal areas and methods
                         wastes, etc.                             carefully Protect sensitive areas
                         Changes in water resources regime        within/close to site
                                                                  Ensure compliance with minimum
                                                                  seasonal flow requirements
Fauna and Flora          Loss or degradation during and post      Careful siting, alignment and/or
                         construction, especially due to          design to minimize impacts,
                         un-seasonal working, changes in          especially for any sensitive/rare
                         environment regimes, etc (see also       species
                         above)                                   Select appropriate construction
                                                                  methods
                                                                  Protect sensitive areas within/close to
                                                                  site




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 Environmental                 Possible Impacts                     Mitigation Measures
  Components
Social Environment
Aesthetics and        Local visual impact of completed        Careful siting and design of works,
Landscape             works and some intrusions into          screening of intrusive items
                      general manmade and natural             Replace lost trees, boundary
                      landscape, loss of trees, vegetation,   structures, etc., revegetate work areas
                      etc.                                    Careful de-commissioning of
                      Noise, dust, wastes, etc., during and   construction areas and disposal of
                      post construction                       wastes
                                                              See also Soil, Land, Air Quality and
                                                              Acoustic
Human Health          Health and safety hazards during and    Appoint experienced contractors.
                      post construction                       Incorporate safety and environmental
                      Health impacts and diseases from        requirements in contract documents.
                      hazardous construction materials        Provide information on mitigating
                      wastes, contaminated water, improper    measures. Capacity building to
                      water treatment                         emphasize need for safe working,
                                                              good supervision, careful planning
                                                              and scheduling of work activities,
                                                              involve communities, fence
                                                              hazardous areas
                                                              Correct design and adequate training
                                                              in O&M of plant, safety procedures,
                                                              water testing, etc.
                                                              Correct disposal of waste
Historical/Cultural   Disturbance/damage/degradation to       Careful siting/alignment of works;
Sites                 known and undiscovered sites            special measures to project known
                                                              resources/areas
                                                              Development of a chance finds
                                                              procedure, consisting of an action
                                                              plan aligned with Albanian
                                                              legislation/regulation and
                                                              international good practices to
                                                              describe the step by step procedures
                                                              and responsible entities.




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   Table 13: Mitigation Check List: Rehabilitation of Rural and Urban Roads and Streets

 Environmental                  Possible Impacts                        Mitigation Measures
  Components
Physical Environment
Soils                  Damage to soil structure due to           Protect non-construction areas, avoid
                       material storage, construction traffic,   work in sensitive areas during highly
                       etc.                                      adverse conditions, provide
                       Loss of topsoil during excavation for/    temporary haul roads as appropriate,
                       disposal of construction materials        restore damaged areas
                       Erosion due to uncontrolled surface       Strip topsoil where necessary, store
                       run-off and wastewater discharge          and replace post construction
                                                                 Design drainage, structures to ensure
                                                                 soil stability
Land                   Damage to land during construction        Protect non-construction areas
                       Landslips on embankments, hillsides,      Design works to minimize land
                       etc.                                      affected
                       Impacts from excavation for/disposal      Design slopes & retaining structures
                       of soil and other materials               to minimize risk, provide appropriate
                                                                 drainage and soil
                                                                 stabilization/vegetation cover
                                                                 Strip topsoil as necessary and store,
                                                                 replace/reuse post construction
                                                                 Take/dispose of materials from/at
                                                                 approved sites
Water Resources        Interruption of surface and               Careful design, maintain natural
                       underground drainage patterns during      drainage where possible, consider
                       and post construction, creation of        alternative alignments
                       standing water                            Store hazardous materials and wastes
                       Contamination/pollution of resource       carefully, provide suitable wastewater
                       by construction, human and animal         drainage and safe waste disposal
                       wastes, including hazardous wastes,       Mitigate run-off velocities and
                       fuel & oil, wastewater, sediments, etc.   volumes, provide
                       Increase in runoff and risk of flooding   retention/sedimentation ponds as
                       Flooding due to clogging of drains        necessary
                       and drainage structures, etc.
Air Quality            Dust during and post construction,        Control dust with water
                       according to road surface                 Control construction methods and
                       Traffic fumes during and possible         plant, timing of works
                       increase post construction                Restrict vehicle speeds and through-
                                                                 traffic in residential areas, during and
                                                                 post construction
                                                                 Careful design, especially at
                                                                 hazardous locations




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 Environmental                    Possible Impacts                        Mitigation Measures
  Components
Air Quality              Dust during and post construction,        Control dust with water
                         according to road surface                 Control construction methods and
                         Traffic fumes during and possible         plant, timing of works
                         increase post construction                Restrict vehicle speeds and through-
                                                                   traffic in residential areas, during and
                                                                   post construction
                                                                   Careful design, especially at
                                                                   hazardous locations
Acoustic                 Noise disturbance from construction       Time work to minimize disturbance
Environment              works, traffic – speed, quantity and      Use appropriate construction methods
                         type of traffic during and post           & equipment
                         construction                              Restrict vehicle speeds and through-
                                                                   traffic in residential areas, especially
                                                                   trucks, using signing and appropriate
                                                                   design
Acoustic                 Noise disturbance from construction       Time work to minimize disturbance
Environment              works, traffic – speed, quantity and      Use appropriate construction methods
                         type of traffic during and post           & equipment
                         construction                              Restrict vehicle speeds and through-
                                                                   traffic in residential areas, especially
                                                                   trucks, using signing and appropriate
                                                                   design
Biological Environment
Natural Habitats         Disturbance or loss of natural habitats   Careful
                         and disturbance of protected areas,       siting/alignment/placement/design of
                         during and post construction              structures (especially for new roads),
                                                                   and/or timing of works (seasonal)
                                                                   Select disposal areas and methods
                                                                   carefully, Protect sensitive areas
                                                                   within/close to site
Fauna and Flora          Loss or degradation during and post       Careful siting and/or design to
                         construction, especially due to           minimize impacts, especially for
                         un-seasonal working, changes in           sensitive/rare species
                         environmental regimes, e.g.               Consider alternative alignments
                         disruption to wildlife movements          and/or location of structures
                         causing increased road kills, etc. (see   Select appropriate construction
                         also above)                               methods
                                                                   Protect sensitive areas within/close to
                                                                   site
                                                                   Work seasonally, as appropriate




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 Environmental                 Possible Impacts                     Mitigation Measures
  Components
Social Environment
Aesthetics and        Local visual impact of completed        Careful siting and design of works,
Landscape             works and some intrusions into          screening of intrusive items
                      general manmade and natural             Replace lost trees, boundary
                      landscape, loss of trees, vegetation,   structures, etc., revegetate work areas
                      etc.                                    Careful de-commissioning and
                      Noise, dust, wastes, etc during and     reinstatement of construction areas,
                      post construction                       and disposal of wastes
                                                              See also Soil, Land, Air Quality and
                                                              Acoustic
Human Health          Health and safety hazards during and    Appoint experienced contractors.
                      post construction                       Incorporate safety and environmental
                      Health impacts from hazardous           requirements in contract documents.
                      construction materials and wastes,      Provide information on mitigating
                      pedestrian and vehicle accidents,       measures. Capacity building to
                      Transport of hazardous substances       emphasize need for safe working,
                                                              good supervision, careful planning
                                                              and scheduling of work activities,
                                                              involve communities, fence
                                                              hazardous areas
                                                              Correct disposal of wastes
                                                              Correct design, including safety
                                                              measures at hazard points, fencing,
                                                              road signs, etc.
                                                              Restrict movement of hazardous
                                                              materials in residential areas
Human                 Social change (new roads)               Appropriate design to minimize
Communities                                                   social impact (see generally above)
Historical/Cultural   Disturbance/damage/degradation to       Careful siting/alignment of works;
Sites                 known and undiscovered sites            special measures to project known
                                                              resources/areas
                                                              Development of a chance finds
                                                              procedure, consisting of an action
                                                              plan aligned with Albanian
                                                              legislation/regulation and
                                                              international good practices to
                                                              describe the step by step procedures
                                                              and responsible entities.




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               Table 14: Mitigation Check List: Small Bridges and Footbridges

 Environmental                  Possible Impacts                        Mitigation Measures
  Components
Physical Environment
Soils                  Damage to soil structure due to           Protect non-construction areas, avoid
                       material storage, construction traffic,   work in sensitive areas during highly
                       etc.                                      adverse conditions, provide temporary
                       Loss of topsoil during excavation for/    haul roads as appropriate, restore
                       disposal of construction materials        damaged areas
                       Erosion due to uncontrolled surface       Strip topsoil where necessary, store
                       run-off                                   and replace post construction
                       Degradation of riverbanks and bed         Design drainage and other disposal
                       post construction, especially through     facilities to ensure soil stability
                       changed hydraulics and flow patterns      Careful design of abutments, piers and
                       and erosion                               protecting works
Land                   Damage to land during construction        Protect non-construction areas
                       Landslips on embankments, hillsides,      Design works to minimize land
                       etc.                                      affected
                       Impacts from excavation for/disposal      Design slopes & retaining structures
                       of soil and other materials               to minimize risk, provide appropriate
                                                                 drainage and soil
                                                                 stabilization/vegetation cover
                                                                 Strip topsoil as necessary and store,
                                                                 replace/reuse post construction
                                                                 Take/dispose of materials from/at
                                                                 approved sites
Water Resources        Interruption of surface and               Careful design, maintain natural
                       underground drainage patterns during      drainage and river flow patterns
                       and post construction, creation of        wherever possible, consider
                       standing water                            alternative alignments and structures
                       Contamination/pollution of resource       Store hazardous materials and wastes
                       by construction, human and animal         carefully, provide suitable drainage
                       wastes, including hazardous wastes,       and safe waste disposal
                       fuel & oil, wastewater, sediments, etc.   Where possible execute construction
                                                                 during dry season
                                                                 Mitigate run-off velocities and
                                                                 volumes, design outfalls accordingly
Air Quality            Dust and fumes during construction        Control dust with water
                       Traffic fumes post construction (for      Control construction methods and
                       road bridge)                              plant, timing of works
                                                                 Restrict vehicle speeds in residential
                                                                 areas
                                                                 Appropriate design
Acoustic               Noise disturbance from construction       Time work to minimize disturbance
Environment            works and traffic during and post         Use appropriate construction methods
                       construction – speed, quantity and        & equipment
                       type (for road bridge)                    Restrict vehicle speeds in residential
                                                                 areas, especially trucks, using signing
                                                                 and appropriate design



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 Environmental                    Possible Impacts                         Mitigation Measures
  Components
Biological Environment
Natural Habitats         Disturbance or loss of natural habitats    Careful siting/alignment/ design
                         during and post construction               (especially for new bridges), and/or
                         (especially aquatic), due to hydraulics,   timing of works (seasonal)
                         changed flow patterns, etc.                Select disposal areas and methods
                         Disturbance of protected areas             carefully, Protect sensitive areas
                                                                    within/close to site
Fauna and Flora          Loss or degradation during and post        Careful siting and/or design to
                         construction, especially due to            minimize impacts, especially for
                         un-seasonal working, changes in            sensitive/rare species
                         environmental regimes, e.g. disruption     Consider alternative alignments and/or
                         to fish spawning sites, to wildlife        location of structures
                         movements (approach roads), etc.           Select appropriate construction
                         (see also above)                           methods
                                                                    Protect sensitive areas within/close to
                                                                    site
                                                                    Work seasonally, as appropriate
Social
Environment
Aesthetics and           Local visual impact of completed           Careful siting and design of works,
Landscape                works and some intrusions into             screening of intrusive items
                         general manmade and natural                Replace lost trees, boundary
                         landscape, loss of trees, vegetation,      structures, etc., revegetate work areas
                         etc.                                       Careful de-commissioning and
                         Noise, dust, wastes, etc., during and      reinstatement of construction areas,
                         post construction                          and disposal of wastes
                                                                    See also Soil, Land, Air Quality and
                                                                    Acoustic
Human Health             Health and safety hazards during and       Appoint experienced contractors.
                         post construction                          Incorporate safety and environmental
                         Health impacts from hazardous              requirements in contract documents.
                         construction materials and wastes,         Provide information on mitigating
                         pedestrian and vehicle accidents (for      measures. Capacity building to
                         road bridges),                             emphasize need for safe working,
                         Transport of hazardous substances          good supervision, careful planning
                                                                    and scheduling of work activities,
                                                                    involve communities, fence hazardous
                                                                    areas
                                                                    Correct disposal of wastes
                                                                    Correct design, including safety
                                                                    measures at hazard points - especially
                                                                    pedestrian/vehicle interaction, e.g.
                                                                    fencing, barriers, road signs, etc.
                                                                    Restrict movement of hazardous
                                                                    materials, in residential areas, apply
                                                                    any load restrictions required during
                                                                    and post construction




  100222_ICZMCP_Final_ESSF_February 2010              47                                    February 2010
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  Environment and Social Safeguards Framework

 Environmental                 Possible Impacts                    Mitigation Measures
  Components
Historical/Cultural   Disturbance/damage/degradation to     Careful siting and alignment of works;
Sites                 known and undiscovered sites          special measures to project known
                                                            resources/areas
                                                            Development of a chance finds
                                                            procedure, consisting of an action plan
                                                            aligned with Albanian
                                                            legislation/regulation and international
                                                            good practices to describe the step by
                                                            step procedures and responsible
                                                            entities.




  100222_ICZMCP_Final_ESSF_February 2010          48                                February 2010
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              Table 15: Mitigation Check List: Wastewater, Drainage and Sewerage

  Environmental                 Possible Impacts                        Mitigation Measures
   Components
Physical Environment
Soils                   Damage to soil structure due to           Protect non-construction areas, avoid
                        material storage, construction traffic,   work in sensitive areas during highly
                        etc.                                      adverse conditions, provide
                        Loss of topsoil during excavation for/    temporary haul roads as appropriate,
                        disposal of construction materials        restore damaged areas
                        Erosion due to uncontrolled surface       Strip topsoil where necessary, store
                        run-off                                   and replace post construction
                        Pollution at discharge point, possibly    Design drainage and other disposal
                        leading to groundwater pollution          facilities to ensure soil stability and
                                                                  appropriate treatment
Land                    Landslips on embankments, hillsides,      Protect non-construction areas
                        etc.                                      Design works to minimize land
                        Impacts from excavation for/disposal      affected
                        of soil and other materials               Design slopes & retaining structures
                                                                  to minimize risk, provide appropriate
                                                                  drainage and vegetation cover
                                                                  Strip topsoil as necessary and store,
                                                                  replace/reuse post construction
                                                                  Take/dispose of materials from/at
                                                                  approved sites
Water Resources         Changes in regime from excavation         Store hazardous materials and wastes
                        for/disposal of soil, waste materials,    carefully, provide suitable
                        etc                                       wastewater drainage and safe waste
                        Contamination/pollution from              disposal
                        construction, human and animal            Select appropriate technology for
                        wastes, including fuel & oil,             wastewater treatment to minimize
                        hazardous wastes, wastewater and          pollution, especially in sensitive
                        sewage – especially from discharge if     locations, e.g. close to drinking water
                        not connected to existing sewer.          source, and operate and maintain
                        Eutrophication of surface water           correctly/ according to agree
                        leading to habit changes, etc.            discharge standards provide O&M
                                                                  training
                                                                  Site treatment works appropriately,
                                                                  or incorporate into larger wastewater
                                                                  systems, provide any treatment
                                                                  necessary to meet required standards,
                                                                  plus training
Air Quality             Dust and fumes during construction        Control dust with water
                        Hazardous gases in manholes and           Control construction methods and
                        during disinfection (if chlorine gas)     plant, timing of works
                                                                  Restrict vehicle speeds in residential
                                                                  areas
                                                                  Appropriate design
                                                                  Proper operation, monitoring system
                                                                  in place



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 Environmental                   Possible Impacts                      Mitigation Measures
  Components
Acoustic                 Noise disturbance from construction     Time work to minimize disturbance
Environment              works and traffic                       Use appropriate construction
                                                                 methods & equipment
                                                                 Restrict vehicle speeds in residential
                                                                 areas, especially trucks
Biological Environment
Natural Habitats         Disturbance or loss of natural          Careful siting/design of structures
                         habitats and disturbance of protected   and/or timing of works (seasonal)
                         areas, during and post construction     Select disposal areas and methods
                         Changes due to eutrophication of        carefully, Protect sensitive areas
                         surface water                           within/close to site
Fauna and Flora          Disturbance or loss, especially         Careful siting, alignment and/or
                         aquatic animals and vegetation from     design to minimize impacts,
                         eutrophication of surface water,        especially for any sensitive/rare
                         (effect of water pollution)             species
                                                                 Select appropriate construction
                                                                 methods
                                                                 Protect sensitive areas within/close to
                                                                 site
                                                                 Abatement of pollution by a proper
                                                                 effluent treatment and disposal.
Social Environment
Aesthetics and           Local visual impact of completed        Careful siting and design of works,
Landscape                works and some intrusions in general    screening of intrusive items
                         manmade and natural landscape, loss     Replace lost trees, boundary
                         of trees, vegetation, etc.              structures, etc., re-vegetate work
                         Noise, dust, wastes, etc., during and   areas
                         post construction                       Careful de-commissioning and
                         Unpleasant odors from treatment         reinstatement of construction areas,
                         facility, disposal point and/or         and disposal of wastes during and
                         polluted water course                   post construction, including proper
                                                                 O&M of treatment facility and
                                                                 training in both
                                                                 See also Soil, Land, Air Quality and
                                                                 Acoustic




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  Environmental                Possible Impacts                     Mitigation Measures
   Components
Human Health           Health and safety hazards during and   Appoint experienced contractors.
                       post construction                      Incorporate safety and environmental
                       Health impacts from hazardous          requirements in contract documents.
                       construction materials and untreated   Provide information on mitigating
                       wastes                                 measures. Capacity building to
                                                              emphasize need for safe working,
                                                              good supervision, careful planning
                                                              and scheduling of work and O&M
                                                              activities, involve communities,
                                                              fence hazardous areas
                                                              Careful siting and design of works
                                                              Correct disposal of wastes, based on
                                                              selection of most appropriate
                                                              technology; training in O&M
                                                              operation and maintenance plans
Human                  Impacts may be concentrated            Adequate treatment prior to
Communities            downstream in other communities        discharge
                                                              Adequate consultation of potentially
                                                              affected communities
Historical/Cultural    Disturbance/damage/degradation to      Careful siting/alignment of works;
Sites                  known and undiscovered sites           special measures to project known
                                                              resources/areas
                                                              Development of a chance finds
                                                              procedure, consisting of an action
                                                              plan aligned with Albanian
                                                              legislation/regulation and
                                                              international good practices to
                                                              describe the step by step procedures
                                                              and responsible entities.




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   Table 16: Mitigation Check List: Community Centers, Information Centers, Parks

 Environmental                   Possible Impacts                    Mitigation Measures
  Components
Physical Environment
Soils                    Contamination from waste               Protect non-construction areas
                         materials, especially construction     Provide adequate storage, and
                         and human wastes                       appropriate treatment and disposal
                                                                of all wastes
Land                     Landslips on embankments,              Protect non-construction areas
                         hillsides, etc.                        Design works to minimize land
                         Impacts from excavation                affected
                         for/disposal of soil and other         Design slopes & retaining structures
                         materials                              to minimize risk, provide
                                                                appropriate drainage and vegetation
                                                                cover
                                                                Strip topsoil as necessary and store,
                                                                replace/reuse post construction
                                                                Take/dispose of materials from/at
                                                                approved sites
Water Resources          Contamination/pollution of resource    Store hazardous materials and
                         by construction, human and animal      wastes carefully, provide suitable
                         wastes, including fuel & oil,          wastewater drainage and safe waste
                         hazardous wastes, wastewater, etc.     disposal, with treatment as
                                                                necessary
Air Quality              Dust and fumes during construction     Dust control by water or otherwise
                         (internal and/or external, including   Ventilation of internal areas both
                         volatile construction materials)       during and post construction

Acoustic                 Noise disturbance from construction    Use appropriate construction
Environment                                                     methods & equipment
                                                                Time work to minimize disturbance
Biological Environment
Natural Habitats         Disturbance of natural habitats,       Store, treat and dispose of wastes
                         especially from improper waste         appropriately
                         disposal
Fauna and Flora          Loss or degradation due to improper    Store, treat and dispose of wastes
                         waste disposal                         appropriately




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 Environmental                 Possible Impacts                     Mitigation Measures
  Components
Social Environment
Aesthetics and         Local visual impact of parts of         Careful siting and design of works,
Landscape              completed works and some                screening of intrusive items
                       intrusions in landscape, loss of        Replace lost trees, boundary
                       trees, vegetation, etc.                 structures, etc., revegetate work
                       Noise, dust, wastes, etc., during and   areas
                       post construction                       Careful de-commissioning of
                                                               construction areas and disposal of
                                                               wastes
                                                               See also Soil, Land, Air Quality and
                                                               Acoustic
Human Health           Health and safety hazards during        Appoint experienced contractors.
                       and post construction, including        Incorporate safety and
                       user access and comfort and             environmental requirements in
                       handling of wastes                      contract documents. Provide
                       Health impacts from hazardous           information on mitigating
                       construction materials, and             measures. Capacity building to
                       untreated wastes                        emphasize need for safe working,
                                                               good supervision, careful planning
                                                               and scheduling of work and O&M
                                                               activities, involve communities,
                                                               fence hazardous areas
                                                               Careful design of works and
                                                               accesses
                                                               Correct storage of medical items,
                                                               etc., and careful disposal of wastes,
                                                               based on selection of most
                                                               appropriate technology; training in
                                                               handling, O&M plans, etc.
Historical/Cultural    Disturbance/damage/degradation to       Development of a chance finds
Sites                  undiscovered sites                      procedure, consisting of an action
                                                               plan aligned with Albanian
                                                               legislation/regulation and
                                                               international good practices to
                                                               describe the step by step procedures
                                                               and responsible entities.

(ii)   Specific requirements for EIAs:

Any deep drilling carried out for water supply will have to undergo an EIA, as specified in the
Law on EIA.

According to the Albanian Law on EIA any wastewater treatment systems constructed will
have to undergo a Summary EIA. According to World Bank procedures this will treated as a
category A project. The foreseen wastewater treatment system/sea outfall of Himare will have
a full EIA in line with category A requirements.




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           4. Social Safeguards: Resettlement Policy Framework for
              Preparation of Resettlement Action Plans
This Resettlement Policy Framework (RPF) is prepared in support of the Albania ICZMCP
Project. The RPF is consistent with the World Bank policy (O.P 4.12), on Involuntary
Resettlement and serves as a guide for the preparation and implementation of Resettlement
Action Plans (RAPs) which may be needed to redress impacts on affected people where land
acquisition is associated with specific sub-projects undertaken in the Project.

Investment-specific RAPs shall be submitted to the Bank for approval / no objection when the
scope and design of sub-project civil works are available, at least 3 months (90 days) prior to
the anticipated commencement of sub-project construction works. Construction work will not
actually begin, however, until the Bank has approved the RAP covering that specific
investment. In the event of a discrepancy between Albanian jurisprudence and Bank policy,
the latter will prevail. The following sections provide detailed guidance.

The project does not anticipate significant land acquisition associated with its components.
Some ICZMCP sub-projects will involve limited land acquisition. The Southern Coastal Solid
Waste Management component includes construction of a municipal landfill in Bajkaj with a
transfer station in Himare. The detailed design study for the landfill identifies the need for
acquisition of two private parcels of land. The RAP for the Porto Romano Hot Spot Clean-up
site had been prepared and approved as part of project preparation by MoEFWA and has
subsequently been partially implemented, but the resettlement needs to be completed
consistent with the principles of the ESSF and with the agreed-upon RAP18. Land acquisition
may be necessary for community infrastructure investments to be made under the Coastal
Village Conservation and Development subcomponent. The port development component,
which includes port reconstruction in Saranda to facilitate tourists in the Souther Coast, will
take place within the confines of an existing port facility. However, changes in traffic patterns
and access to the port will be assessed to identify any associated impacts. In most cases
compensation for land acquired is likely to suffice as a remedy; however the RPF also
includes measures to redress economic displacement of people, if necessary.

                       4.1. Principles and objectives governing Social Safeguards in the ESSF

Resettlement Action Plans address impacts caused by the taking of land which is needed to
achieve project objectives. All displacement is considered to be involuntary when the affected
parties do not have the option to remain in place or retain ownership or control their land.
Taking of land necessary for the fulfilment of a World Bank-supported project is covered by
the Policy Framework regardless of the source of financing. Impacts may result in physical
displacement, (loss of residence and other assets), and / or economic displacement, (such as
loss of land-based income, displacement from access to resources, places of work, or
locational advantages for commerce). Impacts affect formally recognised property owners,
renters, or businesses, but can also affect informal land users, who are often vulnerable and
poor, for whom a given plot of land or location provides shelter or income-earning
opportunities. All affected people, regardless of their land tenure status, are eligible for
assistance with resettlement.


18
     Resettlement of the families on the Porto Romano site has been completed, but the transfer of the titles is
      ongoing.


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The basic principles of the World Bank Resettlement Policy are:

a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all
   viable alternative project designs.
b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived
   and executed as sustainable development programs, providing sufficient investment
   resources to enable the persons displaced by the project to share in project benefits.
   Displaced persons should be meaningfully consulted and should have opportunities to
   participate in planning and implementing resettlement programs.
c) Displaced persons should be assisted in their efforts to improve their livelihoods and
   standards of living or at least to restore them, in real terms, to pre-displacement levels or
   to levels prevailing prior to the beginning of project implementation, whichever is higher.

The objective of this Social Safeguards section of the ESSF is to ensure that, where land
acquisition is unavoidable, project-affected persons (PAPs) will be compensated for lost
assets at full replacement cost, without deduction for depreciation, transfer fees or taxes, or
for any other purpose. In the event of economic displacement, affected persons will be
provided with assistance to help them, at a minimum, restore income streams to pre-
displacement levels, or where poverty and vulnerability prevail, to improve their livelihoods
and standards of living. To support this objective, the following guidelines will apply for the
preparation of Resettlement Action Plans needed for any infrastructure investment under the
restructured project:

   During the sub-project preparation process, consideration of technical options shall
   include an assessment of the need for land acquisition, so that design alternatives
   effectively minimize resettlement impacts. RAPs will document alternatives considered
   and selected in this regard.
   Consultations with affected people and relevant stakeholders during sub-project
   preparation shall be transparent and inclusive aimed not only at providing information but
   also taking account of issues raised by the affected people themselves.
   A baseline socio-economic census will be undertaken to identify all affected people and
   inventory all land and other assets affected. The socio-economic census will gather
   sufficient data on income streams for affected households to determine if land acquisition
   will negatively affect income and standard of living. The initiation date for conducting the
   socio-economic census shall serve as a cut-off date for eligibility to entitlements for
   projected-affected persons. A draft RAP shall be publicly disclosed and affected persons
   will be consulted on its provisions prior to its finalization. The finalized RAP, following
   approval by the Bank, will also be publicly disclosed.
   Lack of formal title (land/house/business, other assets) does not preclude an affected
   person‟s right to assistance to achieve the objectives of this Framework. Cases in which
   an affected person does not have formal title/ownership will be reviewed to ensure that
   such cases are handled consistent with this Framework and with regard to the project‟s
   objectives and the such arrangements are satisfactory to the Bank.;
   Temporary resettlement shall be avoided except in situations where the health or safety of
   nearby residents or business persons is at risk due to construction. Where temporary
   displacement is unavoidable, solutions may include temporary housing similar to existing
   housing, payments for rental expenses, compensation for lost business profits, etc.
   Resettlement plans shall be coordinated with the construction work schedule. Evictions,
   demolitions or site preparation and construction shall not begin until families or
   businesses have been consulted and relocated and any compensation or assistance due has


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   been delivered to the affected parties or other arrangement satisfactory to the Bank has
   been made.
   Special attention shall be given to vulnerable people who, for reasons of economic status,
   age, health status or other condition, are unable to cope with displacement without
   assistance.

                 4.2. Albanian Legal Framework and World Bank OP 4.12

Law 8561, dated 22.12.1999, On Expropriations and Temporary Takings of Private Property
for a Public Interest and four Council of Ministers Decisions define the procedures for
expropriation of immovable property in Albania. The expropriation of private properties is
done only for a public interest and with fair compensation. Expropriation is completed by a
Decision of the Council of Ministers based on the proposal of the Minister, who is competent
under the law. In general, expropriations may be carried out for projects and investments in
the territory of Albania, for the protection of environment, culture and public education, for
the protection of archaeological, historical or cultural monuments and for the protection of
public health and security. Law 8561 requires that direct notification procedures for the intent
to expropriate begin within 10 days after the relevant Ministry accepts the expropriation
request. In addition, a one-week publication period in a national newspaper is required.

Albanian law does not allow for compensation to persons encroaching upon public land or for
constructions undertaken without official authorization. However, under the provisions of
OP/BP 4.12, people encroaching on public land are: (a) entitled to compensation for
improvements made to the land (such as structures, perennial crops and trees), as well as (b)
resettlement assistance in order to avoid lowering their standard of living or livelihood by
expropriation or resettlement, if they occupied the land before an established cut-off date.

The value of immoveable property is determined by a Valuation Commission that bases its
calculation on the respective Decision of Council of Ministers for approval of land prices
determined for different regions, and on the last 3-month average of sales of similar properties
registered in the Immovable Property Registration System. World Bank Policy OP 4.12 states
that payment of cash compensation for lost assets is appropriate only where active markets for
land, housing, and labor exist. In Albania, there are no major legal impediments to the land
market that prevent displaced persons from purchasing alternative land or housing with the
compensation or assistance received from the government as a result of expropriation.
Furthermore, Albania has an active market in immovable property that – according to a
review of recent purchases -- application of compensation at “market value” corresponds to
the Bank standard of full replacement cost.

Notification of the final Decision of the Council of Ministers on expropriation is made
directly to the owners of the expropriated property, who have the right to appeal in court
within 30 days from receiving notice but only with regard to the amount of compensation
specified in the decision. However, an appeal of a decision of the Council of Ministers for
expropriation does not stay implementation of the decision and the respective procedure for
the transfer of title of the expropriated property.

In addition to the Ministries involved in the expropriation, other institutions hold relevant
information and must be consulted in the process as well. One of the main institutions is the
Immovable Property Registration System IPRS [Zyra për Regjistrimin e Pasurive të
Paluajtshme]. The IPRS administers all spatial and legal ownership data related to immovable



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property. In addition to ownership information, other real rights are registered in the IPRS as
well. When the property in question is located in a cadastral zone that has completed First
Registration and the data have been transferred to the IPRS, the expropriation process can
proceed in a relatively straightforward manner. When a Cadastral Zone has not completed
First Registration, the expropriating entity relies on documents issued by the local land
commissions in rural areas and several other types of documents for urban areas.

                 4.3. Categories of Affected Persons, Eligibility Criteria, and
                      Compensation

The taking of land can result in the loss of shelter and assets, loss of land-based income or
locational advantages for commerce or employment. Those eligible to receive benefits
include landowners, tenants and other occupants who have: (a) formal title to land; (b) those
whose property rights are recognized in law; and also (c) those who do not have formal or
recognizable legal rights to land they are occupying informally.

The RPF provides for resettlement assistance to informal occupants to assist them to find
alternative shelter of reasonable quality and to maintain or improve their standard of living.
Informal occupants who are documented in the baseline census-survey as being present in
their location are entitled to resettlement assistance.

                 4.4. Preparation of Resettlement Action Plans

The MoEFWA for the Porto Romano Hot Spot Clean-up component, which was approved by
the World Bank, has previously prepared a RAP. The MoPWTT will prepare sub-project-
specific Resettlement Action Plans and submit them for Bank review at least 3 months (90
days) prior to the anticipated commencement date for physical work on the Southern Coastal
Solid Waste Management landfill. If land acquisition is required for infrastructure
investments under the Coastal Village Conservation and Development Program or the
Saranda Port, RAPs will be prepared and submitted to the Bank for no objection at least 3
months in advance of the anticipated start of civil works.

1.     Resettlement Action Plans will include the following sections:

       Project description, including maps and locations; review of alternative sites
       considered to minimize resettlement;
       Documentation of consultations and key issues raised by affected persons and
       relevant stakeholders;
       Provision to affected people of contact information in the event of questions,
       problems, or grievances.
       Census survey of all affected households which:
       1) differentiates affected people on the basis of tenure / ownership status of land and
           assets and compiles inventories of such land and assets;
       2) a process for the valuation of land and assets based on unit costs which reflect
           replacement values and the cost of transfers, legal documentation, etc.;
       3) identification of poor and / or vulnerable people who may require special
           assistance;
       Assessment of any impacts on livelihoods and remedies for income restoration.
       An entitlement matrix that specifies eligibility criteria, compensation rates, income-



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       restoration measures, and other remedial actions required to meet the objectives of the
       RPF.
       Timetable for implementation (coordinated with the construction timetable).
       Budget and source of funds.
       Organisational arrangements and responsibilities for RAP implementation.
       Arrangements for monitoring, reporting, and evaluation / closure.

                 4.5. Consultations with Affected People

It is fundamental that affected persons are informed about land acquisition and resettlement
impacts and have an opportunity to participate in the planning of project opportunities that
affect them. In addition to documenting the expropriation procedures indicated above,
representatives from the project entity (MoPWTT, MoEFWA), and other institutions
implementing project components will hold open public consultations in the project area to
discuss land acquisition, compensation and resettlement aspects, the scope and timing of the
project, and will take account of any salient issues raised by affected parties and relevant
stakeholders. Project-affected people will be advised of their options and rights and informed
of contact points and persons in the event of problems or questions about project-related
issues going forward. The content and results of the consultation process shall be recorded in
minutes, and the project sponsor should indicate whether, or how, concerns raised during
consultations have been incorporated into project design and RAP finalization.

                 4.6. Description of the Implementation Process and Responsible
                      Institutions

The implementation of land acquisition will be synchronized with the implementation
schedule for construction to ensure that land acquisition does not occur before necessary
mitigation measures have been carried out and entitlements have been provided.

Project entities: The responsibility for implementation of the Porto Romano Resettlement
Action Plan rests with the MoEFWA. The MoPWTT is responsible for the preparation of the
Land Acquisition Plan for the landfill prior to construction. Any Land Acquisition and
Resettlement Action Plans required under the Coastal Village Conservation and Development
Program will be prepared by the MoPWTT. The preparation of a Land Acquisition /
Resettlement Action Plan for a particular community investment in any specific village
should be incorporated in the TOR for the design consultant involved in the sub-project in
question. Financial responsibility for resettlement and expropriation procedures lies with the
Ministry of Finance. Bank Loan funds may not be used for land acquisition.

                 4.7. Grievance Redress Mechanisms

Grievance redress will be available at three stages:
   1) The Project Implementation Team will hire a resettlement expert (short term of about
       10 working days) who will be available to affected people to discuss land acquisition
       issues. This expert will assist with initial consultations to determine compensation unit
       values and remedies and will be available throughout implementation to attend to
       issues which may arise, such as assistance with titles; delivery of entitlements,
       damages or other issues which arise during construction etc. The resettlement expert
       will serve to facilitate resolution of grievances at the project level.




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   2) The project will engage a local grievance committee composed of : representative of
      the project, a representative of the affected community, and a independent chair
      person individual recognised as a neutral party, (e.g. retired judge, academic, or
      community leader), who will assist with determination of appropriate remedies in
      cases which cannot be resolved by the resettlement expert. The project entity will
      maintain a record of grievances received, and the result of attempts to resolve these.
      This information will be included in the regular progress reporting.
   3) As a last recourse, the Expropriation Law also provides for an appeals process.
      Complainants are entitled to legal representation and should be able to present
      evidence and grounds for their appeal.

                 4.8. Arrangements for Monitoring and Evaluation

During implementation, the project entity shall routinely monitor progress of the RAP to
ensure that the Resettlement Action Plan is being effectively implemented. A monitoring
framework, including frequency of reports, satisfactory to the Bank shall be prepared for the
RAP. This monitoring framework shall include key indicators, including activities for
outreach and consultations, public information, land acquisition, compensation, assistance
provided to vulnerable and the poor and provisions for mitigating impact on livelihoods of
affected parties. MoPWTT will notify the Bank promptly and will take remedial measures if
necessary. The project entity will maintain a record of grievances received and measures
taken for resolution. This information will be included in the regular progress reporting.

       5. Process Framework for Butrint National Park
The process to be followed during Project implementation will consist of the following key
steps:

                 5.1. Participatory Planning Approach

Following-up on the consultations conducted during preparation, communes and local
authorities will continue to participate in the project throughout implementation contributing
to the updating of the protected areas management plan for Butrint National Park. Through a
well-designed participatory process, the management plan aims to gain public acceptance for
not only natural and cultural resources management proscriptions identified in the
management plan, but also possible restrictions to the use of resources which may be
necessary to en ensure the long-term sustainability of these resources. The management plan
will aim at developing a more in-depth understanding of: (a) the types and extent of
community involvement in legal and illegal use of land, pastures, and natural resources in
protected areas, (b) the existing de jure and de facto rules and institutions for the use of this
resource; (c) the potential livelihood impacts of increased restrictions on these activities; (d)
communities‟ suggestions and/or view on the types of activities that are considered
unsustainable and need to be curtailed as a priority; (e) community suggestions and / or views
on possible mitigation measures to help alleviate the adverse impacts of such restrictions; (f)
potential conflicts over the implementation of proposed interventions and methods for solving
them; and (g) design of measurement of baseline indicators for the monitoring and evaluation
of the Process Framework. The terms of reference for the updating of the management plan
will specifically outline the participatory approach to be followed as well as the tasks listed
above.




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                 5.2. Contact Person for Process Framework

The Butrint National Park Administration (BNPA) will be responsible for the updating and
implementation of the protected areas management plan A contact person will be nominated
in the BNPA to take responsibility for the implementation of the Process Framework. This
official should be a senior-level staff of the organization and will apply the Process
Framework.

                 5.3. Community Mitigation and Resource Management

If adverse impacts are unavoidable, the consultations will focus on identifying measures to
assist subsistence users to improve or restore their livelihoods whole maintaining the
sustainability of Butrint National Park. The Management Plan will include a section that
describes the community mitigation and resources management actions to be implemented by
the BNPA, targeted at individuals and communities whose livelihoods will potentially be
affected by implementation of the updated management plan. The actions will be selected in
such a manner that they will not require major additional funding from the Government.

                 5.4. Local Management Forum

A Local Management Forum (LMF) will be established to update the protected areas
management plan. The LMF will comprise the members of the local council, and at least one
representative from each affected community or village, and NGOs. The forum will select its
own chairperson. The Butrint National Park Board will facilitate a process of joint
consultation of the protected areas management plan.

                 5.5. Monitoring and Evaluation Arrangements

As part of the monitoring of social development outcomes, the PCU will hire consultants to
carry out annual socio-economic surveys to monitor progress of the project at regular
intervals. These surveys will be tailored to measure impact of the protected areas
management plan against the initial socio-economic baseline carried out during the
preparatory phase. A strategy for participatory monitoring of beneficial and adverse impacts
within the Butrint National Park will be put in place during project implementation.

                 5.6. Plan of Action

The updated protected areas management plan will serve as the Plan of Action required b the
Bank‟s policy on Involuntary Resettlement to be developed and submitted to the Bank during
implementation prior to enforcement of existing and new laws and regulations governing
access to resources.

       6. Cultural Assets
                 6.1. Description of the Legal, Institutional and Administrative
                      Framework

               6.1.1. Albanian Legal Provisions

Matters relating to cultural heritage are governed by Law Nr. 9048, “For the Cultural
Heritage”, dated April 7 2003. The articles related to restoration, preservation and chance


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finds19 during construction are considered particularly relevant to the ICZMCP. Their key
provisions are summarized below. The competent authorities are identified in Table 21.

The Law requires any persons who discover or excavate, at random, objects of cultural
heritage during construction works to suspend work immediately and inform the relevant
local authorities20 within three days. These bodies are then responsible to make the respective
check of the objects found, to report on their values and make the proposals on the
continuation of the works or halting them for further investigation. These bodies may also
decide on any changes or eventual interruption of the works to preserve the objects found

For any large construction projects the investors have to consult the relevant authorities
during the drafting of the project and applying for construction permission. The experts will
check the area and prepare their respective report and any modifications required to
accommodate or protect any important cultural objects. The proposal to modify the project
must be delivered by the institutions having performed the checking. The expenses for these
modifications must be covered by the investors themselves.

Any restoration of any objects of cultural heritage, e.g. a public building protected by order of
the competent authorities, must be carried out by persons licensed for such works. Any
objects restored by out-of-government institutions must be supervised by the competent
government institution(s). The area surrounding a cultural monument is considered a
protected area, and works to be executed must be authorized by the competent body.

Any costs or expenses incurred from any changes required by the competent authorities, at
any project stage, for any of the above situations, including any scientific searches required,
and any necessary restoration or preservation activities, have to be met totally by the investor.
However, in the case of the restoration of items of cultural heritage certain funds are available
from the relevant authorities, according to the category of the monument.

                  6.1.2. Administrative Framework

Under Albanian law the MoTCYS is the body legally responsible for matters relating to
cultural heritage. It has a number of directorates and institutes under its authority, as indicated
in the following table.

Table 21: Structure of the Ministry of Tourism, Culture, Youth and Sports (MoCYS)

          Units                                 Governing         Mission/duties/activities
                                                Authority

          Directorate of Cultural Heritage      MoTCYS            Defines Cultural Heritage
                                                                  Policies
                                                                  Drafts Legislation for the
                                                                  protection preservation and
                                                                  restoration of Cultural
                                                                  Heritage
          Institute of Cultural Monuments       Directorate       Protection of built heritage
                                                of Cultural       Reviews requests to list and
                                                Heritage          de-accession monuments
19
     unexpected objects discovered by chance
20
     local government units, Institute of Archaeology, Institute of Cultural Monuments


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        (IoCM)                                            Applies a 6 month moratorium
                                                          for evaluation process
                                                          Surveys sites for determining
                                                          protection area.
                                                          Authorizes restoration,
                                                          utilization of site
        National Center of the Cultural   Directorate     Records and registers heritage
        Resources Inventory               of Cultural     values
                                          Heritage        Records relocations
        National Council of Restoration   MoTCYS          Executes and/or supervises
                                                          restoration works
        Academy of Sciences               Parliament
        Institute of Archaeology          Academy of      Proposes studies and projects
        (IoA)                             Sciences        to MoTCYS
                                                          Authorizes excavations,
                                                          restoration, utilization of site
                                                          Lists archaeology sites and
                                                          protects them.
                                                          Cooperates with IoCM for
                                                          surveying.
                                                          Authorizes temporary
                                                          relocation of movable heritage
                                                          Approves nomination (decree)
                                                          and administration of listed
                                                          monuments submitted by
                                                          MoTCYS

The Institute of Cultural Monuments (IoCM) performs its activities in collaboration with the
Regional Directorates of Cultural Monuments (RDCM). RDCMs are established in different
regions of the country. There are two RCDM offices in the project area, in Vlore and
Sarande. The RDCMs undertake the protection and management and the preservation and
restoration of cultural monuments. The MoTCYS makes and approves the RDCM budgets for
activities including the restoration of cultural monuments, personnel and operating costs and
services, as recommended by the IoCM. The restoration works are carried out either by
specialized state institutions, the RDCM itself or by persons or companies licensed for such
works by the National Council of Restoration. The Institute of Archeology (IoA) and the
IoCM are responsible to make investigations of any chance finds discovered in the course of
any works, and to report on the values found and make the proposals for the continuation of
the works, or their modification or cessation. They are also responsible for checking the site
of any large works prior to any application for a Construction Permit, and producing a report
of their findings. There is an obligation on these bodies to require modifications to the
proposed works if there is any evidence of items of cultural value.

Any works to be executed in a culturally designated area, or in the surrounding protection
zone, have to be permitted by the IoA or the IoCM before a Construction Permit can be
issued. All restoration projects have to be approved by the National Council of Restoration
before they are authorized by the IoCM.

                 6.2. Guidelines & Procedures

Good practice measures for the protection of cultural property will be integral to the design
and implementation of the Project, and will be applied to investments such as water supply,


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sewage and drainage, pavement improvements, rural roads, and other municipal
infrastructure, as well as investments specifically associated with items of cultural value.

The MoPWTT, via the PCU, will be responsible for the screening process and ensuring that
the LGUs follow the required cultural heritage procedures elaborated upon below. The PCU
shall monitor and support the screening process and satisfy itself that the procedures are being
followed to the satisfaction of the Albanian Law and World Bank policy. In the event of any
deviations or unreasonable delays it shall seek the advice of the relevant party/parties and
provide any necessary support and advice to overcome/correct the problems.

The process will comprise:
      Step 1: Cultural heritage screening: The LGU/sub-project proposer will determine
      whether the works (i) will involve any major excavations21 as defined in the Law;
      (ii) will require any form of construction in a cultural heritage area22 or a buffer zone,
      as defined in the Law, or (iii) might otherwise be reasonably suspected of encountering
      any objects of cultural value. In cases of determination of a form of construction in a
      cultural heritage area or buffer zone or where cultural value objects are expected to be
      found, a reconnaissance survey will be undertaken in the field by a specialist and the
      details of the sub-project will be submitted to the IoCM and/or IoA for review.

          Step 2: Cultural heritage assessment. Within fifteen (15) days of receipt of the
          application the IoCM and IoA shall advise the LGU/sub-project proposer in writing of
          any possible cultural interest(s) in the site, any intentions concerning any investigations
          planned and their expected duration, any public consultations required and/or their
          outline requirements for the sub-project design. If no interest is stated the design and
          implementation process may continue without further reference to these bodies.

          If any interest is expressed the IoCM and IoA shall examine the site of the proposed
          Works and, according to the results, determine whether the Works may go ahead as
          planned, shall be modified in any way, or they shall not be permitted. This shall be
          stated in writing, within the expected investigation period. In the event of any delays
          or extension of the investigation period the LGU/sub-project proposer shall also be
          advised in writing, and the extra time required.

          At least one public consultation shall be held. This may be as part of the EIA process
          if there are to be EIA consultations. Otherwise the consultation shall be held before
          finalizing the design. In the case of cultural heritage or high chances of chance finds
          the final design shall be submitted IoCM and/or IoA for its formal review and approval
          before submission to the World Bank for its „no objection‟.

          Step 3: World Bank Approval: On receipt of the IoCM/IoA decision the
          LGU/sub-project proposer will forward a copy to the PCU, MoPWTT, accompanied by
          the documentation required for review by the World Bank. The PCU shall satisfy itself
          of the appropriateness of the decision, confirm to the Bank that the applicable
          procedures have been followed, and submit the documentation for review.




21
     Chance finds may also occur at minor excavations sites.
22
      1st category cultural monument, 2nd category cultural monument, preliminary protection, watching.


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         The World Bank will review the information provided and, if it considers the
         assessment and the decision are appropriate and satisfactory, will provide a „no
         objection‟ and the sub-project may proceed to implementation, i.e. application for a
         Construction Permit; alternatively it will suggest areas where strengthening is needed
         before a no-objection can be provided and an application made. No Works shall
         commence until the World Bank has provided a „no objection‟ and the construction
         permit has been received.

         Step 4: Implementation. If, during any construction works, traces or objects of
         archaeological or cultural value are found, the Works shall be suspended immediately
         and the Contractor and the LGU/sub-project proposer will inform the relevant
         authorities of the find(s), as stated in the Law on Cultural Heritage23. They shall also
         advise the PCU.

         The authorities shall advise the LGU/sub-project proposer of the actions to be taken or
         its intentions for any further investigations, etc., in writing, within fifteen (15) days of
         receipt of the advice. These shall be copied to the PCU. Any instructions given shall
         be strictly observed.




23
     Refer to Articles 44 – 48 of the Law 9048, 07.04.2003 “For the Cultural Heritage” and other relevant articles


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       7. Public Disclosure of the ESSF
                 7.1. Public Discussion of ESSF

The Draft ESSF was discussed with the main stakeholders in the Project area during April
2005. Copies of the Minutes of the meetings may be found in Annex 4.

A summary of the ESSF and summaries the main infrastructure components, as described
above, were distributed and the framework procedures discussed. The current updates and
adjustments have been undertaken in relation to project restructuring. The updated ESSF will
be disclosed by the Borrower on February 23, 2010.

                 7.2. Public Access to ESSF

Copies of the Draft Final ESSF have been translated into Albanian and have been made
available to the general public at the offices of all the LGUs in the Project Area, at the office
of Vlora Qark and at the MoEFWA and MoPWTT offices in Tirana. The availability of the
draft documents has been advertised in the local and national press. These documents have
been replaced by the final version of the ESSF as an approval by the Government of Albania
and the World Bank has been granted and the final ESSF made available in the Albanian
language in May, 2005. An English language version is available at the World Bank Infoshop
website. [An updated ESSF will be also made available at the same locations and websites.]

.

.




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Annexes




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Annex 1:       Types of projects relevant to the ICZMCP that appear in the
               Law on EIA Appendices and other Documents
Extracts from Law No.8990, dated 23.1.2003, “On Environmental Impact Assessment”

Appendix 1: Activities that shall undergo a Profound Process of Impact Assessment on
            Environment
Para No.       Description
23.            Plants for burning, recuperation, chemical treatment or bury of hazardous
               waste.
25.            Landfill for deposit of non hazardous waste with capacity higher than
               30 tons/day.
30.            Extraction of subterranean water or artificial schemes of recharging the
               subterranean waters where the annual volume of refilled (recharged) water is
               equal or higher than 5 million m3.

Appendix 2: Activities that shall undergo a Summary Process of Impact Assessment on
            Environment
Para No.       Description
& sub-para
2.             Mining Industry:
               (ç) Deep drilling, in particular:
                    -     Drilling for water supply, excluding drilling to monitor the land
                          sustainability;

10.            Infrastructure project:
               (b) Projects of urban development including construction of malls and
                     vehicles parking places;
               (d) Construction of roads, ports and installations in ports, including even the
                     fishing ports (projects not included in appendix 1);
               (g) Work in the coast against erosion and works that will change the coast
                     during construction such as moles and other protective marine works,
                     excluding maintenance and rehabilitation of such works;
               (gj) Discharging of subterranean waters and schemes of artificial refill of
                     subterranean waters that are not included in Appendix 1;

11.            Other projects:
               (b) Installations used for waste elimination (projects which are not included
                    in Appendix 1);
               (c) Plants for treatment of polluted waters (projects which are not included in
                    Appendix 1);
               (ç) Installation for collection of waste (projects which are not included in
                    Appendix 1);
               (e) Landfills of industrial waste;
               (f) Places used for collection of dead animals or undesirable ones




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Appendix 3: Selection Criteria
(data to be provided to determine whether a project in Appendix 2 should undergo a
Profound EIA)

   1. Project Characteristics
      Project characteristics consider particularly the following:
        -   Project size;
        -   Combined impact on environment with existing or future projects;
        -   Use of natural resources;
        -   Generation [recycling] of waste;
        -   Pollution and disturbance;
        -   Risk for accidents based mainly from substances and used [old] technologies.

   2. Location of project implementation
      Environmental sensitiveness of geographical areas that might impact from the project
      should be considered particularly at:
        - Existing use of the land;
        - Relative abundance, quality and regenerative capacity of natural resources in the
          area;
        - Absorbing capacity of natural environment paying special attention to the
          following areas:
                (a) Marshland;
                (b) Coastal areas;
                (c) Forest and mountainous areas;
                (ç) Natural parks and reservations;
                (d) Strictly protected areas;
                (dh) Areas within which quality standards in national and EU have been
                     exceeded;
                (e) Overpopulated areas;
                (f) Landscapes of cultural, archaeological and historical importance.

   3. Potential impact characteristics
      Potential impacts of projects should be reviewed in accordance with Criteria 1 and 2
      but particularly based on the following:
        - Extension of impact (geographical area and extension in distance of affected
          population);
        - Trans-border feature of the impact;
        - The size and complexity of the impact;
        - Possibilities of impact exercise;
        - Duration, frequency and reversibility of the impact.




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Decision of Council Of Ministers Nr.805 Dated 4.12.2003
On Approval of the List of Business Activities that has Impact on the Environment
and which should be subject to Environmental License/Permit
Group of Activities
Para No.       Description
& sub-para
8.             Waste management:
8.1.2. (c)       plants of waste recycling, biological or chemical treatment, etc
8.4.             communal landfills
8.5.             industrial landfills

9.              Others
9.9.              wastewater treatment plants
9.15. (e)         construction of roads
      (f)         construction of ports
      (j)         works on sewerage networks
      (k)         wastewater treatment plant
      (m)         construction of water networks
      (n)         works on the beaches like erosion protection, small ports
      (q)         water transmission mains


Extracts from MoEFWA Guidance No. 3, dated 08/17/2004
On Approval of the List of Business Activities, Application Form and Rules and
Procedures to Grant Environmental Consent and Authorization from the Regional
Environmental Agencies

Annex 1
List of Local Business Activities that must obtain an Environmental Authorization
[granted by the REA]
Para No.       Description
14.            Sewers and sewer rehabilitation, up to 2 km;
15.            Water pipes and water pipe rehabilitation, up to 2 km;
16.            Road construction and reconstruction, up to 2 km;

Annex 2
List of Local Business Activities that must obtain an Environmental Consent
nil

N.B. Items not included in the above Annexes must be forwarded to the MoEFWA for
     granting of an Environmental Permit




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Internal Order Nr.137 dated 17.08.2004 (Nr 235 prot.)
On needed documents to apply for an EIA permit

A) Legal docs include:
   1. Legal documents of Registration (in the Court) of the applicant
   2. Legal documents on the possibility to use immovable property for activity
   3. Certification from state authorities to allow the land use for the proposed activity

B) Technical docs include:
   Technical/Technological details of the project/processes
   Schedule of Works
   Additional infrastructure works
   Location/plan layout, maps, etc
   Plan layout of the territory

C) EIA docs include
   Detailed description of project possible impacts
   Construction schedule
   Data on the environment of the location where the project will be constructed
   Monitoring program
   Set of docs to verify the consultation process
   Copy of the license of the legal person who prepared EIA
   etc.




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                                  Republic of Albania
                                Ministry of Environment
                      Environmental Impact Assessment Department

Tirana, 08/17/2004

Prot.no. 235

Internal order

No. 137 of 08/17/2004

                                              On

     Important documentation when applying for environmental permit
In line with law no. 8990 of 01/23/2003 “ On environmental impact assessment” and CoM
decision no. 249 “On the approval of important documentation when applying for
environmental permit”,

I order:

    1. in order to obtain an environmental permit for activities that have an impact on the
       environment, physical and legal, foreign or local subjects shall have to prepare the
       documents required by law no. 8990 of 01/23/2003 “ On environmental impact
       assessment” and CoM decision no. 249 “On the approval of Important documentation
       when applying for environmental permit”

    2. the preparation of the documents commences the request for obtaining an
       environmental license for the project or activity that will be exercised.

    3. the request shall contain the name, address, and legal status of the proposer and a
       brief description of the project or activity that will be exercised.

    4. the request is addressed to environmental regional agencies of the region where the
       project will be implemented or the activity exercised.

    5. the request shall also include as attachments:

           a. legal documentation which shall include:
                       court decision for the registration of requester as a physical or legal
                       person;
                       property title or contract for the use of immovable property without
                       which the activity can not be exercised;
                       certificates from the state entities, which allow for the use of the
                       territory for project implementation purposes or exercise of the
                       activity.

           b. technical documentation which includes documents that describe the project or
              activity:
                   project features: description of the main processes, technology, capacities,
                   raw material, intermediate and final products;
                   work program for the construction and utilization



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                   other activities that might be required as a result of the project (for e.g.
                   new roads, access to water etc.)
                   project location: design, maps and pictures etc.
                   existing plans for the use of the project territory.

           c. summary of the EIA report for the projects of attachment 2 of the law “ On
              environmental impact assessment”, which includes:

                   project scope
                   detailed description
                   data about the existing environment of the project area and its vicinities
                   detailed description of all installations, which are part of the project or
                   which will be used in the course of its implementation
                   construction plan and the deadlines for its implementation
                   description of engineering works, which are built or expanded and
                   potential works for the implementation the project
                   potential impact on the environment and proposed measures for mitigation
                   and prevention
                   program for the monitoring of the impact of the project in the environment
                   ensuring consistency of the project with the plans for territorial adjustment
                   and plans for the economic development of the area where the project is
                   envisaged to be implemented;
                   summary of the consultations with the LG entities, public, environmental
                   NGOs and their opinions
                   rehabilitation measures in case of pollution or adverse impact on the
                   environment, and the cost
                   copy of the license of the physical or legal person that has prepared the
                   report of the EIA.

           d. detailed report of the EIA for projects which are part of attachment 1 of law “
              On environmental impact assessment” , which includes in addition to the data
              of the summary of the report, the following:

                   procedures and reasons for selecting the project implementation site,
                   description of at least two other options;
                   the degree of its direct and indirect impact on the environment;
                   potential dangers of the alternative options on health and environment
                   risks for accidents of important impact on health and environment, and the
                   measures that will be taken for preventing them
                   cross border impact if any
                   the plan of measures of technical nature to prevent and mitigate adverse
                   impacts on the environment
                   detailed description for the sustainable use of energy, natural and mineral
                   resources
                   plan of expected consultations and discussions with local government
                   entities, public and environmental NGOs in the course of planning, review
                   and implementation of the project.

           e. the report of the EIA shall be developed by licensed experts and selected by
              the requester of the environmental permit. For projects that belong to
              attachment 1 of 8990 of 01/23/2003 “ On environmental impact assessment”,
              the comprehensive report of EIA shall be developed by not less than two
              experts.



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           f.   The chairmen of regional environmental agencies shall make this order
                available to the legal or physical persons that request the environmental
                permit so that the latter prepare the necessary documentation in an accurate
                fashion and in as little time as possible.

           g. This order is effective immediately.


The Minister
Ethem Ruka




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                                  Republic of Albania
                                Ministry of Environment
                      Environmental Impact Assessment Department

Prot. No. 233

Tirana, 08/17/2004

                                           Regulation

                                      (No.1 of 08/17/2004)

    On participation of the public in the process of Environmental
                      Impact Assessment (EIA)
In line with article 102 of the Constitution, and point 1 of article 26 of law no. 8990 of
01/23/2003 “ON Environmental Impact Assessment”, the following regulation is approved:

                                           HEADING I

                                   GENERAL PROVISIONS

                                            Article 1

                                         Purpose
This regulation established the requirements, rules and mandatory procedures that
guarantee public participation in the process of Environmental Impact Assessment in line
with the requirements of the new environmental legislation, AARHUS convention and the
relevant EU directives.

                                            Article 2

                                      Definition of terms

In line with the legal requirements and this regulation, the following terms shall have the
following meaning:

Project shall refer to strategies, action plans, project, as well as any other economic,
commercial and social activity with an impact on the environment;

Public shall refer to the public in general, interested public, the public that has a stake or is
impacted by, the local community, according to the definitions of the AARHUS covenant, as
well as national and local environmental NGOs and other organizations of civil society with
defined legal identification;

Propose shall refer to legal or physical, public or private, foreigner or local personae that
develop a project and wish to implement it in the territory of the Republic of Albania.

Scientific organizations shall refer to public or private, national or local institutes, chairs,
laboratories,;

Stakeholder organizations shall refer to public entities that license the activity or that cover
the area of activity, such as territorial adjustment, tourism, health, agriculture, transports, and
industry etc.


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Local government organizations shall refer to the councils of communes, municipalities, and
regions etc.

Environmental entities shall refer to the Ministry of Environment, environmental regional
agencies (ERA), and environmental inspectorate.

                                           Article 3

                                           Meaning

   1. public participation is a permanent requirement and mandatory for enforcement for all
      projects subject to Environmental Impact Assessment and for which there is need for
      an environmental license, in compliance with the terms and circumstances described
      in the environmental legislation.
   2. however, public participation includes:
              information of the public on the project
              debates and consultations on the project
              participation in decision making of the environmental organizations for the
              project
              evaluation of the public comments, which are reflected in the project content
              and in the decision-making text.

   3. public participation commences with the project concept and throughout the process
      of formulation, review, approval and implementation.


                                           Article 4



   1. The project is not submitted for Environmental Impact Assessment procedures if the
      proposer has not consulted the public and has not reflected its comments and
      suggestions in the documents submitted for review.
   2. The project shall not receive the environmental license if there has been no public
      participation in the course of the process of the Environmental Impact Assessment,
      and if this participation is not reflected in the documents submitted for asking for
      environmental permit.


                                          HEADING II

                       Consultations of the proposer with the public

                                           Article 5

                                      Methods and ways

   1. It is the call of the proposer to organize consultations with the public in the course of
      the project formulation until the submission of the documentation to the REA.

   2. Public participation is ensured through:
             Provision of necessary information on the project
             Creating opportunities to get to know the main project indicators



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               Ensuring the appropriate conditions for expressing comments on the project
               Improving the project to reflect the public requirements/requests.

                                           Article 6

                                            Experts

In the consultations with the public, the proposer commits experts that have prepared the
technical project, and the experts that prepare the Environmental Impact Assessment report,
and who prepare the necessary materials for consultations with the public in a form
understandable for the public and clarify the matters for which there is public interest.

                                           Article 7

                       Tasks of the environmental regional agencies

   1. In order to ensure public participation the environmental regional agencies perform
      the following tasks:

               Instruct the proposer in meeting the legal requirements for public participation;
               Follow from close and participate in the consultations with the public
               Communicate with organizations at local level that have a stake in the project
               Assist/help local government in organizing public debate on the project
               Ensure participation of the representatives of the public and local media in
               decision-making for project for which they are in charge of issuing the consent
               or environmental authorization.

   2. In the written opinion for projects that they convey to the Ministry of Environment,
      indicate clearly the method used for public participation, which were the requests of
      the public and what is their comments.

                                           Article 8

                                Instructions for the proposer

In case that from the review of the documentation, the environmental regional agencies
observe that the proposer has not consulted the public or that there are significant gaps in
this matter, the environmental regional agencies clarifies that the preparation of the
documents for the EIA and for obtaining the environmental permit requires mandatory
consultations with the public, and the reflection of these consultations in the documents that
it prepares.

                                           Article 9

                                           Program

   1. For the organization of public consultations, the environmental regional agency
      instructs the proposer to develop a program with concrete requests and operational
      deadlines.

   2. For small projects of local nature, the program is just a plan; for big and complex
      project of national character, the program includes more details and more activities
      with the public.




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                                           Article 10

                                       Concrete details

Each program shall include:

   1. Identification of stakeholders

From the list of stakeholders, the proposer selects those that will be included in the
consultations, while explaining the importance of the parties.

The stakeholders that shall be included in the process of EIA are:

       Environmental authorities
       Representatives of local government entities (municipalities, regions, communes)
       Representatives of health entities
       Authorities responsible for land use (territorial adjustment, town planning, regional
       departments of forests and pastures etc.)
       Representatives of tourism, industry, energy, transport entities
       Representatives of educational institutions
       Representatives of environmental, health etc. NGOs.
       Representatives of business organization associations
       Representatives of authorities of neighboring countries (in case of cross-border
       impact)
       Media


   2. The methods that will be used for public participation are described and arguments
      are provided on why exactly these methods have been selected.

The methods might be the following:

       Public meetings
       Workshops
       Exhibitions
       Separate meetings with stakeholder groups
       Questionnaires, polling etc
       Advertisement, announcements for electronic and written media etc.

   3. The graph for public consultations.


                                           Article 11

                                          Information

   1. Despite the type, level and nature of the project, the proposer shall inform the public
      on the following:
              Project implementation site/location;
              Type of activity;
              Technology capacity;
              Raw material, energy, water to be used;



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               Project duration;
               Waste to be generated, type and quantity;
               Negative impact on health and environment (water, air and soil/land
               discharges)
               Measures that will be taken for reducing them

   2. For information purposes, the proposer uses:

           Materials prepared in advance that are disseminated to the public and which are
           posted/placed in obvious places, published in the press, TV, and electronic
           systems;
           Direct consultations, informational meetings.

                                           Article 12

                                            Debate

The debate is organized and chaired by the respective local government units where the
project will be implemented, and which:

       Invites participants from the Ministry that licenses the project, territorial adjustment
       and tourism entities, local government units, specialized institutes, stakeholders,
       environmental NGOs, and the proposer.
       Makes available to them the EIA report
       In cooperation with the Ministry of Environment and the proposer decide on the date
       for the debate
       10 days in advance notifies the participants for the day, time and location of the
       meeting
       Organizes open debate with the stakeholders.


                                           Article 13


   1. The proposer is instructed by the REAs to carefully document and arrange the results
      of the public participation in folders that it submits for revision.

   2. According to forms and methods used in public consultations, the proposer submits
      documentation such as:

               Conclusions of organized meetings (minutes)
               Conclusions of workshops
               Summary of opinion and comments of the public during the exhibitions
               Summary of answers of the filled-in questionnaires
               Reactions from the written and electronic media etc.

                                           Article 14

                                          Reflection

The requests that the proposer deems are justified are reflected as changes, amendments,
improvements to the project, and in the EIA report.

                                           Article 15


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                              The tasks of the EIA Department

To ensure enforcement of the legal requirements for public participation, the EIA Department
shall perform the following tasks:

   1. checks every file and verifies that they have been filled in according to the legal
      requirements for public participation;
   2. sends the file back for potential insertions
   3. communicates with the line ministries and central organizations that have a stake in
      the project
   4. in cooperation with other departments, assists the ERAs according to a program
      approved by the Minister of Environment to best enforce the legal requirements for
      public participation.
   5. follows in ongoing bases the commitment/involvement of the ERAs for these issues,
      and raises with the Minister of Environment issues/problems that come up and
      suggests solutions for them
   6. organizes with the ERAs and respective local governments the public debate for
      important projects of national importance.
   7. ensures public participation in the meetings of the commission for the review of
      requests.

                                            Article 16

                                       The commission

   1. the commission for the review of requests evaluates opinions and suggestions of the
      public for each project, and when it deems them fit/right includes them as
      requirements in the declaration/statement of environmental permit that will be
      approved for the project.

   2. when the commission is of a different opinion from that of the public, it provides
      justification for this in a separate point of the draft decision that it prepares.


This regulation is effective immediately.

Ethem Ruka
Minister of Environment


________________________________________________________________




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DECISION
No.994 dated 2.7.2008


For the withdrawal of public opinion in decision making for the
Environment
Pursuant to Article 100 of the Constitution and the point 1 of Article 3 of the Aarhus
Convention, ratified by Law No.8672, dated 26.10.2000 "On ratification of the Aarhus
Convention on public access to environmental information, public participation in
environmental decisionmaking and public access to justice" at the proposal of the Minister of
Environment, Forests and Water Administration, the Council of Ministers decided:


CHAPTER I
GENERAL

1. For the purposes of this decision, the following terms have the following meanings:

 a) "Convention", means the Convention on on public access to environmental information,
public participation in environmental decisionmaking and public access to justice "(Aarhus
Convention), ratified by Law no.8672 dated 26.10.2000 on Public access to environmental
information, public participation in environmental decisionmaking and public access to
justice.

b) "public authority":

 i) the central state bodies and local government units;
 ii) individuals or legal entities that by law perform public administrative functions, including
tasks, activities or services specific to the environment;
 iii) any other natural or legal person, who has public responsibility or function, or provides
public services to the environment, under the control of a body or person referred to in
subsection (i) and (ii).

 c) "Affected Public" the public which may be affected by a decision related to environemnt or
who is interested in environmental decision-making, including environmental NGOs, who
express their interest [to participate].

 2. Other terms, used in this decision, have the meaning of terms used in Law no.8934 law,
dated 5.9.2002 "On environmental protection", as amended.



CHAPTER II
PARTICIPATION OF AFFECTED PUBLIC IN THE FORMULATION OF
POLICIES, STRATEGIES AND ACTION PLANS, RELATED TO ENVIRONMENT

 1. Public participation in the formulation of regional and national policies, strategies, either
general or sectoral, and action plans to implement them, that relate to the environment,
constitutes a legal requirement in the process of drafting these documents, which improves
the content and facilitates their implementation.




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 2. Public authorities during the process of drafting the documents mentioned in point 1 of
this chapter, ensure the participation of the affected public by:
        a) providing them the necessary information for these documents;
        b) determining of rules and procedures as simple as possible;
        c) providing the conditions and practical solutions, appropriate for the withdrawal of
their opinion.

 3. To ensure public participation and contribution, the public authorities implement the
following procedures:

       a) In accordance with the nature and content of the draft document, they identify the
affected the public for the concrete case;


b) Organize the notification of the public affected by the draft document, which will become
subject of public debate and invite the public to get acquainted with and be prepared for the
debate.

 4. The notification of the affected public is done by the public authority, which has
undertaken the drafting of the document. The notification is announced 30 days reapetedly
in:
 a) radio and TV, national and local;
 b) the website of the authority;
 c) publications, daily or periodical, if possible;
 d) in the bill board of notification in a visible place.

 5. The announcement is accompanied by:
 a) summarized data on the document, which is subject to debate, to orient the public on key
issues that require the suggestions, review and proposals of the public;
 b) a short summary, prepared in Albanian language, with simple and easy to understand
terms for the public;
 c) the announcement of the location, where the full text of the draft document is deposited,
so that is read by the affected public;
 d) determining the deadline for sumission of opinions, which is not less than 1 month from
the last date of the annpuncement of the notification;
 d) determining the location, date and time for the public discussion meeting with the affected
public.

 6. Representatives of the body, which has formulated the draft document chair the meeting
and create procudural facilities to the public so that its representatives express their opinions
freely; they also keep the minutes of the meeting and record all remarks, observations,
suggestions and proposals of the public.

 7. The drafting working group revised the document by taking into account any comments,
information, analysis or opinion submitted by the public, which is regarded as valuable and
prepares an explanatory note that accompanies the document. The note reflects the public's
remarks, which are not reflected in the revised document and provides the reasons why they
are not taken into account.

 8. The explanatory note is forwaded to the decision-making body, along with the final draft
final document and the minutes of the public debate meeting.

 9. The documents mentioned in point 1 of chapter II of this decision can no be approved if
they do not meet the requirements set out in this chapter in regard of the withdrawal of public


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opinion.

CHAPTER III
PUBLIC PARTICIPATION IN DRAFTING NORMATIVE LEGAL ACTS RELATED TO
ENIVORNMENT

 1. To ensure public participation during the preparation of normative environmental acts, the
Ministry of Environment, Forests and Water Administration (MEFWA) undertakes the
following steps:

 a) publishes the matrix of the legal acts which will be drafted and adopted during the
calendar year, in all its periodic publications, printed and electronic;
 b) Through its responsible structure, it informs the public about any draft legal act that
enters into the review procedures of approval, and also notifies the affected public,
environmental NGOs and other groups of interest, electronically and by offical letter.

 2. The notification is done in writing and is published continuously during 1 month.
The announcement is associated with the draft normative act and its relevant exlanatoory
note and defines:
 a) the timetable for public review, which can not be less than 10 calendar days from the date
of sending the draft act for comments;
 b) the venue, date and time of the organization of a discussion meeting on the draft act;
 c) the identity of the public authority responsible for decision making.

3. The representatives of the Ministry chair the meeting, while the drafting group keeps the
minutes.

 4. The drafting working group revises the draft and preparaes the final one, by assessing
the suggestions of the public and interest groups.

5. The explanatory note attached tot he final draft reflects the opinions of the public that
were not reflected into the final draft by providing the reasons.

 6. In the end, the final version of the act, the explanatory note and the minutes of the public
debate are forwarded to the respective decision making body.

 7. The normative draft acts, devoted to environemntal protection, can not be approved
unless the requirements of this chapter on the withdrawal of public opinion are met.

 8. Also, the draft legal acts prepared in the frame of various projects and other that are
prepared but not included in the matrix of the Ministry are also subject to the withdrawal of
public opinion and affected groups. In such cases, the public debate and reflection of the
opinions and comments of the public in the final legal acts is done with the projects support.
This output is not approved unless the requirements for taking public opinion of the draft act
are taken into account.

CHAPTER IV
PUBLIC PARTICIPATION IN DECISIONMAKING RELATED TO THE APPROVAL OF
ACTIVITIES HAVING AN IMPACT ON THE ENVIRONMENT

 1. Public authorities that license activities that have an impact on the environment, make
sure through documents that the proposer of the activity:
 a) has received the approval of the local government body, in the territory of which the
activity will be exercised, for the installation and operation of the activity;
 b) has notified the affected public and has communicated, in advance, with the public about


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the activity he will start;
 c) has obtained, as appropriate, an environmental statement, environmental permit,
integrated permit, environmental authorization or consent, and has consulted the affected
public as required.

 2. The requirements under letters "a" and "b" do not apply when a project or activity that will
be exercised, is related with national defense and security and when their respective
documents contain information classified as"Secret State" or, when for reasons of
technological and trade confidentiality can not be disclosed.

 3. As regards the activities that have an impact on the environment, the Ministry of
Environment, Forestry and Water Adminstration ensures that the public participated by
implementing the following procedures:

 a) Within 5 days from the date of receipt of the request to obtain an environmental permit, it
requests the Head of the local government unit, where the project will be implemented, to
organize discussions with the affected public;
 b) Sends the documents of the proposed activity to the relevant office of the local
government unit, to make them available to the public.

The term “documents” means:
 i) A summary of the technical report and report of the Environmental Impact Assessment of
the activity, which is prepared by the proposer in 10 copies;
 ii) Draft environmental permit for the activity in 5 copies;
 iii) the full file of documents in 3 copies, prepred by the proposer, for members of the public
who want to have a more complete knoledge on the activity.
 c) Materials required under letter "b" of this point, are complied in the Albanian language and
use simple terms.

 4. The local government unit and the Ministry of Environment, Forests and Water
Administration, within their means and possibilities inform the affected public, within 5 days
from date of receipt of the above mentioned documents under letter "b" of point 3 of this
decision .

5. The notification is done in writing and is published 20 days consequtively in:
a) radio and local TV;
b) the website of the public body;
c) in daily or periodical publications, whenever possible;
d) in the bill boards of annountments of the local government unit.

 6. The notification issued by the local government determines:
 a) the place where the documents have been deposited;
 b) the deadline for sumission of opinions, which is not less than 1 month from the final date
of the announcement of the notification;
 c) place, date and time for the discussion meeting with the affected public.

 7. The discussion with the public is joined by specialists of the Ministry, the proposer and
the certified experts, who prepared the EIA report, the specialists of other ministries, whose
activitiy is related.

 8. The specialists of the Ministry of Environment, Forests and Water Administration keep
the minutes of the meeting, and record all suggestions, remarks and proposals of the public.

 9. The remarks are reflected in in the draft permit. The relevant arguments are provided for
those remarks or suggestions that are not taken into account.


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 10. For those activities that are approved by environmental consent or authorization, the
procedures set forth in points 3-6 of this Chapter are implemented by the Regional
Environmental Agencies.

11. The Ministry of Environment, Forests and Water Administration and the Regional
Environemntal Agencies implement the procedures of public participation, as defined in
Chapter IV of this decision, even in the case of review or change of environmental permits.

CHAPTER V
PUBLIC PARTICIPATION IN DRAFTING AND IMPLEMENTATION OF ENVIRONMENTAL
CONTROL PROGRAMS

 1. To enable the withdrawal of public opinion on environmental controls done by the
Inspectorate of Environment, the Ministry of Environment, Forests and Water Administration
informs the public through the publication in its website of:

a) annual control programs of the Environmental Inspectorate;
b) annual programs of environmental monitoring and its components;
c) monthly plans of Regional Environmental Agencies.

 2. The Environmental Inspectorate invites representatives of local government in the
territory of which the control will be exercised, as well as representatives of public and
environmental NGOs, to participate in the environmental inspections and controls, if they
submit a request in writing.

 3. The reports of the inspection group, at the end of inspection, include comments, remarks
or suggestions of the public members that participated in the inspection.

 4. A copy of the inspection report is deposited in the local government unit and it is
available for 1 month period, to the public.

 5. The public authorities, defined in letter "b" of point 1 of the Chapter 1 of this decision, are
responsible to implement the decision.

This decision shall enter into force after publication in the Official Gazette.

Prime Minister
Sali Berisha




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                                   REPUBLIC OF ALBANIA
                                MINISTRY OF ENVIRONMENT
                      Directorate of Environmental Impact Assessment
             Rruga “Durrësit”, Nr. 27, Tiranë, Tel. +355-4-270-630 Fax: +355-4-270-627

       Reg. No. 234                                                  Tiranë, on 08/17/2004


                                          GUIDANCE
                                   (No. 3, dated 08/17/2004)

                                     ON
      APPROVAL OF THE LIST OF BUSINESS ACTIVITIES, APPLICATION FORM AND
        RULES AND PROCEDURES TO GRANT ENVIRONMENTAL CONSENT AND
         AUTHORIZATION FROM THE REGIONAL ENVIRONMENTAL AGENCIES

Pursuant to paragraph 4 of Article 102 of the Constitution, and implementing paragraph 2 of
Article 45 of law No. 8934 “On Environmental Protection”, dated 09/05/2002,

                                          I INSTRUCT:

I.      List of Business Activities

        1.     Local business activities of environmental impact, which are not included in
               the Council of Ministers’ decision No. 805 “On approval of business activities
               of environmental impact for which an environmental license is required”, shall
               be approved by the regional environmental agency (REA), with the consent of
               the local government.
        2.     Regional environmental agencies shall issue an environmental authorization
               or consent to all local business activities of environmental impact, according to
               the Lists attached to this Guidance as Annex 1 and 2.
        3.     Local business activities of environmental impact described in Annex 1 of this
               Guidance shall obtain an environmental authorization, whereas Annex 2
               business activities shall obtain an environmental consent.
        4.     An environmental authorization/consent is an official document determining
               conditions and requirements under which the activity shall be carried out in
               order to avoid or mitigate its negative impact on human health and
               environment.
        5.     Environmental authorizations and consents shall be equivalents to an
               environmental license issued by the Ministry of Environment to national
               activities of environmental impact.
        6.     Activities required to obtain an environmental authorization or consent shall be
               subject to environmental legislation, as well as to authorization and consent,
               requirements in the same way as those which have been issued an
               environmental license.
        7.     The Environmental Inspectorate shall oversee and may penalize all activities
               described in Item 6 of this Guidance, in the same way applicable to activities
               that have obtained environmental licenses.

II.     Preparation of Submission from the Applicant

        1.     To obtain an environmental authorization the applicant shall prepare and
               submit to the REA with jurisdiction on the circuit where the activity will be
               carried out the filing documentation in accordance with the requirements set
               forth in the Council of Ministers’ decision No. 249 “On the approval of


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               documentation for, and elements of, an environmental license”, dated
               04/24/2003, specifically:
               a) Application to REA, submitted on the form included in Annex 3 of this
                  Guidance;
               b) Notarized copy of the court order to register the applicant as a natural or
                  artificial person;
               c) Technical documentation describing the activity to be carried out and
                  location of the facility (project, drawings, plans, photos, etc.) prepared by
                  licensed professionals;
               d) An environmental impact assessment report for the activity, prepared by
                  certified and licensed professionals;
               e) Documentation to confirm that the applicant has discussed the activity
                  with the local community and non-profit organizations (NPO) and consent
                  was reached about the proposed activity;
               f) A monitoring plan for the activity.

       2.      To obtain an environmental consent the applicant shall prepare and submit to
               the REA with jurisdiction on the circuit where the activity will be carried out the
               following documentation:
               a) Environmental Consent application to REA;
               b) Notarized copy of the court order to register the applicant as a natural or
                    artificial person;
               c) Technical documentation describing the activity to be carried out and
                    location of the facility (project, location plans, etc.) prepared by licensed
                    professionals;
               d) A brief environmental impact assessment report for the activity, identifying
                    the main impact and proposed action to mitigate or eliminate that impact;


III.   Acceptance and review of the application

       1.      A special archive Register shall be established by the REAs to administer,
               pursuant to statutory requirements, the environmental impact review process
               and the grant of environmental authorization or consent to local businesses
               with environmental impact. REAs’ archive registers shall be maintained on
               forms determined and distributed by the Ministry of Environment.
       2.      The application is entered in the REA’s archive register upon receipt and the
               applicant is provided with a case number and the date of submission.
       3.      The Head of REA shall, within 2 days from the date an application is entered
               on the archive register, review the contents of the submission and notify the
               applicant in writing whether the application is complete or incomplete,
               identifying missing documents, if any, and period for their submission.
       4.      If the applicant does not complete the application within prescribed period, a
               notice shall be sent to him/her, indicating that the application will be reviewed
               one month later, after the application has been completed.
       5.      The Head of REA shall, within 10 days from the date an application is entered
               on the archive register, organize the review of the file, especially the
               environmental impact assessment report, and a site visit.
       6.      For Annex 1 activities, the Head of REA shall discuss with bodies of local
               government, planning, forestry, health, tourism, etc., according to the nature
               and type of the proposed business activity, as well as with the community and
               regional environmental NPOs, inviting them to participate in the application
               review process.
       7.      The project plans and environmental impact assessment report shall be
               subject to public debate, which shall take place within 20 days from the


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               submission of an application. The Head of REA shall notify of this the bodies
               of local government, planning, forestry, health, tourism, as well as the
               community and regional environmental NPOs, indicating the date, time and
               venue of the debate.
       8.      A copy of the debate notice shall be sent to the applicant, who shall bring to
               the debate the experts who prepared the activity plans, and the certified
               professionals who prepared the environmental impact assessment report.
       9.      The debate shall be chaired by a representative of the local government with
               jurisdiction over the location of the proposed activity. The Head of REA makes
               a brief presentation of the application and invites the participants to express
               their opinion. The experts and certified professionals shall provide details
               about issues raised during the debate, whenever this is requested by the
               participants or the applicant.
       10.     The applicant shall be notified in writing of the conclusions and results of the
               application review and debate, within 2 days from the conclusion of the
               debate. The notice shall include:
               a) recommendations for improvements to the Project, which may be related
                    to the technology, capacity, location of the facility, etc.
               b) recommendations for improvements to the environmental impact
                    assessment report, related to additional measures to mitigate
                    environmental impact;
               c) date when improvements must be submitted; and
               d) notice that failure to submit the required improvements within the
                    prescribed period will prolong the review of the application.
       11.     The application review process shall not be continued when the applicant fails
               to submit the completed and corrected application. In this case, the applicant
               shall be notified in writing that the review of his application has been
               suspended until such time when modifications required have been completed,
               also emphasizing that any attempt to install and run the facility shall be
               punished under the law as business activity without a license from the
               appropriate environmental bodies.
       12.     When the applicant wants to request changes to the project or the project
               implementation after the application review process has started, (s)he shall
               submit this request in writing to the REA, which shall accept the changes if
               they are clearly presented and do not constitute a new project. A written
               notice of acceptance to the applicant shall indicate a new period of review
               because of the changes requested.
       13.     For Annex 2 activities, the Head of REA shall discuss with bodies of local
               government, planning, forestry, health, tourism, etc., as well as with the
               community and regional environmental NPOs, to ensure that there are no
               contradictions with the existing land use plans and sector development plans.

IV.    Grant of environmental authorization or consent.

       1.      When the applicant completes the application according to requirements
               under Section III/10 of this Guidance, the application shall be reviewed by the
               REA’s meeting, which grants the environmental authorization.
       2.      The Head of REA shall call the meeting, where the following is presented:
               a) applications;
               b) a list of business activities to be reviewed, on the form prepared by the
                  Ministry of Environment;
               c) draft environmental authorizations and consents for each application
                  under review, which have been prepared prior to the meeting.
       3.      The meeting to grant an authorization or consent shall be attended by all the
               environmental inspectors of the Prefecture and the representative of the local


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               government where the business activity will be located. Representatives of the
               interested community and regional environmental NPOs shall be inviting to
               participate in the meeting.
       4.      The meeting is held once per month and is chaired by the Head of REA.
       5.      The meeting shall review each application individually and in the order of their
               register number.
       6.      In reviewing the application, the meeting shall apply the criteria and
               requirements of Article 17 of law No. 8990 “On Assessment of Environmental
               Impact”, dated 01/23/2003.
       7.      The meeting shall give special attention to the exact description of conditions
               and requirements under which the business activity shall be carried out, to
               ensure that its negative environmental impact is within allowed levels.
       8.      Conditions and requirements shall be determined according to the nature and
               type of activity, technology and capacity, raw materials and energy used,
               specific location, etc.
       9.      Conditions and requirements determined shall be specific, measurable, and
               monitorable. They shall be described in a simple and exact manner on the
               granted environmental authorization or consent.
       10.     All the inspectors shall sign the meeting minutes, whereas the authorization or
               consent shall bear the signature of the Head of REA.
       11.     Each meeting shall approve a decision that includes all the applications
               reviewed, on the form approved by the Ministry of Environment. Each decision
               shall be made public within 5 days from approval through being posted on a
               conspicuous place at the REA offices.
       12.     Each environmental authorization or consent granted shall be prepared in
               three equal originals, of which one is given to the applicant, one is forwarded
               to the Environmental Inspectorate, and one is retained by REA.
       13.     When the meeting decides to deny the application, the applicant is provided
               with a written notice containing the reasons for the denial.


V.     Processing Times

       1.      The process of granting an environmental authorization or consent is closely
               related to processing times, as described in specific sections of this Guidance,
               and REAs are responsible for complying with them.
       2.      Review processing times start with submission of the application and its entry
               into the REA’s register, and end upon announcement of REA’s decision.
       3.      The review shall be completed within 1 month from the date of acceptance of
               the application.
       4.      Failure to comply with processing times under section V/3 shall be deemed a
               serious violation on the part of the Head of REA and punishable from the
               Minister of Environment, under current laws in effect.

VI.    Fees

       1.      A service fee is payable by the applicant for the application review by REA.
       2.      The issuance fee for an environmental authorization is payable in the amount
               specified in Guidance No. 1 “On environmental licenses fees”, dated
               02/08/2000.
       3.      The issuance fee for an environmental consent is payable in the amount
               specified in Guidance No. 4 “On seal fees”, dated 02/07/2001.
       4.      The fee shall be payable upon submission of application and entry in the
               registry, and is not refundable.



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            5.      The fee shall be deposited by the applicant in the bank, at the following
                    address: Ministry of Environment, Savings Bank, Account No. 311/4302,
                    description: environmental authorization or consent fee.

VII.        Appeals

       1.        All communication with the applicant shall be in writing. Verbal or telephone
                 communications shall not constitute valid grounds for an appeal.
       2.        An applicant may appeal to the Minister of Environment any communication in
                 writing from the Head of REA, within 10 days of receipt of the communication,
                 when he believes that his legal rights have been infringed.
       3.        The Minister shall make a final decision on the issue brought before him within 10
                 days of the filing of the appeal.
       4.        An applicant, any natural or artificial person, public or private, the community or
                 environmental NPOs may appeal a final decision of the meeting to grant or deny a
                 business activity even to a court of law, according to procedures and periods
                 described in law No. 8990 “On environmental impact assessment”, dated
                 01/23/2003.

VIII.       File management

       1.        Once a decision has been made, the application folder, completed with official
                 communications between REA and the applicant, additional or improved
                 documents, written complaints, replies to complaints and decision to grant or
                 deny, shall be finalized, and a table of contents shall be prepared and attached on
                 the folder cover, all pages shall be numbered and archived in REA’s offices.
       2.        At the conclusion of each meeting to review applications and grant environmental
                 authorization or consent, a folder of the meeting shall be set up, including a list of
                 applications for review, minutes of the meeting and a copy of the decision.
       3.        Application and meeting files shall be maintained for a period of 15 years.
       4.        Files shall be accessible to interested parties, upon authorization from the Head
                 of REA, in accordance with the requirements of the regulation “On maintenance
                 and management of environmental documentation”.
       5.        The application file submitted and entered in the register shall be returned to the
                 applicant.

This Guidance takes effect immediately.

Ethem RUKA

Minister of Environment




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                              REPUBLIC OF ALBANIA
       MINISTRY OF ENVIRONMENT, FORESTS AND WATER
                         ADMINISTRATION
   Directorate of Environmental Impact Assessment and Permits
   _____________________________________________________________________________________
  Address: Rruga e Durresit, No.27, Tirana, Tel: 2 270 621, Fax: 2 270 627 www.moe.gov.al


    Nr._______Prot.                                                                Tirana, on
                                           03.03.2009


                                  Instruction
                            No. 1, dated 03/03/2009
      "For the Duties of the Environmental institutions to ensure Public
          Participation and Environmental NGOs in the process of
                   the Environmental Impact Assessment

In furtherance to Article 102 of the Constitution and in execution of point 1 of Article 26 of
Law no. 8990 dated 23.01.2003 "On Environmental Impact Assessment", and the Decision of
the Council of Ministers nr.994 dt.02.07.2008 "For the appeal of the public in environmental
decision making",

                                         INSTRUCT:

1. Environmental bodies responsible for public participation in the process of Environmental
Impact Assessment (EIA), in the meaning of this instruction, are those that the law explicitly
engages with roles and responsibilities in carrying out of this process as well as provide with
Environmental Permits, as the Regional Environmental Agencies (REA), Directorate of EIA
and Permits and the Commission for the review of the Environmental permit.

2. To ensure the participation of the affected public in the EIA process for these structures is a
permanent requirement and necessarily applicable to all projects subject to EIA and to be
provided with Environmental permits, according to the conditions and circumstances set forth
in the specific Environmental laws, the Aarhus Convention and in the Directive No.
85/337/EEC "On the Environmental Impact Assessment of the Private and Public projects.

3. Commitments of these structures for the participation of the affected public, in terms of
point 2 of this guideline include:

a. Following the preparations of the proposer for a project or activity with impact on the
environment, in order for the proposer to meet legal obligations for:

   i. informing of the interested public in the project starting on the earliest possible stage
      (when is concept project) and dealing with the organization of public announcement,
      the preparation of materials to be available to the public, setting the place/venue where



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         these materials might be consulted, the time available to become familiar with the
         project.

   ii. participation of the affected people in the debates of public hearings held about the
       project and providing of experts who have prepared the file, available to give
       explanations to the public; its commitment to setting the place/venue, the date and time
       to held the affected public hearing.

   iii. exact identification of the opinions and requests that the affected public has prior
        presented for the project and that regards to the record keeping of public hearing and
        its correct documentation.
   iv. assessing of the opinions and requests of the affected public to be reflected in the
         improvement of the project and the EIA report, as well.

b. Active follow up of affected public hearing in order to enable:

    i.    reflection of the opinions and the requirements of the public on the text of the
         decision- making.

   ii. appeal of the public representatives in the decision-making of the environmental
       bodies for the project or activity.

   iii. Preparation of the drafts documents to be reviewed and approved by the decision-
       maker body.

4. The project/activity for which the public participation during EIA process is not executed
or whether this participation is not reflected in the documents submitted for Environmental
permit, would not be proceeded and approved and would not be provided with Environmental
permit.

5. For the realization of the public hearing, REA requires to the proposer to engage specialists
who:
a. prepare the necessary materials on Albanian language and on a simple and understandable
manner for the information of the affected public.

b. participate in the public hearing.

c. clarify the issues for which the public shows interest or raises claims.

6. REA instructs the proposer to document carefully the results from the public participation
and debate, as well, and to organize them to the file presented for processing. This folder
should contain names, addresses, contact details of the participants in the discussion and their
respectively entities, questions addressed and given responses. REA, saves, as well, copies of
the announcements done in medias, photos and full documentations for the steps in the public
hearing.

7. The proposer may want to organize and carry out by himself the preparations for public
hearings or by engagement of the specialized subject.
8. REA, in coordination with respective local government unit:



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a. closely follows and takes part in the consultations organized with public;

b. Takes care that the hearing of interested public, consultation and debates with them, to be
directed by the representative of the local government unit, where the project will be
implemented.

9. checks the public demands that have been assessed as right/corrected and are reflected, as
well, as changes, supplements and improvements in the EIA report and how the proposer has
made available them to the public.

10. REA, in the written opinion prepared for the projects which are to be conducted to the
Ministry, clearly handle how the public participation is executed, which are the public
requirements, how they are evaluated by the applicant and which should be considered on the
approval of Environmental permit.

11. To increase the effectiveness of the public participation EIA Directorate performs
following tasks:

a. Checks any files and verifies how the legal requirements for the public participation are
fulfill;

b. Returns the files for adjustments/supplements when they don‟t meet correctly the legal
requirements;

c. In collaboration with other departments, EIA Directorate helps REAs, according to a
program approved by the Minister in order for them to better implement the legal
requirements for the public participation.

d. follows continually the REA‟s commitments on these issues, presents the evident problems
to the Minister and suggests, as well, their solution.

12. The commission of the Requirements Review evaluates the opinions and suggestions of
the public on each project and includes them as requests in the declaration or environmental
project permit that would be approved, when they are deemed right.

13. Upon entry into force of this Instruction, Regulation No. 1 dated 17.08.2004 "On public
participation in the process of Environmental Impact Assessment (EIA)” would be abrogated.

14. For the execution of this instruction are in charged the Directorate of EIA and Permits and
the Regional Environmental Agencies (REAs)

This instruction comes into force after the publication in the Official Newspaper.


MINISTER


Lufter XHUVELI



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                                            Annex 1

                                   LIST
                                    OF
      LOCAL BUSINESS ACTIVITIES THAT MUST OBTAIN AN ENVIRONMENTAL
                              AUTHORIZATION

       1.      Small-size confection factory
       2.      Automotive service shop
       3.      GLN Gas refill distributor, capacity up to 5 m3
       4.      Car wash shop
       5.      Retail fuel station, up to 50,000 liters;
       6.      Lumber sawing, trunks (saws)
       7.      Forestry;
       8.      Timber processing shop, furniture and sofas, up to 1000 m3 per year;
       9.      Small-size factory for natural mineral water processing and bottling;
       10.     Small-size factory for fruit juice and soft drinks production;
       11.     Small-size factory for alcoholic drinks production;
       12.     Bakeries;
       13.     Beer production, up to 100,000 liters per year;
       14.     Sewers and sewer rehabilitation, up to 2 km;
       15.     Water pipes and water pipe rehabilitation, up to 2 km;
       16.     Road construction and reconstruction, up to 2 km;
       17.     Fabrics production, knitwear;
       18.     Dairy shop, up to 10 kv per day;
       19.     Sunflower oil processing shop;
       20.     Olive processing;
       21.     Slaughterhouse, up to 5 kv per day;
       22.     Fruit and vegetable processing shop;
       23.     Photo laboratory;
       24.     Lime production (slaking), up to 100 tons per year.




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                                            Annex 2

                                 LIST
                                  OF
LOCAL BUSINESS ACTIVITIES THAT MUST OBTAIN AN ENVIRONMENTAL CONSENT


       1.      Specific housing structures;
       2.      Specific social and cultural structures:
               a) hotels;
               b) schools;
               c) kindergartens;
               d) theaters;
               e) movie theaters;
       5.      Service premises (bars, restaurants, discos, etc.)
       6.      Health clinics;
       7.      Pharmacies;
       8.      Laboratories;
       9.      Small service and sale businesses.




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                                             Annex 3

                                     APPLICATION
                                        FOR
                             ENVIRONMENTAL AUTHORIZATION

REGIONAL ENVIRONMENTAL AGENCY OF CIRCUIT _____________

I, the applicant (first and last name, address, Tel. and Fax) shall carry out the following
business activity (a brief description of the activity and the location where it will be set up)

For this reason, I have prepared this application, which includes the following:

1.     A notarized copy of the court order to register me as a natural or artificial person.
2.     Technical documentation describing the business activity that I shall carry out and
       the location of the business (projects, drawings, plans, photos, etc.) prepared by
       licensed professionals.
3.     An environmental impact assessment report for the activity, prepared by certified and
       licensed professionals.
4.     Documentation to confirm that I have held discussions with the local community and
       NPOs and that they have no objection to this business activity;
5.     A monitoring plan for the activity I shall carry out.

Which have been attached to this application, which I submit for your review, to obtain
an environmental authorization.



_____________ on _____________



APPLICANT


(Name)
Signature; seal




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                                            Annex 4

                            REPUBLIC OF ALBANIA
                          MINISTRY OF ENVIRONMENT
             REGIONAL ENVIRONMENTAL AGENCY OF CIRCUIT _________

Reg. No.                                              ___________, on ___________200__

                                                                         Decision No. _____


                            ENVIRONMENTAL AUTHORIZATION

Pursuant to law No. 8934 “On Environmental Protection”, dated 09/05/2002, an
Environmental Authorization has been issued to the following:

Business Activity: ___________________________________________
Applicant:         ___________________________________________
Business Location: ___________________________________________

The business activity shall be carried out under the following conditions and
requirements:

   1.      Detailed conditions on observing the levels of discharge at the beginning of the
           activity and in total, describing the temporary allowed levels of discharge;
   2.      Requirements for implementation of monitoring plan, including the level of impact,
           sample collection sites and frequency of collection, measurement or estimate,
           forms of presenting and registering the data.
   3.      Description of measures to reduce consumption of raw materials and improve the
           technology according to a pre-established plan;
   4.      Obligation to submit monitoring data, on a quarterly basis, to the circuit
           environmental agency, and to publish them.
   5.      Plan measures and periods of rehabilitating the affected environment.
   6.      Measures for storing and treatment of hazardous waste materials
   7.      Restoring plans in case of business closure;
   8.      Time for renewal of environmental authorization and expiration date when no
           activity is carried out.
   9.      Duty to carry out an environmental assessment;
   10.     Duty to comply with the requirements of the authorization, even if the business
           activity shall be managed by third parties;
   11.     Penalties for failure to comply with the conditions described in the environmental
           authorization;
   12.     Environmental authorization fee.

Head of the Regional Environmental Agency

________________
Signature, seal




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                                            Annex 5

                            REPUBLIC OF ALBANIA
                          MINISTRY OF ENVIRONMENT
             REGIONAL ENVIRONMENTAL AGENCY OF CIRCUIT _________

Reg. No.                                              ___________, on ___________200__

                                                                        Decision No. _____


                                ENVIRONMENTAL CONSENT

Pursuant to law No. 8934 “On Environmental Protection”, dated 09/05/2002, an
Environmental Consent has been issued to the following:

Business Activity: ___________________________________________
Applicant:         ___________________________________________
Business Location: ___________________________________________

The project shall comply with the following conditions and requirements:

   1.   _____________________________________________________________
   3.   _____________________________________________________________
   4.   _____________________________________________________________
   5.   _____________________________________________________________

The conditions and requirements shall be described in the Construction Permit issued
by the Territory Adjustment Council.

Head of the Regional Environmental Agency

________________
Signature, seal




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   Annex 2:            Model Forms for an Environmental Management Plan
A. MITIGATION PLAN FOR SUB PROJECT ________________________________________

       Sub-project                                  Possible               Mitigating
                         Item of Works                                                  Responsibility   Cost in Lek
       Phase                                        Environmental Impact   Measure




       Execution




       O&M




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                                                   B. MONITORING PLAN FOR THE SUB-PROJECT
                                         ___________________________________________________________________

                                            Where it is   How it is to                                     Cost in Lek to:       Responsibility to:
Sub-project Phase      Parameter to be                                   When it is to    Why it is to
                                              to be          be                                          Install     Operate   Install        Operate
                         monitored                                       be monitored    be monitored
                                            monitored     monitored




        Execution




         O&M




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Annex 3:       Environmental Assessments and Checklists
Environmental Assessment

The goals of an environmental assessment (EA) for a sub-project are to:

         Collect evidence that the proposed sub-project will not violate existing
         environmental regulations, except where approved by the appropriate environmental
         authority;
         Evaluate potential adverse environmental impacts;
         Highlight the need for specific prevention and/or mitigation measures;
         Make recommendations on the type and level of environmental activities at further
         stages of the sub-project, especially monitoring and mitigating negative impacts.

The steps to be taken are:

         Identification (Pre-feasibility) stage: The beneficiary community and
         commune/municipality will prepare a preliminary assessment of potential impacts
         using guidelines provided by ESSF.
         Feasibility stage: The LGU/proposer is responsible for ensuring that the following
         activities are carried out:
         o A desk study using documentation provided during sub-project identification and
             supported by other available data.
             This will result in a brief report describing the various impacts expected from the
             sub-project for use during the field assessment. The report will identify any
             further information to be obtained, information that needs to be confirmed during
             the field study, investigated in more detail, etc.
         o Visit the sub-project site to carry out a field EA to confirm the information
             already provided and collect any other information required to carryout the steps
             detailed below.
             This will result in a Feasibility EA along the lines detailed under Results, below.
             It may include suggestions of possible technical solutions that the designer may
             adopt to minimize any expected negative impacts and should also determine the
             need to engage a specialist environmental consultant to carry out a more detailed
             EA (see below). Depending on the circumstances this Feasibility EA may be
             prepared by the LGU/proposer, or a third party. However, in all cases the
             LGU/proposer has the responsibility to ensure that the Feasibility EA is of
             appropriate quality.
         Final design (Design Report) stage: Based on the Feasibility EA the sub-project
         designer or specialist environmental consultant will prepare his/her own assessment
         (Design EA), prepare the design of the sub-project or advise the designer as
         appropriate, and prepare the environmental management plan (EMP). Where
         appropriate, the latter should be prepared in conjunction with the sub-project
         designer.

Based on the information provided in the Feasibility EA the contracted sub-project designer
or specialist environmental consultant will:

         Make his/her own assessment of the affected environment.
         Investigate any restrictions on the use of land and resources for the sub-project.


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         Ensure that the design of the sub-project will minimize negative environmental
         impacts.
         Check that the sub-project proposal complies with other environmental laws and
         regulations.
         Estimate the range, scope and scale of the potential environmental impacts.
         Determine the result of the EA as detailed below.
         Make recommendations on the need for specific prevention and/or mitigation
         measures, through the preparation of an EMP.
         Prepare the required EMP.
         Ensure that the sub-project receives the necessary environmental approvals, prior to
         the commencement of construction.
         As the construction supervisor, ensure that the works are constructed as per the
         requirements of the EMP.

The Result of this final EA (Design EA) will be summarized in the designer‟s Design Report
for the sub-project, or, if prepared by a specialist consultant, will be annexed to it. Possible
statements are:

         Positive environmental impacts are anticipated.
         No significant adverse environmental impacts are anticipated.
         Possible significant adverse environmental impacts are anticipated.
         The proposed sub-project will violate existing environmental regulations.

The Design EA will be complemented by report and recommendations based on the
assessment, including:

         A brief description of the affected environment;
         A brief description of potential impacts;
         Recommendations on:
         o Whether the sub-project should be implemented or not (based on environmental
            grounds).
         o What specific prevention and/or mitigation measures should be taken during
            sub-project implementation, if any, including different technical solution(s)
            construction methods, etc., for design and/or construction, supported by the
            EMMP.
         o Any further EA and/or public involvement required at other stages of the sub-
            project.
         o The need for specialist environmental input(s), to prepare a more
            environmentally appropriate sub-project, and EMP.

The LGU/sub-project proposer will satisfy itself as to the accuracy and appropriateness of the
Design EA, assisted by the REA, and will take action to ensure implementation of the EMP
during the construction/rehabilitation and operation phases of the sub-project.




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Feasibility EA: Desk Study Checklist

As far as possible, this information should be provided by Beneficiaries during sub-project
identification. It should be supplemented by information available to the LGU/sub-project
designer from other sources. All the information should be verified during the field appraisal.

Issues of land and resource use, environmental permits and licenses
         What land-use permits required are already in place?
         What material resources will be required, e.g. water, stone, earth, etc.? Specify
         whether they will be used for construction and/or operation.
         Which resources require permits or licenses (forest use, water use, gravel for road
         construction etc)? Which permits are already in place?

Sub-project site description

Review the sketch plan provided showing the proposed scope of the sub-project. If no plan
has been provided obtain a suitable plan before commencing the study.

         What information is there about current land users/owners – name, contact details,
         type and extent of use/ownership? What information is missing?
         Does any part of the sub-project site fall under specific environmental regulations,
         e.g. nature reserve, protected area, national park? Specify.
         Does the project fall under regulations of any other specific law? Specify.

Potential environmental impacts and compliance with environmental regulations

         Describe any disturbances and/or nuisances that may be produced during
         construction and operation (soil, water resources, flora, fauna, noise, etc).
         Describe any activity that will fall any environmental protection category.
         What wastes will be generated during construction and/or operation? Which of them
         are toxic or hazardous? What are the estimated quantities and what methods will be
         used to treat and/or dispose of them, and where?
         What emissions will the sub-project create?
         Will the project create or increase risks of natural or other disasters (landslides,
         flooding, etc)? Specify the type, likely location and likely conditions under which
         they will occur.

Relevant Environmental Regulatory Authorities

Review the details of the parties interested in environmental matters provided by the
Beneficiaries (name, address, contact). Which other bodies should be added?

         Relevant Local Government Units, including any associated activities/services such
         as gravel extraction, waste disposal. Details of their environmental specialist(s), if
         present.
         Regional Environmental Authority (REA)
         Public Health Directorate
         Forestry authority; Nature reserve, National park (if applicable)
         Any other environmental protection authority.


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Feasibility EA: Field Study Checklist

This study should be conducted by LGU representatives in partnership with the beneficiary
community/communities.

Location

           Check the site plan provided and correct, modify and annotate as required. Include
           land ownership details as required. Where a plan is not provided obtain a site map,
           or make a sketch of the site plan and add information as suggested above.
           Mark the location of the site on a map of the local area, indicate the extent of the
           likely environmental impacts.

Site Survey Questionnaire:

           Who are the community representatives? Names, positions, contact details.
           What are the contact details of others interested in the site – local government, any
           specialist agencies – environmental and non-environmental?
           What is the approximate area of the site (ha or m 2) that will be used for the project
           activities? Identify permanent and temporary areas separately.
           What is the current use of the site? Provide a brief overview.
           What were its previous uses? Provide dates where possible.
           Describe the physical layout of the site, particularly any major features, e.g., hills,
           ravines, watercourses, water bodies, flood plains, erosion attributable to water run-
           off, sensitive habitats - e.g. marshy areas, nature reserves, protected areas, historic
           landmarks, soils, etc. Which ones change seasonally? Describe the extent and timing
           of the changes.
           Mark the details on the site plan and identify any of the features that could be
           affected by the proposed sub-project, their likely scope, scale and duration.
           What is known about the geology/hydrogeology beneath the site?
           What services exist on the site – water, sewerage, electricity, telephone? What are
           their approximate locations?
           Where will construction materials come from/surplus materials be disposed of?
           Carry out this procedure for areas where there will be a significant impact remote
           from the sub-project site, e.g., new sites and existing sites where more than 2% of
           production will be used in the sub-project.
           What special permits or licenses will be required? Who will issue them?
           What are neighbors to the site? E.g., buildings, fields, industries, schools,
           watercourses. What are their uses? Provide details of the landowners, tenants, etc.,
           and show the extent of their interest. Where possible estimate the distance to/from
           the site.
           Who else might be affected? When and how? E.g. children walking to/from school,
           people visiting heath centers, elderly people, flora & fauna, transport services.
           Which ones change seasonally? To what extent?
           What information is there about rare/protected species of fauna and flora (e.g. Red
           book species?)? List protected mammals, birds, fish, reptiles, natural plants and
           common cultivated plants, present in the area, or those of particular interest. Mark
           their current habitats, seasonal variations, breeding season, etc. What is/are the
           risk(s) to these species?


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         What are the current uses of water in the site? Give details. How this will change as
         a result of the sub-project?
         Has the site produced or is the site producing any wastes or effluent? If yes, give
         details, e.g., how much, when, where it goes to, etc. How will the sub-project
         change them?
         What facilities/systems are there for the disposal of surface water and/or sewage
         effluent? What is their capacity? Where are they? How will they need to change as a
         result of the sub-project?
         How will the sub-project change the landscape significantly (e.g., draining wetland
         areas, changing water courses)?
         Using the relevant checklist for the sub-project (see Appendices) list the impacts,
         both positive and negative to be expected or anticipated. Determine their likely
         timing, duration, scope and scale, and suggest measures than could be taken to
         monitor and mitigate the negative impacts.

Visual Inspection Procedure
Points to remember whilst on site:
         Visit as much of the site as possible, preferably on foot.
         Mark relevant information on a copy of the site plan provided, as well as making
         written notes. Include details of the surrounding areas – to determine impacts on
         neighboring areas and visa versa.
         Take photos of potentially sensitive areas and for general record purposes. Obtain
         permission first.
         Make notes of any odors, smoke or dust emissions, wastes, etc.




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Annex 4: Minutes of ESSF and EIA/SEA Consultation Meetings and List
of Public Consultations (during preparation and implementation)
The ESSF Public Consultation meetings were held in Orikum, Himara and Saranda on 7th and
8th April 2005. The purpose of the meetings and the program form them was discussed and
agreed with senior representatives24 of Vlora Qark on 31st March 2005. A suggested list of
stakeholders to be invited to attend was also agreed. The Chief of the Qark undertook to
arrange the invitations and be present in the meetings. The list of stakeholders to be invited
may be found in below together with specific comments made during the meetings on the
types of infrastructure proposed.

In each meeting the ESSF objectives and target of the stakeholder consultations were
explained by the local consultant for the ESSF preparation and consultation process. A
three-page summary of the ESSF in the Albanian language was distributed. It covers: (i) the
condition of the coastal zone from Orikum to Saranda, (ii) objective and actions of ICZMCP,
(iii) the ESSF, (iv) short description of type of interventions planned, (v) Environmental
safeguards procedures, (vi) Social safeguards procedures, (vii) Cultural heritage protection
procedures and (viii) Institutional strengthening and capacity building issues of LGUs and
central government agencies for facilitation of the ICZMCP.

The following matters were discussed:

        The procedures proposed under the ESSF for stakeholder & public consultations that
        will be carried out for environmental, social and cultural safeguard issues for each
        investment at each project stage.
        The ways local leaders and local stakeholders should be involved to achieve a real
        stakeholder and public consultations.
        The importance of observing Albanian legal requirements for clear and fair
        stakeholder and public consensus procedures for (i) EIA, (ii) land ownership and (iii)
        cultural heritage protection, was discussed.
        Additional requirements for stakeholder and public consensus in each of the above to
        meet WB policy requirements.
        Related legislation on urban, water, land, construction permission, etc.

To help the stakeholder better understand the ESSF procedures there was discussion of the
requirements for receiving a permit of construction for any work to be carried out
(landfill/WWTP/water network/road/etc), especially an environmental permit, possibly
accompanied by an EIA (including public consultations on the EIA as per Public Participation
Regulations Nr.1 “On Public Participation of EIA process” (MoEFWA, dated 17.08.2004 (Nr
233 of Prot.) as well as documents relevant to land use and ownership, i.e. ownership
documents from the Cadastral Office and documents from heads of the communes/villages on
the consensus achieved to use certain surface of land for investment purpose.

In each meeting it was explained that the notes of the meeting will be written and included as
an annex to the ESSF, with a register of the persons in the meeting, and that these minutes
will formally note each stakeholder‟s commitment to participate in the ESSF process during


24
  Chief of Vlora Qark, Mr. Theodhori Shija, Prefect of Vlora Region, Mr.Artan Nela, Director of Urbanism and
Tourism, Vlora Qark, Mr. Vladimir Haxhi.


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Project implementation and organize stakeholder and public consultations according to the
ESSF document and the Albanian Law.

List of Public Consultations Held during Preparation and Project Implementation

ESSF
The consultations for the Environmental and Social Safeguards Framework were held on
April 7, 2005 in Orikum and subsequently in Himare, and on April 8, 2005 in Saranda

With regard to the specific investments:

Solid Waste Management
The draft Environmental Impact Assessment for the Landfill and Transfer station was
disclosed in country on June 30, 2009 and in the Infoshop on September 14, 2009.

First Public consultations were held in Himare and Saranda on May 13, 2009. Second Public
Consultations were held on July 15, 2009 in Saranda. Additional meetings were held in Vergo
Commune on June 15, 2009 and a study tour to an operational landfill is planned for April
2010.

Porto Romano
The Environmental Impact Assessment for the Porto Romano Remediation was disclosed in
the country on January 30, 2008 and in the Infoshop on August 14, 2009.

The first public consultation meeting was held in Durres on February 15, 2007 and the second
public consultation meeting was held in Durres on January 30, 2008.

With regard to the Resettlement Action Plan, a meeting with families to be resettled was
organized on April 4, 2005

Port of Saranda
The Environmental Impact Assessment was disclosed in the country on May 28, 2007 and in
the Infoshop on June 14, 2007.

The first public consultation meeting was held in Saranda on March 8, 2007 and the second
public consultation meeting was held on June 26, 2007

Southern Coastal Development Plan and Strategic Environmental Assessment (SEA)
With regard to public outreach and consultations for the Southern Coastal Development Plan
and Regulations and the accompanying Strategic Environmental Assessment, first a
Participatory Dialogue was organized between October 15 -October 25, 2007 in Tirana,
Saranda and Himare. First Public outreach and consultations to present and discuss the draft
Coastal regulations, SCDP and SEA were held in mid December 2007 in Tirana, Himara,
Lukova and Saranda. Final Public consultation sessions were organized by the Ministry
during February 11-15, 2008.

Saranda Water and Sewer Project
The public consultations were integrated in the overall program for the upgrade of the
municipal water for Saranda.




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Coastal Village Conservation and Development Program
Specific dates for the public consultations conducted for the small village investments are
provided in the project implementation files. All village investments under the CVCD
program are identified and implemented through a highly participatory and inclusive process
described in the Program Implementation Guidelines.

Butrinti Environmental Management Plan
The first meeting was held in the village of Mursi, Xarra commune on February 27, 2009. A
Second meeting was held in Mursi, Xarra on April 24, 2009 and the third one on October 16,
2009. The Butrint Environmental Management Plan is still in draft.




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                  ORIKUM STAKEHOLDER MEETING 7 APRIL 2005
Meeting at 9.30 am, in the premises of Orikum Municipality.
Present:
Thedhori Shija, Head of Vlora Qark
Beqir Kashuri, Mayor of Orikum
Selaudin Nelaj, Head of Orikum Municipal Council.
Blendi Bani, Urban Chief Officer
Luiza Zani, Head of REA, Vlora Region
Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark
Sulejman Bebeqi, Director of Programming and Development, Vlora Qark
Roland Ibrushi, Director, “Orik Construksion”, solid waste collection contractor
Riviera Mjaltaj, Infrastructure and Services Officer
Sanie Hile, Officer of Agriculture Office
Mustafa Lagji, Alderman (Kryeplak), Radhime village
Fatmir Lacaj, Alderman (Kryeplak), Tragjas village
Thanas Qesargjoni, Agricultural Inspector
Genc Myftiu, ESSF local consultant, MoPWTT
Proceedings:
Welcome from Mayor of Orikum, Mr.Beqir Kashuri.
Project Objectives were presented by head of Qark, Mr.Thedhori Shija
The Mayor of Orikum presented his ideas on coastal tourism development and described the
recent urban operations works in Orikum town. He agreed to the need for stakeholder &
public consultations to pave the way in project preparation, but considers that this is not so
important in Orikum because of the stock of public-state owned land available. Other heads
of the villages did not agree and they described their respective problems that they were
optimistic about resolving with the donor investments hoped for.
Following discussion and explanation of the proposed ESSF procedures and the legal
obligations for such consultations, the Mayor and other participating villages heads
stakeholders agreed to proposed procedures and clearly declared that they will organize and
participate in the stakeholder and public consultations for providing suitable sites, free from
land ownership conflicts, for landfill and wastewater treatment plants (WWTPs) either for
individual villages, the LGU as a whole, or for the whole region. They are also committed to
participate in EIA and cultural stakeholder and public consultations, although they think some
of the procedures are too elaborate for them to attend to alone and that they need better be
informed on the process. They stressed the need for strong support and advice on how to
better manage and facilitate these processes.
The LGU heads and key experts declared themselves committed to cooperate in practical
terms in order to facilitate the Project. The Head of the Qark, Mr.Thedhori Shija, Ms Luiza
Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism
Department, Vlora Qark, declared their official responsibility to assist the stakeholder and
public consultations to facilitate the project.




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                  HIMARA STAKEHOLDER MEETING 7 APRIL 2005
Meeting started on 14.30 in the premises of Himara Municipality, Mayor‟s Office
Present:
Vasil Bollano, Mayor
Tatjan Rrapo, Secretary of Municipal Council
Luiza Zani, Head of REA, Vlora Region
Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark
Vasil Dani, Urban expert
Enea Kumi, Chief of Environment and Tourism
Lefter Prifti, Vice Mayor
Spiro Cura, Director Infrastructure and Service Department
Aleks Dedi, Director Municipal Police
Ilia Stramarko, Alderman Dhermi village
Dhimiter Coli, Chief of Kadastra office
Gogo Bifsha, Member of Council, village Dhermi Nr.2
Qirjako Malo, Vice Chief, village Dhermi Nr.2
Genc Myftiu, ESSF local consultant, MoPWTT
Proceedings
Welcome from Mayor of Himara Mr. Vasil Bollano. He also presented a description of
Himara municipality problems and issues emphasizing that Himara is not a poor location and
they have only growth problems targeting at improving tourism management.
Project Objectives were presented by Vladimir Haxhi, Head of Urban and Tourism
Department of Vlora Qark
The Mayor presented his ideas on sustainable development, and the procedures for public
consultations on the EIA (as per Public Participation Regulations Nr.1) were discussed. It
was apparent that many of the participants were unaware of the details of the legislation but
the concept seemed to be familiar and acceptable one. One participant said that the majority
of these procedures did not need to be so detailed. However, ultimately the stakeholders all
agreed to the ESSF proposed procedures for stakeholder & public consultations (S& PCs).
The heads of the villages and Mayor of Himara declared clearly that they can organize and
participate in the stakeholder & public consultations for providing consensual and suitable
sites, free from land ownership conflicts, for landfill and WWTPs, either for individual
villages, the LGU as a whole, or for the whole region. They also committed themselves to
participate in any EIA and cultural S&PC procedures required. However, they stressed the
need for strong support and advice on how to better manage and facilitate these processes and
declared themselves open to and learn and be advised on ways to improve their quality.
The urban study of Himara beach was displayed on notice boards in the Mayor‟s Office. This
was helpful in pointing out possible locations for further S&PC. The Mayor presented
information on some of the private partners in water and wastewater projects that they have
been consulting for them such as HUK-local firm. The Urban Office Director explained the
S&PC process they used to select the landfill site location near Vuno. Some of the technical
issues related to this landfill site were discussed.
Mrs Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and
Tourism Department of Vlora Qark declared their official responsibility to assist the
stakeholder and public consultations in the frame of ESSF to facilitate the project.



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                 SARANDA STAKEHOLDER MEETING 8 APRIL 2005
Meeting started on 10.00 in the premises of Saranda Municipality, Mayor‟s Office
Present:
Edmond Gjoka, Mayor
Theodhori Shija, Head of Vlore Qark
Areti Papadhima, Head of REA, Saranda office
Panajot Gunari, Director Urban Office, Saranda
Luiza Zani, Head of REA, Vlora Region
Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark
Kosta Kalugji, Alderman, Metohi village
Entela Skendaj, Officer, Infrastructure and Service Department
Aristotel Koci, Director, Infrastructure and Service Department
Dhimiter Karpuzi, Alderman, Zara village
Chief of Saranda Commune Council
4 other municipal experts - urban, tourism, etc
Genc Myftiu, ESSF local consultant, MoPWTT
Proceedings
Welcome from Mayor of Saranda Mr. Edmond Gjoka. He presented a description of the
challenges facing Saranda Municipality and new projects planned, especially those of the
downtown rehabilitation. These were inspected on site after the meeting.
Project Objectives were presented by Theodhori Shija, Head of Vlore Qark
It was difficult to direct the discussions toward the ESSF process as the Mayor had
misunderstood the objective of the consultations and wanted to discuss the need for better
tourism promotion. There were complaints about the poor GoA tourism policy in Saranda.
The local ESSF consultant therefore described the reasons why stakeholder and public
consultations are important to build consensus on possible investments. The Mayor and other
participating village heads then declared their improved understanding of the importance of
stakeholder & public consultations and agreed to the proposed ESSF procedures for them.
They made positive commitment to organize and participate in EIA and cultural consultation
procedures, especially for seeking consensus on suitable sites, free from land ownership
conflicts, for landfills and wastewater treatment plants (WWTPs) either for individual
villages, for the LGU as a whole, or for the local region.
The difficulties of land ownership in Vergo village were presented, the selected location for a
landfill. The need for strong support and advice on how to better manage the consultation
process to convince the stakeholders in the village to agree to the establishment of a landfill
nearby was expressed. Several options were discussed.
The same difficulty relates to the location of the proposed WWTPs. There are some options
near Cuka but land conflict is present. There was discussion of ways to resolve this, notably
land-for-land compensation and one-time compensation payment. No conclusion was agreed.
LGU officials and key experts declared themselves to be committed to cooperate in practical
terms to facilitate and resolve the current challenges. The Head of the Qark, Mr.Thedhori
Shija, Ms Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and
Tourism Department, Vlora Qark, declared their official responsibility to assist the
stakeholder and public consultations to facilitate the resolving of the difficult issue on
selection of landfill and WWTP location for Saranda.



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Integrated Coastal Zone Management and Clean-up Project
Environment and Social Safeguards Framework

List of Proposed Stakeholders to be invited and Consultation Plan

as drafted on 31 March 2005

Local Gov. Unit        Officials proposed to consult                                  Date & location of
                                                                                      consultations
Vlora Municipality     Qark &Regional urban office                                    7 April 2005
Orikum                 Municipal urban officer
Vuno village           Regional Environmental Agency                                  Start time 9.00 hrs
(landfill location)    Local Environment Inspection officers
                       Hygiene Centre (MoH)                                           Orikum
                       Chief land Registration Office (Ipoteka)
                       Local Waste management officials
                       Waste collection companies
                       Water Basin Authorities (linked to national Water Council)
                       Department of Cultural Monuments/Heritage
                       Coastal Guard office
                       Orikum Water & Waste water enterprise
                       Port authorities
                       Officials from Orikum and Vuno
                       Local NGOs/NPOs active in the region
                       Business community organizations such as chamber of
                       commerce, Association of tourist hotels/resorts
                       Media (requested by Head of Qarku)
Himara Municipality    Mayor                                                          7 April
                       Municipal Urban Officer
                       Local Waste management officials                               Start time 14.00 hrs
                       Waste collection companies
                       Municipal Health expert                                        Himara
                       Water &Waste water enterprise/experts
                       Local NGOs/NPOs active in the region
                       Association of tourist hotels/resorts
                       Media
Saranda                Municipal Urban Officer of Saranda Municipality, and of        8 April
Lukove Commune         Lukova and Bergo Communes
Bergo                  Regional Environmental Agency                                  Start time 9.00 hrs
commune/village        Local Environment Inspection officers
                       Hygiene Centre (MoH)                                           Saranda
                       Chief land Registration Office (Ipoteka)
                       Officials from Lukove Commune
                       Local Waste management officials
                       Waste collection companies
                       Water &Waste water enterprise
                       Coastal Guard office
                       Port authorities
                       Department of Cultural heritage
                       Archeological Institute representative in Saranda & Butrinti
                       project officers
                       Local NGOs/NPOs active in the region
                       Business community organizations such as chamber of
                       commerce, Association of tourist hotels/resorts
                       Media




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Letter of Invitation




                       REPUBLIC OF ALBANIA
         MINISTRY OF TERRITORIAL ADJUSTMENT AND TOURISM

Nr.      Prot.                                Tirana, on 31.03.2005
                                                               MR.THEODHORI SHIJA
                                                            CHAIRMAN QARKU VLORE

                                       INVITATION
RE: Consultation with stakeholders of Vlora Qark in the frame of ICZMCPr

As you are aware, MoTAT is involved in the preparation of a Program for Integrated
Management of the Coastal Zone. The general objective of the program is to protect the
natural and cultural resources of Albanian coast and to promote sustainable development and
management. The Objective of the Program will be achieved through: (i) establishment of
institutional and political framework of integrated management of coastal zone (ICZM) and
strengthening of regulatory capacity at central, regional and local level on protection of
natural, coastal and marine resources, (ii) increase the access to basic services accompanied
by improve quality of life and attraction of coastal zones; and (iii) implementation of
sub projects targeted at sustainable development of tourism sector.

That is why the MoTAT has organized together with levels of local government, the
stakeholder consultations for ICZMCPr.

The programme of consultations with local government will be like the following:

Date: 7 April 09.00 hrs in Orikum
Date: 7 April 14.00 hrs in Himare
Date: 8 April 09.00 hrs in Sarande

Since the consultations are fruitful to local government structures, I would suggest the
locations of the consultations to be within respective municipal buildings

You are pleased to participate in the consultations as well as to ensure the participation of
interested Vlora Qark Communes and Municipalities.

Thank you for cooperation.

                                                                                   Vice Minister

                                                                                          Signed
                                                                                    Artan LAME



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Specific comments made on the types of infrastructure proposed

In addition to the above discussions on the ESSF the participants expressed their concerns on the
following issues:

Orikum meeting

Waste collection and landfill location

There are two options (i) each village to decide for a village landfill location and (ii) one landfill
location for Orikum Municipality and all surrounding villages. They ask and need to be consulted
what option to decide. Heads of the villages feel more confident that each village should have its own
landfill.

The Mayor of Orikum declared that the LGU can provide a location for the landfill because it has
stock of public land, so no land ownership issues should arise. The Heads of villages also declared
that they can find land for their own separate village landfill.

All stakeholders called for an increase in the waste collection tax to be applied this year, especially for
hotels and restaurants, based on ”polluter-pays” principles (so far this tax covers only 25 % of the
cost).

The concern of Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and
Tourism Department (UTD) of Vlora Qark is the landfill location to be as far as possible from the
beach , outside the “touristic line” for development, as designated by the UTD.

Urban officer Blendi Bani and other local experts were for the existence of only one landfill and they
asked also for a modern landfill methods including waste classification - recycling of glass, plastics,
etc.

Waste water network (WWN) and Waste Water Treatment Plants (WWTP)

The big concern of all stakeholders is for WW networks and control of WW discharge in the sea.
Septic tank and filters are required at the beaches.

The type and technology of WWTP selected is an important issue for all stakeholders, especially to
Urban officer Blendi Bani and other local experts. They do not want lagoon-type WWTPs (because of
the great surface area to be occupied and because they believe that this type smells, does not recycle
waste water and brings other problems). They prefer installation of a higher technology WWTP.

Orikum WWTP designed location is near hydro-station and is located in public property land , so no
land conflict issues are present.

Other issue is the installations of compact treatment plants for separate villages like Radhime as well
as for separate hotels or separate group of hotels in order to achieve “zero pollution” of the beach.
These ideas were agreed to be included in the construction permit of new hotels /resorts as well as in
the exploitation license of hotels and resorts and all other potential polluters.

Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and
programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists
of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of
them (within the framework of the National Integrated Planning System).




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Himara meeting

Waste collection and landfill location

There is consensus on the selection of the landfill location (free from land conflicts) in the vicinity of
Vuno village. However, both, Luiza Zani, Head of ReA, Vlora Region, and Vladimir Haxhi, Head of
Urban and Tourism Department, Vlora Qark, claim that this location is inside Tourism Line.

It was also stated that another landfill in the village of Piluri was identified some time ago, but it was
cancelled because of the risk of polluting the groundwater.

Other issues discussed were those linked to know-how of solid waste collection and treatment. An
earlier pilot project in Vuno in 2002 has shown that a lot needs to be done on capacity building at local
level.


Waste water network (WWN) and Waste Water Treatment Plants (WWTP)

The Mayor said that they have a ready made project from HUK firm for WWTP the location being at
the site of the old one and no land conflict involved.

The stakeholders do not want lagoon-type WWTPs (because of the great surface area to be occupied
and because they believe that this type smells, does not recycle waste water and brings other
problems). They prefer installation of a higher technology WWTP.
Other issue is the installations of compact treatment plants for separate villages like Dhermi, Qeparo
etc., as well as for separate hotels or separate group of hotels, to achieve “zero pollution” of the beach.
These ideas were agreed to be included also in the construction permit of new hotels /resorts as well as
in the exploitation license of hotels and resorts and all other potential polluters.

Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and
programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists
of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of
them (within the framework of the National Integrated Planning System).




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Saranda meeting

The Mayor‟s main concern is tourism promotion and development. There is strong desire to say
“good words” for Saranda‟s tourist potential. A list of priority projects was delivered to the local
consultant.

Waste collection and landfill location is the biggest challenge and one of the issues that could reduce
tourism: poor communal waste and solid waste management – remnants of construction works that are
dumped along side Gjashta village, at the entrance of Saranda town. Consultancy support is needed
(i) to resolve Vergo village landownership issue and (ii) to establish a reduced negative impact landfill
operation.

Waste water network (WWN) and Waste Water Treatment Plants (WWTP)

Officials of municipality said they do not want lagoon-type WWTPs (because of the great surface area
to be occupied and because they believe that this type smells, does not recycle waste water and brings
other problems). They prefer installation of a higher technology WWTP. They called for consultancy
services for (i) the type of WWTP and (ii) consensus achievement for location of WWTP to be
installed.

They also claimed that the Wastewater Pumping station (PHARE project) does not work.

It was noted that Saranda was in a poor position compared to Himara and Orikum, which appear have
sorted out the social/landownership issues, and should therefore be able to advance their waste and
waste water interventions more quickly.

Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and
programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists
of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of
them (within the framework of the National Integrated Planning System)




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Annex 5:       Land Acquisition - Legal Provisions
Law 8561, dated 22.12.1999, On Expropriations and Temporary Takings of Private Property
for a Public Interest and four Council of Ministers Decisions define the procedures for
expropriation of immovable property. The expropriation of private properties is done only for
a public interest and with fair compensation. Expropriation is completed by a Decision of the
Council of Ministers based on the proposal of the minister who is competent under the law.
In general, expropriations may be done for projects and investments at the international and
national level, for the protection of archaeological, historical or cultural monuments and for
the protection of public health and security.

Law 8561 requires that direct notification procedures for the intent to expropriate begin within
10 days after the relevant Ministry accepts the expropriation request. In addition, a one week
publication period in a national newspaper is required. The valuation of property is
determined by calculating the average of purchases and sales registered in the Immovable
Property Registration System.

Notification of the final Decision of the Council of Ministers on expropriation is made
directly to the owners of the expropriated property, who have the right to appeal in court
within 30 days from receiving notice but only as to the amount of compensation specified in
the decision. An appeal against a decision of the Council of Ministers for the expropriation
does not suspend the implementation of the decision and the respective procedure for the re-
registration of the expropriated property.

In addition to the ministries involved in the expropriation, there are other institutions that
contain relevant information and must be consulted in the process as well. One of the main
institutions is the Immovable Property Registration System (IPRS). The IPRS administers all
spatial and legal ownership data related to immovable property. In addition to ownership
information, other real rights are registered in the IPRS was well. For example mortgages,
liens, leases and easements are registered for each property.

There are two different situations that have to be considered. The first situation is when the
property that is to be expropriated is located in a cadastral zone that has completed the process
of First Registration and the data have been transferred to the IPRS. The IPRS holds the
records of legal ownership and the process of expropriation can proceed in a relatively
straight forward manner. The second scenario is when a Cadastral Zone has not completed
First Registration. In these cases the expropriating entity will have to rely on documents
issued by the local land commissions in rural areas and several other types of documents for
urban areas. In many cases, during the process of First Registration, the field teams discover
that there are ownership or other disputes and/or discrepancies. It is common to have
boundaries extended, especially into public land or rights of way such as state agricultural
land, roads and drainage ditches. Verification of ownership is more difficult and unsure in
areas where First Registration is not complete.




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Annex 6 Photographs of proposed property & surrounding area, Shkozet,
        Durres




                                Street from main road, Shkozet.
                         (note residential properties on each side of street)




                                   View of proposed property
             (upper floor to be refurbished, note damp on wall above adjacent flat roof)



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                                   view of interior of upper floor
         (note good condition of interior, compared to existing properties at Porto Romano)




                           view of ground floor (similar to upper floor)
    (note damp patch upper right corner, attributable to poor hydro-isolation on adjacent flat roof,
                       but not seen in corresponding corner of upper floor)




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                   local houses immediately adjacent to entrance to factory unit


                Status of Implementation of Porto Romano Hot Spot Resettlement Plan
                                           September 2009

With regard to the actions pertaining to the resettlement of the four families who have been resettled
under the Resettlement Plan (2005), under paragraph 1.1 (iv), the four families were offered either
compensation or refurbished properties (apartments) in Shkozet, with “immediate ownership of the
properties.” The four families who were resettled in four apartments on the second floor of a building
renovated by the Ministry of Environment (Pic 1) were relocated on December 30, 2005 and in 2008.
The families confirmed their satisfaction with their new living conditions; the main concern specific to
the apartments was the inadequacy of the sewerage system.




Pic 1. Structure with 4 new apartments                   Pic 2. New Apartment provided by Municipality

The family that was resettled into the apartment renovated by the municipality (Pic 2) was moved
from a building in which they were squatting in 2008. The mission noted the concerns of the families
about construction debris and other trash near their buildings.




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Although the families have been provided housing there is a concern that they have not received
ownership of the apartments. They have filed paperwork with the municipality requesting ownership
(April 22, 2009) and have reportedly been informed by the Municipality that they should be paying
rent to the Municipality for the apartments. According to the families, they have not paid rent,
following an advice from the Ministry of Environment.

There are conflicting reports on the ground as to which government body owns the property.
According to documents made available, the apartments have been transferred to the municipality.
Failure of the families to receive ownership of the apartments violates the terms of the Resettlement
Action Plan. The Ministry of Environment is working with the municipality to resolve the families‟
ownership in accordance with the agreed-upon Resettlement Action Plan. The Minister of
Environment is engaged personally and has approached the mayor of Durres municipality to resolve
the pending ownership issues.

The IT Porto Romano raised a concern that other families have squatted on this Porto Romano site
since the above-referenced families were resettled after the cut-off date. Apparently, the municipality
has made some efforts to secure the site, but the fence or locks have been subsequently broken.
Recommendations to the Ministry of the Environment and the municipality by the Bank were provided
to jointly determine areas of responsibility for security and monitoring of the site, including
communicating to the local population about the health hazards of the site.




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