Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Albania (Ratification: 2003)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Application in law and in practice. The Committee previously noted the Government’s indication that the Ministry of Environment had developed a draft law on the control of major accident hazards involving dangerous substances to transpose the EU Directive 96/82/EC on the control of major accident hazards caused by dangerous substances (Seveso-II). The Government indicated that the draft law was expected to be approved in 2012.

The Committee notes the Government’s indication that, in light of the coming into force of EU Directive 2012/18/EC (Seveso-III) on 1 June 2015, which replaced Seveso-II, the Ministry of European Integration recommended the drafting of a new bill on the prevention of major accidents. The Ministry of the Environment is accordingly drafting a new bill to transpose the most recent EU Directive. The Committee hopes that this legislation will be adopted in the near future and that the Government will be able to communicate a detailed report on the application of the Convention in law and practice, indicating how effect is given to each Article of the Convention as indicated in the report form for the Convention. It also requests the Government to provide a copy of the legislation adopted to transpose Seveso-III, and to indicate how effect is given to the provisions of the Convention not covered by Seveso-III, including transport outside the site of a major hazard installation by pipeline.

Article 4 of the Convention. Formulation, implementation and periodic review of a coherent national policy. The Committee requests the Government to provide information on the measures taken to formulate, implement and periodically review a national policy concerning the protection of workers, the public and the environment against the risk of major accidents. It requests the Government to provide information on the consultations held in this regard with the most representative organizations of employers and workers and with the other interested parties who may be affected.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Application in law and in practice. The Committee notes the draft national legislation attached to the Government’s report. In its previous comment, the Committee asked the Government to report in detail in 2012. The Committee notes the information provided by the Government on the measures taken to establish the legal framework that gives effect to the Convention. It notes in particular the Government’s indication that, in the context of the approximation of legislation to that of the EU, the Ministry of Environment, Forest and Water Administration in cooperation with Project of Support to Environmental Law Enforcement in Albania, has drawn up a draft law “On the control of major accident hazards involving dangerous substances”. It notes that, according to the Government’s report, the abovementioned draft law transposes the EU (Seveso II) Directive 96/82/EC on the control of major accident hazards caused by dangerous substances, as amended. The Government also indicates that this draft law, which was under review by the competent line ministries, was expected to be approved in 2012 and would lead to the approval of a number of draft Decisions. The Committee hopes that this legislation will be adopted in the near future and that the Government will be able to communicate a detailed report on the application in law and in practice of the Convention in the country.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the general information provided by the Government in its latest report, including the adoption of a new law on occupational safety and health (OSH) (No. 10237 dated 18 February 2010) and the publication of a Document of Strategic Policies on OSH 2009–13 in May 2009. The Committee has referred to this information during its examination on the application by Albania of the Occupational Safety and Health Convention, 1981 (No. 155), and refers the Government to its comments under that Convention. The Committee would like to state that the Office is available to provide any further technical assistance regarding the required effect to be given to the present Convention, should the Government so request. The Committee notes that the Government has not provided information in its latest report on the application of the Convention, in law and in practice, and is therefore bound to repeat its previous comments, which read as follows:

The Committee notes the information provided by the Government in its first report and that accordingly Articles 2, 4(2), 6–12, 14–18, 20–22 of the Convention are not reflected in national legislation. The Committee also notes that, as regards the application of Articles 1, 3, 4(1), 5, 13 and 19, the Government refers to some provisions in the Law on Labour Inspection (No. 9434 of 30 October 2003) and the Law on Chemicals (No. 9108 of 17 July 2003) which only provide for a limited application of the provisions of the Convention. With reference to the Committee’s comments on the application by Albania of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that the Government is engaged in significant legislative reform in the area of occupational safety and health; that, pursuant to a request from the Government, the Office has provided technical comments on a draft comprehensive law on occupational safety and health; and that the Office would be disposed to provide any further technical assistance regarding the required effect to be given to the present Convention, should the Government so request. The Committee requests the Government to take the obligations under the present Convention into account in the context of the ongoing legislative reform and to submit copies of any relevant new legislation once adopted.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its first report and that accordingly Articles 2, 4(2), 6–12, 14–18, 20–22 of the Convention are not reflected in national legislation. The Committee also notes that, as regards the application of Articles 1, 3, 4(1), 5, 13 and 19, the Government refers to some provisions in the Law on Labour Inspection (No. 9434 of 30 October 2003) and the Law on Chemicals (No. 9108 of 17 July 2003) which only provide for a limited application of the provisions of the Convention. With reference to the Committee’s comments on the application by Albania of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that the Government is engaged in significant legislative reform in the area of occupational safety and health; that, pursuant to a request from the Government, the Office has provided technical comments on a draft comprehensive law on occupational safety and health; and that the Office would be disposed to provide any further technical assistance regarding the required effect to be given to the present Convention, should the Government so request. The Committee requests the Government to take the obligations under the present Convention into account in the context of the ongoing legislative reform and to submit copies of any relevant new legislation once adopted.