Albania: Legal News June 2017

Last Updated: 4 August 2017
Article by Olindo Shehu and Sabina Lalaj

I. Law no. 81/2017 "On Protected Sites"

On May 4, 2017, the Parliament approved the law no 81/2017 "On Protected Sites" ("Law 81/2017"), which repeals and replaces law no 8906 dated 06.60.2002 "On Protected Sites" as amended. The law has been published with the Official Gazette no. 116, dated 23.05.2017 and entered into force 15 days from the publication date.

The Law 81/2017 is partially in compliance with the Directive 92/43/EEC of 21 May 1992 "On the conservation of natural habitats and of wild fauna and flora". The law's scope encompass the designation, protection, administration, management, and sustainable use of the protected sites and of their natural -biological sources, based on the principle of sustainable development, in order to guarantee the completion of the environmental, economic, social and cultural functions, as well as establishes the responsibilities of the public institutions and of natual/legal persons with regards to the protection and sustainable management of the protected sites.

Governing principles

A protected site is defined as "a terrestrial, aquatic, marine or coastal area, geographically defined, well known, having delineated physical borders and managed through instruments of the law or other kind of effective instruments, in order to achieve the long-term protection/conservation of nature, in connection to the ecosystem's services and cultural values." In accordance to the law, the principles governing the management of the protected sites are the following:

  1. Sustainable development;
  2. Integration of the policies on the protection of the environment with those on economic development;
  3. "The polluter shall pay" principle application;
  4. Prevention and preliminary measures.

The scale of protection and the relevant public institutions

Law 81/2017 expressively establishes 3 scales of protection starting from the strict scale (I) of protection, which seeks the comprehensive protection of biodiversities and conservation of disturbance-free natural areas up to scale (III) of protection, which seeks to harmonize the protection and conservation with the undertaking of socio-economical and touristic activities in favor of the local population and the business community. Scale (II) of protection has as primary function of conservation of the biodiversity and maintenance of a natural area at the minimum level of disturbance from traditional activities and ecotrourism.

Law 81/2017 regulates the role and functions of the National Agency of Protected Sites (NAPS), regional agencies and other relevant public institutions. NAPS drafts the management plan for each site and is responsible for the administration and control of all the protected sites. The management structure comprises the ministry, the municipalities and the managing committees (committees composed of members from the municipality, the NAPS, relevant public institutions, civil society and landowners situated within the area of the protected site). The relevant ministry, in collaboration with the other ministries, municipalities, the interested persons, civil society and private owners, whose land is situated within the territory of the protected site, approves each management plan.

Economic activities within the protected sites

Law 81/2017 establishes that the activities that can be undertaken within a protected site such as economic activities, social and touristic activities, scientific researches, etc., shall be established by the management plan. Among the economic activities that can be undertaken conditioned by the prior obtainment of an authorization from the relevant body, are the following:

  1. Monitoring of the state of the environment, the ecosystem, habitats and specimens;
  2. Necessary interventions for the regeneration of ecosystems and silviculture of forests;
  3. Building of structures in service of touristic activities;
  4. Diving and sustainable underwater tourism using ecofriendly methods;
  5. Temporary, seasonal, and ecofriendly touristic constructions;
  6. Any other activity in accordance with the decision of the National Territory Council.

The ministry, NAPS and local governments encourage initiatives, projects and programs, which seek the improvement of the ecological and natural indexes of a protected site.

Concerning the private ownership and management of properties that fall under this law, the private land and private objects are administered and used by the owner/owners or legal possessors, only in accordance to the requirements of the management plan of the site. Private owners, whose property are situated within the protected site, and possessors of those properties participate in the planning, protection and use of the natural resources of the site. They collaborate with the administration of the site and apply the relevant regulations, management plans and programs drafted for its sustainable development.

Other novelties

Keeping in line with the Directive 92/43/EEC, Law 81/2017 regulates the criteria for selecting sites eligible for identification as sites of community importance and designation as special areas of conservation. Two new areas are defined as protected sites, namely the municipal natural park (category IV) which substitute the regional natural parks, and Green Crown (Category V).

The protected sites are registered with the portal and the National Protected Sites Database, which is drafted and managed by the ministry. The register is accessible for the public through the ministry's website.

Additionally, Law 81/2017 envisions the creation of a Special Fund for Protected Sites on behalf of NAPS, which consists of funds, provided by the revenues and contributions of the donors, and is used in the events of emergencies, for the rehabilitation of the consequences of bonfires or floods, natural disasters, infections of the plans or the wild animals, etc.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions