HUB MONITOR
ISSUE BRIEF 30 | November | 2017 The EU Policy Hub closely monitors EU integration process and the institutions involved, focusing
primarily on inter-institutional coordination among THE IMPORTANCE OF domestic governmental institutional bodies and their legal documents and reports. The monitoring NATURE CONSERVATION IN indicators and the methodological guidelines include the enacted regulatory and/or legislative acts; the THE EU INTEGRATION
activities performed (no. of meetings, action plans, PROCESS reports, strategies to address EC Report shortcomings, etc.); the evolution stage of draft
instruments; and the institutional and public scrutiny EU Policy Hub over results achieved.
INTRODUCTION addition, the aim is to highlight the existing Albania holds an important part of Europe’s problems in the implementation of the natural heritage and represents one of the acquis for nature and biodiversity first countries in the continent with the conservation in Albania and to emphasize highest portion of key biodiversity areas the respective recommendations, in order compared to the total surface of the to avoid every potential drawback to the country. Nature conservation, despite not country’s integration process in the receiving the required attention among the European Union. overall integration priorities, represents an important condition and obligation for the NATURAL HERITAGE OF ALBANIA AND ITS country to fulfil within the frame of the EU IMPORTANCE FOR THE EUROPEAN UNION integration process. In the field of nature Albania represents a very rich country in and biodiversity, Albania is obliged to terms of biodiversity, considering its small identify and protect its natural heritage surface. This is due to diverse relief, with high conservation interest for the natural landscapes and habitats. It is European Union, through identifying the reported that Albania counts a total potential Natura 2000 sites, based on the number of 7233 plant taxon, representing strict implementation of the two European 32% of the floristic diversity of Europe. In directives, respectively Birds Directive and addition, Albania holds as well, a very rich Habitats Directive. The accomplishment of fauna diversity with a confirmed number of such obligation includes two main aspects, over 5450 species of different groups, namely the approximation of the national among which around 110 species are rare legislation for nature and biodiversity and with high conservation interest at conservation with the European Union global level. legislation and related enforcement. For conservation of country’s This policy brief aims to emphasise the biodiversity and natural heritage, Albania importance of conservation and sustainable has established its National Network of management of the natural heritage of Protected Areas, which includes a number
Albania, based on the standards and the of 800 protected areas (including here the
1 directives of the European Union, as an monuments of nature), occupying around obligation within the integration process. In 16% of the total territory of the country.
Page
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 One part of the National Network of comply the obligations sourcing from it. Protected Areas and also considerable Emerald Network is the equivalent network number of other high nature value of protected areas Natura 2000, that ecosystems, are part of different European Union has established, as well, to international ecological networks. Prespa fulfil the requirements of the Bern Lakes, Karavasta Lagoon, Butrinti Lake - Convection. Çuka Channel - Stillo Cape and Skader Lake – Buna River are the four Albanian Map 1: Areas of High Nature Value in wetlands of international importance Albania recognized at national and recognized by the RAMSAR Convention, international level. ratified by Albania in year 1996. The transboundary area of Ohrid Lake and Prespa Lakes has received by UNESCO the status of the Biosphere Reserve. Likewise, the beach forests of Gashi River, in the region of Kukës, and the beach forests of Rrajca (central part of Shebenik-Jabllanicë National Park) are inscribed in UNESCO’s World Heritage List. Also, the transboundary areas along the ex-iron curtain of the communist times are included into the European Green Belt Network. Moreover, BirdLife International has recognized a number of 16 Important Bird Areas (IBA) in Albania which are recognized by the Albanian government and are lastly included in the new law for Protected Areas of Albania (Law 81/2017) as “Protected Areas of International Importance”. Furthermore, the Critical Ecosystem Partnership Fund (CEPF), currently one of the biggest international consortiums for nature conservation, Source: Elaborated by the author. through a scientific based and participatory approach has identified a number of 29 Key In the map we present all the above- Biodiversity Areas (KBA) in Albania. mentioned surfaces or the areas of high Last but not least, Albania has an Emerald nature values recognized at national and/or 1 Network composed of 25 sites, approved international level. From the map, it can by the Bern Convection in December 2012. be easily noticed that more than half of the The Emerald Network, includes areas of country’s territory, exactly 53.4% (15,342 2 Special Conservation Interest (ASCI), km ) is recognized as Key Biodiversity Area identified in the countries which have by the CEPF and if adding to this figure the ratified the Bern Convention, in order to difference of the remained surface out of
2 1 The map is prepared for this policy brief in the legend of the map are included within the
Page exploiting the shape files of the respective areas. boundaries of the areas which are reflected on The areas mentioned in the text but not reflected the legend of the map.
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 the KBAs network, but within the other Concerning the approximation of the ecological networks (such as Emerald, national legislation on nature and RAMSAR, IBA, National Network of biodiversity conservation, in the document Protected Areas etc.) the surface goes to of strategic policies for biodiversity around 60% of the country’s total surface2. conservation it is stated that Albania has The figure shows clearly that Albania is one made a progress estimated at the level of of the top countries in Europe with the 85%. In addition, in January 2017, the highest portion of the key biodiversity Parliament of Albania approved the new areas (recognized by national and Law on Protected Areas (No 81/2017), international ecological networks), which represents to a wide extent the compared to its total surface. approximation of the national legislation on nature and biodiversity conservation with STATE OF THE IMPLEMENTATION OF ACQUIS EU’s acquis. This law dedicates a specific COMMUNITARIAN FOR NATURE AND chapter (namely chapter V) to the BIODIVERSITY CONSERVATION IN ALBANIA protected areas of international importance AND THE RESPECTIVE CONCERNS and particularly to Natura 2000 network of In the frame of country’s integration protected areas. process into the European Union, in the Based on the description above, in the field of environment protection and more field of nature and biodiversity specifically in the aspect of nature and conservation, it is understood that Albania biodiversity conservation, Albania is has made significant progress in obliged to approximate its national accomplishing one of the main obligations, legislation with the European Union the one related with approximation of the legislation through the transposition of the national legislation with the legislation of EU Directives on Birds and Habitats. The the European Union. However, what is the Birds Directive aims at the conservation of state of progress for the second obligation: wild species of birds and their habitats in that of the identification of the Natura 2000 the territory of the European Union through sites in Albania? identification and designation of ‘Special Referring to the last report of the Protection Areas’ (SPA). On the other hand, European Commission for Albania, within the Habitats Directive aims at the 2017, it is expected the finalization of the conservation of a high number of wild evaluation of five selected areas based on fauna and flora species which are rare, the criteria of Birds and Habitats Directive. endangered or endemic. This directive This statement indicates that: firstly, the ensures also the preservation of around process of the identification of the sites in 200 different habitat types. The Albania complying with the criteria from implementation of the Habitats Directive Birds and Habitats Directives, is at early requires the identification and designation stages; and secondly, the time of the of Special Areas of Conservation (SAC). finalization of the complete list of the Special Protection Areas and Special Areas potential Natura 2000 sites is far. Why? of Conservation compose the European The Natura 2000 process requires a Union Network of Protected Areas called careful evaluation of the whole territory of Natura 2000. the country based on a solid scientific
3
2
Page The figure is calculated through GIS software through the shape files of the respective areas.
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 approach. Actually, through a 3.5-years conservation interest species at European project there are being assessed only five level (listed in Annex I of the Birds selected areas. This assessment is being Directive) the Lesser Kestrel (Falco made in the framework of IPA 2013 project naummani). On the other hand, the area of entitled “Natura 2000 Protected Aras in Munella Mountain is home for around 15 % Albania”, which is being implemented since of the global population of the Balkan lynx 2015. Even though the title gives the (Lynx lynx balcanicus)3. None of these impression that the main aim of this project areas are part of the national network of is the identification of potential Natura protected areas of Albania, likewise there 2000 sites in Albania, the real objective is could be other areas with such biodiversity almost completely different. This creates values which are not yet identified. This is the concern that the process of identifying due to the lack of data and the lack of the the Special Protection Areas and Special opportunities to collect data based on Areas of Conservation based respectively scientific methods. on the Birds and Habitats Directives is The IPA funds given to a potential getting underestimated, causing delay to candidate country for implementing the this process and uncertainty on its Natura 2000 process represent a unique successful finalization. The main aim of the opportunity for the benefiting country mentioned project, differently from what collect data on the biodiversity components was and it is expected (identification of based on strict scientific methodology in Natura 2000 sites), is to strengthen the order to identify areas of high conservation management of the protected areas in interest. The approach followed for the Albania through the implementation of the current implementation of the Natura 2000 management plans. Within this project, the process does not enables the achievement attention is focused only in one part of the the respective aim. The identification and national network of the protected areas. preparation of the preliminary list of The implementation of the Natura 2000 potential Natura 2000 sites stands as a process requires the evaluation of the second objective of this project. The whole territory of the country and not concerns raised up here are: when will the concentrating the efforts only in the final list be prepared and how is this going network of protected areas. The to be achieved (namely the identification of implementation of the right approach the Natura 2000 areas)? would have had enabled the identification Taking into consideration that the in Albania of the sites of high conservation above-mentioned IPA project is focused interest for the European Union based on only in the national network of protected the Birds and Habitats Directives. For areas and the rest of the territory remains example, as it is the case of Drino valley uncovered, related to the second question: situated in the region of Gjirokastra and the one way could be to gather secondary data. Munella Mountain situated in the regions of Based on reliable secondary data, Lezhë, Shkodër and Kukës. In the first normally, it could be possible to prepare a area, along the pre-migration season preliminary list of potential Natura 2000 happens a large gathering (around 2% of sites for the country. However, the the global population) of a high questions which raise up here are: (i) are
4
3
Page PPNEA (2017) Biodiversity Assessment of the protection. Survey report. Not yet available Munella Mountain area and justification for its online.
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 there enough reliable data available for this the benefits (in terms EU funds for nature purpose; and (ii) are these data available conservation) that this status provides. for all natural ecosystems in Albania that should be subject of the evaluation? CONSERVATION AND MANAGEMENT PROBLEMS Definitively the answer for at least the OF AREAS OF SPECIAL CONSERVATION second question is “no”. INTEREST IN ALBANIA A second alternative for achieving the Considering that the process of the desired objective is to ask for another IPA identification of potential Natura 2000 sites fund and implement a strict evaluation is under implementation and from what process. Again, two questions are raised mentioned above, the finalization of this also here: (i) would it be feasible to receive process it is expected to be delayed with at another fund, in a situation when Albania least 3-4 years4, then it is reasonable that has used once this opportunity; and (ii) if the Emerald network to be treated with the the answer of the first question is “yes”, same attributes as the potential Natura when this fund could be allocated again? 2000 sites. From these two simple questions and from The Emerald network includes Areas of what is described above, the least concern Special Conservation Interest (ASCI) felt is the delay in the implementation of identified in the countries which have the Natura 2000 process in Albania and in ratified the “Convention on the addition the uncertainty that this process is Conservation of European Wildlife and getting done and will be done properly. Natural Habitats” known differently as the The successful implementation of the “Bern Convention”. Identification and Natura 2000 process, in terms of quality reporting of the Emerald sites are done and time, represents one of the most from the signing countries to fulfil the important achievements for preservation obligations sourcing from the Bern and sustainable management of nature and Convention. In this line, the Natura 2000 biodiversity in Albania. The EU integration network is the instrument that European is one of the first national priorities of the Union has established to comply with the country. Once Albania, identifies and requirements of the Bern Convention. In proclaims the list of potential Natura 2000 this logic, since the Natura 2000 process it sites, then it is obliged within the is under development and the list of the integration process to protect and manage potential Natura 2000 sites is not yet these areas based on the standards and prepared, it is the Emerald network where laws of the European Union. In the context Albania should apply the management of Albania, this would create the strongest rules and standards of the European Union. “umbrella” for protecting these areas from The Emerald network, despite being the the numerous and serious threats. In this first from the importance (at least in the way, also the obligations sourcing from the frame of the country’s integration process Stabilization-Association Agreement in the in the EU), unfortunately is the last field of nature conservation are achieved. regarding the attention which receives. The The recognition of these areas as potential areas of the Emerald network receive a Natura 2000 sites, directly assures a better special level of conservation and protection and management also based on management actions only when one part or
5
4
Page Lifetime of the current IPA 2013 project, currently under implementation in Albania
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 the whole surface of their territory it is plans are presented in particular sites of overlaid with the national network of the Emerald network and in the meantime protected areas. these areas happened to be inside the The surface of the Emerald network, boundaries of the national network of the that is situated outside the boundaries of protected areas. These plans mainly the national network of the protected consist in the destruction of considerable areas, does not receive any special surfaces of the natural habitats for the conservation or management attention purpose of building massive tourism compared to the common (not part of any resorts or infrastructure. The most actual ecological network) territory of the examples are the presentation of such country. These areas are almost out of the plans for some of the best natural areas, informed management, monitoring and symbols of the Albanian nature and sustainable development approach. In biodiversity, likewise is the National Park many cases these areas are threatened Divjakë-Karavasta and the Protected from different legal and illegal activities Landscape Vjosë-Nartë. such as: (i) hunting; (ii) logging of forest The National Park Divjakë-Karavasta is surfaces; (iii) fires; (iv) pollution of water, the symbol site of the Albanian nature and habitats and landscape; (v) construction of the most important wetland in the southern hydropower plants and other objects. Adriatic. This area is habitat for more than These activities have caused habitat 245 species of birds and represents the degradation and loose of biodiversity in the area with the highest avifauna diversity in Emerald areas including species of high Albania. The National Park Divjakë- conservation interest for the European Karavasta is home for the only colony of Union listed in the annexes of Birds and the Dalmatian pelican (Pelecanus crispus) Habitats Directives. in Albania, which is a species of high The above mentioned activities might conservation interest at global level, be legal or illegal. In general, for the illegal holding the status “Vulnerable” based on activities it is reported the good will of the the Red List of the Endangered Species of government to control them through the International Union for Nature proposing and designing concrete Conservation (IUCN). Dalmatian pelican measures and the comparing statistics of (Pelecanus crispus) is also a species of high the occurrence of the illegal activities from conservation interest for the European one year to the other. On the other hand, Union, listed in the Annex 1 of the Birds for the legalized activities (in discrepancy Directive. Last but not least, this species is with the obligations that source from the part of the Red List of the Albanian flora Stabilisation and Association Agreement), and fauna holding the highest conservation theoretically and practically the status “Critically Endangered”. In Divjakë- government cannot justify. This represents Karavasta, it is found around 2% of the a direct precedent of the violation of the European population of this species or 52 country’s integration process in the breeding pairs5. Considering only this fact, European Union. it can be easily understood the high There are not few the cases when importance that this area has for the inappropriate investment and development Europe’s natural heritage.
6 5 Protection and Preservation of Natural
Page Environment in Albania (PPNEA), unpublished data.
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 In addition, this area is also home for Endangered is the disturbance and the the only heronry colony in Albania, which habitat destruction. The conservation work includes the (i) Pigmy Cormorant realized only along the last years aiming (Phalacrocorax pygmeus); (ii) the Night the alleviation of the mentioned threats, Heron (Nycticorax nycticorax); (iii) the enabled the recovery of the Dalmatian Squacco Heron (Ardeola ralloides), and pelican population and the decrease in the most likely also the (iv) Little Egret global conservation status from (Egretta garzetta); (v) the Great White “Endangered” to “Vulnerable”. Elimination Egret (Egretta alba); (vi) the Grey Heron of these threats also in the Divjake- (Ardea cinerea), and the Great Cormorant Karavasta National Park, as well, resulted (Phalacrocorax carbo). All these species in almost doubling the number of breeding are of high conservation interest for the pairs in the last colony of this species in European Union as are listed in the Albania only in few years. annexes of the Birds Directive. Holding Unfortunately, if the mentioned such biodiversity values, this area is part of investment will be realized, none of the all the ecological networks that Albania main threating factors (habitat destruction participates and without doubt a future and disturbance) can be avoided. Both Natura 2000 site. threats are manifested along the In early 2017, it was introduced the construction and operation phase of this project “Divjaka Resort Albania”, on which project. The habitat destruction can be have been organized several public illustrated with a very simple example, the hearings with the participation of different one of changing the natural habitat and stakeholders, including here, civil society landscape into an urban area, whereas the organizations, government organizations disturbance is generated from the presence and local inhabitants. This project consists of workers and heavy machineries in the in building a massive tourism resort inside area particularly along the construction the boundaries of the Divjakë-Karavasta phase. Re-bring these threats in the area National Park, in the meantime an Emerald can result in vanishing the last colony of site. Within this project is foreseen the the Dalmatian pelican and the last heronry destruction of natural surface of 3342 ha, colony in Albania and destruction of a where are included 200 ha of beach area, future Natura 2000 site. 1050 ha of forestry area, 820 ha of Allowing or legalizing investment agricultural land and 1270 ha of lagoon projects of this kind, which consist in area. The project will extend in a coastline changing considerable surfaces within of 12 km, where a touristic resort of around areas of special conservation interest, 90 ha will be built, including 370 villas, threating the natural habitats and species, 2400 apartments and hotels with a total constitutes a violation of the rules and capacity of 4300 beds. standards of the European Union for the It cannot be denied that such a project preservation and management of these has a significant impact in the natural areas. A good part of the EU countries have ecosystem, landscape and population of been penalized because of not the high conservation interest species at implementing the guidelines of the Birds national, European and global level. It is and Habitat Directives. BirdLife
now confirmed that the main reason for the International in year 2014 has compiled a
7 decrease of the population of the summary report with the cases of violation
Page Dalmatian pelican to the level of Critically of the Birds Directive treated by the
HUB MONITOR
ISSUE BRIEF 30 | November | 2017 European Court of Justice. One of the cases consideration at least the following closer to Albania in terms of context and recommendations: geography is the case of Bulgaria. In October 2009, the European Commission a) Firstly, to accelerate and finalize the sent four warnings to Bulgaria for violation process of unification of the national of the European Directives of Birds and legislation for nature and biodiversity Habitats, due to similar projects. One of conservation with the legislation of the these projects consisted in the construction European Union, through a clear of a skiing centre in the protected area of transposition of the European Union Pirin Mountains. This project had been Directives on Birds and Habitats. partly approved by the Bulgarian government before realizing a strict b) Secondly, to properly realize in time evaluation on the impact that the project and quality the process of the could have on the species and habitats of identification of potential Natura 2000 high conservation interest for the European sites, through the strict implementation Union. of both the above mentioned directives. In the framework of the integration Focusing only in the implementation of process, Albania is obliged to progress one of the directives is a totally towards the approximation of the national unjustifiable deficiency in this process legislation with the EU and to guarantee its which cannot guarantee a complete and enforcement. Legalizing projects of this reliable result at the end. kind constitutes real examples of regress to the country’s integration process in the c) Last but not least, until the finalization European Union. of the list of potential Natura 2000, it is the Emerald network which should be Conclusions and Recommendations managed based on the rules and Albania holds an important part of the standards of the European Union. The Europe’s natural heritage and in the Albanian government (that has framework of the integration process it is proposed to the Bern Convention the obliged to preserve and sustainably list of the Emerald sites in Albania) manage it based on the guidelines from the should pay special attention, in order Directives of the European Union. The not to legalize or allow investment analysis carried out for this policy brief projects in these areas which violate shows problems and delays in complying the rules and standards of the European with the integration obligations in the field Union. If the natural habitats and of nature and biodiversity conservation. If species with high conservation interest measures are not properly taken, the for the European Union are damaged or country risks facing consequences in the destructed as a consequence of the frame of the EU integration process, which investment projects legalised by the is in the meantime the first national Albanian government, then, this priority. In order to avoid such potential constitutes an unjustifiable abuse to the consequences, it stands very important for integration criteria and direct violation the Albanian government to take into of the integration process.
8
Page
www.eupolicyhub.eu EU Policy Hub is a Forum of young professionals aiming to promote, monitor and impact on the performance of Albania’s European integration process. [email protected]
f EuPolicyHubAlb