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Air pollution, fines are expected to increase by 30 percent against entities. Who is penalized?

2024-02-23 10:53:55Biznes SHKRUAR NGA REDAKSIA VOX

Air pollution, fines are expected to increase by 30 percent against entities.

The government has decided to increase by 30 percent the administrative measures imposed against entities that pollute the air. In a draft law issued for consultation by the Ministry of Tourism and Environment "On the protection of air quality in the environment", several points have been changed, the first of which is the tightening of administrative measures. In the relation that accompanies this draft, it is stated that "the purpose of the law is to toughen administrative offenses in the legislation in force for the environment with 30% of the value of the fines, based on the results of the national consultation, from which it emerged that the citizens estimated that in order to prevent the actions of individuals or entities that cause pollution of the environment and public spaces need to have tougher punitive measures".

Likewise, the draft provides that the imposed fines are recognized as an executive title, making their collection simpler.

"The provision in the legislation of the environmental field of punishment with a fine as an executive title will bring effectiveness in the execution of sanctions imposed by administrative bodies, we clarify that, currently, the process of execution of fines is difficult due to the administrative and judicial appeal of the fine, extending in time the process and losing the purpose of setting the sanction for environmental pollution" the report states.

Draft offenses

The draft provides that any violation of the requirements of this law and of the by-laws issued in its implementation, when it does not constitute a criminal offense, is considered an administrative violation and is punished with a fine, suspension or closure of the activity, respectively:

a) non-fulfilment and non-compliance with the requirements, principles and conditions of emissions into the air by the operator of an installation, referring to the type A or B environmental permit:

i) for type A environmental permits, shall be punished with a fine in the amount of 1,300,000 (one million three hundred thousand) to 2,600,000 (two million six hundred thousand) ALL;

ii) for type B environmental permits, shall be punished with a fine in the amount of 390,000 (three hundred and ninety thousand) to 650,000 (six hundred and fifty thousand) ALL;

b) air pollution, caused by mobile sources, contrary to the requirements of Article 13, of this law, is punished with a fine in the amount of 1 300 000 (one million three hundred thousand) to 2 600 000 (two million six hundred thousand) Lek."

c) the production, importation, trading of fuels by entities and the use of fuels by the operator, contrary to the requirements of letters "a" and "b" of Article 14, of this law, are punished with a fine in the amount of 1,300,000 ( one million three hundred thousand) up to 2 600 000 (two million six hundred thousand) ALL, depending on the amount and danger posed by the unauthorized fuels, as well as with the seizure of the fuel that is present;

ç) Failure to comply with the measures for providing information on fuel consumption and CO2 emissions during the marketing of new vehicles, according to the requirements of letter "c" of Article 14, of this law, is punishable by a fine in the amount of 200,000 (two hundred thousand ) lek;

d) Non-fulfillment by the operators of the requirements for the reduction of leaks and discharges of volatile organic compounds (VOC) contrary to the definitions according to the letters "a", "c" and "ç" of Article 15, of this law, shall be punished with fine in the amount of 1 300 000 (one million three hundred thousand) to 2 600 000 (two million six hundred thousand) ALL, depending on the amount of danger that those fuels present, as well as with the suspension of the activity, as long as replace the fuel.


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