Law n. 45/2019 on civil protection.
Country
Type of law
Legislation
Abstract
The purpose of this Law is to reduce disaster risks and achieve civil protection in order to guarantee the protection of human life, livestock, property, cultural heritage and environment by strengthening the civil protection system. This Law governs the functioning of the civil protection system defining the responsibilities of the institutions and structures of this system, international cooperation, the rights and obligations of citizens and private entities, education, training and inspection. The civil protection aims to create the conditions for a society able to reduce disaster risks, to prevent, prepare for, cope with disasters and to recover, through an integrated and efficient civil protection system in the Republic of Albania. Disaster is here intended as serious disruption of the functioning of a community or society at any scale due to hazardous events interacting with conditions of exposure, vulnerability and coping capacity, leading to potential human, material, economic and environmental losses. Natural disaster shall be considered as any disaster caused by the extreme natural events, such as earthquakes, floods and overflows, extreme and prolonged temperatures, landslides, avalanches, strong winds on land and sea, massive forest fires, massive infectious diseases and others events that affect the human lives, livestock, property, cultural heritage and environment. Other disasters are defined as the technological, road, rail, marine, and air accidents, as well as fires, dam collapses, ecological or industrial nuclear accidents and other accidents caused by man, war or emergency state, the use of weapons and mass destruction means, terrorist attacks, and other types of mass violence.
The text is divided into thirteen main thematic Chapters and a total of 75 articles. Titles of these Chapters are as follows: I. General provisions; II. Disaster risk reduction; III. Civil protection system; IV. State of natural disaster and extraordinary measures; V. Protection of critical infrastructure and cultural heritage; VI. Early warning, monitoring, notification and alarm; VII. International Cooperation; VIII. Rights and duties of citizens; IX. Rights and duties of private entities and non-profit organizations; X. Education and training; XI. Funding; XII. Inspection and administrative offences; and XIII. Transitional and final provisions.
Disaster risk reduction shall include the totality of measures laid down in this Law, other applicable primary and secondary legislation into force, plans, programs and other documents aimed at: a) an accurate identification, periodic assessment and monitoring of disaster risks; b) reducing the effects of factors causing or increasing disaster risks through an accountable and adequate management of environment, land, water and other natural resources, as well as implementing appropriate technical and other measures; c) mitigating the negative consequences of disasters by better understanding and preventing risk, and increasing preparedness for effective response; d) investing in disaster risk prevention and reduction, promoting public and private investments and undertaking structural and non-structural measures; e) creating a culture of personal and community safety and resilience capacity to natural and other hazards; f) intensifying the cooperation among all central and local institutions and structures, partnerships with private entities, associations and civil society organizations, as well as citizens, who can contribute to disaster risk reduction; g) establishing precise procedures for the exchange of information and experience on risk reduction, the efficient provision and receipt of international operational and humanitarian assistance, elimination of natural and other risks consequences, and starting reconstruction of affected areas.
This Law sets some basic principles as its fundamentals-Principle of the right to protection in the event of disasters: Everyone has the right to protection from natural and other disasters; In the event of natural and other disasters, the protection and saving of people's lives shall have priority over any other civil protection activities. Principle of information: Information on hazards and activities of central, local and other institutions responsible for protection from natural and other disasters shall be public; The central and local institutions have the duty to inform the community of a given area that is at risk of being hit by natural or other disasters. Principle of liability: The subjects of this Law shall be in charge of applying the measures of protection from natural and other disasters. Principle of subsidiarity: When protection, rescue and assistance are required in a natural or other disaster, the capacities of the disaster-affected local self-government unit shall be used at first.
The risk assessment identifies the type, characteristic and background of disaster risks, the level of exposure and vulnerability, the factors that cause or increase the level of risk probability, as well as the potential consequences for human lives, livestock, property, cultural heritage and environment. Risk assessment shall be carried out at central, district and local level, not less than once in every three years. Risk assessment at central level shall be approved by a decision of the Council of Ministers, upon the proposal of the Minister. Risk assessment at district level shall be approved by an order of the Prefect. Risk assessment at local level shall be approved by a decision of the Municipal Council. This Law makes a partial approximation of selected European Union legislation (see article 1, sub-paragraph 1).
The text is divided into thirteen main thematic Chapters and a total of 75 articles. Titles of these Chapters are as follows: I. General provisions; II. Disaster risk reduction; III. Civil protection system; IV. State of natural disaster and extraordinary measures; V. Protection of critical infrastructure and cultural heritage; VI. Early warning, monitoring, notification and alarm; VII. International Cooperation; VIII. Rights and duties of citizens; IX. Rights and duties of private entities and non-profit organizations; X. Education and training; XI. Funding; XII. Inspection and administrative offences; and XIII. Transitional and final provisions.
Disaster risk reduction shall include the totality of measures laid down in this Law, other applicable primary and secondary legislation into force, plans, programs and other documents aimed at: a) an accurate identification, periodic assessment and monitoring of disaster risks; b) reducing the effects of factors causing or increasing disaster risks through an accountable and adequate management of environment, land, water and other natural resources, as well as implementing appropriate technical and other measures; c) mitigating the negative consequences of disasters by better understanding and preventing risk, and increasing preparedness for effective response; d) investing in disaster risk prevention and reduction, promoting public and private investments and undertaking structural and non-structural measures; e) creating a culture of personal and community safety and resilience capacity to natural and other hazards; f) intensifying the cooperation among all central and local institutions and structures, partnerships with private entities, associations and civil society organizations, as well as citizens, who can contribute to disaster risk reduction; g) establishing precise procedures for the exchange of information and experience on risk reduction, the efficient provision and receipt of international operational and humanitarian assistance, elimination of natural and other risks consequences, and starting reconstruction of affected areas.
This Law sets some basic principles as its fundamentals-Principle of the right to protection in the event of disasters: Everyone has the right to protection from natural and other disasters; In the event of natural and other disasters, the protection and saving of people's lives shall have priority over any other civil protection activities. Principle of information: Information on hazards and activities of central, local and other institutions responsible for protection from natural and other disasters shall be public; The central and local institutions have the duty to inform the community of a given area that is at risk of being hit by natural or other disasters. Principle of liability: The subjects of this Law shall be in charge of applying the measures of protection from natural and other disasters. Principle of subsidiarity: When protection, rescue and assistance are required in a natural or other disaster, the capacities of the disaster-affected local self-government unit shall be used at first.
The risk assessment identifies the type, characteristic and background of disaster risks, the level of exposure and vulnerability, the factors that cause or increase the level of risk probability, as well as the potential consequences for human lives, livestock, property, cultural heritage and environment. Risk assessment shall be carried out at central, district and local level, not less than once in every three years. Risk assessment at central level shall be approved by a decision of the Council of Ministers, upon the proposal of the Minister. Risk assessment at district level shall be approved by an order of the Prefect. Risk assessment at local level shall be approved by a decision of the Municipal Council. This Law makes a partial approximation of selected European Union legislation (see article 1, sub-paragraph 1).
Attached files
Date of text
Entry into force notes
This Law entered into force 15 days after its publication in the Official Gazette and its financial effects shall commence as of 1 January 2020.
Repealed
No
Publication reference
Official Gazette of the Republic of Albania 160/2019
Source language
English
Legislation Amendment
No
Original title
Ligji n. 45/2019 për mbrojtjen civile.