The European Union s IPA 2010 programme for Albania

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1 1 The European Union s IPA 2010 programme for Albania Technical Assistance for Strengthening the Capacity of the Ministry of Environment in Albania for Law Drafting and Enforcement of National Environmental Legislation (EuropeAid/130987/C/SER/AL) Directive Specific Implementation Plan for the Directive 2006/66/EC of 6 th of September 2006 on Batteries and Accumulators and Waste Batteries and Accumulators This project is funded by The European Union

2 Project title: Technical Assistance for Strengthening the Capacity of the Ministry of Environment in Albania for Law Drafting and Project number: Europe Aid/130987/C/SER/AL; Contract no. 2011/ Country: Republic of Albania Beneficiary Contractor Name: Ministry of Environment Grontmij A/S Address: Durresi str. Nr 27, Tirana, Albania Granskoven 8 DK-2600 Glostrup Contact Person: Ardiana Sokoli Paolo Bacca Phone: Ardiana.Sokoli@moe.gov.al Paolo.Bacca@selea.al Date of Report: December 2013 Component A: Enhancing Ministry s ability to implement and enforce legislation Title: Directive Specific Implementation Plan for the Directive 2006/66/EC of 6 th of September 2006 on Batteries and Accumulators and Waste Batteries and Accumulators Authors: QA Checked: Bendis Bocari, Jesper Ansbaek Paolo BACCA Acknowledgement The project team wishes to express its gratitude to all resource persons and experts from all institutions and stakeholders involved in the collection of data and information and to all persons and bodies that have supported the development of this Working Paper. Special thanks are extended to the Ministry of Environment, Forests and Water Administration and its legal staff. This report has been prepared by a project team working for Grontmij. The findings conclusions and interpretations expressed in this document are those of Grontmij alone and should not in any way be taken to reflect the opinions and policies of the European Commission. 2

3 TABLE OF CONTENTS EXECUTIVE SUMMARY 7 1. REQUIREMENTS OF EU LEGISLATION Background EU Legislation Covered Direct Requirements of Legislation Implications Links with other Legislation in this Sector PRESENT SITUATION Government Policy Roles & Responsibilities Other issues related to implementation and enforcement Current Legal Framework Current Implementation Status Current Investment Status APPROXIMATION PLAN Overall Plan and Milestones Transposition Plan Implementation Plan Resources and Costs Financing Strategy Benefits Key Issues and Uncertainties 42 ANNEXES 43 ANNEX I: RELEVANT NATIONAL LEGISLATION 43 ANNEX II: TABLE OF CONCORDANCE 44 3

4 List of abbreviations BAT BOT CA CARDS Cd CDF CDW CF CoM CP DCM DfID DG DSIP EAN EBRD EC ECJ EEA EEC EFA EI EIA EIB ELPA EMAS EPR ERDF EU EWC ftpe GTZ HE Hg HW IFC IFI INPAEL IPA Best Available Techniques Build operate - transfer Competent Authority Community Assistance for Reconstruction Development and Stabilization Cadmium Confined Disposal Facility Construction and Demolition Waste Cohesion Fund Council of Ministers Collection Point Decision of Council of Ministers Department for International Development (UK) Directorate General Directive Specific Implementation Plan Environmental Agencies Network European Bank for Reconstruction and Development European Commission European Court of Justice European Environmental Agency European Economic Community Environment and Forests Agency Environmental Inspectorate Environmental Impact Assessment European Investment Bank Environmental Legislation and Planning (project) Environmental Management Audit Schemes Environmental Performance Review European Regional Development Fund European Union European Waste Catalogue full-time person equivalent Deutsche Gesellschaft für Technische Zusammenarbeit Health Establishment Mercury Hazardous Waste International Finance Corporation International financial institution Implementation of National Plan for the Approximation of Environmental Legislation Instrument for Pre-accession Assistance 4

5 IPC IPH IPPC ISPA KfW LGU LIFE MAFF MAP MoEI MoEDTE MoE MoF MoH MoTI MoUDT MoU MS MTF NAPISAA NEAP NES NfPO NGO P&PW Pb PEPSE PHARE PPP PVC REA REACH REC RoA RoHS S SAA SAPARD SIDA SME SoER TA TAT ToC Industrial Pollution Control Institute of Public Health Integrated Pollution Prevention and Control Instrument for Structural Policies for Pre-Accession Kreditanstalt für Wiederaufbau Local Government Unit Legal Instrument for Environment Multi-annual Financial Framework Mediterranean Action Plan Ministry of Energy and Industry Ministry of Economic Development, Trade and Entrepreneurship Ministry of Environment Ministry of Finance Ministry of Health Ministry of Transport and Infrastructure Ministry of Urban Development and Tourism Memorandum of Understanding Member State Medium Term Financing National Action Plan for the Implementation of the Stabilization and Association Agreement National Environmental Action Plan National Environmental Strategy Non for Profit Organization Non-Governmental Organisation Package and Packaging Waste Lead Private Enterprise Partnership for Southeast Europe Poland and Hungary Assistance for the Restructuring of the Economy Public Private Partnership Poly Vinyl Chloride Regional Environmental Agency Registration, Evaluation, Authorization and Restriction of Chemicals Regional Environmental Centre Republic of Albania Restriction of Hazardous Substances Senior Stabilization and Association Agreement Special Accession Programme for Agriculture and Rural Development Swedish International Development Assistance Small and Medium Enterprise State of Environment Report Technical Assistance Technical Assistance Team Table of Concordance 5

6 ToR UNDP UNECE UNEP WB WEEE WMP Terms of Reference United Nation Development Programme United Nations Commission for Europe United Nations Environment Program World Bank Waste Electric and Electronic Equipment Waste Management Plan 6

7 Executive Summary The EU legislation covered in this implementation plan, "Batteries and Accumulators and Waste Batteries and Accumulators" Directive. The primary objective of the Directive is to minimise the negative impact of waste batteries and accumulators on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment. The Directive on Batteries and Accumulators and Waste Batteries and Accumulators has the following specific objectives: to contribute to a high level of environmental protection; to contribute to the proper functioning of the internal market. The measures envisaged in this Directive aim at: cut the amount of hazardous substances - in particular, mercury, cadmium and lead - dumped in the environment by: prohibiting the placing on the market of certain batteries and accumulators containing mercury or cadmium; promoting a high level of collection and recycling of waste improved environmental performance of all operators; preventing waste batteries and accumulators from being discarded in such a way as to pollute the environment; and avoiding end-user confusion about the different waste management requirements for different batteries and accumulators involved in the life cycle of batteries and accumulators; requiring manufacturers to design appliances in such a way that waste batteries and accumulators can be readily removed and that Appliances into which batteries and accumulators are incorporated shall be accompanied by instructions showing how they can be removed safely and, where appropriate, informing the end-user of the type of the incorporated batteries and accumulators ; registering battery producers and providing battery take-back treatment recycling and reporting. Collection schemes shall be set up so that end-users can discard all waste portable batteries and accumulators conveniently and free of charge. Producers of producers of other products incorporating a battery or accumulator are responsible for the waste management of batteries and accumulators that they place on the market The competent authority designated for performing the duties arising from the Batteries and Accumulators and Waste Batteries and Accumulators Directive is the Ministry of Environment through the Sector of Waste Management and Industrial Accidents within the Directorate of Environment. As far as transposition of the Directive is concerned, the existing Albanian Laws adequately address the issues and problems related to: waste reuse; recycling; separate collection; biodegradable waste; extended producer responsibility; 7

8 product; by-product; waste; end of waste. The main competent authorities and institutions are also identified in the law. The provisions in the existing Albanian Laws cover extensively all aspects of waste management fulfilling and complying with the EU acquis and include also sections on sanctions and penalties. However this legal framework requires further comprehensive and detailed measures and provisions to ensure an effective implementation. Significant progress is made towards transposition of Batteries and Accumulators and Waste Batteries and Accumulators Directive, which is assessed as fully transposed at the end of 2012 year. Full transposition was achieved with adoption of two transposition instruments (i) the Decision of Council of Ministers "on Batteries and Accumulators and Waste Batteries and Accumulators Directive" (December 2012) and (ii) the Law on Waste Management (September 2011). The DCM sets rules for placing on the market of in particular, prohibits the placing on the market of batteries and accumulators containing dangerous substances, also aims to promote a high level of collection and recycling of waste batteries and accumulators. The DCM applies to all types of batteries and accumulators, regardless of shape, volume, weight, material composition or use. The DCM provides obligation for manufacturers/producers to register in the Register of Manufacturers. The DCM stipulates prohibitions for placing of batteries or accumulators in the market containing more than % mercury for weight and / or containing more than 0.002% cadmium for weight. From 1 January 2013 it was expected that the batteries and accumulators not meeting the provided requirements would have not be allowed to be placed in the market. The placing in the market will be regulated through orders/instructions of the Minister of the Environment, which will specify the legal and technical requirements for batteries and accumulators. The DCM sets the obligation for manufacturers to label batteries and accumulators with the corresponding symbol starting from 1 st of January Collection scheme is a very important element of the DCM. It sets rules for end users to dispose waste from portable batteries and accumulators at collection points; these schemes also impose rules to manufacturers and / or distributors, or third parties acting on their behalf for taking back at no cost the waste of portable batteries and accumulators from places where portable batteries and accumulators where supplied by them. The DCM provides the minimum percentages of waste collection for batteries and accumulators on the national level to be achieved: (a) 25% by 31 st of December 2016; (timeframe is set in accordance with the Directive); (b) 45% by 31 st of December 2020; (timeframe is set in accordance with the Directive). The DCM sets also rules for the treatment and recycling of the waste batteries and accumulators as provided in Annex III of the DCM. 8

9 One important element are the financing costs related to the collection, treatment and recycling of all waste from portable batteries and accumulators, industrial and automotive, which are anticipated to be recovered from the manufacturer or third parties acting on their behalf. Detailed procedures are provided in relation to reporting to the European Commission, which are harmonized with the provisions of the Directive and are to be performed when Albania joins the European Union. The implementation of the Batteries and Accumulators and Waste Batteries and Accumulators directive as implementation has not started and was delayed from 2015 to The MoE estimates that more time will be needed to achieve full implementation of this directive. According to the implementation timetable a ban on the marketing of non-compliant batteries will be introduced in It is estimated that the implementation of some provisions such as ensuring the waste batteries and accumulators be readily and safely removed from appliances and ensuring an effective penalty and inspection system was planned to start in 2013, while some provisions such as the marking and ensuring the treatment and recycling of collected batteries and accumulators, will be implemented starting from The date for achieving full implementation of this Directive has been postponed from 2015 to The overall plan to obtain full approximation consists of a legal transposition plan which is already undertaken and an implementation plan (including enforcement). The milestones of the approximation process are given in the table below: Overall Approximation Plan Implementation and enforcement 1.Training staff at the competent authority 2. Ensuring that the prohibited batteries and accumulators are not placed on the market (Art. 4) 3. Establishing systems for the separate collection of batteries and accumulators, for disposal and recycling (Art.7) 4. Establishing collection scheme for waste portable batteries and accumulators (Art. 8) 5. Ensure that batteries and accumulators are marked (Art. 21) Start (month/year) End (month/year) 01/ / / / / / / / / / Ensure that waste batteries and accumulators can be readily 01/ /0003 and safely removed from appliances (Art. 11) 7. Ensuring the treatment and recycling of collected batteries and 01/ /0005 accumulators (Art. 12) 8. Prohibiting the disposal in landfill or by incineration of waste 01/ /0003 industrial and automotive batteries and accumulators (Art. 14) 9. Ensure that all producers are registered (Art. 17) 01/ / Ensure that producers bear the costs of the collection, 01/ /0003 treatment and recycling (Art. 16) 11. Ensure that the participation of economic operators and 01/ /0003 authorities in collection, treatment and recycling (Art. 19) 12. Establish penalties for non-compliance (Art. 25) 01/ / Establish mechanisms for informing end-users (Art. 20) 01/ / Establish an effective inspection and enforcement system 01/ / Full implementation 01/ /0005 9

10 All costs are estimated in constant 2013 prices. It is estimated that there will be no costs of transposing the Directive into national legislation as the legislation is already in place, while the total estimated costs of implementation for the Batteries and Accumulator Directive are one-off costs of 900,000 and ongoing recurrent costs of 6,000. The one-off costs comprise a technical assistance project. The major other costs items for implementation will be the salaries of new staff required. As far as the new personnel are concerned an estimated yearly input of 50% of a full time employee in the CA will be required for implementing the Directive. In line with the producer responsibility principle, battery producers have to finance the cost of the collection, treatment and recycling of waste batteries. Producers are also responsible for financing the costs of public information campaigns on the collection, treatment and recycling of waste portable batteries. 10

11 1. Requirements of EU Legislation 1.1 Background In Europe, in the last decades, the economic development triggered new human consumption patterns resulting in a dramatic increase of waste production and a change in the composition of waste, which includes in increased amount of heavy metals and other toxic compounds in the waste. Batteries commonly contain hazardous elements such as mercury, cadmium, and lead, which when incinerated or landfilled, present a risk to the environment and human health. All batteries contain substances which are more or less harmful to the environment and human health, but lead batteries, mercury-containing batteries and nickel-cadmium batteries are the most harmful and EU classifies them as hazardous waste. The Directive aims at reducing these hazards by harmonizing Member States' laws on the disposal and recycling of batteries containing dangerous substances. The EU adopted the first Batteries Directive in March 1991 (91/157/EC on batteries and accumulators containing certain dangerous substances). It introduced restrictions on the use of mercury, cadmium and lead in most batteries and encouraged collection and recycling. However, the objectives of this first Batteries Directive were not achieved as a large quantity of portable batteries was still sent to landfill (although some countries had efficient collection schemes in place). For example, in 2002 approximately 45.5% of the total amount of portable batteries sold in EU-15 (i.e. the 15 countries which were members of the EU at that time) went for final disposal to landfill or by incineration but up to 99% were landfilled in some MS. Further the scope of the first Batteries Directive was limited (only 7% of the total portable battery market was covered), there were inefficiencies of national collection schemes, lack of clarity for consumers, many differences between MS and there were no collection or recycling targets at EU level to monitor the efficiency of the national schemes. As a result, the EU introduced a new Batteries Directive 2006/66/EC which came into force in EU Member States from 26 September 2008 and replaced the previous Directive. Any batteries which are placed on the market from 26 September 2008 now need to comply with this new Batteries Directive. The Batteries and Accumulators and Waste Batteries and Accumulator Directive 2006/66/EC apply to all types of batteries regardless of their shape, volume, weight, material composition or use. The Directive also specifically includes batteries which are incorporated into electrical equipment, apart from batteries contained in military and space equipment. The Directive defines three categories of batteries, and places different requirements on battery producers in each category: 1. Portable battery - battery or battery pack that is sealed, hand carried and not an industrial or automotive battery; 2. Industrial battery - battery designed exclusively for industrial or professional uses; 3. Automotive battery = battery used for automotive starter, lighting or ignition power. A 'battery producer' is defined as the first person to put batteries on the market in an EU Member State, including batteries incorporated in appliances. Many Member States have partially or fully implemented new Batteries Regulations and established timescales for companies to register as a battery producer. Some Member States, however, are late in 11

12 introducing these new Regulations and in many Member States the registration process has yet to be finalized. There are a number of environmental concerns which arise when dealing with the waste management of batteries and accumulators. These relate for the most part to the metals contained in these batteries. Mercury, lead and cadmium are by far the most problematic substances in the battery waste stream. Lead batteries, Ni-Cd batteries and mercury containing batteries are classified as hazardous waste by Commission Decision 2000/532/EC. Other metals commonly used in batteries, such as zinc, copper, manganese, lithium and nickel, may also constitute environmental hazards. When batteries are incinerated, the metals used in them contribute to air emissions and pollute incineration residues. When batteries end up in landfills, the metals can contribute to the leachate from landfills. Moreover, on a resource management level, batteries are considered as a source of secondary raw materials. Thousands of tons of metals, including valuable metals such as nickel, cobalt and silver, can be recovered if batteries are recycled. 1.2 EU Legislation Covered The EU legislation covered in this implementation plan is the "Batteries and Accumulators and Waste Batteries and Accumulators", the Council Directive No. 2006/66/EC of 6 September 2006 and repealing Directive, as amended by: Directive 2008/12/EC of the European Parliament and of the Council of 11 March 2008; and Directive 2008/103/EC of the European Parliament and of the Council of 19 November Direct Requirements of Legislation Addressing of the environmental problems The Directive aims to avoid the final disposal of batteries and accumulators by enhancing their collection and recycling. The Directive also contains restrictions on the substances used in batteries and accumulators. The Directive establishes: restrictions on the use of mercury in all batteries and restriction on the use of cadmium in portable batteries with certain exemptions; minimum collection rates for all batteries; the requirement that all batteries and accumulators collected must undergo sound treatment and recycling (with possible exemptions for portable hazardous batteries); a ban on the land filling/incinerating of automotive and industrial batteries; the requirement that battery recycling processes must meet minimum recycling efficiencies. Addressing of the internal market problem The Directive harmonizes product requirements for batteries: 12

13 it restricts the use of mercury in all batteries and of cadmium in portable batteries, with certain exceptions; it establishes labelling requirements for batteries: (i) chemical symbols Hg, Pb or Cd, (ii) crossedout wheel bin and (iii) capacity labelling. The Directive states that Member States cannot prohibit the placing on the market of batteries that meet the requirements of this Directive. In addition to this the Directive lays down minimum rules for the functioning of national battery collection and recycling schemes, in particular with respect to the financing of these schemes by producers. In order to avoid free-riders, Member States should keep a register of producers who place batteries on the national market. Preventive measures The Directive restricts the use of mercury in all batteries. Furthermore, the Directive restricts the use of cadmium in portable batteries with a list of exemptions (batteries intended for use in emergency and alarm systems, including emergency lighting, medical devices and cordless power tools). In addition to this, Member States are required to promote research and encourage improvements in the environmental performance of batteries through their life-cycle and encourage the marketing of batteries which contain less polluting substances (in particular substitutes for mercury, cadmium and lead). Collection The Batteries Directive aims at as much collection of spent batteries and accumulators (portable, industrial and automotive) as possible. To this end it specifies the following collection requirements: Consumers should be able to bring back portable batteries to collection points in their vicinity, free-of-charge and without obligation to buy a new battery; Distributors 1 should take back waste portable batteries when supplying portable batteries (unless it is proven that the existing alternative schemes are as effective); Producers of industrial batteries, or third parties acting on their behalf, are obliged to take industrial batteries back from end-users; Producers of automotive batteries, or third parties, should set up collection schemes for waste automotive batteries not collected through collection schemes set up under the Directive on end-of-life vehicles (ELV Directive). For waste automotive batteries from non-commercial vehicles, these schemes should be free-of-charge for end-users and without obligation to buy a new battery. Recycling Producers 2 shall provide for treatment and recycling using best available techniques (BAT): Batteries and accumulators collected in accordance with the Directive on waste electrical and electronic equipment must be removed. Specified recycling efficiencies: lead-acid batteries and accumulators, including lead recycling 65% nickel-cadmium batteries and accumulators, including cadmium recycling 75% other waste batteries and accumulators 50%. Provision to implement detailed treatment and recycling requirements (Annex III of the Directive). 1 Distributor means any person that provides batteries and accumulators on a professional basis to an end-user. 2 Producer means any person in a Member State that, irrespective of the selling technique used, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis. 13

14 Labelling The Directive provides: Crossed-out wheeled bin applies to all batteries; Chemical symbols (Hg, Cd, Pb), indicating the heavy metal content of batteries, apply to batteries containing more than a given amount of these substances; Portable and automotive batteries must be labelled with a capacity label after 26 September End-users Information The Directive includes obligations to inform end users of: the potential environmental and health effects of substances used in batteries; the desirability of not disposing of batteries as municipal waste, but collecting them separately; the collection and recycling schemes available; consumers' role in contributing to the recycling of waste batteries; the meaning of labels. Public Information Member States must ensure that the public is informed. Battery producers are responsible for financing public information campaigns on collection, treatment and recycling of waste portable batteries. Economic operators may be required to provide end-users with information on the issues mentioned under the previous question. Removal of Batteries from Appliances Article 11 of Directive 2006/66/EC requires that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed and that appliances into which batteries and accumulators are incorporated shall be accompanied by instructions showing how they can be removed safely. Exemptions to these requirements are allowed for appliances where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and requires a permanent connection between the appliance and the battery or accumulator. Waste Battery Export When waste batteries are sent for recycling to another Member State or exported for recycling outside the Community, they must comply with waste shipment laws as specified in Article 15 of the Batteries Directive, noting that as Regulation No 259/93 was repealed on 12 July 2007, the transfer of the waste should comply with the new Regulation No 1013/2006 on shipments of waste. When waste batteries are exported outside the Community, Member States should ensure that sound evidence is provided that the recycling operations taking place outside the Community meet equivalent conditions as set out in this Directive, including those on recycling efficiencies by Costs/producer responsibility The producers have to bear the cost of collecting, treating and recycling industrial, automotive and portable batteries and accumulators, as well as the costs of campaigns to inform the public of these arrangements. Small producers may be exempted from this obligation if this does not impede the proper functioning of the collection and recycling schemes. All producers of batteries and accumulators have to be registered. 14

15 1.4 Implications Batteries or accumulators which do not meet the requirements of this Directive are not allowed to be placed on the market. To ensure that a high proportion of spent batteries and accumulators are recycled, Member States must take whatever measures are needed (including economic instruments) to promote and maximize separate waste collections and prevent batteries and accumulators being thrown away as unsorted municipal refuse. Member States have to make arrangements enabling end-users to discard spent batteries and accumulators at collection points in their vicinity and have them taken back at no charge by the producers. Collection rates of at least 25% and 45% have to be reached by Member States by 26 September 2012 and 26 September 2016 respectively. In principle, it must be possible to remove batteries and accumulators readily and safely. It is for Member States to ensure that manufacturers design their appliances accordingly. Member States also have to ensure that, from 26 September 2009 at the latest, batteries and accumulators that have been collected are treated and recycled using the best available techniques. Recycling must exclude energy recovery. As a minimum, treatment must include removal of all fluids and acids. Batteries and accumulators must be treated and stored (even if only temporarily) in sites with impermeable surfaces and weatherproof covering, or in suitable containers. The recycling of battery and accumulator content to produce similar products or for other purposes has to reach the following levels by 26 September 2011: at least 65% by average weight of lead-acid batteries and accumulators, including the recycling of the lead content to the highest degree that is technically feasible; 75% by average weight of nickel-cadmium batteries and accumulators, including the recycling of the lead content to the highest degree that is technically feasible; at least 50% by average weight of other battery and accumulator waste. If there is no viable end market, or if a detailed assessment of environmental, economic and social impact concludes that recycling is not the best solution, Member States may dispose of batteries and accumulators containing cadmium, mercury or lead in landfills or underground storage. Otherwise, it is prohibited to put waste from industrial and automotive batteries and accumulators into landfill, or to incinerate it; only residues from treating and recycling them may be disposed of in these ways. Treatment and recycling may take place outside the Member State concerned or even outside the Community, provided EU legislation on the shipment of waste is respected. The producers have to bear the cost of collecting, treating and recycling industrial, automotive and portable batteries and accumulators, as well as the costs of campaigns to inform the public of these arrangements. Small producers may be exempted from this obligation if this does not impede the proper functioning of the collection and recycling schemes. All producers of batteries and accumulators have to be registered. End-users are to be informed in various ways: 15

16 through campaigns covering, among other things, the potential effects on the environment and human health of the substances used in batteries and accumulators, and the collection and recycling arrangements at the end-users' disposal; being directly informed by distributors that they can discard waste batteries and accumulators at sales points; visible, legible and indelible markings on batteries, accumulators and battery packs with the following information: the symbol of the crossed-out wheeled bin (in Annex II to the Directive: ); the capacity of the accumulator or the portable battery; the chemical symbols Hg, Cd and Pb if the batteries, accumulators or button cells contain over % mercury, over 0.002% cadmium or over 0.004% lead. If the battery, accumulator or battery pack is too small, this information appears on the packaging. The Member States must send the Commission reports on the implementation of the Directive and the measures they are taking to encourage developments affecting the impact of batteries and accumulators on the environment (including new recycling and treatment techniques) - the first report will cover the period until 26 September 2012; subsequent reports are to be produced every three years. On the basis of these reports, the Commission must publish its own report on the implementation of the Directive and its impact on the environment and the functioning of the internal market. A review of the Directive will be carried out after the second round of reports from the Member States. The Commission will examine the appropriateness of further risk management measures, minimum collection targets and minimum recycling obligations, and if necessary propose amendments to the Directive. 1.5 Links with other Legislation in this Sector Links with other legislation within this sector: Waste Framework Directive (2008/98/EC) of 19 November 2008 on waste and repealing certain Directives. This Directive repealed Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (the codified version of Directive 75/442/EEC as amended), hazardous waste Directive 91/689/EEC, and the Waste Oils Directive 75/439/EEC. It provides for a general framework of waste management requirements and sets the basic waste management definitions for the EU. Packaging and Packaging Waste (94/62/EC) aims to harmonize national measures concerning the management of packaging and packaging waste in order to reduce and prevent any impact of packaging and packaging waste on the environment of all Member States as well as of third countries thus providing a high level of environmental protection, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community. PCB/PCT Directive (96/59/EC) sets the requirements for an environmentally sound disposal of PCBs and outlines for collection and disposal of equipment. The PCB Directive further mandates that Member States had to dispose of big equipment (equipment with PCB volumes of more than 5 litres) by the end of 2010 at the latest. ELVs Directive (2000/53/EC) introduces specific requirements for the management of end-of-life vehicles, aiming the prevention of waste from vehicles and, in addition, the reuse, recycling and other forms of recovery of end-of-life vehicles and their components so as to reduce the disposal of waste. The Directive also aims to improve the environmental performance of all economic operators involved 16

17 in the life-cycle of vehicles and especially the operators directly involved in the treatment of end-of-life vehicles. WEEE Directive (2002/96/EC) introduces new compliance rules for collection, recycling and recovery of on waste electrical and electronic equipment (WEEE) equipment, that aim to reduce the amount of WEEE sent for disposal to landfill or incineration by requiring producers to arrange for collection and recycling. The Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) (2011/65/EU) is complementary to the WEEE directive and applies to the same categories of products defined by the WEEE directive, with the exception of Category (8) of medical devices and Category (9) of monitoring and control equipment. Shipments of Waste Regulation (EC/1013/2006) is designed to strengthen, simplify and spell out the current control procedures for waste shipments, thus reducing the risk of shipments of uncontrolled waste. It also incorporates into Community legislation the amendments to the waste lists annexed to the Basel Convention and the revision adopted by the Organization for Economic Cooperation and Development (OECD) in The EU secondary battery and accumulators legislation includes: Commission Decision 2008/763/EC establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users; Commission Decision 2009/603/EC establishing requirements for registration of producers of batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council; Commission Decision 2009/851/EC establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on waste batteries and accumulators; Commission Regulation (EU) No 1103/2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators; Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators Horizontal legislation Environmental Impact Assessment Directive (85/337/EEC), amended by Council Directive 97/11/EC and Directive 2003/35/EC.: Prescribes an EIA for new projects which are judged to have a significant impact on the environment. Strategic Environmental Assessment (SEA) Directive 2001/42/EC: The SEA Directive applies to a wide range of public plans and programmes (e.g. on land use, transport, energy, waste, agriculture, etc). An SEA is mandatory for plans/programmes which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste & water management, telecommunications, tourism, town & country planning or land use. 17

18 Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment: Prescribes a procedure to follow to ensure sufficient public participation in certain land development projects affecting the environment. Access to Environmental Information Directive (2003/4/EC) requires environmental information held by public bodies to be made available to the general public on request. Reporting Directive (91/692/EEC): Contains provisions on the transmission of information and reports concerning certain EC directives from Member States to the European Commission. Batteries and Accumulators directive contains various reporting requirements Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage The directive establishes a framework for environmental liability based on the polluter pays principle, with a view to preventing and remedying environmental damage. 18

19 2. Present Situation Transposition Albania has made progress towards transposition of Batteries and Accumulators and Waste Batteries and Accumulators Directive, which is assessed as fully transposed at the end of 2012 year. Full transposition was achieved with adoption of two transposition instruments (i) the Decision of Council of Ministers " on Batteries and Accumulators and Waste Batteries and Accumulators Directive" (December 2012) and (ii) the Law on Waste Management (September 2011). Implementation There is limited progress on the implementation of Batteries and Accumulators and Waste Batteries and Accumulators Directive. The competent authority designated for performing the duties arising from this Directive is the Ministry of Environment through the Sector of Waste Management and Industrial Accidents within the Department of Environment. 2.1 Government Policy The Environment Sector and Cross-Cutting Strategy (ESCCS), which is an integral part of the National Strategy for Development and Integration (NSDI), is considered to be the main government document that outlines the state policy in the field of environment protection. The final purpose of the ESCCS is to fulfil a constitutional obligation towards the citizens, who are entitled to a healthy and ecological environment. Albania s current environmental policy is striving towards the goals set in the Commission Thematic Strategy on Air Pollution and Clean Air For Europe (CAFE), the first of seven Thematic Strategies in the EU's Sixth Environment Action Programme (EAP), "Environment 2010: Our future, Our choice". The main objective of the government is to fulfil the obligations agreed to in the SAA (Article 108) stating that The Parties shall develop and strengthen their co-operation in the vital task of combating environmental degradation, with the view of promoting environmental sustainability. Co-operation will mainly focus on priority areas related to the Community Acquis in the field of environment. The statement covers all issues under the Environmental Acquis, including waste sector. The policy framework regarding waste has made some progress. Main strategic documents covering this sector are the National Strategy for Development and Integration and the National Crosscutting Strategy on Environment that define the medium and long term policy priorities of the Government with respect to environment in general, also including waste. An Inter-ministerial Working Group on Environment (IWG) was established in This group is responsible for the preparation of the Environment Strategy and the follow up of its implementation. The implementation of the strategy hasn't been monitored and no coordination or meeting of IWG has occurred. The National Strategy and National Plan on Waste Management were approved in The Strategy covers the period and is based in four main pillars of the national policy on waste: planning, education, resources and legislation. It is managed on a national, regional and local level. The strategy 19

20 foresees the establishment of the Inter Ministries Committee on Waste and National Waste Advisory Group, but no progress has been marked so far on this issue. The National Strategy and Plan also establishes these main targets: (I) to increase the amount of waste collected by local authorities that is recycled or composted to 25% by 2015; (II) to 55% by 2020; (III) to provide widespread segregated waste collections for paper, cardboard, metal, glass and plastics across Albania; (IV) to stop growth in the amount of municipal waste produced by The strategy envisages that policy indicators will be defined in the near future, but so far no set of indicators has been prepared and published. 2.2 Roles & Responsibilities The national strategy of waste management involves several central, regional and local institutions acting alone, having separated responsibilities and coordinated poorly. Three are the main institutions at central level in the field: The Ministry of Environment, the Ministry of Transport and Infrastructure and the Ministry of Health. The ministries dealing with waste management are the following: The Ministry of Environment (MoE): it is the main institution responsible for defining the government policy with respect to environment, including waste management, and drafting legislation on waste. It leads the policy making process with respect to waste, and it has regulatory functions consisting in issuing environmental permissions with respect to activities impacting environment. It cooperates with central and local bodies to elaborate strategies and policies, and to monitor the processing and disposal of waste. It includes the Sector of "Waste and Accidents", with 3 staff, as part of the Directorate of Environment. This sector is responsible for drafting the government policy and legislation with respect to waste, but with insufficient capacities to develop the role and responsibilities of the institution and cooperation with other central and local institutions. The Environmental Inspectorate at the MoE is responsible for issuing environmental permits and monitoring economic activities with environmental impact. This structure has low human capacities and logistics. Also, the chance for conflict of interest is reduced because it is the same institution that issues the environmental permit and organizes the monitoring. The National Environmental Agency creates and administers the Registry of Manufacturers/Producers of batteries and accumulators. The format and method of administration of the registry are approved by the Minister. The agency calculates the percentages of collection and registers them in the records created for this purpose. It includes the results of waste collection rates of batteries and accumulators in the environment reports. The Ministry of Transport and Infrastructure (MoTI): is responsible for infrastructure investments in the waste sector. It is responsible for the project cycle with respect to the construction of regional landfills (project planning, designing, implementation). It also coordinates and monitors the activity of waste dumpsites, use of regional landfills, and incineration plants, as well as defines the technical criteria to study and implement the closing of urban dump sites. It includes the Directorate for Waste within its structure, composed by 5 employees, but with no implementing agency to monitor and follow up capital investments. Though the Ministry of Environment is responsible for drafting environmental policies, the planning of investments in the field of waste, is done by the Ministry of Public Works and Infrastructure. However, the coordination between the two ministries is weak, creating noncompliance between policies and implementation. Ministry of Economic Development, Trade and Entrepreneurship (MoEDTE) is responsible for development and implements strategies and policies for sustainable economic development, strategic 20

21 programming and monitoring of public investment for all central institutions in the country, design and implementation of economic policies to protect local businesses from unfair practices of international trade, creating a climate and environment support for entrepreneurship through business promotion and market liberalization, reducing administrative burdens and costs of doing business for the elimination of informality and corruption, provision of registration and licensing of economic operators operating in the territory of the Republic of Albania. MoEDTE is further responsible for coordination of work for intersectoral policies and preparation of proposals for the development of national policy on consumer protection and market surveillance, processing and proposal to the Commission for Consumer Protection measures for violations of the collective economic interests of consumers, effective market surveillance to ensure compliance of the products to consumers with legal requirements in relation to them, in order not to risk: health, safety or other aspects of public interest protection, coordination of work for the harmonization of legislation in the area of service delivery and full implementation of the principle of national treatment and non-discrimination. The Ministry of Health (MoH) is responsible for drafting regulations on health waste and dangerous waste management. Hospitals and health waste generators are responsible for drafting waste management plans according to the national management plan. The waste policy is followed by the "Directorate of Public Health" that does not include experts on waste. Hospitals, as well, have no experts for waste in their structure, except for some technicians maintaining equipment of incinerators. In the MoH, the Public Health Director is also chief- inspector of control and has in its job description tasks related to monitoring activities. The Ministry of Finance, in collaboration with the Ministry of Environment, drafts the legislation on environmental taxes (partially drafted) and collects incomes from these taxes through customs and fiscal bodies. At regional and local level there are several institutions that are involved in the waste management: The 12 regional councils (12 regions in Albania) are responsible for approving regional management plans, regional landfills and the management of dump sites of urban waste in regional level. However, the regional councils have no structure or experts on environmental and waste problems. The local government units (municipalities and communes) are responsible for managing urban waste in their territories, according to the Law On local governance. With regard to waste management, they are required to: - designate sites for the collection and processing of production waste in accordance with environmental criteria and a developmental plan, - organize the dumping of waste and hazardous substances, and the - protection of green areas in urban zones and their surroundings, - administer management of urban waste, including water treatment plants and solid waste management. Local government is in charge of organizing waste removal and contracting the companies doing the cleaning of the cities; draft and approve territory specific regulations on each of the waste management methods following the prototypes approved by the Minister of Environment and the Minister of Health. Municipalities and communes set the tariffs for waste removal in the territory of their jurisdiction and authorize the persons collecting them and organises waste management activities (collection, transport, treatment, and disposal) at local level. Local government authorities are responsible for defining waste collection and processing sites, in accordance with the environmental criteria and development plans; for organizing the disposal sites for both waste and hazardous waste; for urban waste and waste water treatment plants. Municipalities have sectors on city cleaning and waste management. 21

22 In municipalities, waste is dealt by the Directorate of Service which often lack capacities. There are not staffed with environmental qualified specialists or waste experts. 2.3 Other issues related to implementation and enforcement The DCM (Decision of Council of Ministers) "on Batteries and Accumulators and Waste Batteries and Accumulators Directive" (December 2012) sets rules for placing on the market of batteries and accumulators and in particular, prohibits the placing on the market of batteries and accumulators containing dangerous substances. It also aims to promote a high level of collection and recycling of waste batteries and accumulators. The DCM applies to all types of batteries and accumulators, regardless of shape, volume, weight, material composition or use. The DCM provides obligation for manufacturers/producers to register in the Register of Manufacturers. The DCM stipulates prohibitions for placing of batteries or accumulators in the market containing more than % mercury for weight and / or containing more than 0.002% cadmium for weight. From 1 January 2013 it was expected that the batteries and accumulators not meeting the provided requirements would have not be allowed to be placed in the market. The placing in the market will be regulated through orders/instructions of the Minister of the Environment, which will specify the legal and technical requirements for batteries and accumulators. The DCM sets the obligation for manufacturers to label batteries and accumulators with the corresponding symbol starting from 1 st of January Collection scheme is a very important element of the DCM. It sets rules for end users to dispose waste from portable batteries and accumulators at collection points; these schemes also impose rules to manufacturers and / or distributors, or third parties acting on their behalf for taking back at no cost the waste of portable batteries and accumulators from places where portable batteries and accumulators where supplied by them. The DCM provides the minimum percentages of waste collection for batteries and accumulators on the national level to be achieved: (a) 25% by 31 st of December 2016; (timeframe is set in accordance with the Directive); (b) 45% by 31 st of December 2020; (timeframe is set in accordance with the Directive). The DCM sets also rules for the treatment and recycling of the waste batteries and accumulators as provided in Annex III of the DCM. One important element are the financing costs related to the collection, treatment and recycling of all waste from portable batteries and accumulators, industrial and automotive, which are anticipated to be recovered from the manufacturer or third parties acting on their behalf. Detailed procedures are provided in relation to reporting to the European Commission, which are harmonized with the provisions of the Directive and are to be performed when Albania joins the European Union. The cases of violation of the provisions of this decision, if they do not constitute a criminal offense, are subject to the sanctions provided in the Law no , date On trading and supervision of 22