E1141 V8 Public Disclosure Authorized

REPUBLIC OF ALBANIA

Ministry of Public Works, Transport and Telecommunications

Public Disclosure Authorized Albania Integrated Coastal Zone Management and Clean-up Project

Public Disclosure Authorized Environment and Social Safeguards Framework (Updated for Project Restructuring)

Public Disclosure Authorized

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...... 16 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...... 57 4.1. Principles and objectives governing Social Safeguards in the ESSF ...... 57 4.2. Albanian Legal Framework and World Bank OP 4.12...... 59 4.3. Categories of Affected Persons, Eligibility Criteria, and Compensation...... 60 4.4. Preparation of Resettlement Action Plans...... 60 4.5. Consultations with Affected People...... 61 4.6. Description of the Implementation Process and Responsible Institutions ...... 61 4.7. Grievance Redress Mechanisms ...... 61 4.8. Arrangements for Monitoring and Evaluation...... 62 5. Process Framework for Butrint National Park ...... 62 5.1. Participatory Planning Approach...... 62 5.2. Contact Person for Process Framework ...... 62 5.3. Community Mitigation and Resource Management...... 63 5.4. Local Management Forum ...... 63 5.5. Monitoring and Evaluation Arrangements...... 63 5.6. Plan of Action...... 63 6. Cultural Assets...... 63 6.1. Description of the Legal, Institutional and Administrative Framework ...... 63 6.1.1. Albanian Legal Provisions...... 63 6.1.2. Administrative Framework ...... 64 6.2. Guidelines & Procedures...... 66 7. Public Disclosure of the ESSF ...... 68 7.1. Public Discussion of ESSF...... 68 7.2. Public Access to ESSF ...... 68 Annex 1: Types of projects relevant to the ICZMCP that appear in the Law on EIA Appendices and other Documents...... 70

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Annex 2: Model Forms for an Environmental Management Plan...... 104 Annex 3: Environmental Assessments and Checklists ...... 106 Annex 4: Minutes of ESSF and EIA/SEA Consultation Meetings and List of Public Consultations (during preparation and implementation)...... 111 Annex 5: Land Acquisition - Legal Provisions...... 125 Annex 6 Photographs of proposed property & surrounding area, Shkozet, Durres ...... 126

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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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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. 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.

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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(iii) Coastal Village Conservation and Development Program which targets the coastal communities/villages on the Ionian Sea Coast for community-based small 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.

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

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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Environmental Permit an activity with an environmental impact may not commence and continue.

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

Description of the Legal, Institutional and Administrative Framework

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

E11410v80P0868070Box345602B01PUBLIC10.doc 5 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework procedures: presentation of the application, preliminary review, selection and classification criteria, public hearing and consultation, access to information, duties and rights of other 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;

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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gj) Rehabilitative measures in case of pollution and damage of environment as well as their cost; 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.

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.

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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The Regional Environmental Inspectorate is responsible for inspecting observance of the EMP and other conditions specified in the environmental approval.

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

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 Procedure To Be Followed Bank Albanian Legislation (Meeting both Albanian and World Bank Category standards) A Appendix 1, Law on EIA • A Profound EIA and EMP6 for the sub- Example sub-projects: project will be prepared by the proposer. • landfill to receive • At least two public consultations7 will be hazardous waste; held, one at the start of the EIA process and one • landfill to receive at the end. at least 30t of • MoEFWA approval will be obtained and non-hazardous waste the relevant environmental approval issued8 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 Example sub-projects: Summary EIA) and EMP for the sub-project • wastewater will be prepared by the proposer. treatment plant, • At least two public consultations will be held • landfills not (as above). included in 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 MoEFWA Guidance No. (to meet both Albanian and World Bank 10 3, dated 08/17/2004 requirements). • 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 Appendix 1 or Appendix 2, environmental conditions and MoEFWA May be in Annex 1 and 2, requirements. MoEFWA Guidance No. 3 • MoEFWA approval of EMP will be obtained, and the relevant environmental approval issued (as above).

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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N/A Strategic Environmental • Special legal dispositions Assessment (SEA) (e.g. regulate the procedures. development programs on • A positive environmental transport, energy, declaration is required for adoption of sector tourism, industry, strategies, development action plans, and programs. 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 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.

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

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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 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

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

Operational Procedures for Environmental Assessments

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.

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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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 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

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• 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;

• 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.

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• 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. • 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.

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.

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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.

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 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.

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

E11410v80P0868070Box345602B01PUBLIC10.doc 16 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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

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.

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

E11410v80P0868070Box345602B01PUBLIC10.doc 17 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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 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

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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.

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

E11410v80P0868070Box345602B01PUBLIC10.doc 19 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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, 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

E11410v80P0868070Box345602B01PUBLIC10.doc 23 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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

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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 commission At the end of each Regional Well 1 placed upstream of the landfill, phenols, hydrocarbons, metals monitoring wells and the surface water control ing calendar year, Environmental and Wells 2 and 3 placed downstream (As, Cu, Cd, Cr total, Cr VI, Fe, station summary data will Agency in the expected groundwater flow Hg, Ni, Pb, Mg, Zn), and • water sampling from the monitoring be provided to the (MEFWA), direction. The wells will be a minimum ammoniacal, nitrogen, nitrous wells and the ditch 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. wells and the ditch information and • laboratory analyses of water samples for release to • processing and accumulation of public information monitoring data or enquiry. • reporting on long-term monitoring. 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 3 months) Agency downstream in the expected groundwater phenols, hydrocarbons, metals monitoring wells and surface water control At the end of each (MEFWA), flow direction. The wells will be a (As, Cu, Cd, Cr total, Cr VI, Fe, station calendar year, minimum of 30 m depth. Hg, Ni, Pb, Mg, Zn), ammoniacal, • water sampling from monitoring wells summary data nitrogen, nitrous and nitric • laboratory analyses of water samples will be provided nitrogen. • processing and accumulation of to the Regional monitoring data Environmental • reporting on long-term monitoring. 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

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Environmental Monitoring activity Parameters Methodology Frequency Responsibility Responsibility for compartment for monitoring legal oversight activity and enforcement monitoring upstream from the landfill site, and conductivity, percentage oxygen three sampling points, namely: year (every Operator Environmental 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 months). Qark Agency (MEFWA) monitoring wells with Well 1 placed Cd, Cr total, Fe, Ni, Pb, Mg, Zn), monitoring wells and the surface water control upstream of the landfill, and Wells 2 and ammoniacal nitrogen. station At the end of each and 3 placed downstream in the • water sampling from the monitoring calendar year, expected groundwater flow direction. wells and the ditch summary data will The wells will be a minimum of 30 m • laboratory analyses of water samples be provided to the depth. • processing and accumulation of Regional monitoring data Environmental reporting on long-term monitoring. 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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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 2-47 g/L in the upper aquifer. • The high levels of total chromium in the groundwater in the upper aquifer are between 50 and 28,300 g/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 g/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

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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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.

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; excavation • Reduction of the stockpiling period to a 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 in Exhaust gas emission from engines of vehicles • Trucks and engines used during operations shall the air 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, Operation Air quality improvement with Containment of the contaminated soil in the capped Not required (Positive impact) and Maintenance particular reference to air smell landfill (no exposure to wind erosion 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 and • During Landfilling operations the waste water GROUNDWATER underlying groundwater wind erosion due to soil excavation of soil in collected in the drainage system shall be pumped via contaminated areas 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 deposition from the non contaminated soil. and inappropriate stockpiling in clean-soil areas) • The surface where the contaminated soil is kept shall be preliminarily covered with HDPE sheets. Increase of the vulnerability of the Landfilling operations increasing the load of • The landfill design ensures that the risk of 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 other Machine breaking or mishandling during refill or • Procedures for waste oil disposal and for operating machine 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, Operation Improvement of the quality of soil The contaminated soil will be removed so as to Not required (Positive impact) and Maintenance and groundwater in the remediated ensure that the residual concentrations for the areas 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, Operation Waste water discharge into surface Discharge of waste water from the landfill leachate The drainage collection sumps will be periodically emptied and Maintenance water bodies drainage system by means of vacuum trucks. Liquid waste will 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, Operation Improvement of the environmental Remediation Project Not required (Positive impact) SENSITIVE AREA and Maintenance conditions of the area and positive effect on the surrounding habitats. LANDSCAPE Post remediation, Operation Improvement of the landscape of Demolition of the existing remains of prior Not required (Positive impact) and Maintenance the area. industrial buildings and skeleton structures PUBLIC HEALTH AND Post remediation, Operation Improvement of the environmental Remediation Project Not required (Positive impact) SAFETY and Maintenance and public health conditions of the area SOCIO-ECONOMIC Remediation Operations Employment Recruitment of personnel in the area Not required (Positive impact) Post remediation, Operation Socio-Economic improvement due Remediation Project Not required (Positive impact) and Maintenance to future availability of land 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 site • The balance between areas used for the Post remediation, Operation downgradient wells (No crossing should be allowed neither to people construction of the landfill and decontaminated areas and Maintenance nor to cattle). is positive; Interdiction of the use downgradient wells from the • Groundwater use shall be restricted. 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.

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 g/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

E11410v80P0868070Box345602B01PUBLIC10.doc 36 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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

E11410v80P0868070Box345602B01PUBLIC10.doc 37 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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.

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-

E11410v80P0868070Box345602B01PUBLIC10.doc 38 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as • Effects of excavation for/disposal appropriate, restore damaged areas of soil and other materials • Strip topsoil where necessary, • Erosion due to uncontrolled store and replace post construction surface run-off and wastewater • Design drainage and other discharge disposal facilities to ensure soil stability Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, materials 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 • Determine sustainable use/yield changes in resources, flow (test as required) patterns, etc., with possible impact • Resource planning and on downstream users/ users management, in conjunction with elsewhere (if groundwater) authorities & communities • Interruption of surface and • Careful design - maintain natural underground drainage patterns drainage where possible, provide during and post construction, suitable wastewater drainage, creation of standing water safe/sanitary disposal of hazardous Contamination/pollution of wastes resource and/or supply by • Careful design, adequate construction, human and animal protection from/control of wastes, including fuel & oil, livestock; agriculture, casual hazardous wastes, wastewater, etc. human contact, hazardous materials - fuel (including storage), etc. Air Quality • Dust and fumes during • Control dust with water, control construction construction methods and plant, • Impacts from water treatment timing of works, vehicle speeds • Minimize major works inside communities • Appropriate design, training in O&M, safety Acoustic • Noise disturbance from • Time work to minimize Environment construction works, pump stations disturbance (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 • Careful siting, alignment, design from construction, e.g. dust, noise, of pipelines and structures, and/or un-seasonal working, poor siting timing of works (seasonal) of new works, disposal of • Select disposal areas and methods untreated wastes, etc. carefully Protect sensitive areas • Changes in water resources within/close to site regime • Ensure compliance with minimum seasonal flow requirements

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Environmental Possible Impacts Mitigation Measures Components Fauna and Flora • Loss or degradation during and • Careful siting, alignment and/or post construction, especially due design to minimize impacts, to un-seasonal working, changes especially for any sensitive/rare in environment regimes, etc (see species also above) • Select appropriate construction methods • Protect sensitive areas within/close to site Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of Landscape works and some intrusions into works, screening of intrusive items general manmade and natural • Replace lost trees, boundary landscape, loss of trees, structures, etc., revegetate work vegetation, etc. areas • Noise, dust, wastes, etc., during • Careful de-commissioning of and post construction 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 Incorporate safety and • Health impacts and diseases from environmental requirements in hazardous construction materials contract documents. Provide wastes, contaminated water, information on mitigating improper water treatment measures. Capacity building to 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/Cultur • Disturbance/damage/degradation • Careful siting/alignment of works; al Sites to 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, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged areas materials • Strip topsoil where necessary, • Erosion due to uncontrolled store and replace post construction surface run-off and wastewater • Design drainage, structures to discharge ensure soil stability Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, materials 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 drainage where possible, consider during and post construction, alternative alignments creation of standing water • Store hazardous materials and • Contamination/pollution of wastes carefully, provide suitable resource by construction, human wastewater drainage and safe and animal wastes, including waste disposal hazardous wastes, fuel & oil, • Mitigate run-off velocities and wastewater, sediments, etc. volumes, provide • Increase in runoff and risk of retention/sedimentation ponds as flooding necessary • Flooding due to clogging of drains and drainage structures, etc.

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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 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 • Time work to minimize Environment construction works, traffic – disturbance speed, quantity and type of traffic • Use appropriate construction during and post construction methods & equipment • Restrict vehicle speeds and through-traffic in residential areas, especially trucks, using signing and appropriate design Acoustic • Noise disturbance from • Time work to minimize Environment construction works, traffic – disturbance speed, quantity and type of traffic • Use appropriate construction during and post construction methods & equipment • 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 • Careful habitats and disturbance of siting/alignment/placement/design protected areas, during and post of structures (especially for new construction roads), and/or timing of works (seasonal) • Select disposal areas and methods carefully, Protect sensitive areas within/close to site

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Environmental Possible Impacts Mitigation Measures Components Fauna and Flora • Loss or degradation during and • Careful siting and/or design to post construction, especially due minimize impacts, especially for to un-seasonal working, changes sensitive/rare species in environmental regimes, e.g. • Consider alternative alignments disruption to wildlife movements and/or location of structures causing increased road kills, 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 Landscape works and some intrusions into works, screening of intrusive items general manmade and natural • Replace lost trees, boundary landscape, loss of trees, structures, etc., revegetate work vegetation, etc. areas • Noise, dust, wastes, etc during and • Careful de-commissioning and post construction reinstatement 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 Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and wastes, contract documents. Provide pedestrian and vehicle accidents, information on mitigating • Transport of hazardous substances measures. Capacity building to 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

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Environmental Possible Impacts Mitigation Measures Components Human • Social change (new roads) • Appropriate design to minimize Communities social impact (see generally above) Historical/Cultur • Disturbance/damage/degradation • Careful siting/alignment of works; al Sites to 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, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged areas materials • Strip topsoil where necessary, store • Erosion due to uncontrolled and replace post construction surface run-off • Design drainage and other disposal • Degradation of riverbanks and bed facilities to ensure soil stability post construction, especially • Careful design of abutments, piers through changed hydraulics and and protecting works flow patterns and erosion Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, provide materials 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 drainage and river flow patterns during and post construction, wherever possible, consider creation of standing water alternative alignments and • Contamination/pollution of structures resource by construction, human • Store hazardous materials and and animal wastes, including wastes carefully, provide suitable hazardous wastes, fuel & oil, drainage and safe waste disposal wastewater, sediments, etc. • Where possible execute construction during dry season • Mitigate run-off velocities and volumes, design outfalls accordingly

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Environmental Possible Impacts Mitigation Measures Components Air Quality • Dust and fumes during • Control dust with water construction • Control construction methods and • Traffic fumes post construction plant, timing of works (for road bridge) • Restrict vehicle speeds in residential areas • Appropriate design Acoustic • Noise disturbance from • Time work to minimize Environment construction works and traffic disturbance during and post construction – • Use appropriate construction speed, quantity and type (for road methods & equipment bridge) • Restrict vehicle speeds in residential areas, especially trucks, using signing and appropriate design Biological Environment Natural Habitats • Disturbance or loss of natural • Careful siting/alignment/ design habitats during and post (especially for new bridges), and/or construction (especially aquatic), timing of works (seasonal) due to hydraulics, changed flow • Select disposal areas and methods patterns, etc. carefully, Protect sensitive areas • Disturbance of protected areas within/close to site Fauna and Flora • Loss or degradation during and • Careful siting and/or design to post 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 fish spawning sites, to and/or location of structures wildlife movements (approach • Select appropriate construction roads), etc. (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 etc. areas • Noise, dust, wastes, etc., during • Careful de-commissioning and and post construction reinstatement of construction areas, and disposal of wastes • 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 • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and wastes, contract documents. Provide pedestrian and vehicle accidents information on mitigating (for road bridges), 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 - 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 Historical/Cultur • Disturbance/damage/degradation to • Careful siting and alignment of al Sites known and undiscovered sites works; 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 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, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged materials areas • Erosion due to uncontrolled • Strip topsoil where necessary, surface run-off store and replace post • Pollution at discharge point, construction possibly leading to groundwater • Design drainage and other pollution disposal facilities to ensure soil stability and appropriate treatment 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 materials 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 • Store hazardous materials and excavation for/disposal of soil, wastes carefully, provide suitable waste materials, etc wastewater drainage and safe • Contamination/pollution from waste 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 locations, e.g. close to drinking discharge if not connected to water source, and operate and existing sewer. maintain correctly/ according to • Eutrophication of surface water agree discharge standards provide leading to habit changes, etc. O&M training • Site treatment works appropriately, or incorporate into larger wastewater systems, provide any treatment necessary to meet required standards, plus training

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Environmental Possible Impacts Mitigation Measures Components Air Quality • Dust and fumes during • Control dust with water construction • Control construction methods and • Hazardous gases in manholes and plant, timing of works during disinfection (if chlorine • Restrict vehicle speeds in gas) residential areas • Appropriate design • Proper operation, monitoring system in place Acoustic • Noise disturbance from • Time work to minimize Environment construction works and traffic disturbance • 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 and/or timing of works (seasonal) protected areas, during and post • Select disposal areas and methods construction carefully, Protect sensitive areas • Changes due to eutrophication of within/close to site surface water Fauna and Flora • Disturbance or loss, especially • Careful siting, alignment and/or aquatic animals and vegetation design to minimize impacts, from eutrophication of surface especially for any sensitive/rare water, (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.

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Environmental Possible Impacts Mitigation Measures Components Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of Landscape works and some intrusions in works, screening of intrusive general manmade and natural items landscape, loss of trees, • Replace lost trees, boundary vegetation, etc. structures, etc., re-vegetate work • Noise, dust, wastes, etc., during areas and post construction • Careful de-commissioning and • Unpleasant odors from treatment reinstatement of construction facility, disposal point and/or areas, and disposal of wastes polluted water course during and post construction, including proper O&M of treatment facility and training in both • See also Soil, Land, Air Quality and Acoustic Human Health • Health and safety hazards during • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and contract documents. Provide untreated wastes information on mitigating 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

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Environmental Possible Impacts Mitigation Measures Components Historical/Cultura • Disturbance/damage/degradation • Careful siting/alignment of works; l Sites to 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 materials 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 • Contamination/pollution of • Store hazardous materials and resource by construction, human wastes carefully, provide and animal wastes, including suitable wastewater drainage fuel & oil, hazardous wastes, and safe waste disposal, with wastewater, etc. treatment as necessary Air Quality • Dust and fumes during • Dust control by water or construction (internal and/or otherwise Ventilation of external, including volatile internal areas both during and construction materials) post construction

Acoustic • Noise disturbance from • Use appropriate construction Environment construction methods & equipment • Time work to minimize disturbance Biological Environment Natural Habitats • Disturbance of natural habitats, • Store, treat and dispose of especially from improper waste wastes appropriately disposal Fauna and Flora • Loss or degradation due to • Store, treat and dispose of improper waste disposal wastes 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 Landscape completed works and some works, screening of intrusive intrusions in landscape, loss of items trees, vegetation, etc. • Replace lost trees, boundary • Noise, dust, wastes, etc., during structures, etc., revegetate work and post construction areas • 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 and post construction, including contractors. Incorporate safety user access and comfort and and environmental handling of wastes requirements in contract • Health impacts from hazardous documents. Provide construction materials, and information on mitigating untreated 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 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 • Development of a chance finds Sites to 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.

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(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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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.

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.

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

E11410v80P0868070Box345602B01PUBLIC10.doc 59 February 2010 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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.

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.

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- restoration measures, and other remedial actions required to meet the objectives of the RPF.

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• 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.

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.

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.

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. 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

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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.

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.

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

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.

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

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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.

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.

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.

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.

Cultural Assets Description of the Legal, Institutional and Administrative Framework

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

19 unexpected objects discovered by chance

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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.

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 MoTCYS Defines Cultural Heritage Heritage Policies Drafts Legislation for the protection preservation and restoration of Cultural Heritage Institute of Cultural Directorate Protection of built heritage Monuments of Cultural Reviews requests to list and Heritage de-accession monuments (IoCM) Applies a 6 month moratorium for evaluation process

20 local government units, Institute of Archaeology, Institute of Cultural Monuments

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Surveys sites for determining protection area. Authorizes restoration, utilization of site National Center of the Directorate Records and registers Cultural Resources Inventory of Cultural heritage values Heritage Records relocations National Council of MoTCYS Executes and/or supervises Restoration restoration works Academy of Sciences Parliament Institute of Archaeology Academy of Proposes studies and (IoA) Sciences projects 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.

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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, 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

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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of the appropriateness of the decision, confirm to the Bank that the applicable procedures have been followed, and submit the documentation for review.

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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Public Disclosure of the ESSF 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.

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

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

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.

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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 • 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

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• 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.

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,;

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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.

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

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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 • 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

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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.

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

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• 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; • 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

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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

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.

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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

E11410v80P0868070Box345602B01PUBLIC10.doc 84 5 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework 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.

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

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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 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

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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 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;

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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.

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.

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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

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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 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.

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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 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

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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 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

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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. 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.

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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.

M I N I S T E R

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: project Phase Parameter to be When it is to Why it is to to be be monitored be monitored be monitored Install Operate Install Operate 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 m2) 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

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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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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List of Proposed Stakeholders to be invited and Consultation Plan

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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 (landfill location) Local Environment Inspection officers hrs Hygiene Centre (MoH) Chief land Registration Office (Ipoteka) Orikum 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 Mayor 7 April Municipality Municipal Urban Officer Local Waste management officials Start time 14.00 Waste collection companies hrs Municipal Health expert Water &Waste water enterprise/experts Himara Local NGOs/NPOs active in the region Association of tourist hotels/resorts Media Saranda Municipal Urban Officer of Saranda Municipality, and 8 April Lukove Commune of Lukova and Bergo Communes Bergo Regional Environmental Agency Start time 9.00 commune/village Local Environment Inspection officers hrs Hygiene Centre (MoH) Chief land Registration Office (Ipoteka) Saranda 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

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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.

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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

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

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

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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.

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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E11410v80P0868070Box345602B01PUBLIC10.doc 130 February 2010