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Law No. 44/2019 amending the Criminal Code of the Republic of Albania No. 7895, dated 27.1.1995.

Country/Territory
Albania
Document type
Legislation
Date
2019
Source
FAO, FAOLEX
Subject
Livestock, Environment gen., Food & nutrition, Wild species & ecosystems, General
Keyword
Offences/penalties Air quality/air pollution Freshwater pollution Pollution control Soil pollution/quality Waste management Hazardous substances Radiation Ozone layer Food quality control/food safety Fraud Traceability/product tracing Animal welfare Biodiversity Ecosystem preservation Management/conservation Protected area Protection of environment Protection of habitats Protection of species Trade in species Wild fauna Wild flora
Geographical area
Europe, Europe and Central Asia, Mediterranean, Southern Europe
Entry into force notes
This Law enters into force 15 days after its publication in the Official Gazette.
Abstract

This Law makes several amendments in the Penal Code by strengthening the penalties and sanctions in the fields of pollution control; protection of environment; protection of air, soil and water; ecosystem preservation; biodiversity conservation; protection of flora and fauna; protection of species; management of waste and hazardous substances; animal welfare; and food safety. This Law amends Article 201 by imposing imprisonment in case of breach of the norms permitted by law regarding air pollution, surface and groundwater pollution, surface pollution or insoil depth, severe damage to animals or plants, through discharge, emission or the introduction of ionizing radiation or a quantity of materials into the air, soil or water. The following paragraph of this Article sets forth penalty increase for the same act when committed in areas specially protected by law, including areas of environmental, cultural, artistic, historical, architectural or archaeological value, or when cause or is likely to cause severe damage to the ecosystem, biodiversity, flora or fauna. This Law adds Articles 201/a, 201/b, 201/c and 201/ç to lay down penalties for the violation of requirements for collection, transportation, recovery or disposal of waste; storage and use of hazardous substances and preparations; and production, processing, handling, use, storage, transportation, import, export or disposal of nuclear materials or other radioactive substances. Furthermore, Article 202 lays down penalties for violation of the requirements of the legislation in force for the protection of wild fauna and flora as well as for the protected areas or permits and authorizations issued by the competent authorities. To this end, 202/a and 202/b are added to this Law to regulate the trade of specimens of protected species of wild flora and fauna or parts or their by-products and to prevent deterioration of habitats in environmentally protected areas. Article 203 is amended regarding the penalties in case violating the requirements of relevant legislation or permits and authorizations issued by competent bodies for the production, import, export, placing on the market or use of ozone depleting substances. Moreover, articles 207/a, 207/b, 207/c and 207/ç are added lay down penalties for the violation of requirements in the fields of animal welfare. In order to ensure the health or life of people through food safety, this Law amends Article 288. Thereby, this Law sets forth penalties for the violation of food safety requirements through import, production, sale and storage of hazardous foods. Additionally, Article 288/c and Article 288/ç are inserted regarding food fraud and demolition of security signs placed by state bodies for the purpose of supervising, controlling or suspending commercial activity in economic premises, on means of transport or on goods.

Full text
Albanian
Website
qbz.gov.al

References - Legislation

Amends

Law n. 7895, dated 27 January 1995 Criminal Code of the Republic of Albania.

Legislation | Albania | 1995 (2021)

Keyword: Framework law, Offences/penalties, Air quality/air pollution, Pollution control, Protection of environment, Public health, Hazardous substances, Hazardous waste, Waste management

Source: FAO, FAOLEX