University of Siena Environmental Legal Team (ELT) Legal Assistance in the Republic of Albania
- Report on Recommendations for strengthening the Designated National Authority (DNA) in Albania (June 2006):
- Introduction to the CDM and the DNA;
- Assessment of the national institutional structure and legislation regulating the establishment of the DNA;
- The Albanian DNA model;
- Identification of the institutional structure for the establishment of the DNA;
- Identification of the legal basis for the establishment of the DNA;
- Definition of the rules of procedure of the DNA;
- Identification of the national interim approval criteria for CDM projects;
- Definition of the model for the Letter of Approval;
- DNA financial sustainability;
- Establishment of the CDM national registry;
- Establishment of the DNA web site.
- A Training course on Kyoto Protocol and Clean Development Mechanism was held in Tirana in April 2006.
- The Kyoto Protocol as opportunity of cooperation between Albania and Italy;
- Introduction to the Kyoto Protocol;
- The Kyoto Protocol Flexible Mechanisms;
- Status of the implementation of the Kyoto Protocol in Albania;
- The Clean Development Mechanism as opportunity for Non Annex I countries;
- The Carbon Market and the Italian Carbon Fund;
- Linking CDM to the EU Emissions Trading Scheme.
- Report on Guidelines for the Creation of the Suitable Framework to host CDM in Republic of Albania (May 2007):
- Report on Guidelines for the Selection of Sustainable Development Criteria in the Republic of Albania (July 2007):
Legal Assistance to the Albanian DNA with regard to the carbon market:
The following Reports have been delivered in this sector:
- REPORT I on the International Carbon Market analysis (May 2008):
- REPORT II on carbon contracts and related issues (May 2008):
- Report on carbon market for Albania (November 2008):
More in detail, the Country’s Green House Gas reduction potential is analysed with the view to suggest actions for the CDM projects development in Albania, taking into consideration its host Country role, with the aim to improve its opportunities to participate to the carbon market. Finally, the Report identifies the Republic of Albania shortfalls still representing barriers for CERs selling in the carbon market, suggesting actions to overcome these barriers.
- The outcomes of the broader activities of cooperation (legal and technical assistance) provided by IMELS to MEFWA from 2006 to 2008 were discussed and presented in the WORKSHOP ON LEGAL AND TECHNICAL ASPECTS OF CERTIFIED EMISSION REDUCTIONS (CERS) AND CARBON MARKET TRANSACTIONS held in Tirana on February 26th 2008. The workshop Agenda focused on the following topics:
- The cooperation between the Ministry for the Environment Land and Sea of the Republic of Italy and the Republic of Albania;
- The International and European Climate Change Regime and the Clean Development Mechanism (CDM): Principles, Institutional Aspects, Requirements;
- The CDM Project Cycle;
- Albanian Designated National Authority’s (DNA) experience;
- Recommended structure of the DNA in Albania;
- CDM Case studies;
- Legal Issues of generating and trading Certified Emissions Reductions (CERs);
- From the issuance (ERPA) to the transfer of CERs;
- Types of carbon contracts for CDM Projects: the CERS Transactions.
- Draft Decision of the Council of Minister on the ESTABLISHMENT OF DESIGNATE NATIONAL AUTHORITY FOR CLEAN DEVELOPMENT MECHANISM IN THE FRAMEWORK OF KYOTO PROTOCOL COMMITMENTS:
The draft text of this proposal of Council of Ministers Decision has been developed on the basis of the Reports delivered in years 2007 and 2008 and pursuant to the relevant applicable international and national legislative framework (namely: Article 100 of the Republic of Albania Constitution; Article 1 of Albanian Law No. 9334, dated 16.12.2004, On Adherence of Republic of Albania to Kyoto Protocol; of Article 12 of the Kyoto Protocol; of Article 5 of the Albanian Law No.9791, dated 23.7.2007, On Some Changes and Additions to Law No.9385, dated 4.5.2005 On Forests and Forestry Services; of Article 1, paragraphs 44 and 45 of the Albanian Law No. 9890, dated 20.03.2008, On Some Changes and Additions to Law No. 8934, dated 5.09.2002, On Environmental Protection). It has been structured as follows:
- CHAPTER I-GENERAL PROVISIONS: Article 1 (Definitions);
- CHAPTER II-DESIGNATE NATIONAL AUTHORITY: Article 2 (Establishment of Designate National Authority (DNA)); Article 3 (Organization of Designate National Authority (DNA)); Article 4 (Structure of DNA Committee/Technical Secretariat); Article 5 (Responsibilities of DNA Committee); Article 6 (Responsibilities of DNA Technical Secretariat);
- CHAPTER III-SUBMISSION AND EXAMINATION OF PROJECT IDEA: Article 7 (Project Idea Examination by DNA); Article 8 (Procedures of approval); Article 9 (Necessary supplementary documents); Article 10 (Examination by DNA Technical Secretariat); Article 11(DNA Committee Opinions); Article 12 (Letter of Acceptance);
- CHAPTER IV-FINAL PROJECT APPROVAL: Article 13 (Submission of Complete Project Document (PDD)); Article 14 (Requirements for Complete Project Document (PDD)); Article 15 (Examination of Complete Project Document (PDD) by Technical Secretariat); Article 16 (Examination and approval of Complete Project Document (PDD) by DNA Committee); Article 17 (Project letter of refusal);
- CHAPTER V: SELECTION OF DESIGNATE NATIONAL AUTHORITY EXPERTS: Article 18 (Selection criteria for DNA experts); Article 19 (Financial issues); CHAPTER VI-FINAL PROVISIONS: Article 20 (Entry into force).
- Explanatory note to the Legal Act on the establishment of the DNA in the Republic of Albania, having the purpose to briefly clarify the CDM projects aim and the importance of the DNA’s formal legalisation procedure, at the same time suggesting the most suitable solution for such legalisation in the Republic of Albania. After a brief introduction on the topics raised above, the explanatory note presents and describes the proposal of Legal Act for the formal establishment of the Designated National Authority (DNA) in the Republic of Albania that has been submitted to the Republic of Albania Ministry of Environment, Forestry and Water Administration.
- DECISION ON APPOINTMENT OF THE DESIGNATE NATIONAL AUTHORITY OF CLEAN DEVELOPMENT MECHANISM IN THE FRAMEWORK OF THE KYOTO PROTOCOL COMMITMENTS (March 2009);
- Regulation no. 1 dated 25.03.2009 On the Rules and Procedures for Assessment and Adoption of CDM projects.
- Q &A for the Republic of Albania DNA (march 2009):
The document provides an operative set of questions and answers useful for the DNA and for the Officials involved in the implementation of the UNFCCC and the Kyoto Protocol in Albania.
- The activities for the establishment of the DNA pursued the objective of providing such Authority with the necessary legislative, operative and expertise tools for CDM assessment and attraction. Therefore from April to May 2009 a Capacity Building Programme for the Albanian DNA was held in Tirana. The Capacity Building Programme has been developed through some specific training sessions, focusing on the following topics:
- Session I: Introductory session: defining the legal, economical and environmental framework:
- The international strategy against Climate Change;
- Host Country Benefits and Obligations under Kyoto;
- Introduction to the CDM;
- Session II: The Clean Development Mechanism:
- The CDM Project Cycle step-by-step;
- Key entities involved in the CDM project cycle and their role in the development and evaluation of a CDM project activity;
- The Role of the DNA in the evaluation and assessment of PDD;
- Follow-up: the DOE and the EB;
- Domestic legal issues with an impact on the development of a CDM project activity;
- Session III: Developing a CDM project and the role of the DNA:
- Key Concepts in a CDM project activity;
- Developing a PDD;
- Special Cases of CDM Project Activities;
- Session IV: Special Types of PDD:
- Special Types of PDD;
- Status and obligations of the Republic of Albania under the Kyoto Protocol;
- The Republic of Albania and the CDM: establishing the suitable framework to host CDM projects.
To this respect, the ELT assisted METE for the development of the primary and secondary legislation in Energy field and operated in the following sectors:
- Gap analysis of the Albanian Power Sector Law and drafting of the necessary amendments in line with the EU applicable legislation
- Drafting of the Regulation on the procedures for granting the authorisation for new energy installations
- Drafting of the new Renewable Energy Framework Law.
- Report on the Comparative analysis of the Albanian renewable energy primary legislation with the EU acquis communautaire and relevant Italian legislation on renewable energy sources (July 2008):
The analysis of the Report aims at providing the legal support for the modification and approximation of the Albanian primary legislation on renewable energies with the EU (Directive EC/2001/77 and EC/2003/54) and Italian ( Legislative Decree 387/2003, Legislative Decree 79/1999 and Law 239/2004) models through a comparative analysis of the Albanian renewable energy primary legislation with the EU acquis communautaire and relevant Italian legislation on renewable energy source. The first chapter of the Report focuses on the EU framework legislation and policy on renewable energy, particularly analysing the principles and guidelines expressed in the EC directives 2001/77 and 2003/54 and in the EU Commission Renewable Energy Road Map. Chapter two presents the Italian legislation in the sector of renewables, designed on the basis of the EU one. Finally, chapter three is dedicated to the Republic of Albania power sector law, no. 9072 of 2003, as in force at the time of release of the Report, providing a comparative analysis with the two models mentioned above, with the purpose of clarifying its features, shortcomings and need of modification with the ultimate aim to eventually facilitate the adoption of a new Renewable Energy Law, regulating separately the entire renewable energy sector. The report concludes with some final remarks and incisive Recommendations on how to improve the Republic of Albania energy legislation. These final recommendations were suggested with the intent to provide a basis for the new Albanian Renewable Energy Law and to approximate it to the EU and Italian models, by exhaustively regulating the renewable energy sector, its promotion and development, in the light of the outcomes of the analysis developed in the first three chapters.
- Report on the Criteria for the Grant of the Authorisations for the Construction of Generating Capacity in the Republic of Albania (June 2008):
- Taking into consideration the analysis of Report on the Criteria for the Grant of the Authorisations for the Construction of Generating Capacity in the Republic of Albania a draft proposal of Regulation on Procedures for Granting of Authorizations for Construction of Power Plants not Subject of Concession was submitted to METE.
The Council of Ministers has adopted a regulation on the procedures for granting authorization for construction of new power generation capacity, which defines the requirements and time schedule of getting a generation authorization, based on the draft proposal mentioned above.
- Comments to the Republic of Albania draft Law on Renewable Energy (February 2009):
The Document represents a background primary step to identify the gaps and needs of revision of the Albanian Legislative framework related to RES in order to harmonise it with the EU targets and model.
- Report on Proposal of amendment to the Republic of Albania Renewable Energy draft Law with particular regard to the RES-E support schemes (June 2009):
- Proposal of draft LAW ON RENEWABLE ENERGY SOURCES (October 2009-March 2010):
- CHAPTER I- GENERAL PROVISIONS: Article 1 (Purpose); Article 2 (Object); Article 3 (Definitions);
- CHAPTER II-NATIONAL TARGETS AND MEASURES FOR USE OF ENERGY FROM RENEWABLE SOURCES: Article 4 (National targets of renewable energy sources); Article 4/1(Quota obligation of electricity produced from renewable); Article 5 (National Renewable Energy Action Plan); Article 6 (Calculation of the share of energy from renewable sources); Article 7 (Measures for the use of energy from renewable sources); Article 8 (Information and training); Article 9 (Renewable energy fund); Article 10 (Management of renewable energy fund);
- CHAPTER III- PROMOTION OF ELECTRICITY PRODUCTION FROM RENEWABLE SOURCES: Article 11 (Support for streamlining licensing and permitting procedures); Article 12 (Connection to grid); Article 13 (Grid connection costs); Article 14 (Obligation to purchase the electricity produced from renewable energy sources); Article 15 (Feed-in tariffs); Article 16 (Regular evaluation); Article 17 (Specific provisions for hybrid plants);
- CHAPTER I-GUARANTEES OF ORIGIN OF ELECTRICITY PRODUCED FROM RENEWABLE ENERGY SOURCES AND GREEN CERTIFICATES: Article 18 (The guarantees of origin); Article 19 (Assurance mechanism); Article 20 (Green Certificates); Article 21(Green Certificates and quota obligation); Article 22 (Development and regulation of green certificates market); Article 23 (International cooperation on Guarantees of Origin and Green Certificate system);
- CHAPTER V-SPECIFIC PROVISIONS FOR SOLAR WATER HEATERS: Article 24 (Promotion of SWH);
- CHAPTER VI-FINAL PROVISIONS: Article 25 (Administrative sanctions); Article 26 (Secondary legislation); Article 27 (Entry into force).