• Updates on legislation from around the region

F Y R  M A C E D O N I A

Nature promotion and protection

• In early 1997, FYR Macedonia passed a new Act on Environment, Nature Protection and Promotion for 1997, supervised by the Ministry of Urban Planning, Construction and Environment (hereafter called "the Ministry"). Among its provisions, the Act calls for the establishment of an Agency for Environment, Nature Protection and Promotion to carry out expert work, including monitoring changes to the environment.

  In connection with the Act, the Government intends to pass a National Ecological Action Plan. Local municipalities and the city of Skopje must comply with the Plan and produce their own local action plans.

  Areas with "particularly significant natural values" shall be protected, although exemptions may be approved by the Ministry. The Act also guarantees the protection of human health and ensures the right to a healthy environment and the protection of nature from hazardous and dangerous substances produced by public utilities and industry. The import and storage of dangerous, hazardous and radioactive waste is prohibited in the Republic. The Ministry shall also prescribe, in forthcoming legislation, the kinds of investments for which environmental impact assessments must be prepared.

  The Act calls for the adoption of an Information System on Environment, Nature Protection and Promotion. Any person under threat of environmental pollution shall by law be informed, and consumers shall be informed about the impacts of goods or services on human health (i.e. through labeling). Public institutions in health care, information, culture and science, in contributing to the Information System, are obliged to consider the environment, nature protection and promotion in their programs and planning. Producers of hazardous substances must provide records of quantities generated to the Ministry.

  An Inspectorate for Environment, Nature Protection and Promotion, a special body within the Ministry, shall supervise the implementation of technological measures to protect the environment and human health. Inspectors may terminate work activities if deemed hazardous while appeals may be made to a special government commission. The Act lists the types of offenses for which penalties may be imposed on legal entities and individuals.

  The Act also calls for the establishment of a Fund for Environment, Nature Protection and Promotion, based on contributions from the Republic's budget, donations, grants, the registration of motor vehicles, etc. Fees and fines will be collected from polluting legal entities and individuals who shall contribute to the Fund in the form of "eco-deductions". Fund revenues will be used in accordance with the National Ecological Action Plan for specific environmental investments.

P O L A N D

New energy law

• The final draft of Poland's new Energy Act was passed April 10 and represents a consensus between many lobbies active in the Parliament. Under the Act, power utilities are obliged to guarantee the distribution of fuel and energy produced in Poland and maintain quality requirements.

  Power utilities which distribute gaseous fuels, electricity or heat are obliged to sell fuel and energy or to establish distribution contracts with purchasers willing to become interconnected to the grid. Power utilities producing electricity or heat are also obliged to maintain emergency fuel stocks in quantities which guarantee a continuous output of power.

  Under the law, the Ministry of Economy , the body responsible for energy policy, is obliged to:

  • prepare energy policy agreements with relevant Ministries and coordinate their implementation
  • define detailed planning and operating conditions for energy and fuel supply as defined in the Act
  • supervise the operation of national power systems,
  • cooperate with local administrative units (Voivodes) and local self-governments in terms of planning and implementing fuel and energy supply systems
  • coordinate cooperation with international government organizations

  The new law addresses the following concerns:

  • energy supply security assessment
  • in-country demand for fuel and energy
  • import of fuels and energy
  • investment policy
  • environmental protection activities
  • development of alternative and renewable energy
  • rationalization of fuels and energy use
  • concession policy related to power utilities
  • pricing policy
  • obligatory fuel stocks
  • ownership restructuring process in the energy sector
  • proposals related to international cooperation and research strategy
  • proposed legal regulations.

  The Act establishes a new central administration body called the Energy Regulation Authority (URE) which is obliged to encourage fuel and energy economy and promote market competitiveness. The Act is one of the first energy laws in Central and Eastern Europe oriented toward liberalization and a competitive energy market, allowing third party access to the grid and competition between utilities in the wholesale and general market. The President of URE shall be responsible for:

  • granting concessions
  • accepting and controlling tariffs for gaseous fuels, power and heat
  • accepting projects and plans for power and heat supply
  • coordinating quality parameters in terms of gas and heat supply
  • cooperating with relevant institutions to prevent monopolistic behaviors of energy suppliers.

  The Energy Law also promotes Integrated Resources Planning (IRP) and considers Demand-Side Management (DSM) options in the process of development planning of energy utilities.

A L B A N I A

First public participation draft decree in review

• A draft decree now before the Albanian government could regulate all entrepreneurial and industrial activities subject to an Environmental Impact Assessment (EIA) if passed. The draft defines those authorities which shall be responsible for EIA evaluations as well as the expert profiles of persons who will be authorized to perform EIAs. Activities affected include: surface mining; cross-sector planning of tourism projects; implementation of urban landfills; trade and industry; wastewater treatment plans; traffic and transport; and energy supply and power stations.

  The draft decree also includes the first pure elements of public participation in Albania. For the first time, the "public" is defined, as is its right to be informed during the EIA process. The public's right to comment on the preparation of EIA reports is guaranteed for thirty days, within which time all public hearings should be held and all written comments submitted. The draft also proposes that experts preparing the final draft of the EIA report must consider public comments made during the comment period. (Source: Drita Dade, PR Officer, Committee of Environmental Protection, Ministry of Health and Environment, Albania)