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What are the top three developments in Albania concerning green claims and the associated risk of greenwashing?
In the realm of environmental responsibility and consumer protection, Albania emerges as a proactive participant in international agreements, showcasing a commitment to sustainable practices and consumer rights. While greenwashing remains unregulated, Albania, guided by laws such as the comprehensive Law on Consumer Protection, strives to combat deceptive commercial practices. This commitment extends to stringent labeling regulations, ensuring consumer information and product identification. Moreover, Albania's Green Commitment, outlined in the National Energy Strategy 2030, positions the country as a "green battery" for the Balkan region, emphasizing the pursuit of renewable energy sources to address energy challenges and align with European environmental objectives. This dynamic approach positions Albania at the forefront of fostering a greener and more sustainable future.
1. Albania's Commitment to Sustainable Practices and Consumer Protection in the Face of Greenwashing
While greenwashing, the deceptive marketing practice that exaggerates or falsely claims environmental benefits, is not yet regulated, Albania is actively engaged in promoting sustainable practices. Albania is a proud participant in various international agreements that focus on environmental protection and sustainability. By aligning with these agreements, Albania is committed to adopting green policies and practices to ensure a healthier and more sustainable future for all.
Recognizing the significance of protecting consumer rights, particularly in the realm of environmental assertions, it is evident that even though current regulations may not explicitly tackle greenwashing, Albania remains committed to preserving consumer rights and promoting equitable and transparent business conduct.
According to the Law no. 9902, dated on 17.4.2008 “On Consumer Protection” (from herein after, “the Law on Consumer Protection”), commercial practice is considered misleading when it disseminates false information, presenting an untruthful representation of goods or services. Furthermore, a practice is misleading if, in any manner, including overall presentation, it deceives or is likely to deceive the average consumer. This deception prompts the consumer to make a decision that they otherwise would not have made, even when the information is rooted in factual accuracy. The primary features of the products, encompassing aspects such as their availability, utility, associated risks, applications, composition, accessories, post-purchase support for consumers, and procedures for addressing complaints are typically elements through the false depiction of which, a commercial practice could be considered decieving or misleading.
Additional details include the method and date of production or delivery, adaptability to the intended destination, recommended use, quantity, specifications, geographical or commercial origin, and anticipated outcomes from usage, as well as results or pertinent information from tests or controls conducted on the goods.
Administrative violations, not constituting criminal offenses, are categorized as administrative misdemeanors and are subject to penalties as outlined in the Law. The market oversight inspector holds the authority to levy fines, amounting to 100,000 Albanian lek or 970 euros, for breaches concerning packaging conditions, as specified in Article 11, where is specified that the vendor is mandated to sell goods in packaging that is both regular and secure. In instances of self-service transactions, the seller is required to furnish buyers with appropriate and safe packaging materials.
Violations related to irregular labeling, as stipulated in Article 8, attract fines of 200,000 ALL or 1,970 EUR. This provision mandates clear and comprehensible marking of goods for sale in the Albanian language, including the product name, manufacturer or importer's address, brand, weight, quantity, size, dimensions, and other necessary identification or usage information, along with details about minimum shelf life or expiration date.
Furthermore, a Consumer Protection Commission is established by the law to safeguard consumer rights. If a trader fails to provide information regarding additional payments, expenses, or the cost of returning goods, the consumer is exempt from such obligations. Nevertheless, the Commission has the authority to impose fines of 300,000 ALL or 2,970 EUR on non-compliant traders.
In cases of repeated offenses within a five-year period, the prescribed fines are doubled. Repetition is defined as committing the same offense for the second time.
In instances where the Commission identifies damage resulting from an administrative misdemeanor during its review, it evaluates the extent of the damage and issues a separate decision on compensation. The entity responsible for the administrative offense bears the cost of the imposed fines, which are deemed significant penalties according to this law.
2. Comprehensive Labeling Regulations in Albania: Ensuring Consumer Information and Product Identification
In addition to the provisions regulating misleading and deceptive commercial practices, the Law on Consumer Protection governs the labeling and marking of goods, based on the category of the products. Specifically, it provides general directives regarding the labeling and marking criteria for goods. Typically, labels are required to be in the Albanian language and should encompass details such as the product's name, the manufacturer and/or importer's address, distincthive signs of the manufacturer;Importer and distributor, weight, quantity, size or dimensions, and any other information essential for identification and use of the product.
If applicable, the label should display the expiration date. While the label in Albanian is not obligatory for exporters, Albanian importing companies are responsible for affixing labels before the product enters the market. Sticker labels in Albanian are acceptable when the primary labels are in a foreign language.
In accordance with the Law no. 9863 ‘‘On Food’’, dated 28.01.2008, all food products intended for end consumers must bear labels in the Albanian language, featuring all the aformentioned details. Similar to other goods, the label in Albanian is the responsibility of the Albanian importing company, and sticker labels in Albanian are acceptable if the primary labels are in a foreign language.
3. Albania's Green Commitment: Navigating Energy Challenges and Embracing Renewable Solutions
Nevertheless, Albania has actively participated in various Green Agreements 1 focused on specific resources. This has led to its recognition as a "green battery" for the Balkan region, owing to its remarkable potential in renewable resources.
Due to the changes in the water situation and the lack of diversification of resources, the country is quite exposed to the risk of insecurity of electricity supply on a continuous basis. Referring to the National Energy Strategy 2030, "The Government is committed to the implementation of a policy of increasing the use of renewable energy, mainly hydro, solar and wind, as a long-term perspective necessary to support overall economic development, security of supply with energy and environmental protection"
The National Energy Strategy for Albania The Energy Strategy for Albania 2018-2030, as an essential strategic document for the national energy sector, is in full coherence with other national policies and strategies and with the objectives of the European Green Pact:
- Providing clean, affordable and safe energy;
- Construction and renovation, promoting a cleaner construction sector;
- Accelerating the transition to sustainable and intelligent mobility;
- Elimination of pollution through measures for rapid and efficient reduction of pollution.
Given Albania's current status as a candidate country, it is likely that it will join the EU during the period covered by this strategy. For this reason, as its membership in the Energy Community requires, it is of fundamental importance that the energy strategy is also in line with the EU's Climate Change Policy, guaranteeing that the energy policy objectives and related plans of energy action identified in this document are in line with the ambitions expressed in the EU's CO2 reduction targets and political goals related to climate change.
The obligation for sellers to provide goods in regular and safe packaging is not only a matter of consumer safety but also holds significant implications in combating deceptive advertising practices such as "greenwashing." By ensuring that goods are packaged responsibly, sellers contribute to transparency and accurate representation of products. This becomes particularly relevant in the context of Albania's aspirations to join the EU. As the country aligns its energy strategy with the EU's Climate Change Policy, it underscores the commitment to environmental sustainability. In this context, deceptive practices like "greenwashing," where environmental benefits are exaggerated or falsely claimed, are mitigated. Aligning with EU standards not only safeguards consumers from misleading information but also strengthens Albania's position in fostering sustainable practices, creating a more informed and conscientious marketplace.
