The EU has promoted environmental awareness in certain neighbouring countries, particularly those that are candidates for EU membership. There has been a specific focus on reviewing and improving regulatory frameworks relating to spatial planning, construction and environmental protection. Against this background, this article examines the:
Framework for EU accession countries.
EU planning, environment and construction framework, and its application to Kosovo.
Nature protection regulation in Albania and Montenegro, in relation to Lake Shkoder.
Framework for EU accession countries
The EU has developed programmes to support certain neighbouring countries. Governments in these countries are reviewing their legislative framework and harmonising it with EU and international laws and standards. They are also developing an adequate legislative, administrative and judicial capacity to apply and enforce these laws.
These programmes have become more stringent for Western Balkan countries, due to their status of official or potential candidates for EU membership:
In 2013, Croatia joined the EU as its 28th member state.
Serbia, Montenegro and the Former Yugoslav Republic of Macedonia have the status of candidate countries.
Bosnia-Herzegovina, Kosovo and Albania have potential candidate status, and have signed or are negotiating their stabilisation and accession agreements.
The stabilisation and association process
The stabilisation and association process (SAP) is the EU's policy framework for the Western Balkan countries, up to their EU accession (see http://ec.europa.eu/enlargement/policy/glossary/terms/sap_en.htm). It is based on a progressive partnership, in which the EU offers:
Trade concessions, economic and financial assistance, mainly in the form of technical assistance (twinning projects).
Contractual relations (stabilisation and association agreements) (SAAs).
As part of its supporting action, the European Commission carefully monitors progress made by governments in this region, and regularly identifies the need for additional assessments.
SAAs
SAAs are based mostly on the EU's acquis communautaire (see www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/ACQUISCOMMUNAUTAIRE.htm) (acquis) and provide for their promulgation in the Western Balkan countries' legislation. The depth of the policy harmonisation expected by SAAs is less than for EU member states. Some policy areas may not be covered by an SAA.
A specific chapter (chapter 27) is dedicated to the EU environmental acquis in all SAAs. The EU enlargement process provides a major opportunity for protection of the environment. Compliance with the environmental acquis is a significant challenge for the candidate countries and the potential candidates. The prospect of membership offers a framework for development, and provides concrete targets to be achieved.
To join the EU, countries must fulfil the economic and political conditions known as the Copenhagen criteria, according to which a prospective member must:
Be a stable democracy, respecting human rights, the rule of law, and the protection of minorities.
Have a functioning market economy.
Adopt the common rules, standards and policies that make up the body of EU law.
By their date of accession, candidate countries must be able to effectively apply all EU legislation and policy. During the pre-accession period, the European Commission works with candidate countries and potential candidates, to assist adapting of their environmental legislation and upgrading of their implementation and enforcement capacities, to meet EU environmental protection requirements.
Instrument for pre-accession
The instrument for pre-accession 2007 to 2013 (IPA) is a financial accession driven instrument. It aims to assist the candidate and potential candidate countries to fulfill the requirements stemming from the accession process, notably in terms of priorities, monitoring and evaluation (see http://europa.eu/legislation_summaries/agriculture/enlargement/e50020_ en.htm).
In terms of support, assistance to candidates and potential candidates under the IPA concentrates on institution building, in particular to strengthen the Copenhagen criteria, enhance administrative and judicial capacity and encourage some alignment with the acquis.
A new IPA for 2014 to 2020 is being discussed. Lawyers with a good knowledge of EU environmental policies and an experienced international practice on technical assistance and twinning projects may be able to contribute to the review, assessment and improvement of the regulatory frameworks of the Western Balkan countries, in view of their approximation to the EU acquis.
Other international donors
This legislative process in the Western Balkan region is also supported by other international donors. They bring additional points of view and experience to address global environmental issues, based on best practices. These donors include the:
World Bank.
Global Environment Facility.
United States Agency for International Development (USAID).
United Nations Human Settlements Programme (UN Habitat).
European bank for Reconstruction and Development (EBRD).
The EU planning, environment and construction framework, and its application to Kosovo
EU twinning project
From December 2011 to December 2013, an EU twinning project funded by the IPA programme 2007 to 2013 was carried out, called Institutional Support to the Ministry of Environment and Spatial Planning (MESP) of Kosovo (see http://eeas.europa.eu/delegations/kosovo/press_corner/all_news/news/2011/20111214_mesp_twinning_en.htm) (this designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence).
The project was awarded to a consortium led by the Regional Agency for Environmental Prevention and Protection of Veneto (ARPAV), including the Ministry of Environment of France. The author acted as leader of Component 4 on spatial planning and prevention of illegal construction.
The project aimed to assist Kosovo in facing serious environmental issues, in particular concerning water, waste and land management. In 2011, the situation was rather difficult in urban areas due to changed demographics and the pressure of migration from rural areas. This was reflected in unplanned construction, a poorly managed urban environment and inefficient public services, such as waste collection and waste and wastewater treatment. Lack of funds and pollution from power plants and mines were also challenges.
Kosovo had made progress in adopting legislation and policies. However, more work was needed to create an administrative environment able to ensure further approximation to European and international standards:
Departments responsible for the environment continued to suffer from a lack of resources (human, material and financial) and organisation that was not adequate to implement all obligations created by law. In addition, secondary legislation was not complete.
Institutions dealing with the water sector, waste collection and processing and environmental improvement in urban areas needed further building support capacity to manage the growing problems.
In some areas where legal approximation had been achieved, attention was still needed to focus on implementation and enforcement. In particular, through the adoption of strategies and plans, institutional capacity building and a substantial increase in funding and improvement of the Environmental Impact Assessment, permitting and inspecting procedures.
Raising of public awareness also needed to be strengthened.
The innovative aspect of the twinning project, compared to similar environmental projects funded by the EU, was Component 4 concerning spatial planning and construction.
EU planning strategies
The EU does not have direct competence or a mandate to directly influence national legislation on spatial planning. However, due to a number of EU policies over the years, member states now have a much broader range of issues to consider under their national planning system. They can be material to the determination of spatial planning and the consequent evaluation of planning applications, such as:
Energy use and conservation.
Air quality.
Carbon dioxide emissions.
Renewable energy.
Water conservation.
Waste management.
Biodiversity.
Quality of life indicators.
Health indicators.
Infrastructural networks.
Agricultural and rural development.
In addition, horizontal EU directives provide specific procedures and tools for permitting of projects and design and approval of planning instruments, such as:
Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (EIA Directive).
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (Strategic Environmental Assessment Directive).
Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the European Community (INSPIRE Directive).
Over the past ten years, the need for a strategy for the development of EU territory has emerged as an important issue in the policy debate. A number of factors have contributed to this:
The growing recognition among decision-makers, at all levels, of increasing functional interdependency. This is in the wake of technological changes in communication and transport, blurring of borders in the single market and increased opportunities for networking, tying together spaces and economies in Europe. This interdependency requires convergence of objectives and co-ordination of policies.
The challenges of globalisation, which make it vital for any EU country to strengthen co-operation with partners sharing the same interest and facing similar challenges, including immediate or more distant neighbours.
The enlargement process. This calls for an overall strategic approach for the development of a wide and diverse territory and the integration of future member states into European networks. This could relate to the European urban system, transport, energy and communication networks, or to natural areas of Community importance.
Budgetary constraints call for an effective use of increasingly scarce public resources, by tailoring interventions to territorial specificity.
This approach has contributed to the development of tools and the adoption of actions concerning territorial planning at EU level, through recourse to two practical approaches:
The European Commission has regularly bypassed and even permanently side-stepped the absence of EU competence in spatial planning. It has made recourse, for example, to concepts such as territorial cohesion, which has become a pillar of EU regional policy.
The slow process of creating a common land use planning culture in all member states.
As a consequence, spatial planning in member states now goes beyond traditional land use planning. It brings together and integrates policies for the development and use of land with other policies and programmes, which influence developments and communities and how they function.
EU environment and construction projects
Reference to the construction sector in Component 4 was also innovative in terms of EU environmental projects. It is deeply connected to one of the main objectives of the EU Climate Action (http://ec.europa.eu/clima). This is to introduce sustainable development into the construction industry, capable of bringing quality-of-life dividends to those living in towns and cities:
Many issues have to be taken into account, in accordance with EU directives, from the use of ecologically sound building materials to assessing the environmental impact of urban development strategies.
Harnessing the principles of sustainability in the construction industry helps Europe to create and manage a healthier environment. It means resources are to be used more efficiently, and decisions are made based on ecological principles.
The construction industry must take account of a variety of factors, not just how bricks-and-mortar products are made and used. Wider environmental, quality of life, economic, institutional and social issues also have to be addressed.
Initial position of spatial planning and construction in Kosovo
Activities included in Component 4 of the EU twinning project aimed to address several geographical, social, economic and administrative difficulties faced by Kosovo, which required a rapid improvement in spatial planning, urbanism and construction policies. These can be summarised as follows:
High density of population, which meant competition for various, possibly conflicting, uses of the most valued land.
Poor rural areas, which caused massive migration to the urban centres, with the depopulation of some settlements, especially in central, mountainous, and border areas.
Intensive migration to the urban centers, especially Pristine, which was done without appropriate plans to accommodate the influx of population. Therefore, illegal constructions, property disputes, inappropriate facilities and services for the inhabitants and exposure to industrial or natural risks occurred (flooding, erosion and so on).
Lack of proper housing facilities resulting in health and social problems, with poor households living in unsatisfactory conditions.
Uncontrolled spread of cities at the expense of valuable agricultural land. This was a threat to natural and cultural heritage and also prevented their future extension. It increased greatly the cost of developing appropriate infrastructure for the inhabitants (water supply, adequate waste water treatment, waste disposal and so on).
Lack of co-ordination among the Ministries for economic development, social welfare, infrastructure, transport, tourism and cultural heritage, energy, agriculture and the Ministry of Environment and Spatial Planning, and also among competent departments for environmental policies within the Ministries. This hampered achievement of the spatial planning objective to create a balanced and widespread economic and territorial development respecting the environment, the geographical features and the historical heritage of Kosovo.
Lack of information systems for spatial planning, including data about informal settlements, housing and construction developments. This caused a big obstacle at central and municipal level to determining future policies regarding spatial planning and construction.
These problems made many areas of Kosovo totally or partly out of the control of the central administrative institutions:
A territory not controlled and not properly planned can trigger social and environmental problems with consequent economic decline.
Without proper planning and clear rules, it is difficult to define attractive industrial areas for foreign investment, as well as promote tourist areas and control pollution and illegal dumping.
The obvious consequence is the inability to start a long-term policy of industrial development and tourism with private foreign investment. For Kosovo, this meant a lost opportunity to create widespread prosperity for its population.
The aim and the challenge of Component 4 was to contribute to a balanced, widespread and sustainable economic development of Kosovo, through planning economic and territorial development that respects the environment, its geographical features and its cultural and historical heritage.
Main results achieved in 2011 to 2013
Aims and objectives. Due to poor implementation of legislation adopted in 2004 in the spatial planning and housing and construction sectors, in parallel with the twinning project other projects funded by international donors (mainly USAID and UN Habitat) aimed to:
Assess gaps hampering the good functioning of existing rules.
Draft new laws or secondary legislation where needed to fill such gaps.
This process has meant a complete review of the spatial planning, construction and housing regulatory framework in Kosovo, in light of the approximation process to the EU acquis and other international standards. In 2012 to 2013:
A new Construction Law (04-L110 of 12 May 2012) was adopted (Law 2004/15 on construction).
A new law on spatial planning was adopted, introducing a new system of planning instruments at central and municipal level.
A new Law on Illegal Construction and a new Law on Condominiums were drafted.
However, without proper tools for its correct functioning, the system would have been unable to:
Provide Kosovo with a clear vision for its sustainable development, or its inhabitants with affordable housing, in safe, decent and healthy conditions, located in the best possible places (close to employment centres, away from heritage or other areas of protection, and so on).
Address many environmental and social problems such as illegal settlements and landfills, uncontrolled pollution, illegal constructions, difficult social integration and the social housing problem.
Component 4 of the twinning project therefore aimed to support the drafting of secondary legislation, together with other implementing tools, to ensure full implementation of the new laws in the spatial planning, housing and construction sectors. Special focus was also given to the review of the Law on the Financing of Social Housing.
Component 4 activities. More specifically, the following activities were carried out successfully by the member states experts of Component 4.
Activity 4.1 assessment and improvement of regulatory framework:
Guidelines for improvement/amendments of the spatial plan and to define uniform standards in relation to all spatial planning instruments at different levels, in accordance with EU best practices. Report on minimum technical norms for the implementation of central and municipal planning instruments.
Guidelines for the implementation of the Law on Construction. Administrative instruction on issuance of construction permits for category III projects.
Drafting of a (pilot) municipal housing programme, based on Law 03/L-164 on Financing of Special Housing Programmes. Comments to Lipjan Housing Programme.
Guidelines for the implementation of Law 03/L-164 on Financing of Special Housing Programmes. Recommendations on the implementation of Law 03/L-164 on Financing of Special Housing Programmes, with Annexed draft Law on Social Housing.
Action plan for the implementation of Eurocodes. Recommendations on the implementation plan for Eurocodes.
Recommendations on the implementation of Law 03/L-091 on Use, Management and Maintenance of the Condominium. Recommendations on the Draft Law on the Condominium.
Guidelines in issuing construction permits and licences (including issuing process of construction conditions based on the regulatory plans). Administrative instructions on issuance of construction permit for Category III Projects.
Guidelines for implementation of the Law on Illegal Constructions. Guidelines for implementation of the draft law on un-permitted constructions.
Activity 4.2 strengthening of housing and construction administrative structures:
Assessment of administrative framework structure, identifying responsibilities and including comments for its improvement. Recommendations on the administrative structure and organisation involved in the housing, construction and spatial planning sectors.
Set of indicators to link central and municipal spatial plans. Additional inputs to the technical norms for implementation of central and municipal planning instruments.
Activity 4.3 assistance in the preparation and implementation of spatial plans:
Further recommendations on the new Kosovo spatial plan already finalised.
Guidelines for preparation of zoning maps in the municipalities of Kosovo.
Activity 4.4 support to the management of protected areas:
Methodological guideline for the management of protected areas, including implementation criteria and tools for special zones (for example, cultural heritage). Cultural heritage protection, management and planning.
Management plans of protected areas. Set of recommendations to set up a planning process for protected areas in Kosovo.
Assistance in the implementation of an IT mapping system for the management of protected zones and illegal zones and of main polluted areas, with an interconnection to localisation of main informal settlements and illegal. Recommendations provided in the report named Set of recommendations to set up a planning process for protected areas in Kosovo.
Proposal of a protected area network, in compliance with Natura 2000. Set of recommendations for drawing up management plans for nature and cultural heritage.
Main priorities. The activities above were carried out taking into account the following main priority pillars:
Spatial planning must be a major concern for the competent institution (Ministry for Environment and Spatial Planning MESP)), and also for the various ministries in charge of the economy, transport, agriculture, culture, environment, social welfare, and so on. They should participate in the consideration of spatial planning, by:
providing MESP with valuable insight into their major issues; and
helping to draft spatial plans in line with their planning activities under specific legislation (in the sectors of water, waste, transport, tourism, cultural heritage, and so on).
Compliance with the spatial plan of Kosovo must be made compulsory for lower level plans. In accordance with the new Law on Spatial Planning, central and municipal spatial plans are to be designed to address the problems outlined above, such as:
control of the spread of cities;
protection of areas of special interest;
provision for economic and other support to remote areas;
special regulations for zones exposed to industrial and natural risks;
special regulations for industrial areas and tourist zones.
The design of such plans is already ongoing in Kosovo. Major efforts are needed to ensure their adaptation and co-ordination with the new set of rules. Special attention must be given to the actual implementation of these plans in compliance with the national spatial plan. Each lower level plan must be monitored and validated by the central level before approval, to check compliance requirements.
National and municipal spatial plans must include the zoning map and terms of construction for their implementation.
National and municipal spatial plans must include a chapter devoted to housing, with a thorough reflection of the housing situation, the need for new housing units, their best possible location, number, type, and target beneficiaries, and the financing of social housing policy. For this purpose:
a national housing strategy is needed in terms of co-ordination of policies at central level, taking into consideration housing developments at local level;
social housing needs must be identified, registered and managed;
housing associations and companies for the administration of condominiums must be established, registered and trained. A central level training programme is needed.
Legislative harmonisation with EU directives in the renewable energy sector, energy efficiency in buildings and construction materials is needed, as well as the training of staff to implement new laws to transpose EU directives in these fields.
An adequate administrative organisational structure must be put in place for:
elaborating, monitoring and implementing spatial plans and housing policies;
issuing building permits at central and municipal level; and
ensuring compliance with new obligations under the new law on energy performance of buildings.
This must include the development of an electronic system for the recording and monitoring of construction permit applications.
Rapid action has to be taken against unpermitted constructions under the new Law on Illegal construction. This will not only solve current problems created by existing illegal buildings, but also raise public awareness about the need to comply with spatial plans and to request building permits.
Support is needed to implement GIS mapping covering all relevant sectors, as provided by the INSPIRE Directive.
Further challenges
Following the radical new legislation in the social housing, construction and spatial planning sectors at central and municipal level, Kosovo is now in a transitional period. Due to the big efforts of the Housing and Construction Department and the Spatial Planning Department at MESP, with the support of experts from international projects (including the twinning project), new laws are in place. However, the secondary legislation and regulatory and technical tools to ensure implementation and enforcement are not yet fully available. In addition, the administrative structure responsible for policy design, implementation and enforcement of rules at central and municipal level needs to be strengthened. In particular:
The proposed new spatial planning system is still lacking technical standards and norms for spatial plans, and an adequate administrative structure to manage and implement them at municipal and central level.
The construction sector is also suffering from these gaps in the system. Clear and effective construction terms related to spatial plans at central and municipal level are required, as a basis for construction permits to be issued and monitored.
In addition, the lack of a GIS system in-line with the INSPIRE Directive, at central and municipal level, hampers implementation of spatial planning instruments and development of related policies. Increasing obligations arise for the construction sector from the transposition into Kosovar legislation of Directive 2010/31/EU on the energy performance of buildings (Energy Performance Directive).
Nature protection regulation: Albania and Montenegro
Purpose of the project
In 2012, Studio Legale Mora & Associati, in co-operation with other international and local consultants (the Consultants), was awarded a contract aimed at:
Providing technical assistance to the Ministry of Environment, Forestry and Water Administration of Albania (MEFWA) and the Ministry of Sustainable Development and Tourism of Montenegro (MSDT). This was to prepare and elaborate certain laws/bye-laws and other implementing tools relating to Lake Shkoder (also known as Lake Skadar and Lake Shkodra) as a protected area, national park, managed nature reserve and Ramsar site (that is, a wetland of international importance), in harmony with EU directives (Task 1).
Supporting the relevant authorities in preparing a binding bilateral agreement between the governments of Albania and Montenegro, relating to mutually agreed goals and objectives. This was to co-ordinate joint activities regarding protection and sustainable management of the Lake Shkoder watershed area, to ensure its sustainable development (Task 2).
The author acted as team leader of the consortium, taking part in elaboration of all project documents and consultations with institutional parties and the public. The project:
Was part of the Lake Skadar Integrated Ecosystem Management Project (LSIEMP).
Was financed through a Global Environment Facility (GEF) of the World Bank, a specific investment grant and government budget contributions.
Aimed to improve joint management capacities, promote sustainable use of the lake and stimulate pollution reduction.
Lake Shkoder and its importance
Lake Shkoder and its protection and sustainable development is highly important for Albania and Montenegro. It is located in both Albania and Montenegro. The management and protection of the lake must be carefully co-ordinated between the two countries, irrespective of its geographical extent in each country,
Lake Shkoder has been classified as one of the 24 European trans-boundary wetland sites of international importance, known as Ecological Bricks Sites (Europe' s Environment, Dobris Assessment, 1995). It is situated in one of the most important European migration routes for wild birds. The water and lowland birds consist of 203 species. About 90% of them are migratory species and have international significance. It is one of the five most important wintering sites for waterfowl in Europe, and a critical staging and wintering site for migratory birds, some of which are globally threatened. The lake has unique and rich flora and diverse fauna, which include numerous endemic species and rare species.
Protection of the lake's landscape and biological diversity is only possible if sustainable policies and practices are integrated with sector policies. These include agriculture, forestry, fishing and hunting, energy and industry, transport, tourism, protection of cultural heritage, property, land use, urban planning, waste and water management.
Threats to the environment
Water pollution is one of the major concerns regarding the preservation of the Lake Shkoder ecosystem (Lake Shkoder Transboundary Diagnostic Analysis, World Bank 2006).
Wetland areas are under threat from habitat degradation and extractive enterprises such as agriculture, fishing and clay/sand mining. There is an urgent unmet need to extend the protected area network, to include and protect wetland ecosystems adjacent to the land network. The high degree of linkage between land and adjoining sea requires the lake to be integrated into management regimes that deal with all human activities.
The location of Lake Shkoder is such that some of the major towns in the region gravitate towards its shores. Podgorica, Niksic in Montenegro, Shkadar in Albania, and the surrounding industrial and agricultural lands all have an effect on the Lake Shkoder ecosystem. This includes inorganic pollution from industry (the aluminum plant near Podgorica) and organic pollution (sewage waters from large towns, as well as agricultural run-off from the plains north of the lake). Water quality monitoring is done at state level and water quality is still generally good overall.
In addition, the Lake Shkoder area is extensively used by various stakeholders, such as fishermen and tourist workers. Those daily influences result in different types of disturbance. This impacts particularly on the reproductive period of birds. This is mainly because of unregulated water transport and failure to guard reserves, due to poor human and technical resources.
In Montenegro, fisheries are regulated by the National Law on Freshwater Fisheries and bye-laws and regulations, and enforced by the Ranger Service of the Lake Shkoder National Park. On the Albanian side, the new Law on Fishery integrates most of the relevant EU regulations in the fishing sector:
Regulation 1224/2009CE which create a control system to guarantee the Common Fishery Policy (CFP).
Regulation 1005/2008CE which creates a community system to prevent, encourage and eliminate Illegal, unreported and irregular fishing (IUU).
Regulation 2371/2002CE concerning the protection and sustainable use of fishery resources in the framework of CFP.
Regulation 1198/2006CE concerning the European Fisheries Fund.
Regulation 1967/2006CE concerning management measures for sustainable use of fishery resources in the Mediterranean Sea.
Regulation 104/2000 concerning the organisation of common markets in the sector of fishery and aquaculture products.
Regulation 1543/2000 establishing a Community framework for collecting and processing data necessary for implementation of the CFP.
Despite the legislative framework, illegal fishing takes place and is a major problem.
Bird hunting has been banned by law in 2002. However, cases of illegal hunting do take place, especially during migrations when flocks of waterfowl use the lake for resting. This may not affect population sizes to a significant effect, but it does create disturbance.
On the Montenegrin side, there are regional plans to develop nature oriented and rural tourism. There are lots of activities through which natural and semi-natural habitats are modified and destroyed (construction of buildings, conversion of habitats into agricultural land, construction of transport infrastructure and so on). This does not directly affect the wetland, but does create disturbance and has indirect effects by increasing levels of pollution and similar.
There is no specific data and research on invasive species. However, cases of uncontrolled introduction of non-indigenous species have been recorded (a species of piranha was found last year in Lake Shkoder). Also, the expansion of species related to agricultural land has been observed, for example the crow population has increased in the past years, and they affect the populations of other wild birds (by destroying clutches), though to an unknown extent (Assessment of the Current Situation of Lake Shkoder/ Skadar, Ramsar Site, June 2010 ( Regional Environment Centre ( REC)).
Results achieved
The activity carried out by the Consultants included:
Analysis of the national nature protection legislation in Albania and Montenegro.
Consultation with the MEFWA, MSDT and relevant stakeholders at national and local level. This was to identify the areas where existing and upcoming environmental secondary legislation should be modified or developed, to contribute to the correct transposition, implementation and enforcement of key EU environmental acquis and international legislation.
Albania. The project benchmarks developed with local consultation were:
Elaboration of the bye-law for the administrative structures of PAs at national level and for Lake Shkoder. Preparation of rules and guidelines for administration of protected areas, including composition, structure, duties, responsibilities, and so on.
Drafting a guideline (bye-law) for criteria and procedures for territorial internal sub-zoning in protected areas.
Preparation of bye-laws on penalties and institutions responsible for enforcing them in protected areas.
Montenegro. The project benchmarks developed with local consultation were:
Harmonisation of the Law on National Parks with the Law on Nature Protection.
Providing support (including support thought learning-by-doing) for MSDT staff, to finalise the draft Law on Natural Parks.
Providing support to the MSDT, in co-ordination with other ministries, departments and the public sector.
Providing support to the MSDT to organise public consultation during adaptation of the Law on Natural Parks.
Joint management of Lake Shkoder by Albania and Montenegro
Further to the assessment of current bilateral co-operation instruments between Albania and Montenegro to protect Lake Shkoder, the Consultants have submitted a draft bilateral agreement to stakeholders in both countries. This is to co-ordinate joint activities regarding protection and sustainable management of the Lake Shkoder watershed area, taking into consideration the following needs for improvement:
Upgrading protection of the lake through creating a Lake Shkoder/Skadar Lake Trans-boundary Natural Park (SLTPA), with its own management structure and common objectives identified in the bilateral agreement. The agreement provides for a transitional period, whereby the parties agree to use their best efforts to take necessary preliminary action (approximation of their legislation to EU acquis and increasing protection of the lake on both sides, by upgrading the formal status of Lake Shkoder Managed Natural Reserve to that of National Park).
The administrative structure for Lake Shkoder to be similar in both countries, with the ability for either to directly collect fees for use of natural resources of the Lake Shkoder Protected Areas, subject to legal and administrative constraints in both countries. Such adjustments are to be developed in-line with ongoing changes to the status of the public enterprise national parks of Montenegro, and the change of status of the Lake Shkoder Managed Natural Reserve to a National Park.
New governance structure for management of the SLTPA, including a ministerial committee with strategic powers to supervise activities of the joint management board (former bilateral commission). This was needed to ensure co-ordination of actions and policies affecting Lake Shkoder among the authorities in both countries (ministries for environment, agriculture, public works, tourism, industry, and so on).
Wide competencies for the joint management board, with a specific focus on joint management, inspections and monitoring procedures. For example, responsibility for permitting procedures for projects with trans-boundary effects, such as construction permits, Environmental Impact Assessment (EIA), and Strategic Environmental Assessment (SEA)), in compliance with EU acquis.
Working groups of the joint management board to have more specific competences (working group operational rules to be modified), and to include a joint watershed working group.
Further challenges
Despite recommendations provided by the Consultants, the new bilateral agreement between Albania and Montenegro for the joint management of Lake Shkoder has not been executed yet. This may be understandable due to the huge efforts required on both sides to strengthen administrative structures and related financial implications. However, the LSIEMP Project has widely contributed to raising awareness in both countries of the importance of protecting the fragile and unique ecosystem of Lake Shkoder, in view of ensuring sustainable development in the region.
More projects financed by international donors will follow. More recommendations from international experts will raise awareness among institutional players and the public. Hopefully one day, the Lake Shkoder Transboundary Park will become reality.
Contributor profile
Giovannella D'Andrea, Head of International Department
Professional qualifications. Solicitor, in England and Wales; Avvocato, Italy
Areas of practice. EU regulatory (energy, environment, food safety); PPP for large infrastructures; international commercial contracts; cross-border M&A.
Non-professional qualifications. LLM in European Law Studies, Free University of Brussels
Recent transactions
Advising a consortium holding a concession for the construction of an hydropower plant in the Balkan Region, in relation to the closing of the financial arrangements to start construction of the plant.
Advising an energy operator in relation to the EU funding available and the structuring of the financing of a major hydropower project in Italy.
Advising the Ministry of Energy in Kosovo, in relation to the approximation of national legislation to the EU acquis on energy efficiency and energy performance of buildings.
Advising the Ministry of Transport of Burkina Faso, in relation to the feasibility of a project financing for the construction of the highway between Ouagadoubou and Bobo Dioulasso.
Languages. English, French, Spanish, Portuguese
Professional associations/memberships. Milan Bar Association, Founding member of ICIR (Italian Centre for International Relations), Member of the Board of Fondazione Scoppa.
Publications
Co-author Oikonomia: the art of living, Ed. Gangemi: contribution on EU policy on Spatial Planning.
Co-author European Environmental Law Ed. Giappichelli 2012; contributions to The protection of water, Air Pollution; The Climate Change Policy.
Practical Law Environment multi-jurisdictional guide 2009/2010, The EU Emission Trading Scheme.
Exclusive Expert on Environmental Law matters for ILO (International Law Office), an international online publication delivering articles on environmental law and case law in Italy, addressed to a network of global counsels worldwide (2010).
Co-editor of a special periodical section on emission trading and the Kyoto Protocol in Quotidiano Energia (June 2006 to 2009).
Contribution to environmental policy aspects of the Third Edition of the Code of the European Union by Giuffré Editore, 2008.
Co-author of the Survey published by the Eurosportello Veneto (Euro Info Centre) on the approximation process and the effect of the implementation of the Acquis Communautaire 2006.
Co-author, The energy market in China, Petroleum Economist, October 1997.